II 109th CONGRESS 2d Session S. 2277 IN THE SENATE OF THE UNITED STATES February 13, 2006 Mr. Durbin (for himself, Mr. Dorgan, Mr. Johnson, and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To promote accountability and prevent fraud in Federal contracting.

1.

Short title

This Act may be cited as the Reconstruction Accountability and Fraud Prevention Act of 2005.

2.

Accountability in Federal contracting

(a)

In general

Except as provided in subsection (b), none of the funds appropriated or otherwise made available by the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public Law 109–61), by the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public Law 109–62), or through the Iraq Relief and Reconstruction Fund may be obligated or expended in connection with a contract or covered task order entered into after the date of the enactment of this Act with a contractor that, during the previous 5 years— (1)has been found by an executive agency or any Inspector General to have overcharged or improperly billed the Federal Government by a total of at least $10,000,000 through one or more overcharges; (2)has been found by an executive agency or any Inspector General to have committed one or more fraudulent acts resulting in total costs or losses to the Federal Government of at least $10,000,000; or (3)has been suspended or debarred for a period of at least one year under the Federal suspension and debarment regulations. (b)

National security waiver

The President may waive the restrictions under subsection (a) on a case-by-case basis if the President determines that such waiver is in the national security interest of the United States and submits to the appropriate congressional authorities a report describing the reasons for such determination. (c)

Definitions

In this Act: (1)

Appropriate congressional authorities

The term appropriate congressional authorities means— (A)the majority leader and the minority leader of the Senate; (B)the Speaker of the House of Representatives and the minority leader of the House of Representatives; and (C)the Committees on Appropriations of the Senate and the House of Representatives. (2)

Covered task order

The term covered task order means a task order valued at more than $10,000,000 entered into pursuant to a contract entered into before the date of the enactment of this Act. (3)

Executive agency

The term executive agency has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).