[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 680 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 680

 To ensure proper oversight and accountability in Federal contracting, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2007

 Ms. Collins (for herself, Mr. Lieberman, Mr. Coleman, Mr. Carper, and 
Mrs. McCaskill) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To ensure proper oversight and accountability in Federal contracting, 
                        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 ``Accountability in Government 
Contracting Act of 2007''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
              TITLE I--CONTRACTING AND ACQUISITION REFORM

                   Subtitle A--Acquisition Workforce

Sec. 101. Federal acquisition workforce.
               Subtitle B--Competition and Accountability

Sec. 111. Competition in multiple award contracts.
Sec. 112. Statement of work requirements for certain task or delivery 
                            orders.
Sec. 113. Postaward briefings for task and delivery orders.
Sec. 114. Protests of task and delivery orders.
Sec. 115. Publication of justification and approval documents.
Sec. 116. Limitation on length of certain noncompetitive contracts.
Sec. 117. Prohibition on award of certain large task or delivery order 
                            contracts for services.
Sec. 118. Guidance on use of tiered evaluations of offers for contracts 
                            and task orders under contracts.
Sec. 119. Plan for minimizing cost-reimbursement contracts.
             Subtitle C--Accountability and Administration

Sec. 121. Recording of obligations on task order contracts.
Sec. 122. Definitizing of letter contracts.
Sec. 123. Preventing abuse of interagency contracts.
Sec. 124. Purchase card waste elimination.
Sec. 125. Lead systems integrators.
Sec. 126. Limitations on tiering of subcontractors.
Sec. 127. Reform of Afghanistan assistance programs.
Sec. 128. Debarment of contractors that are serious threats to national 
                            security.
Sec. 129. Required assignment of level one certified program managers 
                            to Department of Homeland Security level 
                            one programs.
Sec. 130. Elimination of one-year limitation on interest due on late 
                            payments to contractors.
                  TITLE II--INSPECTORS GENERAL REFORMS

Sec. 201. Prohibition of cash bonus or awards.
Sec. 202. Inspectors General at level III of executive schedule.
Sec. 203. Qualifications of Inspectors General for designated Federal 
                            entities.
Sec. 204. Removal of Inspectors General for designated Federal 
                            entities.
Sec. 205. Subpoena power.
Sec. 206. Program Fraud Civil Remedies Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``executive agency'' has the meaning given 
        such term in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403).
            (2) The term ``interagency acquisition'' means a procedure 
        by which an executive agency needing supplies or services (the 
        requesting agency) obtains them from another executive agency 
        (the servicing agency). The term includes acquisitions under 
        section 1535 of title 31, United States Code (commonly referred 
        to as the ``Economy Act''), Federal Supply Schedules, and 
        governmentwide acquisition contracts.
            (3) The term ``micro-purchase'' means a purchase in an 
        amount not in excess of the micro-purchase threshold, as 
        defined in section 32 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 428).
            (4) The term ``multiple award contract'' means--
                    (A) a contract that is entered into by the 
                Administrator of General Services under the multiple 
                award schedule program referred to in section 309(b)(3) 
                of the Federal Property and Administrative Services Act 
                of 1949 (41 U.S.C. 259(b)(3));
                    (B) a multiple award task order contract that is 
                entered into under the authority of sections 2304a 
                through 2304d of title 10, United States Code, or 
                sections 303H through 303K of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253h 
                through 253k); and
                    (C) any other indefinite delivery, indefinite 
                quantity contract that is entered into by the head of 
                an executive agency with 2 or more sources pursuant to 
                the same solicitation.

              TITLE I--CONTRACTING AND ACQUISITION REFORM

                   Subtitle A--Acquisition Workforce

SEC. 101. FEDERAL ACQUISITION WORKFORCE.

