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(2) in paragraph (1) by inserting ‘‘and sub-
contracts’’ after ‘‘contracts’’;
(3) by adding at the end of paragraph (1) the
following new sentence: ‘‘The Administration shall
submit to the Committee on Small Business of the
Senate and the Committee on Small Business of the
House of Representatives information obtained from
such reports, together with appropriate comments.’’;
and
(4) in paragraph (2)(F) by striking ‘‘women-
owned small business enterprises’’ and inserting
‘‘small business concerns owned and controlled by
women’’.
SEC. 4. SUBCONTRACTING.
(a) STATEMENT OF POLICY.—Section 8(d)(1) of the
Small Business Act (15 U.S.C. 637(d)(1)) is amended—
(1) in the first sentence by inserting ‘‘small
business concerns owned and controlled by women,’’
after ‘‘small business concerns,’’; and
(2) in the second sentence by inserting ‘‘, small
business concerns owned and controlled by women,’’
after ‘‘small business concerns’’ the first place it
appears.
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(b) CONTRACT CLAUSE.—The contract clause speci-
fied in section 8(d)(3) of the Small Business Act (15
U.S.C. 637(d)(3)) is amended as follows:
(1) Subparagraph (A) of such clause is amend-
ed by inserting ‘‘, small business concerns owned
and controlled by women,’’ after ‘‘small business
concerns’’ the first place it appears in the first sen-
tence and the first place it appears in the second
sentence.
(2) Subparagraph (C) of such clause is amend-
ed to read as follows:
‘‘(C)(i) As used in this contract, the term ‘small
business concern’ means a small business concern as
defined pursuant to section 3 of the Small Business
Act and relevant regulations promulgated pursuant
thereto.
‘‘(ii) As used in this contract, the term ‘small
business concern owned and controlled by socially
and economically disadvantaged individuals’ means a
small business concern—
‘‘(I) which is at least 51 percent owned by
one or more socially and economically disadvan-
taged individuals; or, in the case of any publicly
owned business, at least 51 percent of the stock
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of which is owned by one or more socially and
economically disadvantaged individuals; and
‘‘(II) whose management and daily busi-
ness operations are controlled by one or more of
such individuals.
The contractor shall presume that socially and eco-
nomically disadvantaged individuals include Black
Americans, Hispanic Americans, Native Americans,
Asian Pacific Americans, and other minorities, or
any other individual found to be disadvantaged by
the Administration pursuant to section 8(a) of the
Small Business Act.
‘‘(iii) As used in this contract, the term ‘small
business concern owned and controlled by women’
means a small business concern—
‘‘(I) which is at least 51 percent owned by
one or more women; or, in the case of any pub-
licly owned business, at least 51 percent of the
stock of which is owned by one or more women;
and
‘‘(II) whose management and daily busi-
ness operations are controlled by such women.
The contractor shall presume that women have been
subjected to gender based discrimination and may
determine whether a small business concern meets
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the percentage requirements under subclause (I)
without regard to the community property laws of
any jurisdiction.’’.
(c) CONFORMING AMENDMENTS.—Section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) is amended
by inserting ‘‘, small business concerns owned and con-
trolled by women,’’ after ‘‘small business concerns’’ the
first place it appears in paragraphs (3)(D), (4)(D),
(4)(E), (6)(A), (6)(C), (6)(F), (10)(B), and (11).
(d) EXCLUSION.—No business concern shall be
deemed eligible for any contract or other assistance pursu-
ant to section 2323 of title 10, United States Code, due
solely to the provisions of this section.
SEC. 5. WOMEN-IN-BUSINESS SPECIALISTS.
Section 15(k) of the Small Business Act (15 U.S.C.
644(k)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(k)’’;
(2) by redesignating paragraphs (1), (2), (3),
(4), (5), (6), (7), (8), and (9) as subparagraphs (A),
(B), (C), (D), (E), (F), (G), (H), and (I), respec-
tively;
(3) by striking ‘‘and’’ at the end of subpara-
graph (H) (as redesignated);
(4) in subparagraph (I) (as redesignated), by
striking out the period after ‘‘Code’’ and all that fol-
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lows through ‘‘shall be made’’ and inserting in lieu
thereof a comma, and by striking the period after
‘‘contract file’’ and inserting ‘‘, and’’;
(5) by inserting after subparagraph (I) (as re-
designated) the following new subparagraph:
‘‘(J) subject to paragraph (2)(A), designate an
employee of such office to be a women-in-business
specialist responsible for the implementation and
execution of programs designed to assist small busi-
ness concerns owned and controlled by women.’’;
(6) by designating the last sentence as para-
graph (2); and
(7) by adding at the end the following new
paragraph:
‘‘(3)(A) The Director of Small and Disadvantaged
Business Utilization in a Federal agency shall ensure that
the women-in-business specialist designated pursuant to
paragraph (1)(J) has sufficient knowledge of small busi-
ness concerns owned and controlled by women and the
Federal procurement process, other appropriate qualifica-
tions, and appropriate training from the Office of Wom-
en’s Business Ownership to effectively carry out the spe-
cialist’s responsibilities under this Act.
