[Congressional Record Volume 156, Number 79 (Monday, May 24, 2010)]
[Senate]
[Page S4147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mrs. Gillibrand):
  S. 3399. A bill to remove the limit on the anticipated award price 
for contracts awarded under the procurement program for women-owned 
small business concerns, and for other purposes; to the Committee on 
Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today, during National Small 
Business Week, along with my colleague Senator Gillibrand, to introduce 
the Fairness in Women-Owned Small Business Contracting Act. This vital 
piece of legislation builds upon a bill I introduced last summer, the 
Small Business Contracting Programs Parity Act, S. 1489. The purpose of 
the bill is to remove the inequities involved in the women-owned small 
business contracting program.
  As former Chair and now Ranking Member of the Senate Committee on 
Small Business and Entrepreneurship, I have long been a champion of 
women entrepreneurs and have urged both past and present 
administrations to implement the woman-owned small business, WOSB, 
Federal contracting program, which was enacted into law ten years ago. 
On March 4, 2010, the Small Business Administration, SBA, finally 
proposed a workable rule to implement the women's procurement program.
  The SBA's new proposed rule clarifies that individual Federal 
agencies do not have to certify that they have engaged in past 
discrimination against women in order for their contracting officials 
to reserve contracts for WOSBs. The proposed rule also identifies 83 
eligible industries under the program as those in which women-owned 
small businesses are underrepresented or substantially 
underrepresented. These initiatives will help increase opportunities 
and access by women to Federal procurement.
  Although it is anticipated that the SBA will publish the final 
version of the women's procurement program by the end of the calendar 
year, the program will lack critical elements that the SBA's 8(a), 
historically underutilized business zones, and the service-disabled 
veteran-owned government contracting programs include. To remedy this, 
our bill will help provide tools women need to compete fairly in the 
federal contracting arena by allowing for receipt of non-competitive 
contracts, when circumstances allow. Moreover, the legislation would 
eliminate a restriction on the dollar amount of a contract that a WOSB 
can compete for, thus putting them on a level playing field with the 
other socioeconomic contracting programs.
  Women-owned small businesses have yet to receive their fair share of 
the Federal marketplace. As I have stated many times, I am dismayed 
that our Nation has repeatedly failed to meet all but one of its 
statutory small business contracting goals. In fiscal year 2008, the 
Federal Government missed meeting its overall goal for small business 
contracting by almost 2 percent. But not only did the Federal 
Government miss its overall small business goal, depriving small 
businesses of over $10 billion, it has never achieved its goal of 5 
percent for WOSB, achieving only 3.4 percent in fiscal year 2008. Our 
bill would greatly assist Federal agencies in achieving the small 
business goaling requirement for WOSBs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3399

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fairness in Women-Owned 
     Small Business Contracting Act of 2010''.

     SEC. 2. PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSINESS 
                   CONCERNS.

       Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) 
     is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``who are economically 
     disadvantaged'';
       (B) in subparagraph (C), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (C) by striking subparagraph (D); and
       (D) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (D) and (E), respectively; and
       (2) by adding at the end the following:
       ``(7) Sole source contracts.--A contracting officer may 
     award a sole source contract under this subsection to a small 
     business concern owned and controlled by women under the same 
     conditions as a sole source contract may be awarded to a 
     qualified HUBZone small business concern under section 
     31(b)(2)(A).''.

     SEC. 3. STUDY AND REPORT ON REPRESENTATION OF WOMEN.

       Section 29 of the Small Business Act (15 U.S.C. 656) is 
     amended by adding at the end the following:
       ``(o) Study and Report on Representation of Women.--
       ``(1) Study.--The Administrator shall periodically conduct 
     a study to identify any United States industry, as defined 
     under the North American Industry Classification System, in 
     which women are underrepresented.
       ``(2) Report.--Not later than 5 years after the date of 
     enactment of this subsection, and every 5 years thereafter, 
     the Administrator shall submit to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives a report on 
     the results of each study under paragraph (1) conducted 
     during the 5-year period ending on the date of the report.''.

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