H.R.4430 - Freedom from Government Competition Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Duncan, John J., Jr. [R-TN-2] (Introduced 03/11/1992)|
|Committees:||House - Government Operations|
|Latest Action:||House - 03/16/1992 Referred to the Subcommittee on Legislation and National Security. (All Actions)|
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Text: H.R.4430 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
HR 4430 IH 102d CONGRESS 2d Session H. R. 4430 To require that the Federal Government procure from the private sector the goods and services necessary for the operations and management of certain Government agencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES March 11, 1992 Mr. DUNCAN (for himself, Mr. TAYLOR of North Carolina, Mr. ROHRABACHER, Mr. RHODES, Mr. SMITH of Oregon, Mr. DORNAN of California, Mr. HANCOCK, Mr. SCHIFF, Mr. IRELAND, Mr. COMBEST, and Mr. COX of California) introduced the following bill; which was referred to the Committee on Government Operations A BILL To require that the Federal Government procure from the private sector the goods and services necessary for the operations and management of certain Government agencies, and for other purposes. 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 `Freedom from Government Competition Act of 1992'. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) private sector business concerns, which are free to respond to the private or public demands of the marketplace, constitute the strength of the American economic system; (2) competitive private enterprises are the most productive, efficient, and effective sources of goods and services; (3) Government competition with the private sector of the economy is detrimental to the American economic system; (4) Government competition with the private sector of the economy is at an unacceptably high level, both in scope and in dollar volume; (5) current law and policy have failed to address adequately the problem of Government competition with the private sector of the economy; and (6) it is in the public interest that the Government establish a consistent policy to rely on the private sector of the economy to provide goods and services necessary for or beneficial to the operation and management of Government agencies and to avoid Government competition with the private sector of the economy. SEC. 3. DEFINITIONS. As used in this Act the term `agency' means-- (1) an executive department as defined by section 101 of title 5, United States Code; (2) a military department as defined by section 102 of such title; and (3) an independent establishment as defined by section 104(l) of such title. SEC. 4. PROCUREMENT FROM PRIVATE SOURCES. (a) GENERAL RULE- Notwithstanding any other provision of law, each agency shall obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources unless-- (1) the goods or services are required by law to be produced or performed, respectively, by the agency; or (2) the head of the agency determines and certifies to the Congress in accordance with regulations promulgated by the Director of the Office of Management and Budget that-- (A) Government production, manufacture, or provision of a good or service is necessary for the national defense; (B) a good or service is so inherently governmental in nature that it is in the public interest to require production or performance, respectively, by a Government employee; or (C) there is no private source capable of providing the good or service. (b) REGULATIONS- The Director of the Office of Management and Budget shall promulgate such regulations as the Director considers necessary to carry out subsection (a). SEC. 5. STUDY AND REPORT. The Director of the Office of Management and Budget, in conjunction with the Comptroller General of the United States, shall carry out a study to identify all current activities of agencies which are inconsistent with the requirements of section 5(a) and shall transmit to the Congress within one year after the date of enactment of this Act a report on such study. The report shall include a list of all activities identified under the preceding sentence and a schedule for the transfer of such activities to the private sector of the economy. The schedule included in the report shall provide for the completion of the transfer within 5 years after the date on which such report is transmitted to the Congress.