    (a) Assistant Administrator for Acquisition Workforce Programs.--
Section 6 of the Office of Federal Procurement Policy Act (41 U.S.C. 
405) is amended by adding at the end the following new subsection:
    ``(l) The Administrator shall designate a member of the Senior 
Executive Service as the Assistant Administrator for Workforce 
Programs. The Assistant Administrator shall be responsible for--
            ``(1) supervising the acquisition workforce training fund 
        established under section 37(h)(3);
            ``(2) administering the governmentwide acquisition intern 
        program established under section 43;
            ``(3) developing, in coordination with Chief Acquisition 
        Officers and Chief Human Capital Officers, a human capital 
        strategic plan for the acquisition workforce of the Federal 
        Government;
            ``(4) recommending to the Administrator and other senior 
        government officials appropriate programs, policies, and 
        practices to increase the quantity and quality of the Federal 
        acquisition workforce; and
            ``(5) carrying out such other functions as the 
        Administrator may assign.''.
    (b) Governmentwide Acquisition Intern Program.--The Office of 
Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by 
adding at the end the following new section:

``SEC. 43. GOVERNMENTWIDE ACQUISITION INTERN PROGRAM.

    ``(a) Establishment of Program.--The Administrator shall establish 
a governmentwide acquisition intern program (in this section referred 
to as the `program') to strengthen the Federal acquisition workforce to 
carry out its key missions through the Federal procurement process, 
with an annual goal of involving as many as 200 college graduates per 
year in the program.
    ``(b) Administration of Program.--The Assistant Administrator for 
Acquisition Workforce Programs designated under section 6(l) shall be 
responsible for the management, oversight, and administration of the 
program and shall give strong consideration to existing similar 
programs and seek to build upon those programs instead of replacing 
them.
    ``(c) Business-Related Course Work Requirement.--
            ``(1) In general.--Each participant in the program shall 
        have completed 24 credit hours of business-related college 
        course work by not later than 3 years after admission into the 
        program.
            ``(2) Certification criteria.--The Administrator shall 
        establish criteria for certifying the completion of the course 
        work requirement under paragraph (1).
    ``(d) Structure of Program.--The program shall consist of one year 
of preparatory education and training in Federal procurement followed 
by 3 years of on-the-job training and development focused on Federal 
procurement but including rotational assignments in other functional 
areas.
    ``(e) Employment Status of Interns.--Interns participating in the 
program shall be considered probationary employees without civil 
service protections under chapter 33 of title 5, United States Code. In 
administering any personnel ceiling applicable to an executive agency 
or a unit of an executive agency, an individual assigned as an intern 
under the program shall not be counted.
    ``(f) Agency Management of Program.--The Chief Acquisition Officer 
of each executive agency, in consultation with the Chief Human Capital 
Officer of such agency, shall establish a central intern management 
function in the agency to supervise and manage interns participating in 
the program.''.
    (c) Acquisition Fellowship Program.--
            (1) In general.--The Director of the Office of Personnel 
        Management shall establish an Acquisition Fellowship Program 
        that provides funding for tuition, room and board, and a 
        stipend for outstanding students and professionals who make a 
        commitment to serve in the acquisition and contracting fields 
        of the Federal Government for a period of 3 years.
            (2) Service agreements.--The providing of funding under 
        this section shall be contingent upon an individual entering 
        into a written agreement to complete 3 years of service in the 
        acquisition and contracting fields.
            (3) Repayment requirement.--Candidates who do not 
        successfully complete the program, or do not fulfill the 
        Federal work requirements in such fields, shall be obligated to 
        reimburse the funds provided.
    (d) Government-Industry Exchange Program.--The Office of Federal 
Procurement Policy Act (41 U.S.C. 403 et seq.), as amended by 
subsection (b), is further amended by adding at the end the following 
new section:

``SEC. 44. GOVERNMENT-INDUSTRY EXCHANGE PROGRAM.

