Section 1 Short title
This Act may be cited as the “Fairness in Shaping Small Business Contracting Policies Act of 2023”.
Fairness in Shaping Small Business Contracting Policies Act of 2023
A BILL
To amend title 41, United States Code, to add the Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council, to require the Administrator to submit certain reports, and for other purposes.
Sec. 2 Addition of the Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council
In general— Paragraph (1) of section 1302(b) of title 41, United States Code, is amended—
in subparagraph (C), by striking “and” at the end;
in subparagraph (D), by striking the period at the end and inserting “; and”; and
by adding at the end the following new subparagraph:
“(E) the Administrator of the Small Business Administration.”
Conforming amendment— Paragraph (2) of such section is amended by striking “subparagraphs (B) to (D)” and inserting “subparagraphs (B) through (E)”.
Report— Not later than 90 days after the date of the enactment of this Act, the Administrator of the Small Business Administration 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 that includes—
an assessment of the personnel and resources necessary for the Administrator to carry out assigned duties as a member of the Federal Acquisition Regulatory Council; and
recommended changes to current laws, strategies, policies, or regulations to assist the Administrator in carrying out such duties.
Sec. 3 Report on rulemaking
Not later than one year after the date of enactment of this Act, and biannually thereafter, the Administrator of the Small Business Administration 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 that includes the following:
A list of the pending and completed legislative or executive branch actions that require or required rulemaking by both the Administrator and the Federal Acquisition Regulatory Council before such action could be carried out.
A description of the length of time between each such action and the issuance of a final rule relating to such action by the Federal Acquisition Regulatory Council.
A list of each such action for which the Federal Acquisition Regulatory Council requires a final rule to be issued by the Administrator before the Council initiates a rulemaking process.
Recommendations to decrease the length of time between a legislative or executive branch action and the issuance of a final rule relating to such action by the Federal Acquisition Regulatory Council, where such issuance occurs after the issuance of a final rule relating to such action by the Administrator.