[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1362 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1362

       To reform acquisition practices of the Federal Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2007

  Mr. Waxman introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To reform acquisition practices of the Federal Government.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Accountability in 
Contracting Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
           TITLE I--LIMITING THE USE OF ABUSE-PRONE CONTRACTS

Sec. 101. Limitation on length of noncompetitive contracts.
Sec. 102. Minimizing sole-source contracts.
Sec. 103. Minimizing cost-reimbursement type contracts.
                TITLE II--INCREASING CONTRACT OVERSIGHT

Sec. 201. Public disclosure of justification and approval documents for 
                            noncompetitive contracts.
Sec. 202. Disclosure of Government contractor overcharges.
Sec. 203. Funding contract oversight.
             TITLE III--DETERRING CORRUPTION IN CONTRACTING

Sec. 301. Additional provisions relating to procurement officials.

           TITLE I--LIMITING THE USE OF ABUSE-PRONE CONTRACTS

SEC. 101. LIMITATION ON LENGTH OF NONCOMPETITIVE CONTRACTS.

    (a) Revision of FAR.--Not later than one year after the date of the 
enactment of this Act, the Federal Acquisition Regulation shall be 
revised to restrict the contract period of any contract described in 
subsection (c) to the minimum contract period necessary--
            (1) to meet the urgent and compelling requirements of the 
        work to be performed under the contract; and
            (2) to enter into another contract for the required goods 
        or services through the use of competitive procedures.
    (b) Contract Period.--The regulations promulgated under subsection 
(a) shall require the contract period to not exceed 240 days, unless 
the head of the executive agency concerned determines that exceptional 
circumstances apply.
    (c) Covered Contracts.--This section applies to any contract in an 
amount greater than the simplified acquisition threshold entered into 
by an executive agency using procedures other than competitive 
procedures pursuant to the exception provided in section 303(c)(2) of 
the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253(c)(2)) or section 2304(c)(2) of title 10, United States Code.
    (d) Definitions.--In this section:
            (1) The term ``executive agency'' has the meaning provided 
        in section 4(1) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403(1)).
            (2) The term ``head of the executive agency'' means the 
        head of an executive agency except that, in the case of a 
        military department, the term means the Secretary of Defense.

SEC. 102. MINIMIZING SOLE-SOURCE CONTRACTS.

    (a) Plans Required.--Subject to subsection (c), the head of each 
executive agency covered by title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) and the 
head of each agency covered by chapter 137 of title 10, United States 
Code, shall develop and implement a plan to minimize the use of 
contracts entered into using procedures other than competitive 
procedures by the agency concerned. The plan shall contain measurable 
goals and shall be completed and submitted to the Committee on 
Oversight and Government Reform of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Committees on Appropriations of the House of Representatives 
and the Senate with a copy provided to the Comptroller General, not 
later than 1 year after the date of the enactment of this Act.
    (b) Comptroller General Review.--The Comptroller General shall 
review the plans provided under subsection (a) and submit a report to 
Congress on the plans not later than 18 months after the date of the 
enactment of this Act.
    (c) Requirement Limited to Certain Agencies.--The requirement of 
subsection (a) shall apply only to those agencies that awarded 
contracts in a total amount of at least $1,000,000,000 in the fiscal 
year preceding the fiscal year in which the report is submitted.

SEC. 103. MINIMIZING COST-REIMBURSEMENT TYPE CONTRACTS.

    (a) Plans Required.--Subject to subsection (c), the head of each 
executive agency covered by title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) and the 
head of each agency covered by chapter 137 of title 10, United States 
Code, shall develop and implement a plan to minimize the use of cost-
reimbursement type contracts by the agency concerned. The plan shall 
contain measurable goals and shall be completed and submitted to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committees on Appropriations of the 
House of Representatives and the Senate with a copy provided to the 
Comptroller General, not later than 1 year after the date of the 
enactment of this Act.
    (b) Comptroller General Review.--The Comptroller General shall 
review the plans provided under subsection (a) and submit a report to 
Congress on the plans not later than 18 months after the date of the 
enactment of this Act.
    (c) Requirement Limited to Certain Agencies.--The requirement of 
subsection (a) shall apply only to those agencies that awarded 
contracts in a total amount of at least $1,000,000,000 in the fiscal 
year preceding the fiscal year in which the report is submitted.

