[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2232 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2232

To amend the Small Business Act to permit prime contractors covered by 
 a subcontracting plan pertaining to a single contract with a Federal 
 agency to receive credit against such a plan for using small business 
 subcontractors at any level of subcontracting, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2013

     Mr. Graves of Missouri (for himself, Mr. Hanna, Mr. Peters of 
  California, Mr. Hunter, and Mr. Collins of New York) introduced the 
 following bill; which was referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
To amend the Small Business Act to permit prime contractors covered by 
 a subcontracting plan pertaining to a single contract with a Federal 
 agency to receive credit against such a plan for using small business 
 subcontractors at any level of subcontracting, and for other purposes.

    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 ``Make Every Small Business Count Act 
of 2013''.

SEC. 2. CREDIT FOR CERTAIN SUBCONTRACTORS.

    (a) In General.--Section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) is amended by adding at the end the following:
            ``(16) Credit for certain subcontractor.--For purposes of 
        determining whether or not a prime contractor has attained the 
        percentage goals specified in paragraph (6)--
                    ``(A) if the subcontracting goals pertain only to a 
                single contract with the executive agency, the prime 
                contractor shall receive credit for small business 
                concerns performing as first tier subcontractors or 
                subcontractors at any tier pursuant to the 
                subcontracting plans required under paragraph (6)(D) in 
                an amount equal to the dollar value of work awarded to 
                such small business concerns; and
                    ``(B) if the subcontracting goals pertain to more 
                than one contract with one or more executive agencies, 
                or to one contract with more than one executive agency, 
                the prime contractor may only count first tier 
                subcontractors that are small business concerns.''.
    (b) Definitions Pertaining to Subcontracting.--Section 3 of the 
Small Business Act (15 U.S.C. 632) is amended by adding at the end the 
following:
    ``(dd) Definitions Pertaining to Subcontracting.--In this Act:
            ``(1) Subcontract.--The term `subcontract' means a legally 
        binding agreement between a contractor that is already under 
        contract to another party to perform work, and a third party, 
        hereinafter referred to as the subcontractor, for the 
        subcontractor to perform a part, or all, of the work that the 
        contractor has undertaken.
            ``(2) First tier subcontractor.--The term `first tier 
        subcontractor' means a subcontractor who has a subcontract 
        directly with the prime contractor.
            ``(3) At any tier.--The term `at any tier' means any 
        subcontractor other than a subcontractor who is a first tier 
        subcontractor.''.

SEC. 3. GAO STUDY.

    Not later than 365 days after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Small Business of the House of Representatives and to the 
Committee on Small Business and Entrepreneurship of the Senate a report 
studying the feasibility of using Federal subcontracting reporting 
systems, including the Federal subaward reporting system required by 
section 2 of the Federal Funding Accountability and Transparency Act of 
2006 and any electronic subcontracting reporting award system used by 
the Small Business Administration, to attribute subcontractors to 
particular contracts in the case of contractors that have 
subcontracting plans under section 8(d) of the Small Business Act that 
pertain to multiple contracts with executive agencies.
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