[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4840 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4840

 To make certain technical amendments to the Act commonly known as the 
Clinger-Cohen Act of 1996, and to provide that certain cost accounting 
standards shall not be applied to the Federal Employees Health Benefit 
program until the Cost Accounting Standards Board Review Panel submits 
              its report and recommendations to Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 1998

Mrs. Morella (for herself and Mr. Bartlett of Maryland) introduced the 
   following bill; which was referred to the Committee on Government 
                          Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
 To make certain technical amendments to the Act commonly known as the 
Clinger-Cohen Act of 1996, and to provide that certain cost accounting 
standards shall not be applied to the Federal Employees Health Benefit 
program until the Cost Accounting Standards Board Review Panel submits 
              its report and recommendations to Congress.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT OF SAVINGS PROVISION OF CLINGER-COHEN ACT OF 1996.

    (a) Short Title.--This section may be cited as the ``Savings 
Provision Technical Amendment Act of 1998''.
    (b) Amendment of Savings Provision.--Section 5702 of division E of 
the National Defense Authorization Act for Fiscal Year 1996 (commonly 
referred to as the ``Clinger-Cohen Act of 1996'') (division E of Public 
Law 104-106; 40 U.S.C. 1401 note) is amended--
            (1) in subsection (a), by striking ``All'' and inserting in 
        lieu thereof ``Except as provided in subsection (d), all'';
            (2) in subsection (b), by inserting after ``Proceedings.--
        '' the following: ``Except as provided in subsection (d)--''; 
        and
            (3) by adding at the end the following new subsection:
    ``(d) Inapplicability of Subsections (a) and (b) to Certain 
Proceedings Involving Delegations of Procurement Authority.--
Subsections (a) and (b) shall not apply to any decision of the General 
Services Board of Contract Appeals (whether or not such decision is 
subsequently vacated)--
            ``(1) that is issued in a proceeding described in 
        subsection (b)(1) involving a protest;
            ``(2) that is issued after February 10, 1996, and before 
        the effective date described in section 5701; and
            ``(3) that declares that a delegation of procurement 
        authority from the Administrator of General Services or another 
        source should have been obtained and that a contract is void 
        for lack of such a delegation.''.
    (c) Implementation of Amendment.--In the case of any decision of 
the General Services Board of Contract Appeals covered by section 
5702(d) of the National Defense Authorization Act for Fiscal Year 1996, 
as added by subsection (b), the following provisions apply:
            (1) The Administrator of General Services--
                    (A) shall take such actions as are necessary to 
                vacate the decision; and
                    (B) may not decide any further protest with respect 
                to the contract that was declared void by such 
                decision.
            (2) The contracting activity that awarded the contract that 
        was declared void by such decision--
                    (A) shall deem the contract valid and in full 
                effect, notwithstanding any subsequent event, action, 
                or change in circumstances or requirements;
                    (B) shall adhere to the terms of the contract; and
                    (C) shall require performance of the contract to 
                begin 15 days after the date of the enactment of this 
                Act (the Savings Provision Technical Amendment Act of 
                1998) and to continue from that date for the number of 
                years prescribed by the contract when the contract was 
                awarded.
            (3) The contract that was declared void by such decision 
        shall not be subject to any other protest.
                                 <all>