[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 669. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle D of title VIII of division A, add 
     the following:

     SEC. 849. ELIMINATING SELF-CERTIFICATION FOR WOMEN-OWNED 
                   SMALL BUSINESSES.

       (a) Definitions.--In this section:
       (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).
       (b) 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 (d).
       (c) 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.
       (d) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations to carry out this section.
       (e) 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).''.
       (f) 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.
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