Active legislation in the U.S. Congress we are tracking:
S. 2868 Federal Supply Schedules Usage Act
Introduced- Dec 9, 2009
Bill would provide increased access to the General Services Administration’s Schedules Program by the American Red Cross and State and local governments. Washington Technology article: ‘Bill Would Pry Open GSA Schedules for States‘
Full text of legislation: S. 2868
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H.R. 3558: Small Business Fair Competition Act Introduced- Sept 14, 2009
- Allows incumbent contractors to be eligible to re-compete for Government contracts as small businesses, and for other purposes.
Full test of legislation: H.R. 3558
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H.R. 2568: Fairness and Transparency in Contracting Act of 2009
Introduced – May 21, 2009
- Amends the Small Business Act to exclude as a small business, for purposes of meeting federal agency contracting goals with small businesses, any small business (or subsidiary thereof) that is publicly traded, or any business (or subsidiary thereof) with more than 50% non-U.S. citizen ownership.
- Requires the Administrator of the Small Business Administration (SBA) to notify the head of each federal department or agency regarding this Act and its amendments, and the department or agency head to then notify its contractors.
- Directs the Administrator to: (1) publish a report regarding federal prime contracts awarded to businesses identified as small businesses for purposes of achieving small business contracting goals; and (2) establish procedures to ensure that the Central Contractor Registration database provides an adequate warning regarding criminal penalties for misrepresenting the status of a small business or person in order to obtain federal contracts.
- Provides for enforcement of complaints about the classification of a business for such purposes.
Full text of legislation: H.R.2568
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H.R. 983: Government Neutrality in Contracting Act
- Directs the head of any federal agency that awards or obligates funds for any construction contract, or that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects, to ensure that bid specifications, project agreements, or other controlling documents do not: (1) require or prohibit a bidder, offeror, contractor, or subcontractor from entering into, or adhering to, agreements with a labor organization, with respect to that construction project or another related construction project; or (2) otherwise discriminate against such a party because it did or did not become a signatory or otherwise adhere to such an agreement.
- Allows exemptions to avert an imminent threat to public health or safety or to serve national security. Allows additional exemptions for certain projects.
- Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement this Act with respect to the applicable federal contracts.
Full text of legislation: H.R.983
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H.R. 963: Transparency and Accountability in Intelligence Contracting Act of 2009
Introduced 2/10/2009
- Prohibits the use of private contractors for the arrest, interrogation, detention, or transportation or transfer of persons under government custody or control.
- Amends the National Security Act of 1947 to require the Director of National Intelligence (DNI) to prepare an annual assessment for such element of the intelligence community (IC) that assesses such element’s use of private contractors and private contractor personnel.
- Requires each assessment to be submitted to the congressional intelligence committees.
- Directs that each contract, subcontract, or task or delivery order entered into with an IC element shall require the contractor to provide to the IC element contracting officer certain information on the personnel performing contracting activities, including their training, the process used to hire the individuals, and the number of foreign nationals employed.
- Requires a report from the DNI to Congress describing the personal services activities performed by contractors across the IC, the impact of such contractors on the IC workforce, plans for conversion of contractor employment into government employment, and accountability mechanisms governing the performance of such contractors.
Full text of legilsation: H.R.963
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H.R. 2177: Transparency and Accountability in Security Contracting Act of 2009
Introduced 4/29/2009
- Requires each contract, subcontract, or task order awarded or issued by a federal agency that includes private security functions (covered contract) to require the contractor to provide to the agency contracting officer specified information, including the number of persons to perform the security functions and the hiring and training process for such persons.
- Requires agency oversight in the performance of the covered contract.
- Requires the Secretary of Defense to establish and maintain a comprehensive security contracting database.
- Prohibits any agency from awarding a covered contract for performance of activities that require or involve: (1) direct participation by contractor personnel in hostilities with an enemy combatant or force; or (2) interrogation by contractor personnel of an individual who is a detainee or prisoner in the custody or under the effective control of the U.S. government.
- Directs the Chairman of the Joint Chiefs of Staff (JCS) to issue rules regarding the circumstances under which force may be used by contractor personnel performing private security functions within the area covered by a contingency operation and the types of force authorized.
- Requires each agency awarding a covered contract: (1) for a contingency operation, to prescribe minimum standards for contract personnel, including hiring, training, and equipment standards; and (2) to issue guidance on equipment used for private security functions.
- Requires the Chairman of the Joint Chiefs of Staff to designate a Theater Security Contract Coordinating Officer for each contingency operation with respect to which covered contracts are awarded.
- Requires the Secretary of State to work through appropriate existing or new international fora to achieve agreement on an international framework regulating the use of private contractors for security functions and facilitating cooperation on measures to ensure the transparency and legal accountability of security contractors.
Full text of legislation: H.R.2177
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H.R. 2825: Safety in Defense Contracting Act
Introduced June 11, 2009
- Requires the Secretary of Defense to debar from contracting with the Department of Defense (DOD) any defense contractor: (1) officially determined to have caused serious injury or death to any civilian or military personnel through gross negligence or reckless disregard for safety, or to have committed fraud; or (2) awarded a subcontract to a subcontractor officially determined to have caused or committed such actions.
- Directs the Secretary to also debar any subcontractor found to have caused or committed such actions.
- Requires a five-year minimum period for such a debarment.
- Authorizes a debarment waiver by the Secretary if it would jeopardize national security.
- Directs the Secretary, in the case of any defense contractor receiving a level III corrective action request from the Defense Contract Management Agency in a fiscal year, to withhold any contract award or incentive fees for that fiscal year.
Full text of legislation: H.R.2825
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H.R. 1911: Transparency and Accountability in State and Local Contracting Act
Introduced – April 2, 2009
To amend the American Recovery and Reinvestment Act of 2009 to require funding to help award recipients defray the costs of data collection requirements initiated pursuant to such Act, and for other purposes.
Full text of legislation: H.R.1911
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S. 1489: A bill to amend the Small Business Act to create parity among small business contracting programs, and for other purposes.
Introduced July 21, 2009
Full text of legislation: S.1489
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H.R. 1874: Patriot Corporations of America Act of 2009
- produces at least 90% of its goods and services in the United States;
- does not pay its its management-level employees at a rate more than 10,000% of the compensation of its lowest paid employee;
- conducts at least 50% of its research and development in the United States;
- contributes at least 5% of its payroll to a portable pension fund for its employees;
- pays at least 70% of its employees’ health insurance costs;
- maintains a policy of neutrality in employee organizing drives;
- provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called to active duty; and (8) has not violated federal regulations, including regulations relating to the environment, workplace safety, labor relations, and consumer protections.
- reduce the income tax rate for Patriot corporations;
- reclassify foreign corporations created or organized to avoid federal taxation as domestic corporations for income tax purposes; and
- increase, for the period between January 1, 2009, and December 31, 2010, the income tax rate for individual taxpayers with adjusted gross incomes of $500,000 or more ($1 million or more for joint returns).
Full text of legislation: H.R.1874
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