[Congressional Record Volume 168, Number 97 (Tuesday, June 7, 2022)]
[House]
[Pages H5256-H5258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          WOMEN-OWNED SMALL BUSINESS PROGRAM TRANSPARENCY ACT

  Ms. VELAZQUEZ. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 7670) to amend the Small Business Act to require a 
report on small business concerns owned and controlled by women, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7670

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Women-Owned Small Business 
     Program Transparency Act'' or the ``WOSB Program Transparency 
     Act''.

     SEC. 2. REPORT ON SMALL BUSINESS CONCERNS OWNED AND 
                   CONTROLLED BY WOMEN.

       (a) In General.--Section 8(m) of the Small Business Act (15 
     U.S.C. 637(m)) is amended by adding at the end the following 
     new paragraph:
       ``(9) Report.--Not later than May 1, 2023, and annually 
     thereafter, the Administrator shall submit to the Committee 
     on Small Business of the House of Representatives and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate a report on small business concerns owned and 
     controlled by women. Such report shall include, for the 
     fiscal year preceding the date of the report, the following:
       ``(A) The total number of concerns certified as small 
     business concerns owned and

[[Page H5257]]

     controlled by women, disaggregated by the number of concerns 
     certified by--
       ``(i) the Administrator; or
       ``(ii) a national certifying entity approved by the 
     Administrator.
       ``(B) The amount of fees, if any, charged by each national 
     certifying entity for such certification.
       ``(C) The total dollar amount and total percentage of prime 
     contracts awarded to small business concerns owned and 
     controlled by women pursuant to paragraph (2) or pursuant to 
     a waiver granted under paragraph (3).
       ``(D) The total dollar amount and total percentage of prime 
     contracts awarded to small business concerns owned and 
     controlled by women pursuant to paragraphs (7) and (8).
       ``(E) With respect to a contract incorrectly awarded 
     pursuant to this subsection because it was awarded based on 
     an industry in which small business concerns owned and 
     controlled by women are not underrepresented--
       ``(i) the number of such contracts;
       ``(ii) the Federal agencies that issued such contracts; and
       ``(iii) any steps taken by Administrator to train the 
     personnel of such Federal agency on the use of the authority 
     provided under this subsection.
       ``(F) With respect to an examination described in paragraph 
     (5)(B)--
       ``(i) the number of examinations due because of 
     recertification requirements and the actual number of such 
     examinations conducted; and
       ``(ii) the number of examinations conducted for any other 
     reason.
       ``(G) The number of small business concerns owned and 
     controlled by women that were found to be ineligible to be 
     awarded a contract under this subsection as a result of an 
     examination conducted pursuant to paragraph (5)(B) or failure 
     to request an examination pursuant to section 127.400 of 
     title 13, Code of Federal Regulations (or a successor rule).
       ``(H) The number of small business concerns owned and 
     controlled by women that were decertified.
       ``(I) Any other information the Administrator determines 
     necessary.''.
       (b) Technical Amendment.--Section 8(m)(2)(C) of the Small 
     Business Act is amended by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Ms. Velazquez) and the gentleman from Texas (Mr. Williams) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Ms. VELAZQUEZ. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the measure under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Ms. VELAZQUEZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 7670, the Women-Owned 
Small Business Program Transparency Act.
  The Women-Owned Small Business program levels the playing field for 
female entrepreneurs who compete for Federal contracts. Additionally, 
it assists agencies in meeting the goal of awarding 5 percent of all 
contracts to women-owned small businesses.
  While the program has steadily improved, it has faced its fair share 
of delays and challenges. For example, the program started operating 10 
years after its enactment, and since its implementation 12 years ago, 
the 5 percent goal has only been met twice.
  The Small Business Administration implemented a formal certification 
process for the program in 2020, more than 5 years after being required 
to do so by Congress. As a result, while the agency is making great 
strides, it still has a substantial backlog of applications and the 
implementation of corresponding regulations--especially when it comes 
to program examinations--remains to be seen.
  The importance of the program to elevating women-owned small 
businesses in the Federal procurement arena makes it imperative to 
conduct oversight to ensure the program is meeting its legislative 
intent. H.R. 7670 will aid Congress in this endeavor by establishing 
reporting requirements to better assess the effectiveness of the 
program.
  In particular, H.R. 7670 requires the SBA to report on multiple 
facets of the Women-Owned Small Business program, including the amount 
of contracting dollars awarded through the program, the number of 
certifications issued, the amount of program examinations conducted, 
and much more.
  I thank the gentlewoman from Pennsylvania (Ms. Houlahan) and the 
gentlewoman from New York (Ms. Tenney) for their bipartisan work on 
this bill. H.R. 7670 is a commonsense piece of legislation that will 
bring transparency and accountability to the Women-Owned Small Business 
program.
  Madam Speaker, I urge my colleagues to support this bipartisan bill, 
and I reserve the balance of my time.
  Mr. WILLIAMS of Texas. Madam Speaker, I yield myself such time as I 
may consume.
  I rise in support of H.R. 7670, the Women-Owned Small Business 
Program Transparency Act.
  Federal programs, and especially Federal contracting programs, 
require comprehensive and complete reporting requirements from 
executive branch agencies. This information ensures that not only the 
programs are meeting congressional intent but also to ensure that 
safeguards and oversight capabilities are intact.
  H.R. 7670 bolsters the Women-Owned Small Business program by 
enhancing the program's reporting requirements. Having more information 
on how many women-owned small businesses are certified and the amount 
of fees charged by third-party certifiers will only strengthen the 
program.
  I thank the gentlewoman from Pennsylvania (Ms. Houlahan) and the 
gentlewoman from New York (Ms. Tenney) for working in a bipartisan 
manner to address the Women-Owned Small Business program. I also again 
would like to thank the chair for advancing this bill.
  H.R. 7670 is a good government bill that will provide more 
information about one of the SBA's Federal contracting programs.
  I reserve the balance of my time.
  Ms. VELAZQUEZ. Madam Speaker, I yield such time as she may consume to 
the gentlewoman from Pennsylvania (Ms. Houlahan).
  Ms. HOULAHAN. Madam Speaker, I proudly rise today to urge my 
colleagues to vote for my straightforward, bipartisan bill that 
supports our Nation's female entrepreneurs. It is called the Women-
Owned Small Business Program Transparency Act.
  As an engineer myself, and an entrepreneur and operator, I know very 
much firsthand that data can help us to address and understand some of 
our most pressing issues in business. Here is what the data says: Year 
after year, women-owned small businesses continue to be 
underrepresented when it comes to Federal contract funding. In other 
words, the playing field isn't nearly level.
  The good news is that there is already an initiative that is designed 
to address this. It is called the Women-Owned Small Business Federal 
Contracting Program. This program is popular and necessary to bridge 
the disparity in Federal contracts, but it needs some additional 
improvements.
  My bill will do just that by increasing transparency, oversight, and 
accountability. Through this program, the SBA aids other Federal 
agencies in meeting the statutory goal of awarding 5 percent of Federal 
contracts to women-owned businesses, a goal which the chairwoman 
mentioned has only been met twice in history.
  The program has experienced challenges, including a significant 
backlog of applications and poor visibility of the approval numbers by 
national certifying entities. Our bipartisan bill will address these 
concerns by requiring the SBA to share six critical pieces of 
information:
  One, the amount of contracting dollars that are awarded.
  Two, the number of certifications that are issued.
  Three, the amount of program examinations that are conducted.
  Four, the number of companies that are decertified.
  Five, the number of contracts that are incorrectly awarded.
  Simply put, this bill will allow Congress and the SBA to work 
together to help women secure government contracts, especially those in 
underrepresented industries, which include the signature crop of our 
region, the mushroom industry, and also include underrepresented 
industries such as the dairy product manufacturing industry, which is 
represented by ByHeart, the only baby formula manufacturer that