    ``(a) In General.--The Administrator shall, in coordination with 
the Director of the Office of Personnel Management, establish a Federal 
Government-industry exchange program for acquisition professionals that 
includes exceptional Government contracting officers.
    ``(b) Workforce Development.--
            ``(1) In general.--In implementing the program established 
        under subsection (a), the Administrator shall--
                    ``(A) analyze, on an ongoing basis, the personnel 
                needs of the Federal Government related to acquisition 
                and contracting;
                    ``(B) identify where current acquisition and 
                contracting training do not satisfy the personnel needs 
                described in subparagraph (A);
                    ``(C) oversee the development of curricula, 
                training methods, and training priorities that 
                correspond to the projected personnel needs of the 
                Federal Government related to acquisition and 
                contracting; and
                    ``(D) assess the training of Federal employees in 
                acquisition and contracting disciplines in order to 
                ensure that the acquisition and contracting needs of 
                the Federal Government are addressed.
            ``(2) Acquisition and contracting training programs.--The 
        head of each executive agency, after consultation with the 
        Administrator, shall establish and operate acquisition and 
        contracting training programs consistent with the requirements 
        of this subsection. Such programs shall--
                    ``(A) have curricula covering a broad range of 
                acquisition and contracting disciplines corresponding 
                to the specific acquisition and contracting needs of 
                the agency involved;
                    ``(B) be developed and applied according to 
                rigorous standards; and
                    ``(C) be designed to maximize efficiency, through 
                the use of self-paced courses, online courses, on-the-
                job training, and the use of remote instructors, 
                wherever such features can be applied without reducing 
                the effectiveness of the training or negatively 
                impacting academic standards.
            ``(3) Governmentwide policies and evaluation.--The 
        Administrator, in coordination with the Director of the Office 
        of Management and Budget, shall issue policies to promote the 
        development of performance standards for training and uniform 
        implementation of this subsection by executive agencies, with 
        due regard for differences in program requirements among 
        agencies that may be appropriate and warranted in view of the 
        agency mission. The Administrator shall evaluate the 
        implementation of the provisions of this subsection by 
        executive agencies.
            ``(4) Chief acquisition officer authorities and 
        responsibilities.--Subject to the authority, direction, and 
        control of the head of an executive agency, the Chief 
        Acquisition Officer of such agency shall carry out all powers, 
        functions, and duties of the head of the agency with respect to 
        implementation of this subsection. The Chief Acquisition 
        Officer shall ensure that the policies of the agency head 
        established in accordance with this subsection are implemented 
        throughout the agency.
            ``(5) Acquisition and contracting training reporting.--The 
        Administrator shall ensure that the heads of executive agencies 
        collect and maintain standardized information on the 
        acquisition and contracting workforce related to the 
        implementation of this subsection.
            ``(6) Authority to detail employees to non-federal 
        employers.--In carrying out the preceding provisions of this 
        subsection, the Administrator may provide for a program under 
        which a Federal employee may be detailed to a non-Federal 
        employer. The Administrator shall prescribe regulations for 
        such program, including--
                    ``(A) the conditions for service and duties as the 
                Administrator considers necessary; and
                    ``(B) safeguards to avoid conflicts of interest 
                involving Federal employees who have been detailed to 
                non-Federal employers.
            ``(7) Coordination provision.--An assignment described in 
        section 3703 of title 5, United States Code, may not be made 
        unless a program under paragraph (6) is established, and the 
        assignment is made in accordance with the requirements of such 
        program.
            ``(8) Employee participation.--Subject to acquisition and 
        contracting needs and the limitations imposed by resource needs 
        in other occupational areas, and consistent with their overall 
        workforce development strategies, agencies shall encourage 
        employees to participate in occupational acquisition and 
        contracting training.
    ``(c) Participation of Small Businesses.--In implementing the 
program, the Administrator shall make every effort to ensure that at 
least 20 percent of the assignments be made with small businesses.
    ``(d) Report.--Not later than 3 years after the date of the 
enactment of the Accountability in Government Contracting Act of 2007, 
the Administrator, in consultation with the Director of the Office of 
Personnel Management, shall submit a report to Congress on the 
implementation of the exchange program, including any recommendations 
for statutory changes to enhance the utilization of the program and 
enhance its benefits.''.
    (e) Acquisition Workforce Human Capital Strategic Plan.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, each Chief Acquisition Officer for 
        an executive agency appointed pursuant to section 16 of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 414) shall 
        develop, in consultation with the Chief Human Capital Officer 
        for the agency and the Assistant Administrator for Acquisition 
        Workforce Programs, a strategic human capital plan for the 
        recruitment, development, and retention of the agency's 
        acquisition workforce, with a particular focus on warranted 
        contracting officers of the agency.
            (2) Content of plan.--The acquisition workforce human 
        capital plan shall address--
                    (A) support for and recruitment of personnel from 
                procurement intern programs;
                    (B) development of the agency's acquisition 
                workforce, including training needs;
                    (C) development of strategies to retain high 
                performing acquisition professionals who possess 
                critical relevant skills;
                    (D) support for and recruitment of personnel from 
                the Federal Career Intern Program; and
                    (E) support for and recruitment of personnel from 
                the Presidential Management Fellows Program.

