Overview

Title

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.

ELI5 AI

The bill is like asking for a detailed report to help understand how small businesses owned by women, veterans, and those in special areas get contracts; it wants them to share more information with Congress without giving extra money to do so, which might make it harder to gather all the details.

Summary AI

The bill, S. 3971, aims to update the Small Business Act by requiring more detailed reporting about small businesses owned by women, those located in HUBZones (historically underutilized business zones), and those owned by veterans. It mandates the submission of annual reports to Congress, detailing application status, contract awards, and recertification examinations for these types of small businesses. The goal is to increase transparency and ensure proper oversight of small business certifications and contracting. The bill also specifies that no additional funds will be authorized for implementing these changes.

Published

2024-03-19
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-03-19
Package ID: BILLS-118s3971is

Bill Statistics

Size

Sections:
5
Words:
1,654
Pages:
9
Sentences:
35

Language

Nouns: 444
Verbs: 154
Adjectives: 110
Adverbs: 13
Numbers: 58
Entities: 69

Complexity

Average Token Length:
4.33
Average Sentence Length:
47.26
Token Entropy:
4.71
Readability (ARI):
25.99

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the β€œSmall Business Contracting Transparency Act of 2024,” aims to amend the Small Business Act by introducing new reporting requirements. Specifically, it mandates the submission of annual reports to Congress on small businesses owned and controlled by women, those qualifying as HUBZone businesses, and businesses owned by service-disabled veterans. These reports are designed to provide detailed insights into the number of applications and certifications, contract awards, and various examination processes associated with these businesses.

Summary of Significant Issues

A principal issue highlighted in the commentary is the potential burden placed on administrators due to the extensive data collection required by these provisions, particularly concerning women's small business concerns. The requirement to provide numerous data points might strain resources and affect the efficiency and accuracy of the reporting process. Additionally, the broad language that allows the inclusion of "any other information" deemed necessary by the administrator could lead to inconsistent reporting each year.

Furthermore, the bill does not clearly outline the procedures for handling cases where businesses are found ineligible or are decertified, raising questions about the potential legal and administrative challenges that could arise. There is also a lack of specified budgetary support, suggesting that existing resources might be stretched thin, potentially hindering the effective implementation of the Act.

Impact on the Public and Stakeholders

Broadly, the public might benefit from increased transparency and accountability regarding government contracts awarded to small businesses, which could lead to more equitable economic opportunities. By requiring detailed reporting, the bill aims to ensure that small businesses, especially those owned by women, veterans, and those in underserved zones, have fair access to government contracts.

For entrepreneurs and small business owners in these specific categories, the bill could foster a more transparent environment, possibly providing them with better insights into their eligibility and the performance of their applications. As a positive outcome, the increased focus on these groups might lead to enhanced support and improved policy measures, addressing any underrepresentation.

Conversely, the bill's implementation could negatively impact these stakeholders by introducing additional layers of bureaucracy. If not managed well, the increased administrative load could slow down the certification process, making it more challenging for small businesses to secure the necessary recognition and contracts. The absence of additional funding to accompany these new requirements may exacerbate these issues.

Conclusion

Overall, while the bill's intention to enhance transparency and support for certain categories of small businesses is commendable, the execution of these measures requires careful consideration. Addressing the operational burdens, ensuring consistency in reporting, and securing adequate funding are crucial to maximizing the bill's benefits and minimizing any negative repercussions for small businesses and government agencies alike.

Financial Assessment

The bill titled S. 3971 introduces a requirement for annual reporting on various types of small businesses, specifically those owned by women, those in HUBZones, and those owned by veterans. This commentary focuses on the financial aspects of the bill based on the text provided.

Financial References and Implications

Reporting on Contract Awards

In Section 2 of the bill, there is a requirement for reporting on the total dollar amount and total percentage of prime contracts awarded to small business concerns owned and controlled by women. Similar requirements are outlined in Sections 3 and 4 for HUBZone businesses and service-disabled veteran-owned businesses respectively. This involves obtaining detailed financial data on how federal contracts are distributed among these categories, indicating a focus on ensuring that these businesses are getting a fair share of government contracts.

Compliance with CUTGO

Section 5 of the bill states that there are to be no additional amounts authorized to be appropriated to carry out the Act or the amendments made by it. This implies that the existing resources and budgets of the agencies involved will have to be used to implement the changes mandated by the bill. The lack of earmarked funding could significantly strain existing resources, particularly if they were already optimized for their current obligations without the added responsibilities proposed in the bill.

Issues Relating to Financial References

Operational Burden

The detailed reporting requirements in Section 2 may pose a significant operational and financial burden on the Administrator and relevant agencies. The need to produce comprehensive data without additional funding, as mentioned in Section 5, means that administrators must stretch current budgets, potentially impacting their operational efficiency. This burden could lead to challenges in accurately collecting and verifying the necessary financial details, potentially affecting the reliability of the reports.

