Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1554 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 1554
5	5	To require that the Federal Government procure from the private sector
6	6	the goods and services necessary for the operations and management
7	7	of certain Government agencies, and for other purposes.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	FEBRUARY25, 2025
10	10	Mr. B
11	11	EANof Florida (for himself, Mr. CLINE, and Mr. STUTZMAN) introduced
12	12	the following bill; which was referred to the Committee on Oversight and
13	13	Government Reform
14	14	A BILL
15	15	To require that the Federal Government procure from the
16	16	private sector the goods and services necessary for the
17	17	operations and management of certain Government agen-
18	18	cies, and for other purposes.
19	19	Be it enacted by the Senate and House of Representa-1
20	20	tives of the United States of America in Congress assembled, 2
21	21	SECTION 1. SHORT TITLE. 3
22	22	This Act may be cited as the ‘‘Freedom from Govern-4
23	23	ment Competition Act of 2025’’. 5
24	24	SEC. 2. FINDINGS. 6
25	25	Congress makes the following findings: 7
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29	29	(1) Private sector business concerns, which are 1
30	30	free to respond to the private or public demands of 2
31	31	the marketplace, constitute the strength of the 3
32	32	United States economic system. 4
33	33	(2) Competitive private enterprises are the most 5
34	34	productive, efficient, and effective sources of goods 6
35	35	and services. 7
36	36	(3) Unfair Government competition with the 8
37	37	private sector of the economy is detrimental to the 9
38	38	United States economic system. 10
39	39	(4) Unfair Government competition with the 11
40	40	private sector of the economy is at an unacceptably 12
41	41	high level, both in scope and in dollar volume. 13
42	42	(5) Current law and policy have failed to ad-14
43	43	dress adequately the problem of unfair Government 15
44	44	competition with the private sector of the economy. 16
45	45	(6) It is in the public interest that the Federal 17
46	46	Government establish a consistent policy to rely on 18
47	47	the private sector of the economy to provide goods 19
48	48	and services necessary for or beneficial to the oper-20
49	49	ation and management of Federal agencies and to 21
50	50	avoid unfair Government competition with the pri-22
51	51	vate sector of the economy. 23
52	52	SEC. 3. DEFINITIONS. 24
53	53	In this Act, the term ‘‘agency’’ means— 25
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57	57	(1) an executive department as defined by sec-1
58	58	tion 101 of title 5, United States Code; 2
59	59	(2) a military department as defined by section 3
60	60	102 of such title; and 4
61	61	(3) an independent establishment as defined by 5
62	62	section 104(l) of such title. 6
63	63	SEC. 4. PROCUREMENT FROM PRIVATE SOURCES. 7
64	64	(a) P
65	65	OLICY.—In the process of governing, the Fed-8
66	66	eral Government should not compete with its citizens. The 9
67	67	competitive enterprise system, characterized by individual 10
68	68	freedom and initiative, is the primary source of national 11
69	69	economic strength. In recognition of this principle, it has 12
70	70	been and continues to be the general policy of the Federal 13
71	71	Government— 14
72	72	(1) to rely on commercial sources to supply the 15
73	73	products and services the Government needs; 16
74	74	(2) to refrain from providing a product or serv-17
75	75	ice if the product or service can be procured more 18
76	76	economically from a commercial source; and 19
77	77	(3) to utilize Federal employees to perform in-20
78	78	herently governmental functions (as that term is de-21
79	79	fined in section 5 of the Federal Activities Inventory 22
80	80	Reform Act of 1998 (Public Law 105–270; 112 23
81	81	Stat. 2384)). 24
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85	85	(b) GENERALRULE.—Except as provided in sub-1
86	86	section (c) and notwithstanding any other provision of law, 2
87	87	each agency shall obtain all goods and services necessary 3
88	88	for or beneficial to the accomplishment of its authorized 4
89	89	functions by procurement from private sources. 5
90	90	(c) E
91	91	XEMPTIONS.—Subsection (b) shall not apply to 6
