108th CONGRESS
2d Session
H. R. 4228
To provide for an improved acquisition system.
IN THE HOUSE OF REPRESENTATIVES
April 28, 2004
Mr. TOM DAVIS of Virginia (for himself and Mr. HUNTER) introduced the following
bill; which was referred to the Committee on Government Reform, and in addition
to the Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To provide for an improved acquisition system.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Acquisition System Improvement
Act'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ACQUISITION IMPROVEMENTS
Sec. 101. Government-industry exchange program.
Sec. 102. Share-in-savings initiatives.
Sec. 103. Inflation adjustment for acquisition-related dollar thresholds.
Sec. 104. Agency acquisition protests.
Sec. 105. Extension of authority for use of simplified acquisition procedures.
Sec. 106. Redundancy in procurement of telecommunications services.
TITLE II--CONTRACT DISPUTE ENHANCEMENT
Subtitle A--General Provisions
Subtitle B--Establishment of Civilian and Defense Boards of Contract Appeals
Sec. 224. Rulemaking authority.
Sec. 225. Authorization of appropriations.
Subtitle C--Functions of Defense and Civilian Boards of Contract Appeals
Sec. 231. Contract disputes.
Sec. 232. Enhanced access for small business.
Sec. 233. Applicability to certain contracts.
Subtitle D--Transfers and Transition, Savings, and Conforming Provisions
Sec. 241. Transfer and allocation of appropriations and personnel.
Sec. 242. Terminations and savings provisions.
Sec. 243. Contract disputes authority of Boards.
Sec. 244. References to agency Boards of contract appeals.
Sec. 245. Conforming amendments.
Subtitle E--Effective Date; Regulations and Appointment of Chairmen
Sec. 251. Effective date.
Sec. 253. Appointment of Chairmen of Defense Board and Civilian Board.
TITLE I--ACQUISITION IMPROVEMENTS
SEC. 101. GOVERNMENT-INDUSTRY EXCHANGE PROGRAM.
(a) IN GENERAL- Subpart B of part III of title 5, United States Code, is amended
by adding at the end the following:
`CHAPTER 38--ACQUISITION PROFESSIONAL EXCHANGE PROGRAM
`3802. General provisions.
`3803. Assignment of employees to private sector organizations.
`3804. Assignment of employees from private sector organizations.
`3805. Reporting requirement.
`Sec. 3801. Definitions
`For purposes of this chapter--
`(A) subject to subparagraph (B), means an executive agency; and
`(i) the General Accounting Office;
`(ii) an Office of Inspector General of an establishment or a designated
Federal entity established under the Inspector General Act of 1978;
and
`(iii) the Defense Contract Audit Agency referred to in section 2313(b)
of title 10; and
`(2) the term `detail' means--
`(A) the assignment or loan of an employee of an agency to a private sector
organization without a change of position from the agency that employs
the individual, or
`(B) the assignment or loan of an employee of a private sector organization
to an agency without a change of position from the private sector organization
that employs the individual,
whichever is appropriate in the context in which such term is used.
`Sec. 3802. General provisions
`(a) ASSIGNMENT AUTHORITY- On request from or with the agreement of a private
sector organization, and with the consent of the employee concerned, the head
of an agency may arrange for the assignment of an employee of the agency to
a private sector organization or an employee of a private sector organization
to the agency. An eligible employee is an individual who--
`(1) works in the field of Federal acquisition or acquisition management;
`(2) is considered an exceptional performer by the individual's current
employer; and
`(3) is expected to assume increased acquisition management responsibilities
in the future.
An employee of an agency shall be eligible to participate in this program
only if the employee is employed at the GS-11 level or above (or equivalent)
and is serving under a career or career-conditional appointment or an appointment
of equivalent tenure in the excepted service.
`(b) AGREEMENTS- Each agency that exercises its authority under this chapter
shall provide for a written agreement between the agency and the employee
concerned regarding the terms and conditions of the employee's assignment.
In the case of an employee of the agency, the agreement shall--
`(1) require the employee to serve in the civil service, upon completion
of the assignment, for a period equal to the length of the assignment; and
`(2) provide that, in the event the employee fails to carry out the agreement
(except for good and sufficient reason, as determined by the head of the
agency from which assigned) the employee shall be liable to the United States
for payment of all expenses of the assignment.
An amount under paragraph (2) shall be treated as a debt due the United States.
`(c) TERMINATION- Assignments may be terminated by the agency or private sector
organization concerned for any reason at any time.
`(d) DURATION- Assignments under this chapter shall be for a period of between
6 months and 1 year, and may be extended in 3-month increments for a total
of not more than 1 additional year, except that no assignment under this
chapter may commence after the end of the 5-year period beginning on the date
of the enactment of this chapter.
