I 

118TH CONGRESS 

1ST SESSION H. R. 5454 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2023 

Ms. VELA ́ZQUEZ introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committee 

on Small Business, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness in Shaping 

5 Small Business Contracting Policies Act of 2023’’. 


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1 SEC. 2. ADDITION OF THE ADMINISTRATOR OF THE SMALL 

2 BUSINESS ADMINISTRATION TO THE FED3 ERAL ACQUISITION REGULATORY COUNCIL. 

4 (a) IN GENERAL.—Paragraph (1) of section 1302(b) 

5 of title 41, United States Code, is amended— 

6 (1) in subparagraph (C), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (D), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(E) the Administrator of the Small Busi13 ness Administration.’’. 

14 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

15 such section is amended by striking ‘‘subparagraphs (B) 

16 to (D)’’ and inserting ‘‘subparagraphs (B) through (E)’’. 

17 (c) REPORT.—Not later than 90 days after the date 

18 of the enactment of this Act, the Administrator of the 

19 Small Business Administration shall submit to the Com20 mittee on Small Business of the House of Representatives 

21 and the Committee on Small Business and Entrepreneur22 ship of the Senate a report that includes— 

23 (1) an assessment of the personnel and re24 sources necessary for the Administrator to carry out 

25 assigned duties as a member of the Federal Acquisi26 tion Regulatory Council; and 


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1 (2) recommended changes to current laws, 

2 strategies, policies, or regulations to assist the Ad3 ministrator in carrying out such duties. 

4 SEC. 3. REPORT ON RULEMAKING. 

5 Not later than one year after the date of enactment 

6 of this Act, and biannually thereafter, the Administrator 

7 of the Small Business Administration shall submit to the 

8 Committee on Small Business of the House of Representa9 tives and the Committee on Small Business and Entrepre10 neurship of the Senate a report that includes the fol11 lowing: 

12 (1) A list of the pending and completed legisla13 tive or executive branch actions that require or re14 quired rulemaking by both the Administrator and 

15 the Federal Acquisition Regulatory Council before 

16 such action could be carried out. 

17 (2) A description of the length of time between 

18 each such action and the issuance of a final rule re19 lating to such action by the Federal Acquisition Reg20 ulatory Council. 

21 (3) A list of each such action for which the 

22 Federal Acquisition Regulatory Council requires a 

23 final rule to be issued by the Administrator before 

24 the Council initiates a rulemaking process. 


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1 (4) Recommendations to decrease the length of 

2 time between a legislative or executive branch action 

3 and the issuance of a final rule relating to such ac4 tion by the Federal Acquisition Regulatory Council, 

5 where such issuance occurs after the issuance of a 

6 final rule relating to such action by the Adminis7 trator. 

Æ 


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