[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3275 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3275

To require transparency, increased competition in contracting, and the 
              increased use of Iraqi contractors in Iraq.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2003

Mrs. Maloney (for herself, Mr. Waxman, and Mr. Hinchey) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL


 
To require transparency, increased competition in contracting, and the 
              increased use of Iraqi contractors in Iraq.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Contracting in Iraq Act of 
2003''.

SEC. 2. TRANSPARENCY IN CONTRACTING: NOTIFICATION TO CONGRESS.

    (a) Notification to Congress.--(1) The head of an executive agency 
that enters into a contract, or task or delivery order under a task or 
delivery order contract, in excess of $1,000,000 relating to activities 
in Iraq shall, within 7 days after entering into the contract or order, 
notify the chairman and ranking member of the committees described in 
subsection (b) that the contract or order has been entered into.
    (2) Upon request of the chairman or ranking member of a committee 
described in subsection (b), the head of an executive agency shall 
provide, within 14 days after receipt of the request, unredacted copies 
of any documents required to be maintained in the contracting office 
contract file, the contract administration office contract file, and 
the paying office contract file pursuant to subpart 4.8 of the Federal 
Acquisition Regulation, including--
            (A) copies of the contract and all modifications;
            (B) orders issued under the contract;
            (C) justifications and approvals;
            (D) any government estimate of contract price;
            (E) source selection documentation;
            (F) cost or price analysis;
            (G) audit reports;
            (H) justification for type of contract;
            (I) authority for deviations from regulations, statutory 
        requirements, or other restrictions;
            (J) bills, invoices, vouchers, and supporting documents; 
        and
            (K) records of payments or receipts.
    (b) Committees.--The committees referred to in subsection (a) are 
the following:
            (1) The Committee on Governmental Affairs of the Senate and 
        the Committee on Government Reform of the House of 
        Representatives.
            (2) The Committees on Appropriations of the Senate and 
        House of Representatives.
            (3) Each committee that the head of the executive agency 
        determines has legislative jurisdiction for the operations of 
        the department or agency to which the contract, task or 
        delivery order, or documents referred to in paragraph (1) or 
        (2) of subsection (a) relates.

SEC. 3. COMPETITION IN CONTRACTING FOR THE RECONSTRUCTION OF 
              INFRASTRUCTURE IN IRAQ.

    (a) Requirements for Competition.--Notwithstanding any other 
provision of law, and subject to subsection (b), none of the funds 
appropriated by this Act to carry out sections 103 through 106 and 
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151b-2151d; 2346 et seq.) that are made available for assistance for 
Iraq may be used--
            (1) to enter into any Federal contract (including any 
        follow-on contract) through the use of procedures other than 
        competitive procedures (as defined in section 4(5) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 403(5)); or
            (2) for a task or delivery order in excess of $1,000,000 
        issued under a task or delivery order contract unless such 
        contract was awarded to two or more contractors, and such 
        contractors have a fair opportunity to be considered for the 
        task or delivery order.
    (b) Limitations.--(1) Subsection (a)(1) shall not apply in the case 
of a contract for which the Director of the Office of Management and 
Budget approves the use of procedures other than competitive procedures 
by reason of the application of paragraph (1), (2), (3), (4), (5), (6), 
or (7) under section 303(c) of title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253(c)).
    (2) Subsection (a)(2) shall not apply in the case of a task or 
delivery order contract for which the head of the executive agency 
concerned approves the application of paragraph (1), (2), (3) or (4) of 
section 303J(b) of title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253j(b)) to such contract.
    (c) Applicability.--This section shall not apply to contracts 
entered into before October 1, 2003.

SEC. 4. IRAQI INVOLVEMENT.

    (a) Plan.--The head of each executive agency entering into a 
contract relating to activities in Iraq shall develop a plan for 
minimizing costs to the Federal Government through the use of Iraqi 
firms.
    (b) Components of Plan.--(1) The plan shall require the head of 
each executive agency to assess, before entering into a contract 
relating to activities in Iraq, whether the use of Iraqi firms to carry 
out the contract could reduce the costs of such contract to the Federal 
Government.
    (2) The plan may provide for the waiver of otherwise applicable 
Federal procurement laws or regulations with respect to the contract if 
the head of the executive agency determines that such laws or 
regulations impede the ability of the executive agency to reduce the 
costs of such contract to the Federal Government through the use of 
Iraqi firms.
    (3) The plan shall ensure that all contracts with respect to which 
laws or regulations are waived pursuant to paragraph (2) are entered 
into using contracting procedures that are open, fair, accountable, 
and, to the maximum extent practicable, competitive.

SEC. 5. LEGAL STATUS OF COALITION PROVISIONAL AUTHORITY FOR IRAQ.

    In this section:
            (1) The term ``executive agency'' has the meaning given 
        such term in section 105 of title 5, United States Code. For 
        purposes of the following provisions of law, the term includes 
        the Coalition Provisional Authority for Iraq:
                    (A) Procurement statutes, including chapters 137 
                and 141 of title 10, United States Code, title III of 
                the Federal Property and Administrative Services Act of 
                1949 (41 U.S.C. 251 et seq.), and the Office of Federal 
                Procurement Policy Act (41 U.S.C. 403 et seq.).
                    (B) Section 552 of title 5, United States Code 
                (known as the Freedom of Information Act).
                    (C) Financial management statutes requiring the 
                preparation of audited financial statements, including 
                section 3535 of title 31, United States Code.
            (2) The term ``Coalition Provisional Authority for Iraq'' 
        means the entity charged by the President with directing 
        reconstruction efforts in Iraq.
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