Department of the Interior and
Related Agencies Appropriations Act, 2004 (Enrolled as Agreed to or Passed by
Both House and Senate) – [click here
for related conference report language]
SEC. 340. (a) JUSTIFICATION OF COMPETITIVE SOURCING
ACTIVITIES- (1) In each budget submitted by the President to Congress under
section 1105 of title 31, United States Code, for a fiscal year, beginning with
fiscal year 2005, amounts requested to perform competitive sourcing studies for
programs, projects, and activities listed in paragraph (2) shall be set forth
separately from other amounts requested.
(2)
Paragraph (1) applies to programs, projects, and activities--
(A) of the Department of the Interior for which
funds are appropriated by this Act;
(B) of
the
(C) of
the Department of Energy for which funds are appropriated by this Act.
(b) ANNUAL REPORTING REQUIREMENTS ON COMPETITIVE SOURCING
ACTIVITIES- (1) Not later than December 31 of each year, beginning with
December 31, 2003, the Secretary concerned shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report,
covering the preceding fiscal year, on the competitive sourcing studies
conducted by the Department of the Interior, the Forest Service, or the
Department of Energy, as appropriate, and the costs and cost savings to the
citizens of the United States of such studies.
(2) In
this subsection, the term `Secretary concerned' means--
(A) the Secretary of the Interior, with respect to
the Department of the Interior programs, projects, and activities for which
funds are appropriated by this Act;
(B) the
Secretary of Agriculture, with respect to the Forest Service; and
(C) the
Secretary of Energy, with respect to the Department of Energy programs,
projects, and activities for which funds are appropriated by this Act.
(3) The report under this subsection shall include,
for the fiscal year covered--
(A) the total number of competitions completed;
(B) the
total number of competitions announced, together with a list of the activities
covered by such competitions;
(C) the total
number of full-time equivalent Federal employees studied under completed
competitions;
(D) the
total number of full-time equivalent Federal employees being studied under
competitions announced, but not completed;
(E) the
incremental cost directly attributable to conducting the competitions
identified under subparagraphs (A) and (B), including costs attributable to
paying outside consultants and contractors;
(F) an
estimate of the total anticipated savings, or a quantifiable description of
improvements in service or performance, derived from completed competitions;
(G)
actual savings, or a quantifiable description of improvements in service or
performance, derived from the implementation of competitions;
(H) the
total projected number of full-time equivalent Federal employees covered by
competitions scheduled to be announced in the fiscal year; and
(I) a
description of how the competitive sourcing decision making processes are
aligned with strategic workforce plans.
(c) DECLARATION OF COMPETITIVE SOURCING STUDIES-
For fiscal year 2004, each of the Secretaries of executive departments referred
to in subsection (b)(2) shall submit a detailed competitive sourcing proposal
to the Committees on Appropriations of the Senate and the House of Representatives
not later than 60 days after the date of the enactment of this Act. The
proposal shall include, for each competitive sourcing study proposed to be
carried out by or for the Secretary concerned, the number of positions to be
studied, the amount of funds needed for the study, and the program, project,
and activity from which the funds will be expended.
(d)
LIMITATION ON COMPETITIVE SOURCING STUDIES- (1) Of the funds made available by
this or any other Act to the Department of Energy or the Department of the
Interior for fiscal year 2004, not more than the maximum amount specified in
paragraph (2)(A) may be used by the Secretary of Energy or the Secretary of the
Interior to initiate or continue competitive sourcing studies in fiscal year
2004 for programs, projects, and activities for which funds are appropriated by
this Act until such time as the Secretary concerned submits a reprogramming
proposal to the Committees on Appropriations of the Senate and the House of
Representatives, and such proposal has been processed consistent with the
fiscal year 2004 reprogramming guidelines.
(2) For
the purposes of paragraph (1)--
(A) the maximum amount--
(i) with respect to the Department of Energy is
$500,000; and
(ii)
with respect to the Department of the Interior is $2,500,000; and
(B) the fiscal year 2004 reprogramming guidelines
referred to in such paragraph are the reprogramming guidelines set forth in the
joint explanatory statement accompanying the Act (H.R. 2691, 108th Congress,
1st session), making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 2004, and for other
purposes.
(3) Of the funds appropriated by this Act, not more
than $5,000,000 may be used in fiscal year 2004 for competitive sourcing
studies and related activities by the Forest Service.
(e)
LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE- (1) None of the funds made
available in this or any other Act may be used to convert to contractor
performance an activity or function of the Forest Service, an activity or
function of the Department of the Interior performed under programs, projects,
and activities for which funds are appropriated by this Act, or an activity or
function of the Department of Energy performed under programs, projects, and
activities for which funds are appropriated by this Act, if such activity or
function is performed on or after the date of the enactment of this Act by more
than 10 Federal employees unless--
(A) the conversion is based on the result of a
public-private competition that includes a more efficient and cost effective
organization plan developed by such activity or function; and
(B) the
Competitive Sourcing Official determines that, over all performance periods
stated in the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by a contractor
would be less costly to the Federal Government by an amount that equals or
exceeds the lesser of--
(i) 10 percent of the more efficient organization's
personnel-related costs for performance of that activity or function by Federal
employees; or
(ii)
$10,000,000.
(2) This subsection shall not apply to a commercial
or industrial type function that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
(B) is
planned to be converted to performance by a qualified nonprofit agency for the
blind or by a qualified nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is
planned to be converted to performance by a qualified firm under at least 51
percent ownership by an Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a
Native Hawaiian Organization, as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)).
(3) The conversion of any activity or function
under the authority provided by this subsection shall be credited toward any
competitive or outsourcing goal, target, or measurement that may be established
by statute, regulation, or policy.
(f)
COMPETITIVE SOURCING STUDY DEFINED- In this subsection, the term `competitive
sourcing study' means a study on subjecting work performed by Federal
Government employees or private contractors to public-private competition or on
converting the Federal Government employees or the work performed by such
employees to private contractor performance under the Office of Management and
Budget Circular A-76 or any other administrative regulation, directive, or
policy.