1.This Act may be cited as the &short-title1;
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2.Requirement for submission to Congress of contracts proposed to be awarded using noncompetitive procedures
(a)Before the award of a contract in an amount greater than $1,000,000 using procedures other than competitive procedures, the head of an agency shall submit to Congress a written notification that includes a copy of the contract, the proposed date of award of the contract, and a detailed explanation and justification of the contract.
(b)Period for Congressional disapprovalThe head of an agency may not award a contract described in subsection (a) before the expiration of 30 legislative days after the date of submission by the agency of the notification under subsection (a), except that the contract may be entered into immediately after one of the following occurs:
(1)Either House of Congress considers a joint resolution described in section 3(a) with respect to the contract and fails to pass it.
(2)The time period has expired for Congress to reconsider such a resolution after a presidential veto, and Congress did not override the veto during such period.
(c)Procedures other than competitive proceduresFor purposes of this section, a contract is entered into using procedures other than competitive procedures if it is entered into—
(1)in the case of a defense contract, pursuant to the authority provided under section 2304(c) of title 10, United States Code; and
(2)in the case of any contract other than a defense contract, pursuant to the authority provided under section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)).
(d)In this Act, the term legislative day
means a day on which either House of Congress is in session, except the term does not include any day a House is in session during the period beginning on the date a joint resolution described in section 3(a) is presented to the President and ending on the date the joint resolution becomes law or is vetoed.
3.Congressional consideration of resolution of disapproval of proposed contracts
(a)For purposes of this section, the term joint resolution
means only a joint resolution which is introduced within the 5 legislative days beginning on the date on which the head of an agency submits a notification to Congress under section 2(a) and—
(1)which does not have a preamble;
(2)the matter after the resolving clause of which is as follows: That Congress disapproves the proposed contract as submitted by ___ on ___, and such contract may not be awarded.
(the blank spaces being filled in with the appropriate agency head and date); and
(3)the title of which is as follows: Joint resolution disapproving proposed contract submitted by ___ on ___.
(the blank spaces being filled in with the appropriate agency head and date).
(b)If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the period of 10 legislative days beginning on the date on which the agency submits the notification under section 2(a), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.
(c)
(1)On or after the third day after the date on which a joint resolution is reported or discharged from committee pursuant to subsection (b), it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.
(2)Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.
(4)Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.
(d)Consideration by other house
(1)If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply:
(A)The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).
(B)With respect to a resolution described in subsection (a) of the House receiving the resolution—
(i)the procedure in that House shall be the same as if no resolution had been received from the other House; but
(ii) the vote on final passage shall be on the resolution of the other House.
(2)Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.
(e)In the case of a national emergency declared by the President, with respect to any contract subject to this Act for which the President determines there are urgent and compelling circumstances requiring the award of the contract without waiting for the expiration of the period of 30 legislative days under section 2(b), the President may award the contract using procedures other than competitive procedures pursuant to the authority provided in paragraphs (2) and (6) of section 2304(c) of title 10, United States Code (in the case of a defense contract) or paragraphs (2) and (6) of section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c) (in the case of contracts other than defense contracts).
(f)Rules of the senate and houseThis section is enacted by Congress—
(1) an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2)with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.