legislation: 98-s-2842
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 98-s-2842 | 98 | s | 2842 | Consultant Reform and Disclosure Act of 1984 | Government Operations and Politics | 1984-06-29 | 1984-07-25 | Committee on Governmental Affairs requested executive comment from GSA, NASA, GAO, Office of Federal Procurement Policy, Defense Department, Energy Department. | Senate | Sen. Pryor, David H. [D-AR] | AR | D | P000556 | 2 | Consultant Reform and Disclosure Act of 1984 - Title I: Appointments - Permits the head of a Federal agency, when authorized by statute, to appoint and fix the compensation of experts or consultants for temporary or intermittent services, rather than to procure such services by contract. Establishes the pay rate for GS-18 as the maximum pay rate for experts and consultants for all agencies. Directs the Office of Personnel Management (OPM) to prescribe regulations governing the employment of experts and consultants by Federal agencies. Requires each agency to report periodically to OPM on the number of days each consultant or expert is employed and the amount each individual is paid. Directs each agency head to establish procedures for the review and approval of: (1) any determination relating to the need for the services of an appointed expert or consultant; and (2) the appointment of each expert or consultant. Title II: Contracts - Requires each Federal agency to transmit: (1) to the Secretary of Commerce for publication in the "Commerce Business Daily" a notice describing any proposed contract for consulting services, management and professional services, or a special study or analysis (service contract) expected to result in an award exceeding $10,000; and (2) to the agency Inspector General a notice describing and justifying any contract modification which increases the cost by $25,000 or more. Requires any report prepared pursuant to a service contract and any agency report derived from such report to disclose specified information concerning the contract and contractor. Directs each agency to prepare and maintain in its files an evaluation of the performance of the contractor for each service contract exceeding $50,000. Requires any contractor and any consultant or subcontractor thereof to include with any service contract bid, proposal, or modification submitted to the Department of Energy, the Department of Transportation, or the Environmental Protection Agency within three years after enactment of this Act a statement disclosing any past, present, or future work-related interest of the contractor which may bias the contractor's judgement or provide the contractor an unfair competitive advantage. Directs the head of each such agency to designate an office to evaluate such statements. Declares that if the office determines, before entering such a contract, that a conflict of interest exists, the agency head shall: (1) disqualify the contractor, consultant or subcontractor from eligibility for award of the proposed contract; (2) modify the proposed contract to eliminate such conflict; or (3) include in the agency records and transmit to Congress a statement concerning such conflict if there is need for immediate action or the contract services can be obtained from no other person. Declares that if the office determines, after entering such a contract, that a conflict of interest exists, the agency head shall: (1) terminate the existing contract; or (2) modify the existing contract to mitigate the conflict and report to Congress if termination is not in the best interest of the Government. Directs the Comptroller General and the Director of the Office of Management and Budget, within two years and nine months after the effective date of this title, to evaluate and report to Congress on the operation of provisions concerning contractor conflicts of interest and on the continuation, modification, or termination of such provisions. Directs each agency to include with its request for appropriations each year a statement identifying amounts requested for: (1) the procurement of consulting and professional services and special studies; and (2) all other procurement activities. Requires the annual budget transmitted by the President to Congress to include such requests for each agency and each agency's estimated outlays for such procurement. Directs each agency, by April 1 of the fiscal year preceding the fiscal year for which an annual budget is submitted, to transmit to the Committees on Appropriations of the Senate and the House of Representatives an analysis of, and justification for, each such request and outlay. Directs the Administrator for Federal Procurement Policy to establish a data system for the collection of information regarding all contracts of each agency. Requires the Administrator to make quarterly and annual reports to Congress on the information in the system on each agency. Requires each agency to: (1) compile quarterly a list of all contracts entered into by the agency in the last year and a list of all uncompleted contracts; (2) maintain a written justification of the need of each service contract; and (3) make such lists and statements available to the public. Declares that all contracts, excluding classified contracts, shall be considered public information. Exempts from the provisions of this title service contracts which are classified under the national security classification system or which related to sensitive law enforcement investigations or sensitive foreign intelligence or counterintelligence activities. | 2025-08-29T17:40:12Z |