Small Business Contracting Transparency Act of 2023
This bill requires the Small Business Administration to report additional information related to (1) small businesses owned and controlled by women, (2) qualified HUBZone small businesses, and (3) small businesses owned and controlled by service-disabled veterans.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4670 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4670
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 HOUSE OF REPRESENTATIVES
July 17, 2023
Ms. Houlahan (for herself, Mr. Stauber, and Ms. Scholten) introduced
the following bill; which was referred to the Committee on Small
Business
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Contracting
Transparency Act of 2023''.
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 new paragraph:
``(9) Report.--Not later than May 1, 2024, and annually
thereafter, the Administrator shall submit to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
a report on small business concerns owned and controlled by
women. Such report 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 such certification.
``(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 such Federal agency 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 such 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 a successor rule).
``(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)''.
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 adding at the end the following new subsection:
``(e) Report.--Not later than May 1, 2024, and annually thereafter,
the Administrator shall submit to the Committee on Small Business of
the House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report on HUBZone small business
concerns. Such report 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
such 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 new subsection:
``(j) Report.--Not later than May 1, 2024, and annually thereafter,
the Administrator shall submit to the Committee on Small Business of
the House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report on small business concerns
owned and controlled by service-disabled veterans. Such report 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.''.
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. Such Act and
amendments shall be carried out using amounts otherwise appropriated to
the Administrator of the Small Business Administration.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Small Business.
Ordered to be Reported by the Yeas and Nays: 26 - 0.
Committee Consideration and Mark-up Session Held
Reported by the Committee on Small Business. H. Rept. 118-179.
Reported by the Committee on Small Business. H. Rept. 118-179.
Placed on the Union Calendar, Calendar No. 143.
Mr. Williams (TX) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5914-5917)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4670.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5914-5915)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5914-5915)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.