I 
111TH CONGRESS 
1ST SESSION H. R. 2299 
To amend the Small Business Act to enhance services to small business 
concerns that are disadvantaged, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2009 
Mr. RUSH (for himself, Ms. CORRINE BROWN of Florida, Mr. COHEN, Mr. 
ISRAEL, Mr. CLAY, Mr. ORTIZ, Ms. FUDGE, Mr. MOORE of Kansas, Mr. 
BARROW, Mr. CROWLEY, Mr. ROSS, Ms. LEE of California, Mr. CLY-
BURN, Mr. JOHNSON of Georgia, Ms. JACKSON-LEE of Texas, Mr. 
TOWNS, Ms. CLARKE, Mr. CUMMINGS, Mr. CLEAVER, Mr. WEINER, Mr. 
MCDERMOTT, Ms. EDWARDS
of Maryland, Mrs. TAUSCHER, Mr. 
PERLMUTTER, Ms. KAPTUR, and Mr. LANGEVIN) introduced the fol-
lowing bill; which was referred to the Committee on Small Business 
A BILL 
To amend the Small Business Act to enhance services to 
small business concerns that are disadvantaged, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Minority Small Busi-
ness Enhancement Act of 2009’’. 
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SEC. 2. ENHANCEMENT OF SERVICES TO SMALL BUSI-
NESSES THAT ARE DISADVANTAGED. 
(a) NET WORTH.—Section 8(a)(6)(A) of the Small 
Business Act (15 U.S.C. 637(a)(6)(A)) is amended by in-
serting after ‘‘disadvantaged individual.’’ the following: 
‘‘For purposes of eligibility for admission as a Program 
Participant and for continued eligibility after admission, 
the net worth of such individual may be any amount less 
than $1,500,000.’’. 
(b) 
TIME
LIMIT
ON
PARTICIPATION.—Section 
7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) 
is amended— 
(1) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively; 
(2) by inserting ‘‘(A)’’ after ‘‘(15)’’; and 
(3) by adding at the end the following: 
‘‘(B) No time limitation relating to the period that 
a small business concern may receive developmental assist-
ance under the Program and contracts under section 8(a) 
shall apply to a small business concern that has not com-
pleted a contract under section 8(a).’’. 
SEC. 3. SURETY BOND GUARANTEES. 
Section 508(f) of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111–5; 123 
Stat. 159) is amended by striking ‘‘amendments made by 
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ments, all of which are exempted require-
ments under paragraph (6). 
‘‘(2) 
BUNDLING
OF
CONTRACT
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—The term ‘bundling of 
contract requirements’ means the use of any 
bundling methodology to satisfy 2 or more pro-
curement requirements for goods or services 
previously supplied or performed under separate 
smaller contracts or orders, or to satisfy 2 or 
more procurement requirements for construc-
tion services of a type historically performed 
under separate smaller contracts or orders, that 
is likely to be unsuitable for award to a small 
business concern due to— 
‘‘(i) the diversity, size, or specialized 
nature of the elements of the performance 
specified; 
‘‘(ii) the aggregate dollar value of the 
anticipated award; 
‘‘(iii) the geographical dispersion of 
the contract or order performance sites; or 
‘‘(iv) any combination of the factors 
described in clauses (i), (ii), and (iii). 
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‘‘(B) INCLUSION
OF
NEW
FEATURES
OR 
FUNCTIONS.—A combination of contract re-
quirements that would meet the definition of a 
bundling of contract requirements but for the 
addition of a procurement requirement with at 
least one new good or service shall be consid-
ered to be a bundling of contract requirements 
unless the new features or functions substan-
tially transform the goods or services and will 
provide measurably substantial benefits to the 
government in terms of quality, performance, or 
price. 
‘‘(C) EXCEPTIONS.—The term does not in-
clude— 
‘‘(i) the use of a bundling method-
ology for an anticipated award with an ag-
gregate dollar value below the dollar 
threshold specified in paragraph (5); or 
‘‘(ii) the use of a bundling method-
ology to meet procurement requirements, 
all of which are exempted requirements 
under paragraph (6). 
