DATE: February 18, 2004
FROM: Arthuretta H. Martin, Legislative Committee
SUBJECT: January/February Legislative Report
The following is the status of legislation before the 108th Congress affecting small businesses doing business with the Federal Government. This list includes bills that directly name small businesses as well as bills that affect Federal Procurement Policy. This report is submitted for information purposes only.
S.1680
Title: An original bill to reauthorize the Defense Production Act of
1950, and for other purposes.
Sponsor: Sen. Shelby, Richard C. [AL] (introduced 9/30/2003)
Cosponsors: (none)
Related Bills: H.R.1280
Latest Major Action: 12/19/2003 Became Public Law No: 108-195.
SEC. 6. REPORT ON
CONTRACTING WITH MINORITY- AND WOMEN-OWNED BUSINESSES.
(a) REPORT REQUIRED- Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the extent to which contracts entered into during the fiscal year ending before the end of such 1-year period under the Defense Production Act of 1950 have been contracts with minority- and women-owned businesses.
(b) CONTENTS OF REPORT- The report submitted under subsection (a) shall include the following:
(1) The types of goods and services obtained under contracts with minority- and women-owned businesses under the Defense Production Act of 1950 in the fiscal year covered in the report.
(2) The dollar amounts of such contracts.
(3) The ethnicity of the majority owners of such minority- and women-owned businesses.
(4) A description of the types of barriers in the contracting process, such as requirements for security clearances, that limit contracting opportunities for minority- and women-owned businesses, together with such recommendations for legislative or administrative action as the Secretary of Defense may determine to be appropriate for increasing opportunities for contracting with minority- and women-owned businesses and removing barriers to such increased participation.
(c) DEFINITIONS- For purposes of this section, the terms `women-owned business' and `minority-owned business' have the meanings given such terms in section 21A(r) of the Federal Home Loan Bank Act, and the term `minority' has the meaning given such term in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
H.R.2297
Title: To amend title 38, United States Code, to improve benefits under
laws administered by the Secretary of Veterans Affairs, and for other purposes.
Sponsor: Rep Smith, Christopher H. [NJ-4] (introduced 6/2/2003)
Cosponsors: 9
Related Bills: S.1132
Latest Major Action: 12/16/2003 Became Public Law No: 108-183.
(Sec. 308) Amends the Small
Business Act to authorize a Federal contracting officer to award a sole source
contract (limited to contracts of up to $5 million for manufacturing and $3
million for non-manufacturing) to small businesses owned and controlled by
service-disabled (qualified) veterans if: (1) the business is determined to be
responsible with respect to performance of the contract opportunity and the
contracting officer does not expect that two or more small businesses owned and
controlled by qualified veterans will submit offers; (2) the anticipated award
price of the contract will not exceed the sole source limit; and (3) the
contract award can be made at a fair and reasonable price. Allows a contracting
officer to restrict contract competition to qualified businesses if the officer
can reasonably expect at least two such businesses to submit offers. Prohibits
a procurement from being made on the basis of such authority if the procurement
would otherwise be made from a different source under provisions of either the
Federal criminal code governing Government procurement of prisoner products or
services or the Javits-Wagner-O'Day Act.
S.1895
Title: A bill to temporarily extend the programs under the Small
Business Act and the Small Business Investment Act of 1958 through March 15,
2004, and for other purposes.
Sponsor: Sen Snowe, Olympia J. [ME] (introduced 11/19/2003)
Cosponsors: 1
Latest Major Action: 12/6/2003 Became Public Law No: 108-172.
108th CONGRESS
1st Session
S. 1895
AN ACT
To temporarily extend the
programs under the Small Business Act and the Small Business Investment Act of
1958 through March 15, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) IN GENERAL- Any program, authority, or provision, including any pilot program, authorized under the Small Business Act (15 U.S.C. 631 et seq.) or the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) as of September 30, 2003, that is scheduled to expire on or after September 30, 2003 and before March 15, 2004, shall remain authorized through March 15, 2004, under the same terms and conditions in effect on September 30, 2003.
(b) EXCEPTION- Notwithstanding subsection (a), section 303(g)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(g)(2)) is amended by striking `1.38 percent' and inserting `1.46 percent'.
Passed
the Senate November 19, 2003.
Attest:
Secretary.
S.1680
Title: An original bill to reauthorize the Defense Production Act of
1950, and for other purposes.
Sponsor: Sen Shelby, Richard C. [AL] (introduced 9/30/2003)
Cosponsors: (none)
Related Bills: H.R.1280
Latest Major Action: 12/19/2003 Became Public Law No: 108-195.
Defense Production Act Reauthorization of 2003 (Referred
to House Committee after being Received from Senate)
108th CONGRESS
1st Session
S. 1680
IN THE HOUSE OF
REPRESENTATIVES
Referred
to the Committee on Financial Services
AN ACT
To
reauthorize the Defense Production Act of 1950, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Defense Production Act Reauthorization of 2003'.