`(e) ASSISTANCE- The Administrator for Federal Procurement Policy, by agreement
with the Office of Personnel Management, may assist in the administration
of this chapter, including by maintaining lists of potential candidates for
assignment under this chapter, establishing mentoring relationships for the
benefit of individuals who are given assignments under this chapter, and publicizing
the program.
`(f) CONSIDERATIONS- In exercising any authority under this chapter, an agency
shall take into consideration--
`(1) the need to ensure that small business concerns are appropriately represented
with respect to the assignments described in sections 3803 and 3804, respectively;
and
`(2) how assignments described in section 3803 might best be used to help
meet the needs of the agency for the training of employees in acquisition
management.
`Sec. 3803. Assignment of employees to private sector organizations
`(a) IN GENERAL- An employee of an agency assigned to a private sector organization
under this chapter is deemed, during the period of the assignment, to be on
detail to a regular work assignment in his agency.
`(b) Coordination With Chapter 81- Notwithstanding any other provision of
law, an employee of an agency assigned to a private sector organization under
this chapter is entitled to retain coverage, rights, and benefits under subchapter
I of chapter 81, and employment during the assignment is deemed employment
by the United States, except that, if the employee or the employee's dependents
receive from the private sector organization any payment under an insurance
policy for which the premium is wholly paid by the private sector organization,
or other benefit of any kind on account of the same injury or death, then,
the amount of such payment or benefit shall be credited against any compensation
otherwise payable under subchapter I of chapter 81.
`(c) REIMBURSEMENTS- The assignment of an employee to a private sector organization
under this chapter may be made with or without reimbursement by the private
sector organization for the travel and transportation expenses to or from
the place of assignment, subject to the same terms and conditions as apply
with respect to an employee of a Federal agency or a State or local government
under section 3375, and for the pay, or a part thereof, of the employee during
assignment. Any reimbursements shall be credited to the appropriation of the
agency used for paying the travel and transportation expenses or pay.
`(d) TORT LIABILITY; SUPERVISION- The Federal Tort Claims Act and any other
Federal tort liability statute apply to an employee of an agency assigned
to a private sector organization under this chapter. The supervision of the
duties of an employee of an agency so assigned to a private sector organization
may be governed by an agreement between the agency and the organization.
`(e) SMALL BUSINESS CONCERNS-
`(1) IN GENERAL- The head of each agency shall take such actions as may
be necessary to ensure that, of the assignments made under this chapter
from such agency to private sector organizations in each year, at least
20 percent are to small business concerns.
`(2) DEFINITIONS- For purposes of this subsection--
`(A) the term `small business concern' means a business concern that satisfies
the definitions and standards specified by the Administrator of the Small
Business Administration under section 3(a)(2) of the Small Business Act
(as from time to time amended by the Administrator);
`(B) the term `year' refers to the 12-month period beginning on the date
of the enactment of this chapter, and each succeeding 12-month period
in which any assignments under this chapter may be made; and
`(C) the assignments `made' in a year are those commencing in such year.
`(3) REPORTING REQUIREMENT- An agency which fails to comply with paragraph
(1) in a year shall, within 90 days after the end of such year, submit a
report to the Committees on Government Reform and Small Business of the
House of Representatives and the Committees on Governmental Affairs and
Small Business of the Senate. The report shall include--
`(A) the total number of assignments made under this chapter from such
agency to private sector organizations in the year;
`(B) of that total number, the number (and percentage) made to small business
concerns; and
`(C) the reasons for the agency's noncompliance with paragraph (1).
`(4) EXCLUSION- This subsection shall not apply to an agency in any year
in which it makes fewer than 5 assignments under this chapter to private
sector organizations.
`Sec. 3804. Assignment of employees from private sector organizations
`(a) IN GENERAL- An employee of a private sector organization assigned to
an agency under this chapter is deemed, during the period of the assignment,
to be on detail to such agency.
`(b) TERMS AND CONDITIONS- An employee of a private sector organization assigned
to an agency under this chapter--
`(1) may continue to receive pay and benefits from the private sector organization
from which he is assigned;
`(2) is deemed, notwithstanding subsection (a), to be an employee of the
agency for the purposes of--
`(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905,
and 1913 of title 18;
`(C) sections 1343, 1344, and 1349(b) of title 31;
`(D) the Federal Tort Claims Act and any other Federal tort liability
statute;
`(E) the Ethics in Government Act of 1978;
`(F) section 1043 of the Internal Revenue Code of 1986; and
`(G) section 27 of the Office of Federal Procurement Policy Act;
`(3) may not have access to any trade secrets or to any other nonpublic
information which is of commercial value to the private sector organization
from which he is assigned; and
`(4) is subject to such regulations as the President may prescribe.
