S.Amdt. 5520

1. Adds SEC. 854. EXPANDING OPPORTUNITIES FOR WOMEN ENTREPRENEURS on page 240, between lines 6 and 7

   Adds a sectionPrinted page

   Inserted: SEC. 854. EXPANDING OPPORTUNITIES FOR WOMEN ENTREPRENEURS.

   Inserted: (a) Purpose.--The purpose of this section is to ensure that small business concerns owned by women receive a full and fair opportunity to compete for Federal contracts.

   Inserted: (b) Findings.--Congress finds the following:

   Inserted: (1) As a result of discrimination and barriers they have faced, businesses owned and controlled by women are underrepresented in our national economy.

   Inserted: (2) Relevant evidence includes the following:

   Inserted: (A) Numerous disparity studies conducted in every region of the Nation showing disparities in the utilization of women-owned businesses in Federal, State, and local government contracting despite their availability in relevant markets and industries.

   Inserted: (B) A recent RAND study showing that women-owned businesses were underutilized in Federal contracting in as many as 87 percent of the industries in the North American Industry Classification System codes.

   Inserted: (C) Census data showing that despite the fact that women-owned companies represent 30.4 percent of all privately-held firms in the Nation, they only generate approximately 4.2 percent of the gross domestic product of the United States.

   Inserted: (D) According to the Federal Procurement Data System, the portion of Federal contracts awarded to women-owned business has never exceeded 3.41 percent despite the fact that there has been a Federal contracting goal for women of 5 percent since 1994.

   Inserted: (E) Women's access to capital is important for the economy and social welfare, but this access continues to be limited. Of women owning larger businesses, 56 percent use commercial credit. However, these statistics lag behind men's access. For example, 71 percent of large male-owned businesses use credit.

   Inserted: (F) Reports from women owners of businesses that they are subject to stereotypes about their suspected lack of competence and higher performance standards than white men. Those reports also show that women-owned businesses encounter discrimination in obtaining loans and surety bonds, receiving price quotes from suppliers, working with trade unions, obtaining public and private sector prime contracts and subcontracts, and being paid promptly.

   Inserted: (3) Businesses owned and controlled by women make exceedingly important contributions to the economy of the Nation, and promoting women's business opportunities is a valuable and necessary way to maintain a well functioning society and is in the national interest.

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   Inserted: (c) Authority.--Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended--

   Inserted: (1) by striking paragraphs (1) through (4) and inserting the following:

   Inserted: "(1) Definitions.--In this subsection--

   Inserted: "(A) the term 'contracting officer' has the meaning given such term in section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5));

   Inserted: "(B) the term 'covered industry' means an industry in North American Industry Classification System code 11 (Forestry), 21 (Mining), 22 (Utilities), 23 (Construction), 31 (Manufacturing), 32 (Manufacturing), 33 (Manufacturing), 42 (Wholesale Trade), 44 (Retail Trade), 45 (Retail Trade), 48 (Transportation), 49 (Transportation), 51 (Information), 52 (Finance and Insurance), 53 (Real Estate and Rental and Leasing), 54 (Professional, Scientific, and Technical Services), 56 (Administrative and Support, Waste Management, and Remediation Services), 61 (Education Services), 62 (Health Care and Social Assistance), 71 (Arts, Entertainment, and Recreation), 72 (Accommodation and Food Services), or 81 (Other Services), or any successor to such codes; and

   Inserted: "(C) the term 'small business concern owned and controlled by women' has the meaning given such term in section 3(n), except that ownership shall be determined without regard to any community property law.

   Inserted: "(2) Authority to restrict competition.--

   Inserted: "(A) In general.--In accordance with this subsection, a contracting officer may restrict competition for any contract for the procurement of goods or services by the Federal Government to small business concerns owned and controlled by women if--

   Inserted: "(i) each of the small business concerns owned and controlled by women is not less than 51 percent owned by 1 or more women who are economically disadvantaged (and such ownership shall be determined without regard to any community property law);

   Inserted: "(ii) the contracting officer has a reasonable expectation that 2 or more small business concerns owned and controlled by women will submit offers for the contract;

   Inserted: "(iii) the contract is for the procurement of goods or services with respect to a covered industry;

   Inserted: "(iv) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price;

   Inserted: "(v) each small business concern owned and controlled by women is certified in a manner described in subparagraph (B); and

   Inserted: "(vi) the anticipated award price of the contract does not exceed--

   Inserted: "(I) $5,500,000 in the case of a contract in an industry with a North American Industry Classification System code that corresponds to manufacturing; and

   Inserted: "(II) $3,500,000 in the case of all other contracts.

   Inserted: "(B) Acceptance of certification.--For purposes of subparagraph (A)(v), a contracting officer shall accept a certification that a business concern is a small business concern owned and controlled by women if such certification is made by--

   Inserted: "(i) a Federal department or agency or a State or local government;

   Inserted: "(ii) a national certifying entity approved by the Administrator; or

   Inserted: "(iii) the business concern, if the business concern--

   Inserted: "(I) submits a certification that it is a small business concern owned and controlled by women; and

   Inserted: "(II) provides adequate documentation in accordance with standards established by the Administrator to support the certification.

   Inserted: "(C) No past finding of discrimination required.--A contracting officer may restrict competition under this paragraph regardless of whether the contracting officer makes a finding of past gender discrimination by the contracting agency.

   Inserted: "(3) Deadline.--Not later than 90 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2009, the Administrator shall--

   Inserted: "(A) approve national certifying entities for the purposes of paragraph (2)(B)(ii); and

   Inserted: "(B) establish the standards described in paragraph (2)(B)(iii).

   Inserted: "(4) Waiver.--With respect to a small business concern owned and controlled by women, the Administrator may waive paragraph (2)(A)(i) if the Administrator determines that the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are substantially under-represented in Federal contracting.";

   Inserted: (2) in paragraph (5)--

   Inserted: (A) by striking "(2)(F)" in each place it appears and inserting "(2)(B)"; and

   Inserted: (B) by adding at the end the following:

   Inserted: "(D) Protests by small business concerns.--For purposes of this paragraph, the term 'interested party' shall include any small business concern."; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(7) Sunset.--The authority under this subsection to restrict competition for a contract to small business concerns owned and controlled by women shall terminate 5 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2009.".

   Inserted: (d) Procedures.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall establish the procedures relating to the verification of eligibility required by paragraph (5)(A) of section 8(m) of the Small Business Act (15 U.S.C. 637(m)).

   Inserted: (e) Mentor-Protege Program.--The Administrator of the Small Business Administration shall establish a mentor-protege program for small business concerns owned and controlled by women (as that term is defined in section 3 of the Small Business Act (15 U.S.C. 632)), modeled on the mentor-protege program of the Small Business Administration for small businesses participating in programs under section 8(a) of the Small Business Act (15 U.S.C. 637(a)). Any funds authorized to be appropriated for the program under this subsection, shall supplement and not supplant, funds available for mentor-protege programs in operation on the day before the date of enactment of this Act.

   Original wording

   On page 240, between lines 6 and 7, insert the following:

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As printed