[Congressional Record Volume 148, Number 37 (Tuesday, April 9, 2002)]
[House]
[Pages H1097-H1098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ACQUISITION STREAMLINING IMPROVEMENT ACT

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3921) to amend the Clinger-Cohen Act of 1996 to 
extend until January 1, 2005, a program applying simplified procedures 
to the acquisition of certain commercial items, and to require the 
Comptroller General to submit to Congress a report regarding the 
effectiveness of such program.
  The Clerk read as follows:

                               H.R. 3921

       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 ``Acquisition Streamlining 
     Improvement Act''.

     SEC. 2. EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURES 
                   TO CERTAIN COMMERCIAL ITEMS; REPORT ON PROGRAM.

       Section 4202 of the Clinger-Cohen Act of 1996 (divisions D 
     and E of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 
     note) is amended--
       (1) in subsection (e), by striking ``January 1, 2003'' and 
     inserting ``January 1, 2005''; and
       (2) by adding at the end the following new subsection:
       ``(f) Report.--Not later than March 1, 2004, the 
     Comptroller General shall submit to Congress a report on--
       ``(1) the effectiveness of the implementation of the 
     provisions enacted by this section;
       ``(2) the extent to which the amount of time required to 
     award contracts and the administrative costs associated with 
     such contracts were reduced as a result of such 
     implementation;
       ``(3) the extent to which prices under such contracts 
     reflected the best value; and
       ``(4) any recommendations for improving the effectiveness 
     of the implementation of the provisions enacted by this 
     section.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Tom Davis) and the gentleman from Texas (Mr. Turner) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Tom Davis).


                             General Leave

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I would like to thank the leadership of the Chairman of 
the Committee on Government Reform on this important legislation, and I 
rise in strong support of H.R. 3921, the Acquisition and Streamlining 
Improvement Act of 2002. This bill extends for 2 years the Clinger-
Cohen Act's successful pilot program for streamlined acquisitions of 
commercially available items.
  The landmark Clinger-Cohen Act recognized the value of these 
streamlined procedures in its pilot program. They provide the 
foundation for establishing commercial-like responsiveness in this 
government when it buys commercial items.
  The streamlined procedures apply for purchases of $5 million or less 
when a contracting officer reasonably expects that offers in response 
to a solicitation will only include commercial items. They permit the 
use of shorter deadlines, fewer burdensome government-unique 
requirements, and minimized administrative costs. In sum, they give 
contracting officers greater discretion to select the most advantageous 
offer for the government and to do so in a business-like manner.
  This program has been very useful in a number of different areas. For 
example, the Pentagon recently used this authority to expedite repairs 
after the tragic terrorism attack on September 11. DOD set a goal of 
having the Pentagon restored by this fall, the 1-year anniversary of 
the attack. That is a very aggressive goal for such a complicated job. 
If one step in the process falls through, the entire project can fail.
  One significant step at the Pentagon has been the effort to quickly 
restore what DOD calls the critical pathway to the damaged wing. DOD 
used the Clinger-Cohen pilot program authority to buy routers and 
switches to reestablish the communications grid. Using conventional 
procurement procedures to buy this equipment would have added extra 
months and would have jeopardized the whole project's timely completion 
by the 1-year anniversary.
  The Clinger-Cohen pilot program helped DOD cut through the red tape 
of this critical pathway and on many other projects in the 
reconstruction. It also provides strategic management tools that the 
Department of Defense and other Federal agencies need to establish key 
acquisition projects in the

[[Page H1098]]

