United States 118th Congress Status: In Committee 1 D cosponsors

S 3971 — Small Business Contracting Transparency Act of 2024

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 407.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

213 added · 31 removed

Plain-language change summary

The amendment makes several changes to the reporting requirements for small business concerns owned and controlled by women. It specifies that the report will include information on the number of applications for certification and which federal agencies have personnel trained to use this authority. This change is aimed at enhancing the transparency of the process and providing better oversight on the support given to women-owned small businesses.

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3971 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S.
3971 Reported in Senate (RS)] <DOC> Calendar No.
407 118th CONGRESS 2d Session S.
which was read twice and referred to the Committee on Small Business and Entrepreneurship _______________________________________________________________________ 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.
which was read twice and referred to the Committee on Small Business and Entrepreneurship May 23, 2024 Reported by Mrs.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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.
``(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:
``(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:
``(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).
``(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).
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.
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.
(b) Technical Amendment.--Section 8(m)(2)(C) of the Small Business Act is amended by striking ``paragraph (3)'' and inserting ``paragraph (4)''.
(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)''.
``(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:
``(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:
``(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:
``(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:
``(3) The total dollar amount and percent of sole source contracts awarded to owned and controlled by service-disabled veterans pursuant to subsection (c).
``(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).
<all>
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
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Sections of law this bill changes

3 sections in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Aid to small business · 15 U.S.C. ch. 14A 3 sections
  • § 637 Additional powers Amends

    15 U.S.C. § 637 — at 637(m) and 637(m)(2)(C)

    The law today

    (a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes (1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate— (A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagraph, a procurement officer’s adverse decision includes a decision not to make available for award pursuant to this subsection a particular procurement requirement or the failure to agree on the terms and conditions of a contract to be awarded noncompetitively under the authority of this subsection. Upon receipt of the notice of intent to appeal, the Secretary of the department or the agency head shall suspend further action regarding the procurement until a written decision on the Administrator’s request for reconsideration has been issued by such Secretary or agency head, unless such officer makes a written determination that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for a reconsideration of the adverse decision. If the Administrator’s request for reconsideration is denied, the Secretary of the department or agency head shall specify the reasons why the selected firm was determined to be incapable to perform the procurement requirement, and the findings supporting such determination, which shall be made a part of the contract file for the requirement. A contract may not be awarded under this subsection if the award of the contract would result in a cost to the awarding agency which exceeds a fair market price; (B) to arrange for the performance of such procurement contracts by negotiating or otherwise letting subcontracts to socially and economically disadvantaged small business concerns for construction work, services, or the manufacture, supply, assembly of such articles, equipment, supplies, materials, or parts thereof, or servicing or processing in connection therewith, or such management services as may be necessary to enable the Administration to perform such contracts; (C) to make an award to a small business concern owned and controlled by socially and economically disadvantaged individuals which has completed its period of Program Participation as prescribed by section 636(j)(15) of this title, if— (i) the contract will be awarded as a result of an offer (including price) submitted in response to a published solicitation relating to a competition conducted pursuant to subparagraph (D)...

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  • § 657a HUBZone program Amends