‘‘(B) Each women-in-business specialist designated
pursuant to paragraph (1)(J) in a Federal agency shall
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and controlled by socially and economically disadvantaged
individuals. To the maximum extent practicable, a rep-
resentative number of such concerns shall receive solicita-
tion packages for each proposed acquisition for which such
concerns may be eligible to compete.’’.
SEC. 7. ESTABLISHMENT OF THE OFFICE OF WOMEN’S
BUSINESS OWNERSHIP.
The Small Business Act (15 U.S.C. 631 et seq.) is
amended by adding at the end the following new section:
‘‘SEC. 28. OFFICE OF WOMEN’S BUSINESS OWNERSHIP.
‘‘(a) ESTABLISHMENT.—There is established in the
Small Business Administration the Office of Women’s
Business Ownership (hereinafter in this section referred
to as the ‘Office’).
‘‘(b) DIRECTOR.—The Director of the Office (herein-
after in this section referred to as the ‘Director’) shall be
appointed by the Administrator not later than sixty days
after the date of the enactment of this section.
‘‘(c) FUNCTIONS.—The Director shall perform the
following functions:
‘‘(1) Promote, coordinate, and monitor the
plans, programs, and operations of Federal depart-
ments and agencies which may contribute to the es-
tablishment, preservation, and strengthening of
small business concerns owned and controlled by
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women. The Director may, as appropriate, develop
comprehensive interagency plans and specific pro-
gram goals for small business concerns owned and
controlled by women with the cooperation of the
departments and agencies.
‘‘(2) Establish policies, definitions, procedures,
and guidelines to govern the implementation, inter-
pretation, and application of this section, and gen-
erally perform such functions and take such steps as
the Director may consider to be necessary or appro-
priate to carry out this section.
‘‘(3) Promote the mobilization of activities and
resources of State and local governments, business
and trade associations, private industry, colleges and
universities, foundations, professional organizations,
and volunteer and other groups toward the growth
of small business concerns owned and controlled by
women, and facilitate the coordination of the efforts
of such groups with those of Federal departments
and agencies.
‘‘(4) Make an annual assessment of the
progress made in the Federal Government toward
assisting small business concerns owned and con-
trolled by women to enter the mainstream of busi-
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ness ownership and provide recommendations for fu-
ture actions to the Administrator.
‘‘(5) Convene and consult (as necessary) with
persons inside and outside government to develop
and promote new ideas concerning the development
of small business concerns owned and controlled by
women.
‘‘(6) Consider the findings and recommenda-
tions of government and private sector investigations
and studies of the problems of women entrepreneurs,
and promote further research into such problems.
‘‘(7) Monitor the contracting and subcontract-
ing performance of each department, agency, and
business enterprise participating under this section.
‘‘(8) Promote access and participation for small
business concerns owned and controlled by women to
a fair proportion of the broad array of purchases
and contracts for property and services for the Fed-
eral Government.
‘‘(9) Provide training as needed to women-in-
business specialists designated pursuant to section
15(k)(1)(J) to carry out their responsibilities under
this Act.’’.
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SEC. 8. GENERAL ACCOUNTING OFFICE REPORT.
(a) REPORT REQUIREMENT.—Not later than 3 years
after the date of the enactment of this Act, the Comptrol-
ler General shall submit to Congress a report comparing
the number of small business concerns owned and con-
trolled by women procuring Federal contracts during the
year preceding the date of the enactment of this Act with
the number of such businesses during each of the 3 years
occurring after such date. If the number of such busi-
nesses did not increase significantly by the end of the 3-
year period beginning on the date of the enactment of this
Act, the Comptroller General shall include in the report
recommendations on actions that could be taken to
increase the number.
(b) SENSE OF CONGRESS.—If the report required
under subsection (a) shows that the number of small busi-
ness concerns owned and controlled by women did not in-
crease significantly by the end of the 3-year period begin-
ning on the date of the enactment of this Act, it is the
sense of Congress that further legislative steps should be
taken to ensure that the number of Federal contracts en-
tered into with small business concerns owned and con-
trolled by women realistically reflects the potential of such
business concerns to perform Federal contracting and sub-
contracting work.
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