‘‘(3) BUNDLING
METHODOLOGY.—The term 
‘bundling methodology’ means— 
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‘‘(A) a solicitation to obtain offers for a 
single contract or order, or a multiple award 
contract or order; or 
‘‘(B) a solicitation of offers for the 
issuance of a task or a delivery order under an 
existing single or multiple award contract or 
order. 
‘‘(4) SEPARATE
SMALLER
CONTRACT.—The 
term ‘separate smaller contract’, with respect to 
bundling of contract requirements, means a contract 
or order that has been performed by 1 or more small 
business concerns or was suitable for award to 1 or 
more small business concerns. 
‘‘(5) DOLLAR THRESHOLD.—The term ‘dollar 
threshold’ means $65,000,000, if solely for construc-
tion services, and $5,000,000 with respect to all 
other circumstances. 
‘‘(6) EXEMPTED
REQUIREMENTS.—The term 
‘exempted requirement’ means a procurement re-
quirement solely for items that are not commercial 
items (as the term ‘commercial item’ is defined in 
section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)). 
‘‘(7) PROCUREMENT REQUIREMENT.—The term 
‘procurement requirement’ means a determination 
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by an agency that a specified good or service is 
needed to satisfy the mission of the agency.’’. 
(b) PROPOSED PROCUREMENT REQUIREMENTS.— 
Section 15(a) of the Small Business Act (15 U.S.C. 
644(a)) is amended— 
(1) by striking ‘‘necessary and justified.’’ and 
inserting ‘‘necessary and justified, as well as identi-
fying information on the incumbent contract holders, 
a description of the industries which might be inter-
ested in bidding on the contract requirements, and 
the number of small businesses listed in the industry 
categories that could be excluded from future bid-
ding if the contract is combined or packaged.’’; and 
(2) by striking the sentence beginning ‘‘When-
ever the Administration and the contracting procure-
ment agency fail to agree,’’ and inserting the fol-
lowing: ‘‘Whenever the Administration and the con-
tracting procurement agency fail to agree, the Ad-
ministrator may review the proposed procurement, 
may delay the solicitation process for not more than 
10 days to make recommendations, and the matter 
shall be submitted to the Director of the Office of 
Management and Budget to mediate the disagree-
ment.’’. 
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SEC. 5. FEDERAL CONTRACTING GOALS. 
(a) INCREASE IN CERTAIN GOALS.—Section 15(g)(1) 
of the Small Business Act (15 U.S.C. 644(g)(1)) is 
amended— 
(1) by striking ‘‘not less than 23 percent’’ and 
inserting ‘‘not less than 25 percent’’; and 
(2) by striking ‘‘not less than 5 percent’’ each 
place it appears and inserting ‘‘not less than 10 per-
cent’’. 
(b) LIMITATION ON NUMBER OF CATEGORIES FOR 
WHICH A BUSINESS MAY QUALIFY.—Section 15(g) of the 
Small Business Act (15 U.S.C. 644(g)) is amended by 
adding at the end the following: 
‘‘(3) For purposes of this subsection and subsection 
(h), with respect to each procurement contract a small 
business concern may not qualify as more than 2 specified 
categories, regardless of whether such small business con-
cern satisfies the definition of more than 2 specified cat-
egories. The specified categories are small business con-
cerns, small business concerns owned and controlled by 
service-disabled veterans, qualified HUBZone small busi-
ness concerns, small business concerns owned and con-
trolled by socially and economically disadvantaged individ-
uals, and small business concerns owned and controlled 
by women.’’. 
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(c) 
GOVERNMENT
ACCOUNTABILITY
OFFICE 
STUDY.—Not later than October 1, 2010, the Comptroller 
General of the United States shall conduct and submit to 
Congress a report describing the results of a study on dis-
parities in the awarding of Federal contracts to procure 
goods or services with respect to small business concerns 
owned and controlled by socially and economically dis-
advantaged individuals, small business concerns, and other 
business concerns. 
Æ 
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