The supervision of an employee of a private sector organization assigned to
an agency under this chapter may be governed by agreement between the agency
and the private sector organization concerned. Such an assignment may be made
with or without reimbursement by the agency for the pay, or a part thereof,
of the employee during the period of assignment, or for any contribution of
the private sector organization to employee benefit systems.
`(c) Coordination With Chapter 81- An employee of a private sector organization
assigned to an agency under this chapter who suffers disability or dies as
a result of personal injury sustained while performing duties during the assignment
shall be treated, for the purpose of subchapter I of chapter 81, as an employee
as defined by section 8101 who had sustained the injury in the performance
of duty, except that, if the employee or the employee's dependents receive
from the private sector organization any payment under an insurance policy
for which the premium is wholly paid by the private sector organization, or
other benefit of any kind on account of the same injury or death, then, the
amount of such payment or benefit shall be credited against any compensation
otherwise payable under subchapter I of chapter 81.
`(d) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE FEDERAL GOVERNMENT-
A private sector organization may not charge the Federal Government, as direct
or indirect costs under a Federal contract, the costs of pay or benefits paid
by the organization to an employee assigned to an agency under this chapter
for the period of the assignment.
`Sec. 3805. Reporting requirement
`(a) IN GENERAL- The Office of Personnel Management shall, not later than
April 30 and October 31 of each year, prepare and submit to the Committee
on Government Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate a semiannual report summarizing the operation
of this chapter during the immediately preceding 6-month period ending on
March 31 and September 30, respectively.
`(b) CONTENT- Each report shall include, with respect to the 6-month period
to which such report relates--
`(1) the total number of individuals assigned to, and the total number of
individuals assigned from, each agency during such period;
`(2) a brief description of each assignment included under paragraph (1),
including--
`(A) the name of the assigned individual, as well as the private sector
organization and the agency (including the specific bureau or other agency
component) to or from which such individual was assigned;
`(B) the respective positions to and from which the individual was assigned,
including the duties and responsibilities and the pay grade or level associated
with each; and
`(C) the duration and objectives of the individual's assignment; and
`(3) such other information as the Office considers appropriate.
`(c) PUBLICATION- A copy of each report submitted under subsection (a)--
`(1) shall be published in the Federal Register; and
`(2) shall be made publicly available on the Internet.
`(d) AGENCY COOPERATION- On request of the Office, agencies shall furnish
such information and reports as the Office may require in order to carry out
this section.
`Sec. 3806. Regulations
`The Director of the Office of Personnel Management shall prescribe regulations
for the administration of this chapter.'.
(b) REPORT- Not later than 4 years after the date of the enactment of this
Act, the General Accounting Office shall prepare and submit to the Committee
on Government Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate a report on the operation of chapter 38
of title 5, United States Code (as added by this section). Such report shall
include--
(1) an evaluation of the effectiveness of the program established by such
chapter; and
(2) a recommendation as to whether such program should be continued (with
or without modification) or allowed to lapse.
(c) CLERICAL AMENDMENT- The table of chapters at the beginning of part III
of title 5, United States Code, is amended by inserting after the item relating
to chapter 37 the following:
--3801'.
(d) COORDINATION WITH ACQUISITION WORKFORCE PROVISIONS OF OFFICE OF FEDERAL
PROCUREMENT POLICY ACT- Section 37 of the Office of Federal Procurement Policy
Act (41 U.S.C. 433) is amended by adding at the end the following new subsection:
`(i) AUTHORITY TO DETAIL EMPLOYEES TO NON-FEDERAL EMPLOYERS- (1) In carrying
out the provisions of this section, the Administrator, by agreement with the
Director of the Office of Personnel Management, may provide for a program
under which a Federal employee may be detailed to a non-Federal employer.
The Administrator, by agreement with the Director of the Office of Personnel
Management, shall prescribe regulations for such program, including the conditions
for service and duties as the Administrator considers necessary.
`(2) An assignment described in section 3803 of title 5, United States Code,
may not be made unless a program under paragraph (1) is established, and the
assignment is made in accordance with the requirements of such program.'.
(1) ONE-YEAR RESTRICTION ON CERTAIN COMMUNICATIONS- Section 207(c)(2)(A)(v)
of title 18, United States Code, is amended by inserting `or 38' after `chapter
37'.
(2) DISCLOSURE OF CONFIDENTIAL INFORMATION- Section 1905 of title 18, United
States Code, is amended by inserting `or 38' after `chapter 37'.
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