Volume 83 · 270
Public Law 91–129
To establish a Commission on Government Procurement.
Approved November 26, 1969
Statutory text
AN ACT
To establish a Commission on Government Procurement.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. declaration of policy
It is hereby declared to be the policy of Congress to promote economy, efficiency, and effectiveness in the procurement of goods, services and facilities by and for the executive branch of the Federal Government by—
establishing policies, procedures, and practices which will require the Government to acquire goods, services, and facilities of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive bidding to the maximum extent practicable;
improving the quality, efficiency, economy, and performance of Government procurement organizations and personnel;
avoiding or eliminating unnecessary overlapping or duplication of procurement and related activities;
avoiding or eliminating unnecessary or redundant requirements placed on contractor and Federal procurement officials;
identifying gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations, and directives, relating to or affecting procurement;
achieving greater uniformity and simplicity whenever appropriate, in procurement procedures;
coordinating procurement policies and programs of the several departments and agencies;
conforming procurement policies and programs, whenever appropriate, to other established Government policies and programs.
minimizing possible disruptive effects of Government procurement on particular industries, areas, or occupations;
improving understanding of Government procurement laws and policies within the Government and by organizations and individuals doing business with the Government;
promoting fair dealing and equitable relationships among the parties in Government contracting; and
otherwise promoting economy, efficiency, and effectiveness in Government procurement organizations and operations.
Sec. 2. establishment of the commission
To accomplish the policy set forth in section 1 of this Act, there is hereby established a commission to be known as the Commission on Government Procurement (in this Act referred to as the “Commission”).
Sec. 3. membership of the commission
The Commission shall be composed of twelve members, consisting of (1) three members appointed by the President of the Senate, two from the Senate (who shall not be members of the same political party), and one from outside the Federal Government, (2) three members appointed by the Speaker of the House of Representatives, two from the House. of Representatives (who shall not be members of the same political party), and one from outside the Federal Government, (3) five members appointed by the President of the
Appointment by President.
United States, two from the executive branch of the Government and three from outside the Federal Government, and (4) the Comptroller General of the United States.
The Commission shall select a Chairman and a Vice Chairman from among its members.
Seven members of the Commission shall constitute a quorum.
Any vacancies in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
Sec. 4. duties of the commission
The Commission shall study and investigate the present statutes affecting Government procurement; the procurement policies, rules, regulations, procedures, and practices followed by the departments, bureaus, agencies, boards, commissions, offices, independent establishments, and instrumentalities of the executive branch of the Federal Government; and the organizations by which procurement is accomplished to determine to what extent these facilitate the policy set forth in the first section of this Act.
Within two years from the date of enactment of this Act, the Commission shall make a final report to the Congress of its findings and of its recommendations fur changes in statutes, regulations, policies, and procedures designed to carry out the policy stated in section 1 of this Act. In the event the Congress is not in session at the end of such two-year period, the final report shall be submitted to the Clerk of the House and the Secretary of the Senate. The Commission may also make such interim reports as it deems advisable.
Sec. 5. compensation of members of the commission
Members of the Commission who are Members of Congress or who are officers or employees of the executive branch of the Federal Government, and the Comptroller General, shall receive no compensation for their services as members of the Commission, but shall be allowed necessary travel expenses (or in the alternative,
Travel expenses, etc.
mileage for use of privately owned vehicles and a per diem in lieu of subsistence not to exceed the rates prescribed in sections 5702 and 5704 of title 5, United States Code), and other necessary expenses
80 Stat. 498; Ante, p. 190.
incurred by them in the performance of duties vested in the Commission, without regard to the provisions of subchapter I, chapter 57 of title 5, United States Code, the Standardized Government Travel
Regulations, or section 5731 of title 5, United States Code.
The members of the Commission appointed from outside the
Travel expenses, etc.
Federal Government shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission in addition to reimbursement for travel, subsistence, and other necessary expenses in accordance with the provisions of the foregoing subsection.
Sec. 6. powers of the commission
The Commission, or at its direction any subcommittee
Hearings.
or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpena or otherwise the
Subpena.
attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission or such subcommittee or member may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. Subpenas may be issued under the signature of the Chairman or Vice Chairman and may be served by any person designated by the Chairman or the Vice Chairman.
In the case of contumacy or refusal to obey a subpena issued
Court orders.
under paragraph (1) of this subsection by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such court, upon application made by the Attorney General of the United States, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee or member thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by the court as a contempt thereof.
The Commission is authorized to acquire directly from the head
Cooperation of Federal agencies.
of any Federal department or agency information deemed useful in the discharge of its duties. All departments and agencies of the Government are hereby authorized and directed to cooperate with the Commission and to furnish all information requested by the Commission to the extent permitted by law. All such requests shall be made by or in the name of the Chairman or Vice Chairman of the Commission.
The Commission shall have power to appoint and fix the compensation
Compensation of personnel.
of such personnel as it deems advisable without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and such personnel may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of
80 Stat. 443, 467.
such title relating to classification and General Schedule pay rates, but no individual shall receive compensation at a rate in excess of the maximum rate authorized by the General Schedule. In addition, the Commission may procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code, but at rates for individuals not in excess of $100 per diem.
The Commission is authorized to negotiate and enter into contracts with private organizations and educational institutions to carry out such studies and prepare such reports as the Commission determines are necessary in order to carry out its duties.
Sec. 7. government departments and agencies authorized to aid commission
Any department or agency of the Government is authorized to provide for the Commission such services as the Commission requests on such basis, reimbursable or otherwise, as may be agreed between the department or agency and the Chairman or Vice Chairman. All such requests shall be made by or in the name of the Chairman or Vice Chairman of the Commission.
Sec. 8. termination of the commission
One hundred and twenty days after the submission of the
Ante, p. 270.
final report provided for in section 4 of this Act, the Commission shall cease to exist.
Sec. 9. authorization of appropriations
There are hereby authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this Act.
Approved November 26, 1969.