[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3971 Reported in Senate (RS)]
<DOC>
Calendar No. 407
118th CONGRESS
2d Session
S. 3971
To amend the Small Business Act to require reporting on additional
information with respect to small business concerns owned and
controlled by women, qualified HUBZone small business concerns, and
small business concerns owned and controlled by veterans, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 19, 2024
Mr. Coons (for himself and Mr. Kennedy) introduced the following bill;
which was read twice and referred to the Committee on Small Business
and Entrepreneurship
May 23, 2024
Reported by Mrs. Shaheen, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Small Business Act to require reporting on additional
information with respect to small business concerns owned and
controlled by women, qualified HUBZone small business concerns, and
small business concerns owned and controlled by veterans, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Small Business Contracting
Transparency Act of 2024''.</DELETED>
<DELETED>SEC. 2. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY WOMEN.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(9) Report.--Not later than May 1, 2024, and
annually thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report on small business concerns owned and
controlled by women, which shall include, for the fiscal year
preceding the date of the report, the following:</DELETED>
<DELETED> ``(A) The number of applications for
certification as a small business concern owned and
controlled by women that have sufficient information
for the Administrator to make a certification
determination, disaggregated by--</DELETED>
<DELETED> ``(i) the number of applications
certified;</DELETED>
<DELETED> ``(ii) the number of applications
denied; and</DELETED>
<DELETED> ``(iii) the number of applications
for which a determination has not been
made.</DELETED>
<DELETED> ``(B) The number of concerns certified as
small business concerns owned and controlled by women
by a national certifying entity approved by the
Administrator.</DELETED>
<DELETED> ``(C) The amount of fees, if any, charged
by each national certifying entity for the
certification described in subparagraph (B).</DELETED>
<DELETED> ``(D) 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).</DELETED>
<DELETED> ``(E) 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).</DELETED>
<DELETED> ``(F) 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--</DELETED>
<DELETED> ``(i) the number of such
contracts;</DELETED>
<DELETED> ``(ii) the Federal agencies that
issued such contracts; and</DELETED>
<DELETED> ``(iii) any steps taken by
Administrator to train the personnel of each
Federal agency described in clause (ii) on the
use of the authority provided under this
subsection.</DELETED>
<DELETED> ``(G) With respect to an examination
described in paragraph (5)(B)--</DELETED>
<DELETED> ``(i) the number of examinations
due because of recertification requirements and
the actual number of examinations conducted;
and</DELETED>
<DELETED> ``(ii) the number of examinations
conducted for any other reason.</DELETED>
<DELETED> ``(H) 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 any successor
regulation.</DELETED>
<DELETED> ``(I) The number of small business
concerns owned and controlled by women that were
decertified.</DELETED>
<DELETED> ``(J) The total number of small business
concerns owned and controlled by women.</DELETED>
<DELETED> ``(K) Any other information the
Administrator determines necessary.''.</DELETED>
<DELETED> (b) Technical Amendment.--Section 8(m)(2)(C) of the Small
Business Act is amended by striking ``paragraph (3)'' and inserting
``paragraph (4)''.</DELETED>
<DELETED>SEC. 3. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY QUALIFIED HUBZONE SMALL BUSINESS CONCERNS.</DELETED>
<DELETED> Section 31 of the Small Business Act (15 U.S.C. 657a) is
amended--</DELETED>
<DELETED> (1) by redesignating subsection (f) as subsection
(g); and</DELETED>
<DELETED> (2) by inserting after subsection (e) the
following:</DELETED>
<DELETED> ``(f) Report.--Not later than May 1, 2024, and annually
thereafter, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on HUBZone small
business concerns, which shall include, for the fiscal year preceding
the date of the report, the following:</DELETED>
<DELETED> ``(1) The number of applications for certification
as a qualified HUBZone small business concern that have
sufficient information for the Administrator to make a
certification determination, disaggregated by--</DELETED>
<DELETED> ``(A) the number of applications
certified;</DELETED>
<DELETED> ``(B) the number of applications denied;
and</DELETED>
<DELETED> ``(C) the number of applications for which
a determination has not been made.</DELETED>
<DELETED> ``(2) The total dollar amount and total percentage
of prime contracts awarded to qualified HUBZone small business
concerns pursuant to this section.</DELETED>
<DELETED> ``(3) The total dollar amount and percent of sole
source contracts awarded to qualified HUBZone small business
concerns under subsection (c)(2)(A).</DELETED>
<DELETED> ``(4) With respect to an examination described in
subsection (d)(5)--</DELETED>
<DELETED> ``(A) the number of examinations due
because of recertification requirements and the actual
number of examinations conducted; and</DELETED>
<DELETED> ``(B) the number of examinations conducted
for any other reason.</DELETED>
<DELETED> ``(5) The number of HUBZone small business
concerns that were found to be ineligible to be awarded a
contract under this subsection as a result of an examination
conducted pursuant to subsection (d)(5) or a verification
conducted pursuant to subsection (d)(2).</DELETED>
<DELETED> ``(6) The number of small business concerns that
were decertified as qualified HUBZone small business
concerns.</DELETED>
<DELETED> ``(7) The number of qualified HUBZone small
business concerns.</DELETED>
<DELETED> ``(8) Any other information the Administrator