                TITLE II--INCREASING CONTRACT OVERSIGHT

SEC. 201. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR 
              NONCOMPETITIVE CONTRACTS.

    (a) Civilian Agency Contracts.----
            (1) In general.--Section 303 of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253) is amended 
        by adding at the end the following new subsection:
    ``(j)(1) In the case of a procurement permitted by subsection (c), 
the head of an executive agency shall make publicly available, within 
14 days after the award of the contract, the documents containing the 
justification and approval required by subsection (f)(1) with respect 
to the procurement.
    ``(2) The documents shall be made available on the website of the 
agency and through the Federal Procurement Data System.
    ``(3) This subsection does not require the public availability of 
information that is exempt from public disclosure under section 552(b) 
of title 5, United States Code.''.
            (2) Conforming amendment.--Section 303(f) of such Act is 
        amended--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraph (5) as paragraph 
                (4).
    (b) Defense Agency Contracts.--
            (1) In general.--Section 2304 of title 10, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(l)(1) In the case of a procurement permitted by subsection (c), 
the head of an agency shall make publicly available, within 14 days 
after the award of the contract, the documents containing the 
justification and approval required by subsection (f)(1) with respect 
to the procurement.
    ``(2) The documents shall be made available on the website of the 
agency and through the Federal Procurement Data System.
    ``(3) This subsection does not require the public availability of 
information that is exempt from public disclosure under section 552(b) 
of title 5, United States Code.''.
            (2) Conforming amendment.--Section 2304(f) of such title is 
        amended--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively.

SEC. 202. DISCLOSURE OF GOVERNMENT CONTRACTOR OVERCHARGES.

    (a) Quarterly Report to Congress.--
            (1) The head of each Federal agency or department shall 
        submit to the chairman and ranking member of each committee 
        specified in paragraph (2) on a quarterly basis a report that 
        includes the following:
                    (A) A list of audits or other reports issued during 
                the applicable quarter that describe contractor costs 
                in excess of $1,000,000 that have been identified as 
                unjustified, unsupported, questioned, or unreasonable 
                under any contract, task or delivery order, or 
                subcontract.
                    (B) The specific amounts of costs identified as 
                unjustified, unsupported, questioned, or unreasonable 
                and the percentage of their total value of the 
                contract, task or delivery order, or subcontract.
                    (C) A list of audits or other reports issued during 
                the applicable quarter that identify significant or 
                substantial deficiencies in the performance of any 
                contractor or in any business system of any contractor 
                under any contract, task or delivery order, or 
                subcontract.
            (2) The report described in paragraph (1) shall be 
        submitted to the Committee on Oversight and Government Reform 
        of the House of Representatives, the Committee on Homeland 
        Security and Governmental Affairs of the Senate, the Committees 
        on Appropriations of the House of Representatives and the 
        Senate, and other committees of jurisdiction.
            (3) Paragraph (1) shall not apply to an agency or 
        department with respect to a calendar quarter if no audits or 
        other reports described in paragraph (1) were issued during 
        that quarter.
    (b) Submission of Individual Audits.--The head of each Federal 
agency or department shall provide, within 14 days after a request in 
writing by the chairman or ranking member of any of the committees 
described in subsection (a)(2), a full and unredacted copy of any audit 
or other report described in subsection (a)(1).

SEC. 203. FUNDING CONTRACT OVERSIGHT.

    (a) Civilian Agency Contracts.--Title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is 
amended by adding at the end the following new section:

``SEC. 318. REQUIREMENT FOR 1 PERCENT OF CONTRACT AMOUNTS TO BE USED 
              FOR CONTRACT PERSONNEL, ADMINISTRATION, OVERSIGHT, AND 
              PLANNING.