wake of terrorist attacks. Unfortunately, unless we act now, this 
important pilot program will expire at the end of this year.
  Governmentwide, we see Federal agencies continuing to grapple with 
barriers to buying the best value in the goods and services they need. 
Agencies need better management approaches and improved purchasing 
tools, including the Clinger-Cohen pilot program authority, to help 
acquisition managers meet their agency goals.
  Indeed, the Office of Federal Procurement Policy's survey of 
procurement executives showed that the streamlined acquisition 
authority in the Clinger-Cohen pilot has had a positive impact on the 
Federal procurement process. These procurement executives recommend 
continuing the program.
  The Subcommittee on Technology and Procurement Policy, which I chair, 
and the Committee on Government Reform, under the leadership of the 
gentleman from Indiana (Mr. Burton), have encouraged the development of 
commonsense approaches to acquisition policy.
  I have also been working in the subcommittee with the minority and 
with the administration for broader acquisition reform. I recently 
introduced H.R. 3832, the Services Acquisition Reform Act, SARA, which 
directs the Federal Government to adopt management reform techniques 
modeled after those of the private sector.
  I have also introduced H.R. 3426, the Federal Emergency Procurement 
Flexibility Act, with the gentleman from Pennsylvania (Mr. Weldon), my 
good friend, Senator John Warner and Senator Fred Thompson. This 
legislation came about after we were contacted last year by Governor 
Ridge and the Homeland Security Office about many of the ongoing 
barriers Federal agencies are experiencing in accessing the tools 
necessary to fight the war on terrorism. This legislation will provide 
agencies with the tools necessary to immediately access the latest 
commercial technologies, products and services to combat terrorism.
  The bill before us today, H.R. 3921, the Acquisitions Streamlining 
Improvement Act of 2002, allows agencies to continue to use the 
Clinger-Cohen pilot program streamlined procedures for the purchase of 
commercial items.

                              {time}  1430

  Mr. Speaker, if an item is available commercially and at a 
competitive price, the government should not have to go through a long, 
drawn-out procurement process. Where there are several competitors in a 
marketplace, and this competition is keeping prices in line, then 
streamlined acquisition procedures make sense, and save time and money. 
They make the government run smoother.
  In closing, I thank the gentleman from Indiana (Mr. Burton) who 
introduced this legislation. I thank the ranking member of the 
committee, the gentleman from California (Mr. Waxman), and the ranking 
member of the subcommittee, the gentleman from Texas (Mr. Turner), for 
working with us to make good suggestions in moving this legislation 
forward. I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TURNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from Virginia (Mr. Tom Davis) for 
his leadership on this legislation. It is a continuing effort that we 
are making on our subcommittee that the gentleman from Virginia (Mr. 
Tom Davis) chairs to try to improve the process by which the Federal 
Government contracts for goods and services. It is, of course, a very 
challenging effort because it is important to not only improve and 
streamline the process, but at the same time ensure that the public's 
interest is protected, that the integrity of the contracting process is 
preserved, and that the taxpayers get the best deal for their dollars.
  Under this bill, pilot authority that was previously granted under 
law is extended for an additional 2-year period of time, allowing 
acquisition procedures to be simplified for the purchase of commercial 
items up to $5 million in value. This authority began in 1996, and it 
was granted a 1-year extension in last year's defense authorization 
bill. The bill also requires the General Accounting Office to report to 
us on the effectiveness of this provision and to determine whether or 
not it has in fact reduced administrative time and costs in awarding 
contracts, while at the same time protecting the public's interest.
  I thank the gentleman for including several suggestions that came 
from our side on this issue. I believe we have a strong bill as a 
result, and I am hopeful that this will once again prove to be a step 
forward in the acquisition process followed by our Federal agencies. It 
is part of an effort that also involves strengthening the training, the 
ability of the contracting officers who, under this legislation and 
similar legislation, have greater responsibility and less review by 
their acquisition superiors. The contracting officers are the key to 
making this effort successful, and I am confident that the efforts that 
are being made to strengthen contracting throughout the Federal 
Government will prove beneficial to all.
  The decision to allow the use of simplified acquisition procedures to 
purchase commercial items up to $5 million in value is a well-intended 
effort to give our contracting officers more flexibility to do their 
job, thereby saving the taxpayers money and saving additional and 
unintended wastes of time and effort. This bill, by extending it for 
another period and sunsetting it, will give us the opportunity to be 
sure the bill is working as we have intended it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I 
may consume.
  I thank the gentleman from Texas (Mr. Turner) and the ranking member 
of the Committee on Government Reform (Mr. Waxman) for helping bring 
this bill to the floor. I think this bill is going to continue to 
improve acquisition responsiveness on the part of the Federal 
Government so that we can meet our goals, save the taxpayers money, and 
get the best value. I urge the adoption of this measure.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. TURNER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Walden of Oregon). The question is on 
the motion offered by the gentleman from Virginia (Mr. Tom Davis) that 
the House suspend the rules and pass the bill, H.R. 3921.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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