determines necessary.''.</DELETED>
<DELETED>SEC. 4. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY SERVICE-DISABLED VETERANS.</DELETED>
<DELETED> Section 36 of the Small Business Act (15 U.S.C. 657f) is
amended by adding at the end the following:</DELETED>
<DELETED> ``(j) Report.--Not later than May 1, 2024, and annually
thereafter, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on small business
concerns owned and controlled by service-disabled veterans, which shall
include, for the fiscal year preceding the date of the report, the
following:</DELETED>
<DELETED> ``(1) The total number of small business concerns
certified as small business concerns owned and controlled by
service-disabled veterans.</DELETED>
<DELETED> ``(2) The total dollar amount and total percentage
of prime contracts awarded to small business concerns owned and
controlled by service-disabled veterans pursuant to this
section.</DELETED>
<DELETED> ``(3) The total dollar amount and percent of sole
source contracts awarded to owned and controlled by service-
disabled veterans pursuant to subsection (c).</DELETED>
<DELETED> ``(4) With respect to an examination described in
subsection (h)(2)--</DELETED>
<DELETED> ``(A) the number of examinations due
because of recertification requirements and the actual
number of such examinations conducted; and</DELETED>
<DELETED> ``(B) the number of examinations conducted
for any other reason.</DELETED>
<DELETED> ``(5) The number of small business concerns owned
and controlled by service-disabled veterans that were found to
be ineligible to be awarded a contract under this subsection as
a result of an examination conducted pursuant to subsection
(h)(2).</DELETED>
<DELETED> ``(6) The number of small business concerns
decertified as small business concerns owned and controlled by
service-disabled veterans.</DELETED>
<DELETED> ``(7) The total number of small business concerns
owned and controlled by service-disabled veterans.</DELETED>
<DELETED> ``(8) Any other information the Administrator
determines necessary.''.</DELETED>
<DELETED>SEC. 5. COMPLIANCE WITH CUTGO.</DELETED>
<DELETED> No additional amounts are authorized to be appropriated to
carry out this Act or the amendments made by this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Contracting
Transparency Act of 2024''.
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:
``(9) Report.--Not later than 1 year after the date of
enactment of the Small Business Contracting Transparency Act of
2024, and annually thereafter, the Administrator shall submit
to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report on small business concerns owned and
controlled by women, which shall include, for the fiscal year
preceding the date of the report, the following:
``(A) The number of applications for certification
as a small business concern owned and controlled by
women that have sufficient information for the
Administrator to make a certification determination,
disaggregated by--
``(i) the number of applications certified;
``(ii) the number of applications denied;
and
``(iii) the number of applications for
which a determination has not been made.
``(B) The number of concerns certified as small
business concerns owned and controlled by women by a
national certifying entity approved by the
Administrator.
``(C) The amount of fees, if any, charged by each
national certifying entity for the certification
described in subparagraph (B).
``(D) 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).
``(E) The total dollar amount and total percentage
of prime contracts awarded to small business concerns
owned and controlled by women pursuant to paragraph (7)
or (8).
``(F) 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 the
Administrator to train the personnel of each
Federal agency described in clause (ii) on the
use of the authority provided under this
subsection.
``(G) 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 examinations conducted; and
``(ii) the number of examinations conducted
for any other reason.
``(H) 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 any successor
regulation.
``(I) The number of small business concerns owned
and controlled by women that were decertified.
``(J) The total number of small business concerns
owned and controlled by women.
``(K) Any other information the Administrator
determines necessary.''.
(b) Technical Amendment.--Section 8(m)(2)(C) of the Small Business
Act (15 U.S.C. 637(m)(2)(C)) is amended by striking ``paragraph (3)''
and inserting ``paragraph (4)''.
SEC. 3. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
QUALIFIED HUBZONE SMALL BUSINESS CONCERNS.
Section 31 of the Small Business Act (15 U.S.C. 657a) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Report.--Not later than 1 year after the date of enactment of
the Small Business Contracting Transparency Act of 2024, and annually
thereafter, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on HUBZone small
business concerns, which shall include, for the fiscal year preceding
the date of the report, the following:
``(1) The number of applications for certification as a
qualified HUBZone small business concern that have sufficient
information for the Administrator to make a certification
determination, disaggregated by--
``(A) the number of applications certified;
``(B) the number of applications denied; and
``(C) the number of applications for which a
determination has not been made.
``(2) The total dollar amount and total percentage of prime
contracts awarded to qualified HUBZone small business concerns
pursuant to this section.
``(3) The total dollar amount and percent of sole source
contracts awarded to qualified HUBZone small business concerns
under subsection (c)(2)(A).
``(4) With respect to an examination described in
subsection (d)(5)--
``(A) the number of examinations due because of
recertification requirements and the actual number of
examinations conducted; and
``(B) the number of examinations conducted for any