118 S1470 IS: Accountability in Women-Owned Small Business Contracting Act U.S. Senate 2023-05-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 1470IN THE SENATE OF THE UNITED STATESMay 4, 2023Ms. Ernst (for herself and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipA BILLTo amend the Small Business Act relating to small business concerns owned and controlled by women, and for other purposes.

1.

Short title

This Act may be cited as the Accountability in Women-Owned Small Business Contracting Act.

2.

Definitions

In this Act:(1)

Administrator

The term Administrator means the Administrator of the Small Business Administration.(2)

Small business concern owned and controlled by women

The term small business concern owned and controlled by women has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

3.

Eliminating Self-Certification for Women-Owned Small Businesses

(a)

Eliminating Self-Certification in Prime Contracting and Subcontracting for WOSBs

(1)

In general

Each prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by women in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), shall be entered into with small business concerns certified by the Administrator to meet the requirements under section 3(n) of such Act (15 U.S.C. 632(n)) to be a small business concern owned and controlled by women.(2)

Effective date

Paragraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (c).(b)

Phased Approach to Eliminating Self-Certification for WOSBs

Notwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by women may—(1)if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and (2)if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by women.(c)

Rulemaking

Not later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section.

4.

Agency testimony before Congress

Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended by adding at the end the following:(G)

Remediation

Any Federal agency failing to meet the goal for participation by small business concerns owned and controlled by women established under paragraph (1)(B) in a fiscal year shall—(i)submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the report required under subsection (h)(1); and(ii)testify before the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the details of the report submitted under clause (i), in particular the justifications and remediation plan described in subparagraphs (C) and (D) of subsection (h)(1)..

5.

Interagency report

Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Commerce, the Secretary of Agriculture, the Secretary of the Treasury, and the head of any other Federal agency that the Administrator determines appropriate, shall submit to Congress an interagency report that—(1)identifies the leading economic barriers for small business concerns owned and controlled by women, particularly for industries underrepresented by small business concerns owned and controlled by women;(2)includes a detailed description of the impact of inflation and supply chain disruptions on small business concerns owned and controlled by women during the 3-year period preceding the report;(3)makes recommendations to improve access to capital for small business concerns owned and controlled by women; and(4)in consultation with the Office of Federal Procurement Policy, makes recommendations for increasing the number of Federal contract opportunities for small business concerns owned and controlled by women.