Broad Language and Reporting Challenges

The open-ended nature of the language in Section 2, paragraph K, which asks for "any other information the Administrator determines necessary," could lead to inconsistencies in data collection and reporting. This broad mandate, combined with no additional funding, might result in varied interpretations and an inconsistent application of what financial data is required, leading to possible discrepancies in transparency and oversight.

Lack of Funding for Implementation

Without specified additional financial resources, the implementation of the Act could face hurdles, as highlighted in Section 5. The absence of new appropriations could mean that the agencies responsible for executing these new reporting requirements and overseeing compliance might not have the necessary capacity, thus impacting the desired oversight and transparency goals of the bill.

Conclusion

The financial elements in the bill imply a robust mechanism for tracking the distribution of federal contracts among women-owned, HUBZone, and veteran-owned small businesses. However, the lack of authorized additional funding presents a significant challenge. The existing resources need to be managed effectively to accommodate the new requirements, which could strain agencies and affect the overall efficiency and accuracy of the financial data being collected and reported.

Issues

  • The comprehensive data collection mandated annually in Section 2 ('Report on small business concerns owned and controlled by women') may place a significant operational and financial burden on the Administrator and relevant agencies, possibly impacting the efficiency and accuracy of the reporting process.

  • Section 2 requires detailed reporting and includes broad language, particularly in paragraph K ('any other information the Administrator determines necessary'), which may result in inconsistent and potentially biased reporting due to its open-ended nature.

  • Sections 2, 3, and 4 outline the need for rigorous examinations and certifications of small business concerns but lack provisions for addressing situations where businesses are found to be ineligible or decertified, raising concerns about potential legal and administrative challenges.

  • The bill as described in Section 5 ('Compliance with CUTGO') does not authorize additional funding. Without specifying budget sources, this could result in insufficient resources for implementing the Act, affecting its intended impact on small businesses.

  • The implications for service-disabled veteran-owned small businesses in Section 4 are unclear due to missing information ('owned and controlled by service-disabled veterans' in subsection (3)), which complicates understanding of contract awards or certifications.

  • Sections 3 and 4 use complex language and lack specificity regarding the metrics and thresholds for certifying HUBZone and service-disabled veteran-owned small business concerns, which may lead to different interpretations and hinder the eligibility determination process.

  • The lack of accountability measures or outlined corrective actions in Section 2 for improperly awarded contracts indicates potential inefficiencies in preventing repeated errors, which can undermine the program's effectiveness and fairness.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this act states that it will be officially known as the "Small Business Contracting Transparency Act of 2024".

2. Report on small business concerns owned and controlled by women Read Opens in new tab

Summary AI

The section requires the Administrator to submit an annual report by May 1, detailing various statistics and information regarding small businesses owned and controlled by women. This includes the number of applications and certifications, the fees charged for certification, the dollar amounts and percentages of contracts awarded, examination results, and any other relevant details as deemed necessary by the Administrator.

Money References

  • β€œ(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).
  • β€œ(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).

3. Report on small business concerns owned and controlled by qualified HUBZone small business concerns Read Opens in new tab

Summary AI

The section amends the Small Business Act to require the Administrator to submit an annual report to Congress by May 1st about HUBZone small business concerns. The report must detail the number of applications for HUBZone certification, the dollar amount and percentage of contracts awarded, examination activities, and any other relevant information.

Money References

  • Section 31 of the Small Business Act (15 U.S.C. 657a) is amendedβ€” (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: β€œ(f) Report.β€”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: β€œ(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 byβ€” β€œ(A) the number of applications certified; β€œ(B) the number of applications denied; and β€œ(C) the number of applications for which a determination has not been made. β€œ(2) The total dollar amount and total percentage of prime contracts awarded to qualified HUBZone small business concerns pursuant to this section.
  • β€œ(3) The total dollar amount and percent of sole source contracts awarded to qualified HUBZone small business concerns under subsection (c)(2)(A).

4. Report on small business concerns owned and controlled by service-disabled veterans Read Opens in new tab

Summary AI

The text amends the Small Business Act to require an annual report by May 1st on small businesses owned by service-disabled veterans. The report must include the number of such businesses, details on contracts awarded to them, results of examinations for eligibility, and any other relevant data.

Money References

  • β€œ(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.
  • β€œ(3) The total dollar amount and percent of sole source contracts awarded to owned and controlled by service-disabled veterans pursuant to subsection (c).

5. Compliance with CUTGO Read Opens in new tab

Summary AI

The section states that no extra money will be approved for spending to implement the Act or its changes.