,i #aacth ,,congress #ast ,session ,h4 ,r4 #afbb ,,in ,,the ,,house ,,of ,,representatives ,april #ah1 #bjac ,mr4 ,johnson of ,georgia 7for himself1 ,ms4 ,norton1 ,mr4 ,rush1 ,mr4 ,conyers1 ,ms4 ,wilson of ,florida1 ,mr4 ,grijalva1 ,ms4 ,chu1 ,mr4 ,clay1 ,ms4 ,bordallo1 ,ms4 ,kaptur1 ,ms4 ,brown of ,florida1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,danny ,k4 ,davis of ,illinois1 and ,mr4 ,mc,dermott7 introduced the following bill2 which was referred to the ,committee on ,small ,business1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,small ,business ,act to ensure fairness and transparency in contracting with small business concerns4 #a4 ,short title ,this ,act may be cited as the ,fairness and ,transparency in ,contracting ,act of #bjac 4 #b4 ,definitions ,in this ,act-- 7#a7 the terms ,administration and ,administrator mean the ,small ,business ,administration and the ,administrator thereof1 respectively2 7#b7 the term parent company1 relating to a business concern1 means a person other than an individual that owns not less than #ea percent of that business concern2 7#c7 the terms small business concern1 small business concern owned and controlled by veterans1 small business concern owned and controlled by service-disabled veterans1 and small business concern owned and controlled by women have the meanings given those terms in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb71 as amended by this ,act2 and 7#d7 the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given that term in section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c77;,c774 #c4 ,purpose ,the purpose of this ,act is to modify the definitions relating to whether a business concern qualifies as a small business concern to establish additional requirements that ensure that no publically traded business concern1 subsidiary of a publically traded business concern1 foreign-owned business concern1 or subsidiary of a foreign-owned business concern is considered a small business concern for the purpose of ,federal ,government contracting and subcontracting1 including for procurement goals4 #d4 ,definition of small business concern and status review ,section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77 is amended by adding at the end the following3 7#i7 ,independently owned and operated 7,a7 ,in general ,in this subsection1 the term independently owned and operated does not include a business concern-- 7i7 that is-- 7,i7 an issuer of a class of securities registered or that is required to be registered pursuant to section #ab of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghl7 or that is required to file reports pursuant to section #ae7;d7 of that ,act 7#ae ,u4,s4,c4 #gho7d772 or 7,,ii7 owned by an issuer of a class of securities registered or that is required to be registered pursuant to section #ab of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghl7 or that is required to file reports pursuant to section #ae7;d7 of that ,act 7#ae ,u4,s4,c4 #gho7d772 or 7ii7 more than #ej percent of which is owned1 directly or indirectly1 by one or more individuals that are not ,united ,states citizens4 7,b7 ,entities ,in determining ownership of a business concern1 any interest in the business concern that is owned by a person that is not an individual 7including a corporation1 partnership1 estate1 or trust7 shall be considered owned proportionately by or for the individuals that own that person4 4 #e4 ,notification 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,administrator shall notify the head of each ,federal department or agency regarding this ,act and the amendments made by this ,act4 7b7 ,to contractors ,not later than #f months after receiving notice under subsection 7a71 the head of a ,federal department or agency shall notify any contractor of that department or agency regarding this ,act and the amendments made by this ,act4 #f4 ,reporting 7a7 ,in general ,not later than #f months after the end of each fiscal year1 the ,administrator shall publish a report regarding prime contracts with the ,federal ,government awarded to business concerns that were identified as small business concerns for the purposes of achieving the small business contracting goals of the ,federal ,government during the previous fiscal year4 7b7 ,contents 7#a7 ,in general ,each report under subsection 7a7 shall1 for the fiscal year before the year in which that report is published1 include-- 7,a7 the name of each small business concern1 small business concern owned and controlled by socially and economically disadvantaged individuals1 small business concern owned and controlled by women1 small business concern owned and controlled by veterans1 and small business concern owned and controlled by service-disabled veterans that was awarded a prime contract with the ,federal ,government2 and 7,b7 for each small business concern described in subparagraph 7,a71 the total dollar amount of prime contracts with the ,federal ,government awarded to that small business concern in descending order4 7#b7 ,parent companies ,if a small business concern described in paragraph 7#a77;,a7 has a parent company1 the ,administrator shall report information relating to any prime contract with the ,federal government of that small business concern under the name of that parent company4 7c7 ,availability ,the ,administrator shall make each report under subsection 7a7 available on the website of the ,administration in a manner that is easily accessible by members of the public4 #g4 ,list of contractors 7a7 ,in general ,each ,federal department and agency shall publish on the website of that department or agency a list of each business concern that received a contract award because that business concern was identified as a small business concern4 7b7 ,list contents ,a list published under subsection 7a7 shall-- 7#a7 list business concerns in the order of the total amount in dollars of contracts between the ,federal ,government and that business concern1 beginning with the largest total value2 7#b7 include the total amount in dollars of contracts between the ,federal ,government and each business concern on such list2 and 7#c7 include the name of any parent company of a business concern on such list4 #h4 ,contracting databases ,the ,administrator shall1 by regulation1 establish procedures to ensure that the ,central ,contractor ,registration database and any successor database provide an adequate warning regarding criminal penalties established under section #af7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fde7;d77 for misrepresenting the status of a business concern or person in order to obtain certain contracts with the ,federal ,government4 #i4 ,enforcement 7a7 ,complaints 7#a7 ,in general ,any person may file a complaint with the ,administrator and the head of the affected department or agency about the classification of a business concern as a small business concern and the ,administrator and the head of the affected department or agency shall resolve any complaint filed under this paragraph in a timely manner4 7#b7 ,reports ,the ,administrator shall annually submit to ,congress a report describing any complaints described in paragraph 7#a7 that were filed during the relevant year and the resolution of any such complaint4 7b7 ,debarment ,the head of each ,federal department or agency shall issue or amend the contracting rules and regulations for that department or agency to ensure that a business concern shall be debarred from receiving a ,federal contract for a period of not less than #e years if that business concern-- 7#a7 fraudulently represents that it is a small business concern as part of a bid for a small business contract with that department or agency2 or 7#b7 violates this ,act or an amendment made by this ,act4