Pub. L. 103-355, tit. VII, subtit. A, sec. 7106
PROCUREMENT GOALS FOR SMALL BUSINESS CONCERNS OWNED BY WOMEN.
SEC. 7106. PROCUREMENT GOALS FOR SMALL BUSINESS CONCERNS OWNED BY WOMEN. (a) Goals.— Section 15 of the Small Business Act (15 U.S.C. 644) is amended— (1) by striking out “and small business concerns owned and controlled by socially and economically disadvantaged individuals” each place it appears in the first sentence and fourth sentences of subsection (g)(1), the second sentence of 108 STAT. 3375subsection (g)(2), and paragraphs (1), (2)(A), (2)(D), and (2)(E) of subsection (h) and inserting in lieu thereof “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women”; (2) in subsection (g)— (A) by inserting after the third sentence of paragraph (1) the following: “The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year.”; (B) in the first sentence of paragraph (2), by striking out “and by small business concerns owned and controlled by socially and economically disadvantaged individuals,” and inserting in lieu thereof “, by small business concerns owned and controlled by socially and economically disadvantaged individuals, and by small business concerns owned and controlled by women”; and (C) in the fourth sentence of paragraph (2), by inserting after “including participation by small business concerns owned and controlled by socially and economically disadvantaged individuals” the following: “and participation by small business concerns owned and controlled by women”; and (3) in subsection (h)(2)(F), by striking out “women-owned small business enterprises” and inserting in lieu thereof “small business concerns owned and controlled by women”. (b) Subcontract Participation.— Section 8(d) of such Act (15 U.S.C. 637(d)) is amended— (1) by striking out “and small business concerns owned and controlled by socially and economically disadvantaged individuals” both places it appears in paragraph (1), both places it appears in paragraph (3)(A), in paragraph (4)(D), in subparagraphs (A), (C), and (F) of paragraph (6), and in paragraph (10)(B) and inserting in lieu thereof“, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women”; (2) by striking out subparagraph (D) in paragraph (3) and inserting in lieu thereof the following: “(E) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, or a small business concern owned and controlled by women.”; (3) in paragraph (3), by inserting after subparagraph (C) the following new subparagraph (D): “(D) The term ‘small business concern owned and controlled by women’ shall mean a small business concern— “(i) which is at least 51 per centum owned by one or more women; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more women; and “(ii) whose management and daily business operations are controlled by one or more women.”; and 108 STAT. 3376 (4) in paragraph (4)(E), by inserting “and for small business concerns owned and controlled by women” after “as defined in paragraph (3) of this subsection”. (c) Misrepresentations of Status.— (1) Subsection (d)(1) of section 16 of such Act (15 U.S.C. 645) is amended by striking out “or ‘small business concern owned and controlled by socially and economically disadvantaged individuals’” and inserting in lieu thereof “, a ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, or a ‘small business concerns owned and controlled by women’”. (2) Subsection (e) of such section is amended by striking out “or ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ ” and inserting in lieu thereof “, a ’small business concern owned and controlled by socially and economically disadvantaged individuals’, or a ‘small business concerns owned and controlled by women’”. (d) Definition.— Section 3 of such Act (15 U.S.C. 632) is amended by adding at the end the following new subsection: “(n) For the purposes of this Act, a small business concern is a small business concern owned and controlled by women if— “(1) at least 51 percent of small business concern is 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 “(2) the management and daily business operations of the business are controlled by one or more women.”.