I
105TH CONGRESS
2D SESSION
H. R. 4840
To make certain technical amendments to the Act commonly known as the
Clinger-Cohen Act of 1996, and to provide that certain cost accounting
standards shall not be applied to the Federal Employees Health Benefit
program until the Cost Accounting Standards Board Review Panel sub-
mits its report and recommendations to Congress.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 14, 1998
Mrs. MORELLA (for herself and Mr. BARTLETT of Maryland) introduced the
following bill; which was referred to the Committee on Government Re-
form and Oversight
A BILL
To make certain technical amendments to the Act commonly
known as the Clinger-Cohen Act of 1996, and to provide
that certain cost accounting standards shall not be ap-
plied to the Federal Employees Health Benefit program
until the Cost Accounting Standards Board Review Panel
submits its report and recommendations to Congress.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF SAVINGS PROVISION OF
CLINGER-COHEN ACT OF 1996.
(a) SHORT TITLE.—This section may be cited as the
‘‘Savings Provision Technical Amendment Act of 1998’’.
(b) AMENDMENT OF SAVINGS PROVISION.—Section
5702 of division E of the National Defense Authorization
Act for Fiscal Year 1996 (commonly referred to as the
‘‘Clinger-Cohen Act of 1996’’) (division E of Public Law
104–106; 40 U.S.C. 1401 note) is amended—
(1) in subsection (a), by striking ‘‘All’’ and in-
serting in lieu thereof ‘‘Except as provided in sub-
section (d), all’’;
(2) in subsection (b), by inserting after ‘‘PRO-
CEEDINGS.—’’ the following: ‘‘Except as provided in
subsection (d)—’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) INAPPLICABILITY OF SUBSECTIONS (a) AND (b)
TO CERTAIN PROCEEDINGS INVOLVING DELEGATIONS OF
PROCUREMENT AUTHORITY.—Subsections (a) and (b)
shall not apply to any decision of the General Services
Board of Contract Appeals (whether or not such decision
is subsequently vacated)—
‘‘(1) that is issued in a proceeding described in
subsection (b)(1) involving a protest;
‘‘(2) that is issued after February 10, 1996,
and before the effective date described in section
5701; and
‘‘(3) that declares that a delegation of procure-
ment authority from the Administrator of General
Services or another source should have been ob-
tained and that a contract is void for lack of such
a delegation.’’.
(c) IMPLEMENTATION OF AMENDMENT.—In the case
of any decision of the General Services Board of Contract
Appeals covered by section 5702(d) of the National De-
fense Authorization Act for Fiscal Year 1996, as added
by subsection (b), the following provisions apply:
(1) The Administrator of General Services—
(A) shall take such actions as are nec-
essary to vacate the decision; and
(B) may not decide any further protest
with respect to the contract that was declared
void by such decision.
(2) The contracting activity that awarded the
contract that was declared void by such decision—
(A) shall deem the contract valid and in
full effect, notwithstanding any subsequent
event, action, or change in circumstances or re-
quirements;
(B) shall adhere to the terms of the con-
tract; and
(C) shall require performance of the con-
tract to begin 15 days after the date of the en-
actment of this Act (the Savings Provision
Technical Amendment Act of 1998) and to con-
tinue from that date for the number of years
prescribed by the contract when the contract
was awarded.
(3) The contract that was declared void by such
decision shall not be subject to any other protest.
Æ