[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 28 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 28

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

                            January 4, 1995

  Mr. Duncan introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 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 1995''.

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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