,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ajgb  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ab1 #bjac    
,mr4 ,duncan of ,tennessee 7for himself1
 ,mrs4 ,blackburn1 ,mrs4 ,black1 ,mr4   
,hanna1 ,mr4 ,graves of ,missouri1 ,mr4 
,westmoreland1 ,mr4 ,huizenga of        
,michigan1 ,mr4 ,broun of ,georgia1 ,mr4
 ,benishek1 ,mr4 ,duncan of ,south      
,carolina1 ,mr4 ,coffman1 ,mr4 ,cramer1 
,mr4 ,graves of ,georgia1 and ,mr4      
,sessions7 introduced the following     
bill2 which was referred to the         
,committee on ,oversight and ,government
 ,reform  ,a ,,bill  ,to require that   
the ,federal ,government procure from   
the private sector the goods and        
services necessary for the operations   
and management of certain ,government   
agencies1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,freedom from ,government           
,competition ,act of #bjac4  #b4        
,findings ,congress makes the following 
findings3  7#a7 ,private sector business

 concerns1 which are free to respond to 
the private or public demands of the    
marketplace1 constitute the strength of 
the ,united ,states economic system4    
7#b7 ,competitive private enterprises   
are the most productive1 efficient1 and 
effective sources of goods and services4
  7#c7 ,unfair ,government competition  
with the private sector of the economy  
is detrimental to the ,united ,states   
economic system4  7#d7 ,unfair          
,government competition with the private
 sector of the economy is at an         
unacceptably high level1 both in scope  
and in dollar volume4  7#e7 ,current law
 and policy have failed to address      
adequately the problem of unfair        
,government competition with the private
 sector of the economy4  7#f7 ,it is in 
the public interest that the ,federal   
,government establish a consistent      
policy to rely on the private sector of 
the economy to provide goods and        
services necessary for or beneficial to 
the operation and management of ,federal

 agencies and to avoid unfair           
,government competition with the private
 sector of the economy4  #c4            
,definitions ,in this ,act1 the term    
agency means--  7#a7 an executive       
department as defined by section #aja of
 title #e1 ,united ,states ,code2  7#b7 
a military department as defined by     
section #ajb of such title2 and  7#c7 an
 independent establishment as defined by
 section #ajd7l7 of such title4  #d4    
,procurement from private sources  7a7  
,policy ,in the process of governing1   
the ,federal ,government should not     
compete with its citizens4 ,the         
competitive enterprise system1          
characterized by individual freedom and 
initiative1 is the primary source of    
national economic strength4 ,in         
recognition of this principle1 it has   
been and continues to be the general    
policy of the ,federal ,government--    
7#a7 to rely on commercial sources to   
supply the products and services the    
,government needs2  7#b7 to refrain from

 providing a product or service if the  
product or service can be procured more 
economically from a commercial source2  
and  7#c7 to utilize ,federal employees 
to perform inherently governmental      
functions 7as that term is defined in   
section #e of the ,federal ,activities  
,inventory ,reform ,act of #aiih        
7,public ,law #aje-bgj2 #aab ,stat4     
#bchd774  7b7 ,general rule ,except as  
provided in subsection 7c7 and          
notwithstanding any other provision of  
law1 each agency shall obtain all goods 
and services necessary for or beneficial
 to the accomplishment of its authorized
 functions by procurement from private  
sources4  7c7 ,exemptions ,subsection   
7b7 shall not apply to an agency with   
respect to goods or services if--  7#a7 
the goods or services are required by   
law to be produced or performed1        
respectively1 by the agency2 or  7#b7   
the head of the agency determines and   
certifies to ,congress in accordance    
with regulations promulgated by the     

,director of the ,office of ,management 
and ,budget that--  7,a7 ,federal       
,government production1 manufacture1 or 
provision of a good or service is       
necessary for the national defense or   
homeland security2  7,b7 a good or      
service is so inherently governmental in
 nature that it is in the public        
interest to require production or       
performance1 respectively1 by           
,government employees2 or  7,c7 there is
 no private source capable of providing 
the good or service4  7d7 ,method of    
procurement ,the provision of goods and 
services not exempt by subsection       
7c77#a7 or 7c77#b7 shall be performed by
 an entity in the private sector        
through--  7#a7 the divestiture of      
,federal involvement in the provision of
 a good or service2  7#b7 the award of a
 contract to an entity in the private   
sector1 using competitive procedures1 as
 defined in section #aeb of title #da1  
,united ,states ,code1 and section #bcjb
 of title #aj1 ,united ,states ,code2 or

  7#c7 conducting a public-private      
competitive sourcing analysis in        
accordance with the procedures          
established by the ,office of           
,management and ,budget and determining 
that using the assets1 facilities1 and  
performance of the private sector is in 
the best interest of the ,united ,states
 and that production or performance1    
respectively1 by the private sector     
provides the best value to the taxpayer4
  7e7 ,contracted activities ,the head  
of an agency may utilize ,federal       
employees to provide goods or services  
previously provided by an entity in the 
private sector upon completion of a     
public-private competitive sourcing     
analysis described in subsection        
7d77#c71 and after making a             
determination that the provision of such
 goods or services by ,federal employees
 provides the best value to the         
taxpayer4  7f7 ,regulations ,the        
,director of the ,office of ,management 
and ,budget shall promulgate such       

regulations as the ,director considers  
necessary to carry out this section4 ,in
 promulgating such regulations1 the     
,director shall assure that any ,state  
or territory1 or political subdivision  
of a ,state or territory1 complies with 
the policy and implements the           
requirements of this section when       
expending ,federal funds4  #e4 ,study   
and report ,the ,director of the ,office
 of ,management and ,budget1 in         
conjunction with the ,comptroller       
,general of the ,united ,states1 shall  
carry out a study to evaluate the       
activities carried out in each agency1  
including those identified as commercial
 and inherently governmental in nature  
in the inventory prepared pursuant to   
the ,federal ,activities ,inventory     
,reform ,act 7,public ,law #aje-bgj2 #ca
 ,u4,s4,c4 #eja note7 and shall transmit
 a report to the ,congress prior to     
,june #cj of each year4 ,the report     
shall include--  7#a7 an evaluation of  
the justification for exempting         

activities pursuant to section #d7;c72  
and  7#b7 a schedule for the transfer of
 commercial activities to the private   
sector1 pursuant to section #d7;d71 to  
be completed within #e years after the  
date on which such report is transmitted
 to the ,congress4