[[Page H5258]]

has been started in the last 15 years, that also happens to be in my 
district.
  The time is now for us to act, both as our female businessowners 
continue to recover from the pandemic and as additional contracts are 
issued through the historic implementation of the bipartisan 
Infrastructure Investment and Jobs Act.
  Madam Speaker, I thank my colleague and fellow entrepreneur from 
across the aisle, the gentlewoman from New York (Ms. Tenney) for her 
partnership on this bill that will help level the playing field for all 
female entrepreneurs across our country.
  I also thank and extend my thanks to Chair Velazquez and Ranking 
Member Luetkemeyer.
  Mr. WILLIAMS of Texas. Madam Speaker, I yield such time as she may 
consume to the gentlewoman from New York (Ms. Tenney), the ranking 
member of the Subcommittee on Underserved, Agriculture, and Rural 
Business Development.
  Ms. TENNEY. Madam Speaker, I am honored to partner with the 
gentlewoman from Pennsylvania (Ms. Houlahan) to introduce the 
bipartisan Women-Owned Small Business Program Transparency Act. In 2014 
and 2019, the Government Accountability Office found that the Women-
Owned Small Business program has several oversight deficiencies and 
needs to release more in-depth performance metrics to ensure it 
addresses the needs of women-owned small businesses and the taxpayer.
  This legislation today addresses these concerns, requiring the Small 
Business Administration to annually disclose the total number of 
businesses that are certified as women-owned by the SBA, the number 
certified by third-party certifiers, and fees charged by third-party 
certifiers, the dollar amount and percent of contracts to women-owned 
small businesses, and the information on contracts incorrectly awarded.
  For over two decades, the Women-Owned Small Business program has set 
aside at least 5 percent Federal contracting dollars for certified 
women-owned small businesses. This plays a small, but important, part 
of ensuring that the Federal Government does not leave our Nation's 
small businesses behind and that we continue to have a robust and 
competitive contractor ecosystem to pull from.
  In New York's 22nd Congressional District, small businesses make up 
94 percent of all employers, and I have witnessed firsthand the 
tremendous impact of women-owned small businesses. In fact, my own 
family business is a women-owned business. Whether it is Curcio 
Printing in the Southern Tier or AeroMed Technologies in Utica, our 
communities and, yes, our taxpayers benefit when women-owned businesses 
thrive.
  With these additional metrics available to policymakers, it will pave 
the way for future improvements to the Women-Owned Small Business 
program. Only through full transparency can we ensure that this program 
works effectively and efficiently for small businesses and for 
taxpayers.
  I thank, again, my partner and colleague, the gentlewoman from 
Pennsylvania (Ms. Houlahan), for cosponsoring this great piece of 
bipartisan legislation, and I urge my colleagues to join us in 
supporting this.

