article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Procurement Assistance Act of 1993''. SEC. 2. GOAL SETTING. Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended-- (1) in paragraph (1) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in the first sentence and the first place it appears in the fourth sentence; (2) in the first sentence of paragraph (2) by inserting ``by small business concerns owned and controlled by women,'' after ``small business concerns,''; (3) in the second sentence of paragraph (2) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears; and (4) in the fourth sentence of paragraph (2) by inserting ``small business concerns owned and controlled by women and'' after ``including participation by''. SEC. 3. REPORTING. Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended-- (1) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in paragraph (1), the first place it appears in paragraph (2)(A), and the first place it appears in paragraph (2)(D); (2) in paragraph (1) by inserting ``and subcontracts'' 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. (b) Contract Clause.--The contract clause specified 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 amended by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in the first sentence and the first place it appears in the second sentence. (2) Subparagraph (C) of such clause is amended 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 disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ``(II) whose management and daily business operations are controlled by one or more of such individuals. The contractor shall presume that socially and economically 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 publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and ``(II) whose management and daily business 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 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 controlled 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 pursuant 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), respectively; (3) by striking ``and'' at the end of subparagraph (H) (as redesignated); (4) in subparagraph (I) (as redesignated), by striking out the period after ``Code'' and all that follows 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 redesignated) 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 business concerns owned and controlled by women.''; (6) by designating the last sentence as paragraph (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 business concerns owned and controlled by women and the Federal procurement process, other appropriate qualifications, and appropriate training from the Office of Women's Business Ownership to effectively carry out the specialist's responsibilities under this Act. ``(B) Each women-in-business specialist designated pursuant to paragraph (1)(J) in a Federal agency shall work full time to initiate and execute programs to assist small business concerns owned and controlled by women in participating in the performance of contracts let by the agency. The specialist shall-- ``(i) respond to requests from small business concerns owned and controlled by women; ``(ii) identify and solicit offers from small business concerns owned and controlled by women, as required under section 15(p) of this Act, through means such as sending solicitation packages to such concerns for each proposed contract for which such concerns may be eligible to compete and holding workshops on procurement for such concerns; and ``(iii) regularly monitor the agency's progress toward meeting the annual goal established under subsection (g) for participation by small business concerns owned and controlled by women.''. SEC. 6. OUTREACH. Section 15 the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: ``(p) Each Federal agency having procurement powers shall engage in affirmative efforts to identify and solicit offers from small business concerns owned and controlled by women and the small business concerns owned and controlled by socially and economically disadvantaged individuals. To the maximum extent practicable, a representative number of such concerns shall receive solicitation 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 (hereinafter 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 departments and agencies which may contribute to the establishment, preservation, and strengthening of small business concerns owned and controlled by women. The Director may, as appropriate, develop comprehensive interagency plans and specific program 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, interpretation, and application of this section, and generally perform such functions and take such steps as the Director may consider to be necessary or appropriate 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 controlled by women to enter the mainstream of business ownership and provide recommendations for future 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 recommendations 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 subcontracting 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 Federal 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.''. SEC. 8. GENERAL ACCOUNTING OFFICE REPORT. (a) Report Requirement.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report comparing the number of small business concerns owned and controlled 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 businesses 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 business concerns owned and controlled by women did not increase significantly by the end of the 3-year period beginning 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 entered into with small business concerns owned and controlled by women realistically reflects the potential of such business concerns to perform Federal contracting and subcontracting work.
summary: Women's Business Procurement Assistance Act of 1993 - Amends the Small Business Act to require the President and the head of each Federal agency to include small business concerns owned and controlled by women within the Federal procurement contract process. Declares that it is the policy of the United States that such business concerns should have the maximum opportunity to participate in the Federal procurement contract process. Requires the Director of the Small and Disadvantaged Business Utilization section in each Federal agency to designate a "women-in-business" specialist responsible for the execution of programs designed to assist small business concerns owned and controlled by women. Requires that each such specialist: (1) possess the appropriate knowledge, qualifications, and training for such position; and (2) work full-time in such position. Establishes in the Small Business Administration the Office of Women's Business Ownership. Directs the Comptroller General to report to the Congress on the number of small businesses owned and controlled by women procuring Federal contracts. Expresses the sense of the Congress that if the number of such businesses procuring such contracts does not rise significantly, then further legislative steps should be taken.