               Subtitle B--Competition and Accountability

SEC. 111. COMPETITION IN MULTIPLE AWARD CONTRACTS.

    (a) Civilian Agency Contracts.--
            (1) Competition requirement.--Subsection (b) of section 
        303J of the Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 253j(b)) is amended--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively;
                    (B) by striking ``Contracts.--When'' and inserting 
                the following: ``Contracts.--
            ``(1) Task or delivery orders in excess of $2,500.--When'';
                    (C) by moving each of subparagraphs (A) through (D) 
                (as redesignated by subparagraph (A)) 2 ems to the 
                right; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(2) Task or delivery orders in excess of the simplified 
        acquisition threshold.--
                    ``(A) In general.--Any award that is made under a 
                task or delivery order contract that is anticipated to 
                exceed the simplified acquisition threshold (as defined 
                by section 4 of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 403)) shall be made on a 
                competitive basis unless a contracting officer of the 
                executive agency--
                            ``(i) waives the requirement on the basis 
                        of a determination that--
                                    ``(I) one of the circumstances 
                                described in subparagraphs (A) through 
                                (D) of paragraph (1) applies to such 
                                individual purchase; or
                                    ``(II) a statute expressly 
                                authorizes or requires that the 
                                purchase be made from a specified 
                                source; and
                            ``(ii) justifies the determination in 
                        writing.
                    ``(B) Competitive basis defined.--For purposes of 
                this paragraph, an individual purchase of goods or 
                services is made on a competitive basis only if it is 
                made pursuant to procedures that--
                            ``(i) require fair notice of the intent to 
                        make that purchase (including a description of 
                        the work to be performed and the basis on which 
                        the selection will be made) to be provided to 
                        all contractors offering such goods or services 
                        under the multiple award contract; and
                            ``(ii) afford all contractors responding to 
                        the notice a fair opportunity to make an offer 
                        and have that offer fairly considered by the 
                        official making the purchase.
                    ``(C) Exception to notice requirement.--
                Notwithstanding subparagraph (B), notice may be 
                provided to fewer than all contractors offering such 
                goods or services under a multiple award contract if 
                notice is provided to as many contractors as 
                practicable.
                    ``(D) Limitation to exception.--A purchase may not 
                be made pursuant to a notice that is provided to fewer 
                than all contractors under subparagraph (C) unless--
                            ``(i) offers were received from at least 3 
                        qualified contractors; or
                            ``(ii) a contracting officer of the 
                        executive agency determines in writing that no 
                        additional qualified contractors were able to 
                        be identified despite reasonable efforts to do 
                        so.
                    ``(E) Individual purchase defined.--For purposes of 
                this paragraph, the term `individual purchase' means a 
                task order, delivery order, or other purchase.''.
            (2) Notice requirements.--Such section is further amended--
                    (A) by redesignating subsection (f) as subsection 
                (g); and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) Notice Requirements Related to Sole Source Task or Delivery 
Orders.--The head of each executive agency shall--
            ``(1) publish on FedBizOpps notice of all sole source task 
        or delivery orders in excess of the simplified acquisition 
        threshold (as defined by section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403)) that are placed against 
        multiple award contracts or multiple award blanket purchase 
        agreements not later than 10 days after such orders are placed, 
        except in the event of extraordinary circumstances or 
        classified orders; and
            ``(2) publish on the Internet website of the executive 
        agency and through the Federal Procurement Data System the 
        justification and approval documents related to sole source 
        task or delivery orders placed against multiple award contracts 