(a) IN GENERAL- The 1st sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended--
(1) by striking `sections 708' and inserting `sections 707, 708,'; and
(2) by striking `September 30, 2003' and inserting `September 30, 2004'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking `through 2003' and inserting `through 2004'.
(a) IN GENERAL- Notwithstanding the limitation contained in section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), the President may take actions under section 303 of the Defense Production Act of 1950 to correct the industrial resource shortfall for radiation-hardened electronics, to the extent that such Presidential actions do not cause the aggregate outstanding amount of all such actions to exceed $200,000,000.
(b) REPORT BY THE SECRETARY- Before the end of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing--
(1) the current state of the domestic industrial base for radiation-hardened electronics;
(2) the projected requirements of the Department of Defense for radiation-hardened electronics;
(3) the intentions of the Department of Defense for the industrial base for radiation-hardened electronics; and
(4) the plans of the Department of Defense for use of providers of radiation-hardened electronics beyond the providers with which the Department had entered into contractual arrangements under the authority of the Defense Production Act of 1950, as of the date of the enactment of this Act.
Subsection (a) of section 705 of the Defense Production Act of 1950 (50 U.S.C. App. 2155(a)) is amended by inserting after the end of the 1st sentence the following new sentence: `The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense.'.
Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended--
(1) by redesignating paragraphs (3) through (17) as paragraphs (4) through (18), respectively;
(2) by inserting after paragraph (2) the following new paragraph:
`(3) CRITICAL INFRASTRUCTURE- The term `critical infrastructure' means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.'; and
(3) in paragraph (14) (as so redesignated by paragraph (1) of this section), by inserting `and critical infrastructure protection and restoration' before the period at the end of the last sentence.
(a) REPORT REQUIRED- Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the extent to which contracts entered into during the fiscal year ending before the end of such 1-year period under the Defense Production Act of 1950 have been contracts with minority- and women-owned businesses.
(b) CONTENTS OF REPORT- The report submitted under subsection (a) shall include the following:
(1) The types of goods and services obtained under contracts with minority- and women-owned businesses under the Defense Production Act of 1950 in the fiscal year covered in the report.
(2) The dollar amounts of such contracts.
(3) The ethnicity of the majority owners of such minority- and women-owned businesses.
(4) A description of the types of barriers in the contracting process, such as requirements for security clearances, that limit contracting opportunities for minority- and women-owned businesses, together with such recommendations for legislative or administrative action as the Secretary of Defense may determine to be appropriate for increasing opportunities for contracting with minority- and women-owned businesses and removing barriers to such increased participation.
(c) DEFINITIONS- For purposes of this section, the terms `women-owned business’ and `minority-owned business’ have the meanings given such terms in section 21A(r) of the Federal Home Loan Bank Act, and the term `minority' has the meaning given such term in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Passed
the Senate September 30 (legislative day, September 29), 2003.
Attest:
EMILY
J. REYNOLDS,
Secretary.
H.R.1588 (SARA) Services Acquisition Reform
Act
Title: To authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other purposes.
Sponsor: Rep Hunter, Duncan [CA-52] (by request) (introduced 4/3/2003)
Cosponsors: 1
Related Bills: H.RES.245, H.RES.247, H.RES.437, H.R.2004, S.747, S.1047, S.1048, S.1049, S.1050
Latest Major Action: 11/24/2003 Became Public Law No: 108-136.
Title XIV: Services
Acquisition Reform - Services
Acquisition Reform Act of 2003 - Subtitle A: Acquisition Workforce and
Training - (Sec. 1411) Amends the Office of Federal Procurement Policy Act
to add a definition of "acquisition" for purposes of such Act.
(Sec. 1412) Directs the
Administrator of General Services to establish an acquisition workforce training
fund to support training of acquisition workforce personnel of agencies other
than DOD. Provides for credits to the fund from a percentage of fees collected
under specified Government contracts. Terminates such authority five years
after the enactment of this Act.
(Sec. 1413) Authorizes the head
of any Federal department or agency ( other than the Secretary) to determine
that certain Federal acquisition positions are "shortage category"
positions in order to recruit and appoint highly qualified persons thereto.
Terminates such authority at the end of FY 2007. Requires an implementation
report from the Administrator for Federal Procurement Policy (FPP) to Congress.
(Sec. 1414) Requires the FPP
Administrator to develop and implement a plan to ensure that the Federal
Government maintains the necessary architectural and engineering acquisition
workforce.
Subtitle B: Adaptation of
Business Acquisition Practices - Part I: Adaptation of Business Management
Practices - (Sec. 1421)
Requires the head of certain agencies with acquisition responsibilities, other
than DOD, to appoint or designate a non-career employee as Chief Acquisition
Officer for that agency, with the primary duty of acquisition management. Sets
forth related functions. Requires each agency to designate a senior procurement
executive.
