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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3772 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 406
118th CONGRESS
  2d Session
                                S. 3772

     To amend the Small Business Act to require that plain writing 
statements regarding the solicitation of subcontractors be included in 
         certain subcontracting plans, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             February 8 (legislative day, February 7), 2024

  Mr. Risch (for himself, Mr. Hickenlooper, Mr. Budd, Mr. Crapo, Mr. 
Kennedy, Mr. Rubio, and Mr. Young) introduced the following bill; which 
  was read twice and referred to the Committee on Small Business and 
                            Entrepreneurship

                              May 23, 2024

              Reported by Mrs. Shaheen, without amendment

_______________________________________________________________________

                                 A BILL

 
     To amend the Small Business Act to require that plain writing 
statements regarding the solicitation of subcontractors be included in 
         certain subcontracting plans, 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 ``Simplifying Subcontracting Act''.

SEC. 2. PLAIN WRITING APPLICATION REQUIREMENTS FOR SOLICITATION OF 
              SUBCONTRACTORS.

    (a) In General.--Section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) is amended--
            (1) in paragraph (6)--
                    (A) in subparagraph (H)(ii), by striking ``and'' at 
                the end;
                    (B) in subparagraph (I)(ii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(J) a representation that--
                    ``(i) the offeror or bidder will communicate all 
                solicitations of subcontracts in plain writing (as 
                defined in section 3 of the Plain Writing Act of 2010 
                (Public Law 111-274; 124 Stat. 2861)) so that the 
                solicitation is easily understood by small business 
                concerns seeking to obtain a subcontracting opportunity 
                from the offeror or bidder; and
                    ``(ii) the offeror or bidder will include the plain 
                writing requirement described in clause (i) in all 
                subcontracts that offer subcontracting 
                opportunities.''; and
            (2) by adding at the end the following:
            ``(18) Compliance with plain writing requirement.--If the 
        Administrator determines that a prime contractor failed to 
        communicate any solicitation of a subcontract in plain writing 
        in accordance with paragraph (6)(J), the prime contractor shall 
        communicate a new solicitation of the subcontract in plain 
        writing not later than 30 days after the date on which the 
        Administrator made that determination.''.
    (b) Rulemaking.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Small Business Administration 
shall promulgate regulations to carry out paragraphs (6)(J) and (18) of 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)), as added by 
subsection (a).
                                                       Calendar No. 406

118th CONGRESS

  2d Session

                                S. 3772

_______________________________________________________________________

                                 A BILL

     To amend the Small Business Act to require that plain writing 
statements regarding the solicitation of subcontractors be included in 
         certain subcontracting plans, and for other purposes.

_______________________________________________________________________

                              May 23, 2024

                       Reported without amendment
```