    ``In addition to the sums used for the purposes listed in this 
section as of the date of the enactment of this section, each fiscal 
year, the head of an executive agency shall ensure that the agency uses 
an additional amount equal to 1 percent of the aggregate amount of 
contracts entered into by the agency during that fiscal year for the 
following purposes:
            ``(1) Hiring and training of acquisition workforce 
        personnel.
            ``(2) Contract planning.
            ``(3) Contract administration and oversight.
            ``(4) Contract audits and enforcement.''.
    (b) Defense Contracts.--Chapter 141 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2410p. Requirement for 1 percent of contract amounts to be used 
              for contract personnel, administration, oversight, and 
              planning
    ``In addition to the sums used for the purposes listed in this 
section as of the date of the enactment of this section, each fiscal 
year, the head of an agency (as defined in section 2302(1) of this 
title) shall ensure that the agency uses an additional amount equal to 
1 percent of the aggregate amount of contracts entered into by the 
agency during that fiscal year for the following purposes:
            ``(1) Hiring and training of acquisition workforce 
        personnel.
            ``(2) Contract planning.
            ``(3) Contract administration and oversight.
            ``(4) Contract audits and enforcement.''.

             TITLE III--DETERRING CORRUPTION IN CONTRACTING

SEC. 301. ADDITIONAL PROVISIONS RELATING TO PROCUREMENT OFFICIALS.

    (a) Elimination of Loopholes That Allow Former Federal Officials To 
Accept Compensation From Contractors or Related Entities.--Section 
27(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 
423(d)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or consultant'' and inserting 
                ``consultant, lawyer, or lobbyist'';
                    (B) by striking ``one year'' and inserting ``two 
                years''; and
                    (C) in subparagraph (C), by striking ``personally 
                made for the Federal agency--'' and inserting 
                ``participated personally and substantially in--''; and
            (2) by amending paragraph (2) to read as follows:
    ``(2) Paragraph (1) shall not prohibit a former official of a 
Federal agency from accepting compensation from any division or 
affiliate of a contractor that does not produce the same or similar 
products or services as the entity of the contractor that is 
responsible for the contract referred to in subparagraph (A), (B), or 
(C) of such paragraph if the agency's designated ethics officer 
determines that--
            ``(A) the offer of compensation is not a reward for any 
        action described in paragraph (1); and
            ``(B) acceptance of the compensation is appropriate and 
        will not affect the integrity of the procurement process.''.
    (b) Requirement for Federal Procurement Officers To Disclose Job 
Offers Made on Behalf of Relatives.--Section 27(c)(1) of such Act (41 
U.S.C. 423(c)(1)) is amended by inserting after ``that official'' the 
following: ``or for a relative of that official (as defined in section 
3110 of title 5, United States Code)''.
    (c) Requirement on Award of Government Contracts to Former 
Employers.--Section 27 of such Act (41 U.S.C. 423) is amended by adding 
at the end the following new subsection:
    ``(i) Prohibition on Involvement by Certain Former Contractor 
Employees in Procurements.--An employee of the Federal Government who 
is a former employee of a contractor with the Federal Government shall 
not be personally and substantially involved with any award of a 
contract to the employee's former employer, or the administration of 
such a contract, for the two-year period beginning on the date on which 
the employee leaves the employment of the contractor.''.
    (d) Regulations.--Section 27 of such Act (41 U.S.C. 423) is further 
amended by adding at the end the following new subsection:
    ``(j) Regulations.--The Administrator, in consultation with the 
Director of the Office of Government Ethics, shall--
            ``(1) promulgate regulations to carry out and ensure the 
        enforcement of this section; and
            ``(2) monitor and investigate individual and agency 
        compliance with this section.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, except that the 
amendment made by subsection (a)(1)(B) shall apply to individuals who 
terminate Government service after March 31, 2007.
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