        or multiple award blank purchase agreements not later than 14 
        days after such orders are placed.''.
    (b) Defense Contracts.--
            (1) Competition requirement.--Subsection (b) of section 
        2304c of title 10, United States Code, is amended--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively;
                    (B) by striking ``Contracts.--When'' and inserting 
                the following: ``Contracts.--
            ``(1) Task or delivery orders in excess of $2,500.--When'';
                    (C) by moving each of subparagraphs (A) through (D) 
                (as redesignated by subparagraph (A)) 2 ems to the 
                right; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(2) Task or delivery orders in excess of the simplified 
        acquisition threshold.--
                    ``(A) In general.--Any award that is made under a 
                task or delivery order contract that is anticipated to 
                exceed the simplified acquisition threshold (as defined 
                by section 4 of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 403)) shall be made on a 
                competitive basis unless a contracting officer of the 
                agency--
                            ``(i) waives the requirement on the basis 
                        of a determination that--
                                    ``(I) one of the circumstances 
                                described in subparagraphs (A) through 
                                (D) of paragraph (1) applies to such 
                                individual purchase; or
                                    ``(II) a statute expressly 
                                authorizes or requires that the 
                                purchase be made from a specified 
                                source; and
                            ``(ii) justifies the determination in 
                        writing.
                    ``(B) Competitive basis defined.--For purposes of 
                this paragraph, an individual purchase of goods or 
                services is made on a competitive basis only if it is 
                made pursuant to procedures that--
                            ``(i) require fair notice of the intent to 
                        make that purchase (including a description of 
                        the work to be performed and the basis on which 
                        the selection will be made) to be provided to 
                        all contractors offering such goods or services 
                        under the multiple award contract; and
                            ``(ii) afford all contractors responding to 
                        the notice a fair opportunity to make an offer 
                        and have that offer fairly considered by the 
                        official making the purchase.
                    ``(C) Exception to notice requirement.--
                Notwithstanding subparagraph (B), notice may be 
                provided to fewer than all contractors offering such 
                goods or services under a multiple award contract if 
                notice is provided to as many contractors as 
                practicable.
                    ``(D) Limitation to exception.--A purchase may not 
                be made pursuant to a notice that is provided to fewer 
                than all contractors under subparagraph (C) unless--
                            ``(i) offers were received from at least 3 
                        qualified contractors; or
                            ``(ii) a contracting officer of the agency 
                        determines in writing that no additional 
                        qualified contractors were able to be 
                        identified despite reasonable efforts to do so.
                    ``(E) Individual purchase defined.--For purposes of 
                this paragraph, the term `individual purchase' means a 
                task order, delivery order, or other purchase.''.
            (2) Notice requirements.--Such section is further amended--
                    (A) by redesignating subsection (f) as subsection 
                (g); and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) Notice Requirements Related to Sole Source Task or Delivery 
Orders.--The head of each agency shall--
            ``(1) publish on FedBizOpps notice of all sole source task 
        or delivery orders in excess of the simplified acquisition 
        threshold (as defined by section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403)) that are placed against 
        multiple award contracts or multiple award blanket purchase 
        agreements not later than 10 days after such orders are placed, 
        except in the event of extraordinary circumstances or 
        classified orders; and
            ``(2) publish on the Internet website of the agency and 
        through the Federal Procurement Data System the justification 
        and approval documents related to sole source task or delivery 
        orders placed against multiple award contracts or multiple 
        award blank purchase agreements not later than 14 days after 
        such orders are placed.''.

