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 wants the government to keep better track of how many small businesses owned by women, veterans, and those in special areas get contracts. It asks for detailed reports every year but doesn't give any extra money to do this, meaning they'll have to use what they already have to make it work.
Summary AI
S. 3971 aims to amend the Small Business Act to enhance reporting requirements regarding small businesses owned by women, qualified HUBZone businesses, and those owned by service-disabled veterans. The bill requires annual reports to Congress detailing the number of these businesses, the contracts awarded to them, and any certifications or decertifications. It emphasizes transparency in government contracts with these groups without allocating additional government funds to implement the provisions.
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AnalysisAI
The bill titled the "Small Business Contracting Transparency Act of 2024" aims to amend the Small Business Act to improve the transparency of contracting with small businesses owned by women, veterans, and those in HUBZones. Specifically, it mandates annual reports from the Administrator to Congress, providing detailed data on applications, certifications, contracts awarded, and examinations of these businesses.
General Summary of the Bill
The proposed legislation seeks to enhance transparency in the awarding of federal contracts by requiring a comprehensive annual report by May 1 each year. This report will detail various facets of the certification and contracting process for small businesses owned by women, those in HUBZones, and those owned by veterans, particularly those who are service-disabled.
Significant Issues
Several issues arise from the bill's requirements. Firstly, the broad language calling for reports on 'any other information the Administrator determines necessary' allows for variability in reporting, potentially leading to inconsistent data year over year. This vagueness could make accountability difficult and skew comparisons over time.
Secondly, the requirement for annual reporting could impose significant administrative burdens and costs, raising concerns about the efficiency and practicality of these efforts without designated additional funding. Moreover, the bill does not provide clear guidelines for what consequences should follow for businesses found to be ineligible after examinations. This lack of clarity could leave room for procedural uncertainty and uneven enforcement of rules.
Lastly, the complex and legalistic language may prove challenging for stakeholders, especially small business owners and federal agency personnel involved in the contract-awarding process, who may not be familiar with bureaucratic terminology.
Impact on the Public
Broadly, the bill aims to improve how federal contracts are awarded to small businesses, focusing on fairness and representation for businesses owned by women, HUBZone-designated areas, and service-disabled veterans. If implemented effectively, the enhanced transparency may ensure that contracts are awarded to eligible and deserving businesses, potentially stimulating economic growth and diversity in federal procurement.
Impact on Specific Stakeholders
For small business owners, particularly those from the targeted groups, increased transparency could open up more opportunities by ensuring a clearer and more defined process of certification and contract awarding. However, these stakeholders might face challenges such as additional administrative requirements and unclear reporting.
Federal agencies might encounter increased workloads to comply with the new reporting requirements. There could also be significant demands for training to meet the new compliance standards, which could impact existing resources and budgets.
For policymakers, the bill provides a framework to ensure accountability and transparency in small business contracting. However, success hinges on the ability to implement these changes without additional funding, as stated in the Compliance with CUTGO section, highlighting a potential challenge.
In conclusion, while the Small Business Contracting Transparency Act of 2024 poses aspirations of increased transparency and fairness, it also presents challenges in execution, resource allocation, and clarity that must be addressed to achieve its stated goals.
Financial Assessment
The Small Business Contracting Transparency Act of 2024 does not explicitly allocate or authorize additional funds. Instead, it focuses on the adjustment and enhancement of reporting requirements regarding the awarding of contracts to small businesses owned by women, qualified HUBZone businesses, and those owned by service-disabled veterans. This approach relies heavily on existing resources and administration capabilities within the relevant governmental agencies.
Financial Implications and Compliance with CUTGO
A significant aspect of this bill is its stance on financial management, where no additional amounts are authorized to be appropriated to carry out the bill's requirements or the amendments proposed. This directive aligns with Section 5, titled "Compliance with CUTGO," indicating that the Act must adhere to the statutory requirements of the Cut-As-You-Go (CUTGO) rule, which mandates that new ongoing spending must be offset by equivalent spending cuts elsewhere. However, the bill does not specify where existing funds or resources will be reallocated from, raising practical concerns about how these new reporting requirements will be met within current budgetary constraints.
Administrative and Reporting Costs
The bill requires the annual submission of detailed reports that encompass diverse and intricate data points, such as the total dollar amount and total percentage of prime contracts awarded to the specified small business categories. Such comprehensive reporting inherently involves significant administrative work, including data collection, verification, and analysis. Although the bill mandates this without authorizing new spending, the substantial efforts needed could imply significant hidden costs. These expenses may burden the responsible agencies, potentially requiring them to divert resources from other areas.
Issues of Vagueness and Administrative Discretion
Another financial consideration relates to the bill's language that allows the Administrator to include "any other information the Administrator determines necessary" in the reports. This open-ended requirement could lead to arbitrary or inconsistent data collection efforts, increasing the variability and potentially the cost associated with compliance. Without clear parameters, the extent of the financial and resource investment required by different agencies remains uncertain, which complicates the budgeting and execution processes.
Indirect Costs and Implications
Lastly, there are indirect financial implications surrounding the need for personnel training and adjustments in systems to manage the newly required data. As the bill requires federal agencies to issue reports with potentially new categories of data, existing IT systems might need upgrades, and personnel could require additional training to manage these tasks effectively. Although not directly stated, these adjustments carry inherent costs that could impact the agencies’ financial operations.
In summary, while the Small Business Contracting Transparency Act of 2024 does not directly authorize new spending, the extensive and detailed reporting requirements could have indirect financial implications due to administrative adjustments and reallocations of current resources. This aspect, coupled with the lack of specificity in the "Compliance with CUTGO" section, leaves important questions about financial feasibility and administrative burden unanswered.
Issues
The requirement for annual reporting across various sections (Sections 2, 3, and 4) involves significant administrative efforts and may lead to substantial costs associated with data collection, verification, and analysis, raising concerns about the efficiency and financial impact of the bill.
The bill's broad language, specifically the provision for 'any other information the Administrator determines necessary' in Sections 2, 3, and 4, is vague, creating potential for arbitrary, inconsistent, or excessive reporting requirements, which may undermine the clarity and predictability of the process.
Section 5 on 'Compliance with CUTGO' lacks specific guidance on resource allocation and does not specify where existing budget reallocations will occur, leading to concerns about the practicality and transparency of implementing the Act without additional authorized funds.
Sections 2, 3, and 4 fail to clearly outline consequences for small businesses found to be ineligible or decertified after examinations, which poses accountability issues and raises ethical concerns about fairness and transparency in certification processes.
The complexity and intricacy of the legalistic language in Sections 2, 3, and 4 may be difficult for stakeholders, particularly small business owners and personnel involved in contract awarding, to fully comprehend, potentially limiting the efficacy and understanding of the new reporting requirements.
Section 2's extensive data collection and breakdown by various categories may impose additional burdens on the Administrator and raise privacy concerns, given the level of detail required in the reports.
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
- “(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).
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 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. 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
- “(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).
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.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act states that the official name of the legislation is 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 a yearly report to Congress about small businesses owned and controlled by women. The report should cover various details, such as the number of applications for certification, contracts awarded, fees charged by certifiers, and any steps taken to correct improperly awarded contracts.
Money References
- “(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).
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 produce an annual report for Congress about small businesses in HUBZones. This report will cover topics like the number of HUBZone applications, the amount of contracts awarded to these businesses, and the status of their certifications and examinations.
Money References
- 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. Report on small business concerns owned and controlled by service-disabled veterans Read Opens in new tab
Summary AI
The section outlines a requirement for the Administrator to submit an annual report to Congress about small businesses owned by service-disabled veterans. This report must include numbers and statistics on the certification, contracts, examinations, and eligibility of these businesses.
Money References
- 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).
5. Compliance with CUTGO Read Opens in new tab
Summary AI
The section states that no extra money is approved to be spent to implement this Act or the changes it makes.