S.Amdt. 1197Senate112th Congress (2011-2013)

To require contractors to make timely payments to subcontractors that are small business concerns.

What it does: Adds SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS at the end of subtitle E of title VIII
Sponsored by Al  Franken Sen. Al Franken (D-MN)
Submitted November 17, 2011

What it changes

1 change to S. 1867 · shown in the bill's text

Adds a section
  1. Adds SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS at the end of subtitle E of title VIII

    Adds a section

    In S. 1867 · Placed on Calendar Senate

    (2) An identification of the fire-resistance or fire- retardant properties or capabilities of fibers and materials (whether domestic or foreign) otherwise available in the United States that are suitable for use in the production of military products that require such properties or capabilities, and an assessment of the sufficiency, adequacy, availability, and cost of such fibers and materials for that purpose.

    Inserted: SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS.

    Inserted: (a) In General.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following:

    Inserted: "(s) Regulations Relating to Timely Payments.--

    Inserted: "(1) Regulations required.--Not later than 1 year after the date of enactment of this subsection, the Director of the Office of Management and Budget, in consultation with the Administrator, shall issue regulations that require any prime contractor awarded a contract by the Federal Government to make timely payments to subcontractors that are small business concerns.

    Inserted: "(2) Considerations.--In issuing the regulations under paragraph (1), the Director of the Office of Management and Budget, in consultation with the Administrator, shall consider--

    Inserted: "(A) requiring a prime contractor to pay a subcontractor that is a small business concern not later than 30 days after the date on which the prime contractor receives a payment from the Federal Government;

    Inserted: "(B) developing--

    Inserted: "(i) incentives for prime contractors that pay subcontractors in accordance with the regulations; or

    Inserted: "(ii) penalties for prime contractors that do not pay subcontractors in accordance with the regulations; and

    Inserted: "(C) requiring that any subcontracting plan under paragraph (4) or (5) of section 8(d) contain a detailed description of when and how each subcontractor will be paid.".

    Inserted: (b) Technical and Conforming Amendments.--Section 8(d)(6) of the Small Business Act (15 U.S.C. 638(d)(6)) is amended--

    Inserted: (1) in subparagraph (F), by striking "and" at the end;

    Show 3 more inserted paragraphs

    Inserted: (2) in subparagraph (G)(ii), by striking the period at the end and inserting "; and"; and

    Inserted: (3) by adding at the end the following:

    Inserted: "(H) any information required to be included under the regulations issued under section 15(s).".

    Original wording

    At the end of subtitle E of title VIII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1197. Mr. FRANKEN submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:

At the end of subtitle E of title VIII, add the following:

SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS.

(a) In General.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following:

“(s) Regulations Relating to Timely Payments.--

“(1) Regulations required.--Not later than 1 year after the date of enactment of this subsection, the Director of the Office of Management and Budget, in consultation with the Administrator, shall issue regulations that require any prime contractor awarded a contract by the Federal Government to make timely payments to subcontractors that are small business concerns.

“(2) Considerations.--In issuing the regulations under paragraph (1), the Director of the Office of Management and Budget, in consultation with the Administrator, shall consider--

“(A) requiring a prime contractor to pay a subcontractor that is a small business concern not later than 30 days after the date on which the prime contractor receives a payment from the Federal Government;

“(B) developing--

“(i) incentives for prime contractors that pay subcontractors in accordance with the regulations; or

“(ii) penalties for prime contractors that do not pay subcontractors in accordance with the regulations; and

“(C) requiring that any subcontracting plan under paragraph (4) or (5) of section 8(d) contain a detailed description of when and how each subcontractor will be paid.”.

(b) Technical and Conforming Amendments.--Section 8(d)(6) of the Small Business Act (15 U.S.C. 638(d)(6)) is amended--

(1) in subparagraph (F), by striking “and” at the end;

(2) in subparagraph (G)(ii), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(H) any information required to be included under the regulations issued under section 15(s).”.

Legislative Activity

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9 earlier actions
Floor Latest Action

Considered by Senate. (consideration: CR S8094)

December 1, 2011

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Floor

Considered by Senate. (consideration: CR S8094)

December 1, 2011

Floor

Point of order that the amendment violates Rule XXII raised in Senate with respect to amendment SA 1197.

December 1, 2011

Floor

Amendment SA 1197 ruled non-germane by the chair.

December 1, 2011

Floor

Considered by Senate. (consideration: CR S8012)

November 30, 2011

Floor

Considered by Senate. (consideration: CR S7943)

November 29, 2011

Floor

Considered by Senate. (consideration: CR S7884)

November 28, 2011

Floor

Considered by Senate. (consideration: CR S7785)

November 18, 2011

Floor

Senate amendment submitted

November 17, 2011

Floor

Senate amendment proposed (on the floor): Amendment SA 1197 proposed by Senator Franken.

November 17, 2011

Floor

Amendment SA 1197 proposed by Senator Franken. (consideration: CR S7685; text: CR S7685) To require contractors to make timely payments to subcontractors that are small business concerns.

November 17, 2011