H.R.787 - Plain Language in Contracting Act (119th Congress)
Summary
H.R. 787, the Plain Language in Contracting Act, aims to improve the accessibility and clarity of federal notices for small business concerns. It mandates that these notices be written in plain language and include relevant keywords to facilitate easy identification of contract opportunities. The bill also directs the Small Business Administration (SBA) to issue rules to implement these requirements within 90 days of enactment.
This legislation seeks to reduce confusion and improve understanding of government contracting opportunities for small businesses. It also emphasizes compliance with existing budget constraints, as no additional appropriations are authorized to carry out the Act.
The bill was introduced in the House of Representatives and reported with an amendment, signaling progress in the legislative process.
Expected Effects
The primary effect of this bill will be to make it easier for small businesses to understand and access federal contracting opportunities. By requiring plain language and the inclusion of key words, the bill aims to lower the barrier to entry for small businesses seeking to participate in government contracts.
This could lead to increased competition and a more diverse pool of contractors. The SBA's rulemaking will further define the specifics of compliance and enforcement.
However, the lack of additional funding may limit the effectiveness of the implementation and oversight of the Act.
Potential Benefits
- Improved Access to Opportunities: Small businesses will find it easier to identify and understand relevant contracting opportunities.
- Reduced Confusion: Plain language reduces ambiguity and misunderstandings in government notices.
- Increased Competition: More small businesses may participate in the bidding process, fostering competition.
- Efficiency: Clear notices can save time and resources for both small businesses and government agencies.
- Economic Growth: By facilitating small business participation in government contracts, the bill could stimulate economic growth.
Most Benefited Areas:
Potential Disadvantages
- Limited Resources: The lack of additional funding may hinder effective implementation and oversight.
- Subjectivity of 'Plain Language': Defining and enforcing 'plain language' can be subjective and lead to disputes.
- Potential for Increased Administrative Burden: Agencies may face additional administrative burden in ensuring compliance.
- Unintended Consequences: Overly simplified language could inadvertently omit crucial details.
- Rulemaking Delays: The SBA's rulemaking process could face delays, postponing the Act's benefits.
Constitutional Alignment
The bill aligns with the spirit of promoting the general welfare, as stated in the Preamble of the US Constitution, by facilitating small business participation in government contracts. Congress's authority to enact this legislation stems from Article I, Section 8, which grants it the power to make all laws necessary and proper for carrying out its enumerated powers, including regulating commerce and providing for the common defense and general welfare.
There are no apparent conflicts with specific constitutional provisions. The bill does not infringe upon individual liberties or rights, nor does it encroach upon the powers of the executive or judicial branches.
However, the constitutionality of the bill depends on whether it remains within the scope of Congress's enumerated powers and does not violate any other constitutional limitations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).