SEC. 112. STATEMENT OF WORK REQUIREMENTS FOR CERTAIN TASK OR DELIVERY 
              ORDERS.

    (a) Civilian Contracts.--Section 303J(c) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253j(c)) is amended 
to read as follows:
    ``(c) Statement of Work and Selection Basis.--
            ``(1) In general.--A task or delivery order shall include a 
        statement of work that clearly specifies all tasks to be 
        performed or property to be delivered under the order.
            ``(2) Task or delivery orders in excess of $5,000,000.--The 
        statement of work for a task or delivery order in excess of 
        $5,000,000 under a task or delivery order contract shall be 
        made available to each contractor awarded such contract and 
        shall--
                    ``(A) include a clear statement of the executive 
                agency's requirements;
                    ``(B) permit a reasonable response period;
                    ``(C) disclose the significant factors and sub-
                factors that the executive agency expects to consider 
                in evaluating proposals, including cost, price, and the 
                relative importance of those and other factors;
                    ``(D) in the case of an award that is to be made on 
                a best value basis, include a written statement 
                documenting the basis for the award and the relative 
                importance of quality and price or cost factors; and
                    ``(E) state that the technical requirements 
                applicable to source selection in competitive 
                negotiated acquisitions shall not apply.''.
    (b) Defense Contracts.--Section 2304c(c) of title 10, United States 
Code, is amended to read as follows:
    ``(c) Statement of Work and Selection Basis.--
            ``(1) In general.--A task or delivery order shall include a 
        statement of work that clearly specifies all tasks to be 
        performed or property to be delivered under the order.
            ``(2) Task or delivery orders in excess of $5,000,000.--The 
        statement of work for a task or delivery order in excess of 
        $5,000,000 under a task or delivery order contract shall be 
        made available to each contractor awarded such contract and 
        shall--
                    ``(A) include a clear statement of the agency's 
                requirements;
                    ``(B) permit a reasonable response period;
                    ``(C) disclose the significant factors and sub-
                factors that the agency expects to consider in 
                evaluating proposals, including cost, price, and the 
                relative importance of those and other factors;
                    ``(D) in the case of an award that is to be made on 
                a best value basis, include a written statement 
                documenting the basis for the award and the relative 
                importance of quality and price or cost factors; and
                    ``(E) state that the technical requirements 
                applicable to source selection in competitive 
                negotiated acquisitions shall not apply.''.

SEC. 113. POSTAWARD BRIEFINGS FOR TASK AND DELIVERY ORDERS.

    (a) Civilian Agency Contracts.--The Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended 
by inserting after section 303J the following new section:

``SEC. 303J--1. TASK AND DELIVERY ORDER: POSTAWARD BRIEFINGS.

    ``The head of an executive agency awarding a task or delivery order 
valued at over $5,000,000 under a multiple award contract shall provide 
to each offeror not awarded such order the opportunity for a postaward 
debriefing. The debriefing information shall include--
            ``(1) the executive agency's evaluation of the significant 
        weaknesses or deficiencies in the offeror's proposal, if 
        applicable;
            ``(2) the overall evaluated cost or price (including unit 
        prices), and technical rating, if applicable, of the successful 
        offeror and the debriefed offeror, and past performance 
        information on the debriefed offeror;
            ``(3) the overall ranking of all offerors, when any ranking 
        was developed by the agency during the source selection;
            ``(4) a summary of the rationale for the award;
            ``(5) for acquisitions of commercial items, the make and 
        model of the item to be delivered by the successful offeror; 
        and
            ``(6) reasonable responses to relevant questions about 
        whether source selection procedures contained in the 
        solicitation, applicable regulations, and other applicable 
        authorities were followed.''.
    (b) Defense Contracts.--
            (1) Postaward briefing requirement.--Chapter 137 of title 
        10, United States Code, is amended by inserting after section 
        2304c the following new section:
``Sec. 2304c-1. Task and delivery order contracts: postaward briefings
    ``The head of an agency awarding a task or delivery order valued at 
over $5,000,000 under a multiple award contract shall provide to each 
offeror not awarded such order the opportunity for a postaward 
debriefing. The debriefing information shall include--
            ``(1) the agency's evaluation of the significant weaknesses 
        or deficiencies in the offeror's proposal, if applicable;
            ``(2) the overall evaluated cost or price (including unit 
        prices), and technical rating, if applicable, of the successful 
        offeror and the debriefed offeror, and past performance 
        information on the debriefed offeror;
            ``(3) the overall ranking of all offerors, when any ranking 
        was developed by the agency during the source selection;
            ``(4) a summary of the rationale for the award;
            ``(5) for acquisitions of commercial items, the make and 
        model of the item to be delivered by the successful offeror; 
        and
            ``(6) reasonable responses to relevant questions about 
        whether source selection procedures contained in the 
        solicitation, applicable regulations, and other applicable 
        authorities were followed.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 2304c the following new item:

``2304c-1. Task and delivery order contracts: postaward briefings.''.

SEC. 114. PROTESTS OF TASK AND DELIVERY ORDERS.