(Sec. 1422) Amends the Office of
Federal Procurement Policy Act to establish in the executive branch a Chief
Acquisition Officers Council as the principal interagency forum for monitoring
and improving the Federal acquisition system.
(Sec. 1423) Directs the FPP
Administrator to establish an advisory panel to: (1) review laws and
regulations regarding the use of commercial practices, performance-based
contracting, performance of acquisition functions across agency lines of
responsibility, and the use of Government-wide contracts; and (2) report to the
FPP Administrator and specified congressional committees their findings,
conclusions, and recommendations.
Part II: Other Acquisition
Improvements - (Sec.
1426) Amends the Federal Financial Management Act of 1994 to extend until
December 31, 2004, the authority to carry out franchise fund programs in
executive agencies.
(Sec. 1427) Increases from
$85,000 to $300,000 the threshold for contracts for architectural and engineering
services and construction design in connection with a military construction or
family housing project. Places specified conditions on architectural and
engineering services offered under multiple-award schedule contracts or
Government-wide task and delivery order contracts.
(Sec. 1428) Requires the Federal
Acquisition Regulatory Council to amend the Federal Acquisition Regulation to
permit telecommuting by employees of Federal contractors.
Subtitle C: Acquisitions of
Commercial Items - (Sec.
1431) Provides standards under which a Federal performance-based contract or
task order for the procurement of services may be treated as a contract for the
procurement of commercial items. Requires a report from the OMB Director to
specified congressional committees describing the contracts that were so
treated using such authority. Terminates such authority ten years after the
enactment of this Act.
Directs the FPP Administrator to
establish a center of excellence in contracting for services to identify and serve
as a clearinghouse for best practices in contracting for services in the public
and private sectors.
(Sec. 1432) Authorizes under the
Federal Acquisition Streamlining Act of 1994 a time and materials contract or a
labor-hour contract for the performance of commercial services commonly sold to
the general public..
Subtitle D: Other Matters - (Sec. 1441) Authorizes the head of an
agency who engages in basic, applied, and advanced research, as well as
development projects that have the potential to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical, or radiological
attack, to exercise the same authority of the Secretary to enter into
transactions other than contracts and grants in furtherance of such research
and development, including carrying out prototype projects. Requires: (1) OMB
authorization prior to agency exercise of such authority; and (2) an annual
report from any agency exercising such authority to specified congressional
committees. Terminates such authority at the end of FY 2008.
(Sec. 1442) Requires the head of
any agency that enters into a contract for the repair, maintenance, or
construction of infrastructure in Iraq without full and open competition to
publish notice of such contract to the public, as well as related information.
Makes such requirement inapplicable to contracts entered into after FY 2005.
Allows the withholding of classified information regarding such contracts (but
requires the classified information to be made available to specified congressional
committees).
(Sec. 1443) Amends the Office of
Federal Procurement Policy Act to authorize special emergency procurement
authority with respect to the procurement of property or services that are to
be used: (1) in support of a contingency operation; or (2) to facilitate
defense against or recovery from nuclear, biological, chemical, or radiological
attack. Increases, with respect to procurements for such purpose: (1) the
procurement thresholds; and (2) maximum dollar limits while still retaining the
use of simplified acquisition procedures. Allows the head of an agency
exercising such emergency authority to treat such property or service as a
commercial item for purposes of carrying out such procurement.
H.R.2374
Title: To amend the Small Business Act to allow more joint ventures,
leader-follow arrangements, and teaming arrangements under the section 8(a)
minority business development program.
Sponsor: Rep Millender-McDonald, Juanita [CA-37] (introduced 6/5/2003)
Cosponsors: (none)
Latest Major Action: 6/5/2003 Referred to House committee. Status:
Referred to the House Committee on Small Business
To amend the Small Business Act to allow more joint
ventures, leader-follower arrangements, and teaming arrangements under the
section 8(a) minority business development program. (Introduced in House)
108th CONGRESS
1st Session
H. R. 2374
To amend the Small Business Act
to allow more joint ventures, leader-follower arrangements, and teaming
arrangements under the section 8(a) minority business development program.
IN THE HOUSE OF
REPRESENTATIVES
Ms.
MILLENDER-MCDONALD introduced the following bill; which was referred to the
Committee on Small Business
A BILL
To
amend the Small Business Act to allow more joint ventures, leader-follower
arrangements, and teaming arrangements under the section 8(a) minority business
development program.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Subparagraph (H) of section 7(j)(13) of the Small Business Act (15 U.S.C. 636(j)(13)) is amended to read as follows:
`(H) Joint ventures, leader-follower arrangements, and teaming agreements between the Program Participant and other Program Participants and other small business concerns with respect to any contracting opportunity. Such activities shall be undertaken on the basis of programs developed by the agency responsible for the procurement, with the assistance of the Administration.'.