[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 
                other reason.
            ``(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).
            ``(6) The number of small business concerns that were 
        decertified as qualified HUBZone small business concerns.
            ``(7) The number of qualified HUBZone small business 
        concerns.
            ``(8) Any other information the Administrator determines 
        necessary.''.

SEC. 4. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY 
              SERVICE-DISABLED VETERANS.

    Section 36 of the Small Business Act (15 U.S.C. 657f) is amended by 
adding at the end the following:
    ``(j) 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 service-disabled veterans, which shall 
include, for the fiscal year preceding the date of the report, the 
following:
            ``(1) The total number of small business concerns certified 
        as small business concerns owned and controlled by service-
        disabled veterans.
            ``(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.
            ``(3) The total dollar amount and percent of sole source 
        contracts awarded to small business concerns owned and 
        controlled by service-disabled veterans pursuant to subsection 
        (c).
            ``(4) With respect to an examination described in 
        subsection (h)(2)--
                    ``(A) the number of examinations due because of 
                recertification requirements and the actual number of 
                such examinations conducted; and
                    ``(B) the number of examinations conducted for any 
                other reason.
            ``(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).
            ``(6) The number of small business concerns decertified as 
        small business concerns owned and controlled by service-
        disabled veterans.
            ``(7) The total number of small business concerns owned and 
        controlled by service-disabled veterans.
            ``(8) Any other information the Administrator determines 
        necessary.''.

SEC. 5. COMPLIANCE WITH CUTGO.

    No additional amounts are authorized to be appropriated to carry 
out this Act or the amendments made by this Act.
                                                       Calendar No. 407

118th CONGRESS

  2d Session

                                S. 3971

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 23, 2024

                       Reported with an amendment