                              {time}  1645

  Ms. VELAZQUEZ. Madam Speaker, I reserve the balance of my time.
  Mr. WILLIAMS of Texas. Madam Speaker, I am prepared to close, and I 
yield myself such time as I may consume.
  Madam Speaker, as I mentioned earlier, it is important for Congress 
to study all of the Small Business Administration's Federal contracting 
programs regularly.
  H.R. 7670, the Women-Owned Small Business Program Transparency Act, 
will enhance our research and assist us as we examine this program. The 
more information that we have at our fingertips, simply the better.
  Madam Speaker, I urge all my colleagues to support this bill, and I 
yield back the balance of my time.
  Ms. VELAZQUEZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, long after the enactment of the legislation to create 
the Women-Owned Small Business Program, women still face inequities 
when it comes to Federal contracting. The Women-Owned Small Business 
Program tries to address these inequities.
  Today, we have the opportunity to further this mission through H.R. 
7670. This bill creates a reporting requirement through which to 
measure whether the program is working as intended. I am certain that 
this oversight mechanism will lead to increased transparency, 
accountability, and efficiency to the benefit of our women-owned small 
business community. That is why I thank our committee members for their 
leadership in advancing this piece of legislation.
  Madam Speaker, I urge my colleagues to vote ``yes,'' and I yield back 
the balance of my time.
  Ms. JACKSON LEE. Madam Speaker, I rise in strong support of H.R. 
7670, the ``Women-Owned Small Business Program Transparency Act.''
  H.R. 7670 is a bipartisan effort to amend the Small Business Act to 
require the Administrator of the Small Business Administration (SBA) to 
submit to Congress a report on small businesses owned and controlled by 
women including:
  Information as to the amount of contracting dollars awarded through 
the program,
  The number of certifications being issued,
  The amount of program examinations being conducted,
  The number of companies being decertified, and
  The number of contracts incorrectly awarded to industries within the 
North American Industry Classification System or NAICS codes ineligible 
for the program, as well as any actions taken by SBA to properly train 
agency personnel.
  The SBA's report to the Committee on Small Business of the House of 
Representatives and the Committee on Small Business and 
Entrepreneurship of the Senate will equip Congress with transparency 
into the effectiveness of the program that will enable future 
improvements to the program.
  Established in 2000, the Women-Owned Small Business (WOSB) program 
leveled the playing field by providing an opportunity for women-owned 
small businesses to attain federal contracts in industries where the 
SBA had determined that women entrepreneurs were underrepresented.
  Unfortunately, due to administrative neglect in the application 
review and the application backlog from eligible businesses, many women 
were shut out from attaining contracts.
  Following the U.S. Government Accountability Office's investigation 
into this matter, they concluded that ``By not improving its oversight 
of the WOSB program, SBA is limiting its ability to ensure third-party 
certifiers are following program requirements'', meaning that several 
contracts that WOSBs had applied for were inaccessible to women.
  When enacted, H.R. 7670 will reform the oversight of the WOSB program 
to ensure that transparency and accountability are high priorities 
during the contract distribution process.
  I applaud the efforts of my colleagues Rep. Chrissy Houlahan and Rep. 
Claudia Tenney for elevating the voices of all female entreprenuers 
across America, including over 125,000 female small business owners 
from Houston.
  There has been a long history of women-owned small businesses being 
excluded from consideration for federal contracts and participation in 
subcontracting. The progress that women-owned small businesses had made 
was curtailed by the COVID-19 pandemic, and that lost ground must be 
reversed so that women-owned businesses are able to remain competitive.
  Now more than ever, it is critical for Congress to stand with 
America's small business owners to whom we owe a great deal for our 
economic prosperity.
  Madam Speaker, I urge my colleagues to join me in supporting H.R. 
7670.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Ms. Velazquez) that the House suspend the 
rules and pass the bill, H.R. 7670.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROY. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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