118 S3971 RS: Small Business Contracting Transparency Act of 2024 U.S. Senate 2024-05-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 407118th CONGRESS2d SessionS. 3971IN THE SENATE OF THE UNITED STATESMarch 19, 2024Mr. Coons (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipMay 23, 2024Reported by Mrs. Shaheen, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo 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.

1.

Short title

This Act may be cited as the Small Business Contracting Transparency Act of 2024.

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 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:(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 paragraphs (7) and (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 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 is amended by striking paragraph (3) and inserting paragraph (4).

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 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:(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..

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 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:(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 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..

5.

Compliance with CUTGO

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

1.

Short title

This Act may be cited as the Small Business Contracting Transparency Act of 2024.

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).

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..

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..

5.

Compliance with CUTGO

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

May 23, 2024Reported with an amendment