Public Law 108-375
 
[Click here for Conference Report. Click here for changes in context of Title 31.]
 
SECTION 1. SHORT TITLE.
 
This Act may be cited as the ``Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005''.
 
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76.
 
 (a) Treatment of Agency Tender Official as Interested Party.--
Section 3551(2) of title 31, United States Code, is amended--
 (1) by inserting ``(A)'' after ``(2)''; and
 (2) by adding at the end the following new subparagraph:
 ``(B) The term includes the official responsible for 
 submitting the Federal agency tender in a public-private 
 competition conducted under Office of Management and Budget 
 Circular A-76 regarding an activity or function of a Federal 
 agency performed by more than 65 full-time equivalent employees 
 of the Federal agency.''.
 
 (b) Filing of Protest on Behalf of Federal Employees.--Section 3552 
of such title is amended--
 (1) by inserting ``(a)'' before ``A protest''; and
  (2) by adding at the end the following new subsection:
 “(b)(1) In the case of an agency tender official who is an interested party
under section 3551(2)(B) of this title, the official may file a protest in
connection with the public-private competition for which the official is an 
interested party. At the request of a majority of the employees of the 
Federal agency who are engaged in the performance of the activity or 
function subject to such public-private competition, the official shall file a 
protest in connection with such public-private competition unless the 
official determines that there is no reasonable basis for the protest.
 (2) The determination of an agency tender official under paragraph (1) 
whether or not to file a protest is not subject to administrative or judicial 
review. An agency tender official shall provide written notification to 
Congress whenever the official makes a determination under paragraph (1) 
that there is no reasonable basis for a protest.”.
 
 (c) Intervention in Protest.--Section 3553 of such title is amended 
by adding at the end the following new subsection:
 ``(g) If an interested party files a protest in connection with a public-private 
competition described in section 3551(2)(B) of this title, a person representing a 
majority of the employees of the Federal agency who are engaged in the 
performance of the activity or function subject to the public-private competition 
may intervene in protest.''.
 
 (d) <<NOTE: 31 USC 3551 note.>> Applicability.--The amendments made 
by this section shall apply to protests filed under subchapter V of 
chapter 35 of title 31, United States Code, that relate to studies 
initiated under Office of Management and Budget Circular A-76 on or 
after the end of the 90-day period beginning on the date of the 
enactment of this Act.
 
 (e) <<NOTE: 31 USC 3551 note.>> Rule of Construction.--The 
amendments made by this section shall not be construed to authorize the 
use of a protest under subchapter V of chapter 35 of title 31, United 
States Code, with regard to a decision made by an agency tender 
official.