S. 272 AND H.R. 1043 - PUBLICATION OF PROCUREMENT ACTIONS IN COMMERCE BUSINESS DAILY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200230025-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: October 21, 2008
• Sequence Number: 25
• Publication Date: March 9, 1983
• Content Type: MEMO

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9 March 1983
OGC 83-01859
Legislation Division
SUBJECT: S. 272 and H.R. 1043 - Publication of
Procurement Actions in Commerce Business
Daily
This memorandum will summarize various actions which have
taken place in regard to S. 272 and H.R. 1043 since my
memorandum to you of 8 February 1983.
After Senate passage of S. 272 with the Pressler/Cohen
floor amendment to which we objected, S. 272 was sent to the
House and held at the Speaker's desk. The House then took up
H.R. 1043, a related small business/procurement bill to which
there is no Agency objection.
On 15 February, the House passed H.R. 1043 over the
strenuous objections of the House Armed Services Committee in
the person of Representative Stratton, Chairman of that
Committee's Subcommittee on Procurement. The House then
attempted to take up S. 272. The plan apparently was to take
up S. 272, strike out all of its provisions and substitute the
provisions of H.R. 1043 as passed. The House would then
request a conference with the Senate on S. 272 and the House
would recede at conference.
The Agency would have objected to this course of action as
it would have meant congressional passage of the Pressler/Cohen
floor amendment language. Representative Stratton, however,
objected to consideration of S. 272 under suspension of the
rules. Hence, no further action on S. 272 was taken and, to
date, none has been taken. H.R. 1043 was then sent to the
Senate and there was referred to the Senate Small Business
Committee.
I anticipated that the Senate would attempt to do what the
House had failed to do: take up H.R. 1043, amend it so to
strike its language, insert that of S. 272, pass H.R. 1043 as
thus amended, request a conference with the House and have the
House recede. Accordingly, I contacted Vicki Toensing, Chief
Counsel, Senate Select Committee on Intelligence (SSCI) and
she, in turn, contacted Jim Dykstra, Senator Cohen's designee
on the SSCI. I informed them of our concerns about the
Pressler/Cohen floor amendment language and asked how we could
approach the Senate Small Business Committee to make our
concerns known.
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Toensing and Dykstra suggested that we work through the
Subcommittee on Oversight of Government Management of the
Senate Governmental Affairs Committee. This Subcommittee is
chaired by Senator Cohen. The Senator also has a procurement
bill, S. 338, which is in the Senate Governmental Affairs
Committee. S. 338 is not moving, however, while H.R. 1043/S.
272 is. Accordingly, Senator Cohen's subcommittee staff is
working with the Senate Small Business Committee staff to have
some of Cohen's ideas from S. 338 placed in H.R. 1043/S. 272.
Dykstra contacted this Small Business/Governmental Affairs
group and relayed our concerns about the Pressler/Cohen floor
amendment. The Small Business/Governmental Affairs group
countered with language creating an exemption for "classified
procurements with respect to which a (CBD) notice . . . cannot
be written in a manner which avoids the disclosure of
classified information". and I discussed this language and
concluded that it was too res rictive and thus unacceptable.
Accordingly, Dykstra and Toensing arranged a meeting on 2 March
to discuss the matter with Small Business/Governmental
Affairs.
On 2 March, Toensing, Dykstra and I met with Mary B.
Gerwin, Counsel to the Subcommittee, Jeffrey Minsky,
Subcommittee Investigator and Michael Haynes, Chief Counsl,
Senate Small Business Committee. At the meeting, I set forth
our general concerns in this area. Gerwin and Haynes responded
by proposing that we return to the Pressler/Cohen floor
amendment language with the deletion of the phrase "to more
than one source". The exception would thus be for procurements
where "disclosure of the Agency's needs would compromise the
national security". Both SSCI staff members and I thought that
this would be (more than) acceptable. I asked, however, for a
day's time to review it with Agency officials and promised I
would relay our response to Gerwin and Haynes thru Toensing.
I contacted on 3 March and relayed the proposal
to him. He later informed me that neither he nor the
Logistics/Procurement staff had any objections to the proposal.
Hence, on 4 March, I contacted Toensing, informed her that
we supported the language and asked her to convey this to Small
Business and Governmental Affairs. She indicated that she
would do so.
The only action remaining in the Senate is to insure that
this language remains in the version of H.R. 1043 which is
reported out by the Senate Small Business Committee.
Haynes and Gerwin confirmed that the plan was to treat S.
272 and H.R. 1043 as I had outlined above. They also stated
that Senate floor action on H.R. 1043 could be expected in the
next two weeks.
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Haynes also said that he expected action on S. 272 on the House
side during the week of 14 March.
I then contacted Mike O'Neill, Chief Counsel, House
Permanent Select Committee on Intelligence. I informed him of
what had taken place on the Senate side and asked for his
assistance to insure that this language received support on the
House side.
O'Neill confirmea Haynes' statement that action was
expected in the near future on S. 272: the House Small
Business Committee was expected to try again to have S. 272
considered under suspension of the rules and failing that, was
expected to go to the Rules Committee to get a rule to force
consideration of S. 272. O'Neill indicated that HPSCI had
contacted the House leadership, made known to it the
Intelligence Communty's concerns, and requested that they be
addressed, in conference if necessary. O'Neill expected that
this action would protect our concerns.
This Office will continue to monitor this legislation in
both the House and the Senate to insure that the desired
language is in any bill which goes to the President for
signature.
(PS:maw)
Distribution:
1 - PS Signer
1 - 0GC Chrono
.~- LED File: Procurement
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