    15 U.S.C. § 657a

    The law today

    (a) In general There is established within the Administration a program (to be known as the HUBZone program) to be carried out by the Administrator to provide for Federal contracting assistance, including promoting economic development in economically distressed areas (as defined in section 636(m)(11)),1 to qualified HUBZone small business concerns in accordance with this section. (b) Definitions relating to HUBZones In this section: (1) Historically underutilized business zone The terms “historically underutilized business zone” or “HUBZone” mean any area located within 1 or more— (A) qualified census tracts; (B) qualified nonmetropolitan counties; (C) lands within the external boundaries of an Indian reservation; (D) redesignated areas; (E) base closure areas; (F) qualified disaster areas; or (G) a Governor-designated covered area. (2) HUBZone small business concern The term “HUBZone small business concern” means— (A) a small business concern that is at least 51 percent owned and controlled by United States citizens; (B) a small business concern that is— (i) an Alaska Native Corporation owned and controlled by Natives (as determined pursuant to section 1626(e)(1) of title 43); or (ii) a direct or indirect subsidiary corporation, joint venture, or partnership of an Alaska Native Corporation qualifying pursuant to section 1626(e)(1) of title 43, if that subsidiary, joint venture, or partnership is owned and controlled by Natives (as determined pursuant to section 1626(e)(2) of title 43); (C) a small business concern— (i) that is wholly owned by one or more Indian tribal governments, or by a corporation that is wholly owned by one or more Indian tribal governments; or (ii) that is owned in part by one or more Indian tribal governments, or by a corporation that is wholly owned by one or more Indian tribal governments, if all other owners are either United States citizens or small business concerns; (D) a small business concern— (i) that is wholly owned by one or more Native Hawaiian Organizations (as defined in section 637(a)(15) of this title), or by a corporation that is wholly owned by one or more Native Hawaiian Organizations; or (ii) that is owned in part by one or more Native Hawaiian Organizations, or by a corporation that is wholly owned by one or more Native Hawaiian Organizations, if all other owners are either United States citizens or small business concerns; (E) a small business concern that is— (i) wholly owned by a community development corporation that has received financial assistance under part 1 of subchapter A of the Community Economic Development Act of 1981 (42 U.S.C. 9805 et seq.); or (ii) owned in part by one or more community development corporations, if all other owners are either United States citizens or small business concerns; or (F) a small business concern that is— (i) a small agricultural cooperative organized or incorporated in the United States; (ii) wholly owned by 1 or more small agricultural cooperatives organized or incorporated in the United States; or (iii) owned in part by 1 or more small agricultural cooperatives organized or incorporated in the United States, if all owners are small business concerns or United States citizens. (3) Qualified areas (A) Qualified census tract (i) In general The term “qualified census tract” means a census tract that is covered by the definition of “qualified census tract” in section 42(d)(5)(B)(ii) of title 26 and that is reflected in an online tool prepared by the Administrator described under subsection (d)(7). (ii) Exception For any metropolitan statistical area in the Commonwealth of Puerto Rico, the term “qualified census tract” has the meaning given that term in section 42(d)(5)(B)(ii) of title 26 as applied without regard to subclause (II) of such section and that is reflected in the online tool described under clause (i), except that this clause shall only apply— (I) 10 years after the date that the Administrator implements this clause, or (II)...

    15 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 657f Procurement program for small business concerns owned and controlled by service-disabled veterans Amends

    15 U.S.C. § 657f

    The law today

    (a) Contracting officer defined For purposes of this section, the term “contracting officer” has the meaning given such term in section 2101 of title 41. (b) Certification of small business concerns owned and controlled by service-disabled veterans With respect to a procurement program or preference established under this chapter that applies to prime contractors, the Administrator shall— (1) certify the status of a concern as a small business concern owned and controlled by service-disabled veterans; and (2) require the periodic recertification of such status. (c) Sole source contracts In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if— (1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity; (2) the anticipated award price of the contract (including options) will not exceed— (A) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or (B) $3,000,000, in the case of any other contract opportunity; and (3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. (d) Restricted competition In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans certified under subsection (b) if the contracting officer has a reasonable expectation that not less than 2 small business concerns owned and controlled by service-disabled veterans will submit offers and that the award can be made at a fair market price. (e) Relationship to other contracting preferences A procurement may not be made from a source on the basis of a preference provided under subsection (a) or (b) if the procurement would otherwise be made from a different source under section 4124 or 4125 of title 18 or chapter 85 of title 41. (f) Database of veteran-owned businesses (1) Subject to paragraphs (2) through (6), the Administrator shall maintain a database of small business concerns owned and controlled by veterans, small business concerns owned and controlled by service-disabled veterans, and the veteran owners of such business concerns. (2) (A) To be eligible for inclusion in the database, such a veteran shall submit to the Administrator such information as the Administrator may require with respect to the small business concern or the veteran. Application for inclusion in the database shall constitute permission under section 552a of title 5 (commonly referred to as the Privacy Act) for the Administrator to obtain from the Secretary of Veterans Affairs such personal information maintained by the Secretary as may be necessary to verify the information contained in the application. (B) For purposes of this subsection— (i) the Secretary of Veterans Affairs shall— (I) verify an individual’s status as a veteran or a service-disabled veteran; and (II) establish a system to permit the Administrator to access, but not alter, the verification of such status; and (ii) the Administrator shall verify— (I) the status of a business concern as a small business concern; and (II) the ownership and control of such business concern. (C) The Administrator may not certify a concern under subsection (b) or section 657f–1 of this title if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I). (3) Information maintained in the database shall be submitted on a voluntary basis by a veteran described in paragraph (1). (4) The Administrator shall make the database available to all Federal departments and agencies and...

    16 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Action History

  1. Committee on Small Business and Entrepreneurship. Reported by Senator Shaheen with an amendment in the nature of a substitute. Without written report.

  2. Committee on Small Business and Entrepreneurship. Reported by Senator Shaheen with an amendment in the nature of a substitute. Without written report.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 407.

  4. Committee on Small Business and Entrepreneurship. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 118-383.

  6. Introduced in Senate

  7. Read twice and referred to the Committee on Small Business and Entrepreneurship.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors S 3971?
S 3971 is sponsored by Coons, Christopher A. (Democratic).
What is the current status of S 3971?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 3971?
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