[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2127 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 2127
To reduce costs and improve efficiency of Forest Service operations by
contracting out certain tasks related to the planning and
implementation of programs and projects in the National Forest System.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 1997
Mr. Riggs introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To reduce costs and improve efficiency of Forest Service operations by
contracting out certain tasks related to the planning and
implementation of programs and projects in the National Forest System.
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 ``Forest Service Cost Reduction and
Efficiency Demonstration Act of 1997''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Budgetary reductions and project delays caused by
litigation have reduced certain levels of accomplishments and
resource outputs by the Forest Service in recent years, with
the result that many targets and goals of land and resource
management plans that were developed with years of public and
scientific input are not being met.
(2) Certain staffing levels of the Forest Service have been
reduced in recent years, but not to the extent that related
accomplishments and resource outputs have been reduced.
(3) Per unit costs and overhead of the Forest Service are
rising substantially.
(4) Staffing reductions and retirements have cost the
Forest Service substantial expertise in certain technical and
scientific disciplines.
(5) Technical and scientific expertise relevant to Forest
Service needs is available in the private sector.
(6) Contractor performance of certain tasks would be less
costly than performing those tasks using Forest Service
personnel, would free agency personnel to devote their time to
necessary tasks now being left undone, and would provide the
Forest Service with the ability to maintain an on-demand
skilled workforce to meet changing demands on public lands.
SEC. 3. PURPOSE.
The purpose of this Act is to implement Government reform, reduce
costs, and increase efficiency in the Forest Service, which has been
designated as a reinvention laboratory by the Vice President, and to
demonstrate that contractor performance of certain Forest Service tasks
can lower the cost, improve the efficiency, and increase the
accomplishment of tasks necessary to achieve the targets, goals, and
desired forest conditions established by final land and resource
management plans developed as required by section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
SEC. 4. CONTRACTOR PERFORMANCE OF CERTAIN FOREST SERVICE TASKS.
(a) Establishment of National Forest System Efficiency Fund.--There
is established in the Office of the Secretary of Agriculture a fund to
be known as the ``National Forest System Efficiency Fund'', which shall
be available to the Secretary as provided in this section. The Fund
shall consist of one percent of the amount appropriated for the
National Forest System account of the Forest Service budget for each of
the next three fiscal years beginning after the date of the enactment
of this Act. No other funds are authorized to be appropriated to carry
out this section.
(b) Duration of Fund.--Amounts in the Fund are available for
obligation during the three fiscal years referred to in subsection (a)
and are available for expenditure until all obligations incurred under
this section are paid.
(c) Use of Fund for Contractor Performance.--Amounts in the Fund
are available for obligation by units of the National Forest System to
pay for the contractor performance of tasks related to the planning and
implementation of programs and projects in the National Forest System.
The total amount expended shall be distributed among the various
resource fields in approximately the same proportions as the total
National Forest System budget is distributed to the resource fields in
appropriation Acts.
(d) Application and Approval Process.--The Secretary of Agriculture
shall provide for an efficient and timely system of application for,
and approval of, the use of amounts in the Fund for the purpose
specified in subsection (c). The Secretary may designate particular
units of the National Forest System as special demonstration units for
purposes of this section.
(e) Exemption From Contracting Requirements for Small Contracts.--
In the case of a contract under $50,000 to be entered into under this
section using amounts in the Fund, the preparation, solicitation, and
award of the contract shall be exempt from--
(1) the requirements of the Competition in Contracting Act
(41 U.S.C. 253 et seq.) and the implementing regulations in the
Federal Acquisition Regulation issued pursuant to section 25(c)
of the Office of Federal Procurement Policy Act (41 U.S.C.
421(c)) and any departmental acquisition regulations; and
(2) the notice and publication requirements in section 18
of such Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)) and the implementing
regulations in the Federal Acquisition Regulations and any
departmental acquisition regulations.
(f) Administrative Expenses.--A unit of the National Forest System
entering into a contract under this section shall be permitted to
receive from the Fund for credit to the unit's account for unit
administration and overhead directly related to the contract an amount
equal to not more than 20 percent of the contract price.
(g) Use of Fund by Regional and National Offices.--Not more than
five percent annually of amounts in the Fund may be used in connection
with contracts entered into by regional offices of the Forest Service.
None of the amounts in the Fund may be used in connection with
contracts entered into by the national office of the Forest Service.
(h) Retention of Decisionmaking Following Public Input.--Tasks
related to planning and implementation of programs and projects
requiring public input prior to decisionmaking may be contracted out in
accordance with this section, except that the Secretary of Agriculture
shall ensure that final consideration of public input and
decisionmaking following that consideration is made by an appropriate
officer of the Forest Service.
(i) Reports to Congress.--Not later than six months after the end
of each fiscal year during which amounts are expended from the Fund,
the Secretary of Agriculture shall submit to Congress a report on the
tasks undertaken during the preceding fiscal year pursuant to contracts
entered into under this section. The report shall include information
on costs saved as a result of using private contractors and the
additional accomplishments of Forest Service employees during the time
saved by using private contractors and recommendations for further
expansion of the authority provided by this section.
(j) Other Contracting Authorities.--This section shall not be
construed as in any way eliminating, restricting, or replacing any
other authority for the Secretary of Agriculture to contract out any
tasks of the Forest Service. The Secretary shall continue to make use
of other available contracting authority, including the use of
expedited fire contracting procedures.
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