Text: H.R.4430 — 102nd Congress (1991-1992)All Information (Except Text)

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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.

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