Consulting Reform and Disclosure Act of 1981
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Consulting Reform and Disclosure Act of 1981 - Title I: Appointments - Permits the head of a Federal agency (excluding the General Accounting Office) 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: (1) to report periodically to OPM the number of days each consultant or expert is employed and the amount each individual is paid; and (2) to count such individuals as fractions of persons (depending on the number of hours they are employed) in administering any personnel ceiling. Prohibits an agency from initiating any action to obtain consultant or expert services by contract unless it has been certified that all reasonable steps have been taken to obtain such services by appointment. 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 that any report prepared pursuant to a service contract and any agency report derived from such report 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 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 or to any agency thereafter 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 that a conflict of interest exists, the agency head shall: (1) disqualify the contractor of the consultant or subcontractor from eligibility for award of the proposed contract; (2) modify the proposed contract to eliminate such conflict; (3) include in the agency records and transmit to Congress a statement concerning such conflict if the contract services can be obtained from no other person; (4) terminate the existing contract; or (5) modify the existing contract to mitigate the conflict and report to Congress if termination is not in the best interest of the Government. 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; (2) the procurement of other services; and (3) all other procurement activities. Requires the annual budget transmitted by the President to Congress to include such requests for each agency, each agency's estimated outlays for such procurement, and a statement justifying such requests and outlays. 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. Directs an agency to consider an employee's compliance with agency rules and procedures applicable to contracting functions when: (1) evaluating the performance of a member of the Senior Executive Service; and (2) determining any pay increase for a supervisor or manager under the merit pay system.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on July 9, 1981. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on May 11, 1982: Subcommittee Hearings Held.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 97th Congress (1981-82), 473 of the 11,489 bills and joint resolutions introduced became law, about 4.1 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
GERALDINE FERRARO (D-NY) introduced it on July 9, 1981, and 24 members have since signed on as cosponsors.
They come from both major parties: 20 Democrats, 4 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on July 9, 1981, 16499 days ago. The most recent recorded action was 16193 days ago, on May 11, 1982.
Measures do not carry over. Anything the 97th Congress has not finished by January 3, 1983 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers