[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 876 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 876

  To require public disclosure of noncompetitive contracting for the 
 reconstruction of the infrastructure of Iraq, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2003

Mr. Wyden (for himself, Ms. Collins, Mrs. Clinton, Mr. Byrd, and Mr. 
        Lieberman) introduced the following bill; which was read twice 
        and referred to the Committee on Governmental AffairsYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
  To require public disclosure of noncompetitive contracting for the 
 reconstruction of the infrastructure of Iraq, and for other purposes.

    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 ``Sunshine in Iraq Reconstruction 
Contracting Act of 2003''.

SEC. 2. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE 
              RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ.

    (a) Disclosure Required.--
            (1) Publication and public availability.--The head of an 
        executive agency of the United States that enters into a 
        contract for the repair, maintenance, or construction of 
        infrastructure in Iraq without full and open competition shall 
        publish in the Federal Register or Commerce Business Daily and 
        otherwise make available to the public, not later than 30 days 
        after the date on which the contract is entered into, the 
        following information:
                    (A) The amount of the contract.
                    (B) A brief description of the scope of the 
                contract.
                    (C) A discussion of how the executive agency 
                identified, and solicited offers from, potential 
                contractors to perform the contract, together with a 
                list of the potential contractors that were issued 
                solicitations for the offers.
                    (D) The justification and approval documents on 
                which was based the determination to use procedures 
                other than procedures that provide for full and open 
                competition.
            (2) Inapplicability to contracts after fiscal year 2013.--
        Paragraph (1) does not apply to a contract entered into after 
        September 30, 2013.
    (b) Classified Information.--
            (1) Authority to withhold.--The head of an executive agency 
        may--
                    (A) withhold from publication and disclosure under 
                subsection (a) any document that is classified for 
                restricted access in accordance with an Executive order 
                in the interest of national defense or foreign policy; 
                and
                    (B) redact any part so classified that is in a 
                document not so classified before publication and 
                disclosure of the document under subsection (a).
            (2) Availability to congress.--In any case in which the 
        head of an executive agency withholds information under 
        paragraph (1), the head of such executive agency shall make 
        available an unredacted version of the document containing that 
        information to the chairman and ranking member of each of the 
        following committees of Congress:
                    (A) The Committee on Governmental Affairs of the 
                Senate and the Committee on Government Reform of the 
                House of Representatives.
                    (B) The Committees on Appropriations of the Senate 
                and House of Representatives.
                    (C) Each committee that the head of the executive 
                agency determines has legislative jurisdiction for the 
                operations of such department or agency to which the 
                information relates.
    (c) Fiscal Year 2003 Contracts.--This section shall apply to 
contracts entered into on or after October 1, 2002, except that, in the 
case of a contract entered into before the date of the enactment of 
this Act, subsection (a) shall be applied as if the contract had been 
entered into on the date of the enactment of this Act.
    (d) Relationship to Other Disclosure Laws.--Nothing in this section 
shall be construed as affecting obligations to disclose United States 
Government information under any other provision of law.
    (e) Definitions.--In this section, the terms ``executive agency'' 
and ``full and open competition'' have the meanings given such terms in 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403).
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