[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2454 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2454

         To increase the efficiency of Government procurement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1993

Mr. Machtley introduced the following bill; which was referred jointly 
      to the Committees on Government Operations and the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To increase the efficiency of Government procurement.

    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 ``Procurement Efficiency Act of 
1993''.

SEC. 2. ON-LINE DATA BASE OF FEDERAL PROCUREMENT OPPORTUNITIES.

    (a) Establishment of Data Base.--Section 18 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 416) is amended by adding at 
the end the following:
    ``(e)(1) The Secretary of Commerce shall establish a computerized 
data base of information regarding--
            ``(A) procurements to be conducted by executive agencies; 
        and
            ``(B) subcontracts to be awarded pursuant to those 
        procurements.
    ``(2) The data base established under this subsection shall--
            ``(A) include information that is substantially the same as 
        the information relating to procurements by executive agencies 
        that is published in the Commerce Business Daily;
            ``(B) include the notices furnished to the Secretary of 
        Commerce under subsection (a)(1)(A); and
            ``(C) make that information and those notices publicly 
        available to on-line users of the data base.''.
    (b) Implementation.--The Secretary of Commerce shall establish and 
make publicly available the data base required by the amendment made by 
subsection (a) by not later than 1 year after the date of the enactment 
of this Act.
    (c) Conforming Amendment.--Section 18(a)(2) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 416(a)(2)) is amended by 
inserting after ``Daily'' the following: ``, and include promptly in 
the data base established under subsection (e),''.

SEC. 3. IDENTIFICATION OF CONTRACTORS IN EXECUTIVE AGENCY PROCUREMENT 
              RECORDS; SHARING OF PROCUREMENT RECORDS BY EXECUTIVE 
              AGENCIES.

    Section 19 of the Office of Federal Procurement Policy Act (41 
U.S.C. 417) is amended--
            (1) in subsection (b)(1)(B) by inserting before the 
        semicolon the following: ``, including the taxpayer 
        identification number of the source''; and
            (2) by adding at the end the following:
    ``(e) Each executive agency shall make all records established and 
maintained under this section readily available to all other executive 
agencies.''.

SEC. 4. INCREASE IN SMALL PURCHASE THRESHOLD.

    (a) Increase in Small Purchase Threshold.--Section 4(11) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is amended 
by striking ``$25,000'' each place it appears and inserting 
``$100,000''.
    (b) Requirement of Procurement Notices for All Competitive 
Procurements.--Section 18(a)(2) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 416(a)(2)) is amended by striking ``for a price 
expected to exceed the small purchase threshold''.

SEC. 5. CLARIFICATION OF AUTHORITY FOR PROCUREMENT REGULATIONS.

    Section 16 of the Office of Federal Procurement Policy Act (41 
U.S.C. 414) is amended--
            (1) in paragraph (3) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) include in each regulation governing procurement that 
        is issued by the agency a citation of the specific statutory 
        authority for the regulation.''.

SEC. 6. REPRESENTATION OF SMALL BUSINESS ADMINISTRATION ON COST 
              ACCOUNTING STANDARDS BOARD.

    Section 20(a)(1) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 422(a)(1)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``5'' and inserting ``6''; and
                    (B) by striking ``4'' and inserting ``5''; and
            (2) in subparagraph (A)--
                    (A) in the matter preceding clause (i) by striking 
                ``two'' and inserting ``3'';
                    (B) in clause (i) by striking ``and'' after the 
                semicolon; and
                    (C) by inserting after clause (ii) the following:
                    ``(iii) one of whom shall be a representative of 
                the Small Business Administration appointed by the 
                Administrator of the Small Business Administration; 
                and''.

SEC. 7. RULES OPPOSED BY SBA CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Section 612 of title 5, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) Statement of Opposition.--
            ``(1) Transmittal of proposed rules and initial regulatory 
        flexibility analysis to sba chief counsel for advocacy.--On or 
        before the 30th day preceding the date of publication by an 
        agency of general notice of proposed rulemaking for a rule, 
        including a rule relating to procurement, the agency shall 
        transmit to the Chief Counsel for Advocacy of the Small 
        Business Administration--
                    ``(A) a copy of the proposed rule; and
                    ``(B)(i) a copy of the initial regulatory 
                flexibility analysis for the rule if required under 
                section 603; or
                    ``(ii) a determination by the agency that an 
                initial regulatory flexibility analysis is not required 
                for the proposed rule under section 603 and an 
                explanation for the determination.
            ``(2) Statement of opposition.--On or before the 15th day 
        following receipt of a proposed rule and initial regulatory 
        flexibility analysis from an agency under paragraph (1), the 
        Chief Counsel for Advocacy may transmit to the agency a written 
        statement of opposition of the proposed rule.
            ``(3) Response.--If the Chief Counsel for Advocacy 
        transmits to an agency a statement of opposition to a proposed 
        rule in accordance with paragraph (2), the agency shall publish 
        the statement, together with the response of the agency to the 
        statement, in the Federal Register at the time of publication 
        of general notice of proposed rulemaking for the rule.''.
    (b) Conforming Amendment.--Section 603(a) of title 5, United States 
Code, is amended by inserting ``in accordance with section 612(d)'' 
before the period at the end of the last sentence.

SEC. 8. REVIEW OF DEVIATIONS FROM PROCUREMENT NOTICE REQUIREMENT.

    (a) Review Requirement.--Section 18 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416) is amended by adding at the end 
the following new subsection:
    ``(e)(1) In the case of any procurement for which a notice is not 
required under subsection (a)(1) by reason of subsection (c), the head 
of the executive agency intending to conduct the procurement shall, 
before issuing the solicitation for the procurement, submit to the 
Administrator of Federal Procurement Policy the justification for not 
furnishing the notice. The Administrator of Federal Procurement Policy 
shall, before the issuance of the solicitation for the procurement, 
review the justification to ensure that it is appropriate and 
reasonable.
    ``(2) At least once every 5 years, the Administrator of Federal 
Procurement Policy shall review the justifications submitted under 
paragraph (1). In conducting the review, the Administrator shall 
concentrate on those justifications that have been submitted by the 
same executive agency, for the same type of procurements, in each of 
the 5 years covered by the review, to ensure that such justifications 
continue to be appropriate and reasonable.''.
    (b) Effective Date.--Subsection (e) of section 18 of the Office of 
Federal Procurement Policy Act shall apply with respect to 
solicitations for procurements issued after the 30-day period beginning 
on the date of the enactment of this Act.

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