92	92	an agency with respect to goods or services if— 7
93	93	(1) the goods or services are required by law to 8
94	94	be produced or performed, respectively, by the agen-9
95	95	cy; or 10
96	96	(2) the head of the agency determines and cer-11
97	97	tifies to Congress in accordance with regulations 12
98	98	promulgated by the Director of the Office of Man-13
99	99	agement and Budget that— 14
100	100	(A) Federal Government production, man-15
101	101	ufacture, or provision of a good or service is 16
102	102	necessary for the national defense or homeland 17
103	103	security; 18
104	104	(B) a good or service is so critical to the 19
105	105	mission of the agency or so inherently govern-20
106	106	mental in nature that it is in the public interest 21
107	107	to require production or performance, respec-22
108	108	tively, by Government employees; or 23
109	109	(C) there is no private source capable of 24
110	110	providing the good or service. 25
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114	114	(d) METHOD OFPROCUREMENT.—The provision of 1
115	115	goods and services not exempt by subsection (c)(1) or 2
116	116	(c)(2) shall be performed by an entity in the private sector 3
117	117	through— 4
118	118	(1) the divestiture of Federal involvement in the 5
119	119	provision of a good or service; 6
120	120	(2) the award of a contract to an entity in the 7
121	121	private sector, using competitive procedures, as de-8
122	122	fined in section 152 of title 41, United States Code, 9
123	123	and section 2302 of title 10, United States Code; or 10
124	124	(3) conducting a public-private competitive 11
125	125	sourcing analysis in accordance with the procedures 12
126	126	established by the Office of Management and Budg-13
127	127	et and determining that using the assets, facilities, 14
128	128	and performance of the private sector is in the best 15
129	129	interest of the United States and that production or 16
130	130	performance, respectively, by the private sector pro-17
131	131	vides the best value to the taxpayer. 18
132	132	(e) C
133	133	ONTRACTEDACTIVITIES.—The head of an agen-19
134	134	cy may utilize Federal employees to provide goods or serv-20
135	135	ices previously provided by an entity in the private sector 21
136	136	upon completion of a public-private competitive sourcing 22
137	137	analysis described in subsection (d)(3), and after making 23
138	138	a determination that the provision of such goods or serv-24
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142	142	ices by Federal employees provides the best value to the 1
143	143	taxpayer. 2
144	144	(f) R
145	145	EGULATIONS.—The Director of the Office of 3
146	146	Management and Budget shall promulgate such regula-4
147	147	tions as the Director considers necessary to carry out this 5
148	148	section. In promulgating such regulations, the Director 6
149	149	shall assure that any State or territory, or political sub-7
150	150	division of a State or territory, complies with the policy 8
151	151	and implements the requirements of this section when ex-9
152	152	pending Federal funds. 10
153	153	SEC. 5. STUDY AND REPORT. 11
154	154	The Director of the Office of Management and Budg-12
155	155	et, after consultation with the Comptroller General of the 13
156	156	United States, shall carry out a study to evaluate the ac-14
157	157	tivities carried out in each agency, including those identi-15
158	158	fied as commercial and inherently governmental in nature 16
159	159	in the inventory prepared pursuant to the Federal Activi-17
160	160	ties Inventory Reform Act of 1998 (Public Law 105–270; 18
161	161	31 U.S.C. 501 note) and shall transmit a report to the 19
162	162	Congress prior to June 30 of each year. The report shall 20
163	163	include— 21
164	164	(1) an evaluation of the justification for ex-22
165	165	empting activities pursuant to section 4(c); and 23
166	166	(2) a schedule for the transfer of commercial 24
167	167	activities to the private sector, pursuant to section 25
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171	171	4(d), to be completed within 5 years after the date 1
172	172	on which such report is transmitted to the Congress. 2
173	173	Æ
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