Federal agencies could set aside contracts for women-owned small businesses in 83 industries under a new regulation proposed by the Small Business Administration.

The rule would implement a law passed by Congress nearly 10 years ago. An estimated 76,000 women-owned businesses could benefit from this rule, which is much broader than the program envisioned by the SBA during the Bush administration.

After years of delay, the Bush administration proposed limiting the set-aside program to only four industries, then later increased that number to 31 industries. Before federal agencies could set aside contracts for women-owned businesses, however, they would first have to determine that they had discriminated against women-owned businesses in the past, according to this version of the rule. Critics doubted agencies would admit this, because that could open the door to discrimination lawsuits.

The Obama administration scrapped the Bush-era regulations when it took office and developed a new proposal. Advocates for women-owned businesses are pleased with the result.

“Federal contracting offices will finally have the tool they need to bring fair access to federal contracts for women-owned small businesses,” said Margot Dorfman, CEO of the U.S. Women’s Chamber of Commerce, which sued the SBA over its delays in implementing the rule during the Bush administration.

“Opening the doors to opportunity will enable women-owned firms to grow their revenues, sustain their employees, create new job growth and support our U.S. economy,” Dorfman said.

Barbara Kasoff, president of Women Impacting Public Policy, said the new rule fixes the two biggest flaws in the Bush administration proposal: the limited number of industries that would be subject to the set-asides for women; and the requirement for agencies to find themselves guilty of discrimination in the past.

Congress has directed the federal government to award 5 percent of its contracting dollars to women-owned businesses, but that goal has never been met. In fiscal 2008, 3.4 percent of federal contracting dollars went to women.

“Women-owned small businesses are one of the fastest-growing segments of our economy, yet they continue to be under-represented when it comes to federal contracting,” said SBA Administrator Karen Mills.

Allowing agencies to set aside certain contracts for women-owned businesses should help the government meet its 5 percent goal, program supporters contend. Under the rule, small businesses must be majority-owned by a woman or women in order to qualify for the program. Women also must manage the firm’s daily operations.

The SBA identified 83 industries where women were under-represented in federal contracting or substantially under-represented. In the 45 industries where women are under-represented, women business owners must be economically disadvantaged in order to qualify for the contract set-asides. That requirement can be waived in the 38 industries where women are substantially underrepresented.

Examples of industries eligible for the set-asides include professional services such as accounting, legal services and public relations, as well as sectors ranging from data processing to commercial equipment leasing.

Contracts set aside for women-owned businesses can’t exceed $5 million for manufacturers and $3 million for other types of businesses. The gains women-owned businesses achieve through the new rule could come at the expense of other types of small businesses unless the federal government increases its overall contracting to small firms. The federal government has struggled to reach its 23 percent small business goal.

The women’s procurement program is “carving a new slice out of a shrinking pie,” said Al Krachman, a partner in the Washington, D.C., office of Blank Rome who specializes in government contracting.