Public Law 108-447
[Click here for Conference Report. Click here for House Report 108-330 reprogramming guidelines. Click here for bill language originally drafted in the House.
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT
FINANCING, AND RELATED PROGRAMS FOR THE FISCAL YEAR ENDING
This Act may be cited as the “consolidated Appropriations Act, 2005.
SEC. 332. (a) 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 2005, not more than the maximum amount specified in paragraph (2)
may be used by the Secretary of Energy or the Secretary of the Interior to
initiate or continue competitive sourcing studies in fiscal year 2005 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 reprogramming
guidelines in House Report 108-330.
(2) For the purposes of paragraph (1) the maximum
amount--
(A) with respect to the Department of Energy is
$500,000; and
(B) with respect to the Department of the Interior
is $3,250,000.
(3) Of the funds appropriated by this Act, not more
than $2,000,000 may be used in fiscal year 2005 for competitive sourcing
studies and related activities by the Forest Service.
(b) COMPETITIVE SOURCING STUDY DEFINED- In this
section, 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.
(c) Section 340(b) of Public Law 108-108 is hereby
repealed.
(d) Competitive Sourcing Exemption for Forest
Service Studies Conducted Prior to Fiscal Year 2005- Notwithstanding
requirements of Office of Management and Budget Circular A-76, Attachment B,
the Forest Service is hereby exempted from implementing the Letter of
Obligation and post-competition accountability guidelines where a competitive
sourcing study involved 65 or fewer full-time equivalents, the performance
decision was made in favor of the agency provider; no net savings was achieved
by conducting the study, and the study was completed prior to the date of this
Act.
(e) In
preparing any reports to the Committees on Appropriations on competitive
sourcing activities, agencies funded in this Act shall include the incremental
cost directly attributable to conducting the competitive sourcing competitions,
including costs attributable to paying outside consultants and contractors and,
in accordance with full cost accounting principles, all costs attributable to
developing, implementing, supporting, managing, monitoring, and reporting on
competitive sourcing, including personnel, consultant, travel, and training
costs associated with program management.