    (a) Civilian Agency Contracts.--Section 303J(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)) is 
amended to read as follows:
    ``(d) Protests.--(1) A protest is not authorized in connection with 
the issuance or proposed issuance of a task or delivery order except 
for--
            ``(A) a protest on the ground that the order increases the 
        scope, period, or maximum value of the contract under which the 
        order is issued; or
            ``(B) a protest of an order valued at greater than 
        $5,000,000.
    ``(2) Notwithstanding section 3556 of title 31, United States Code, 
the Comptroller General of the United States shall have exclusive 
jurisdiction of a protest authorized under paragraph (1)(B).''.
    (b) Defense Contracts.--Section 2304c(d) of title 10, United States 
Code is amended to read as follows:
    ``(d) Protests.--(1) A protest is not authorized in connection with 
the issuance or proposed issuance of a task or delivery order except 
for--
            ``(A) a protest on the ground that the order increases the 
        scope, period, or maximum value of the contract under which the 
        order is issued; or
            ``(B) a protest of an order valued at greater than 
        $5,000,000.
    ``(2) Notwithstanding section 3556 of title 31, United States Code, 
the Comptroller General of the United States shall have exclusive 
jurisdiction of a protest authorized under paragraph (1)(B).''.
    (c) Preference for Use of Express Option for Deciding Protests.--
Section 3554(a)(2) of title 31, United States Code, is amended--
            (1) by striking ``(2) The Comptroller General'' and 
        inserting ``(2)(A) The Comptroller General''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) The Comptroller General shall use the express option 
established pursuant to subparagraph (A) to decide protests under 
section 303J(d) of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253j(d)) and section 2304c(d) of title 10, United 
States Code, related to the issuance or proposed issuance of a task or 
delivery order valued at greater than $5,000,000 and less than 
$25,000,000, unless the Comptroller General determines that the protest 
is not suitable for resolution within 65 days after the date the 
protest is submitted.''.

SEC. 115. PUBLICATION OF JUSTIFICATION AND APPROVAL DOCUMENTS.

    (a) Civilian Contracts.--Section 303(f)(1) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) is 
amended--
            (1) in subparagraph (B)(iii), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) the justification and approval documents are made 
        publicly available on the Internet website of the agency and 
        FedBizOpps.''.
    (b) Defense Contracts.--Section 2304(f) of title 10, United States 
Code, is amended--
            (1) in subparagraph (B)(iii), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) the justification and approval documents are made 
        publicly available on the Internet website of the agency and 
        FedBizOpps.''.

SEC. 116. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

    (a) Civilian Agency Contracts.--Section 303(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) is 
amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an executive agency pursuant 
to the authority provided under subsection (c)(2)--
            ``(i) may not exceed the time necessary--
                    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and
                    ``(II) for the executive agency to enter into 
                another contract for the required goods or services 
                through the use of competitive procedures; and
            ``(ii) may not exceed 150 days unless the head of the 
        executive agency entering into such contract determines that 
        exceptional circumstances apply.
    ``(B) This paragraph applies to any contract in an amount greater 
than the simplified acquisition threshold (as defined by section 4 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403)).''.
    (b) Defense Contracts.--Section 2304(d) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in 
subparagraph (B) that is entered into by an agency pursuant to the 
authority provided under subsection (c)(2)--
            ``(i) may not exceed the time necessary--
                    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and
                    ``(II) for the agency to enter into another 
                contract for the required goods or services through the 
                use of competitive procedures; and
            ``(ii) may not exceed 150 days unless the head of the 
        agency entering into such contract determines that exceptional 
        circumstances apply.
    ``(B) This paragraph applies to any contract in an amount greater 
than the simplified acquisition threshold (as defined by section 4 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403)).''.

SEC. 117. PROHIBITION ON AWARD OF CERTAIN LARGE TASK OR DELIVERY ORDER 
              CONTRACTS FOR SERVICES.

    (a) Civilian Agency Contracts.--Section 303H(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253h(d)) is 
amended by adding at the end the following new paragraph:
    ``(4)(A) No task or delivery order contract for services in an 
amount estimated to exceed $100,000,000 (including all options) may be 
awarded to a single contractor unless the head of the agency determines 
in writing that--
            ``(i) because of the size, scope, or method of performance 
        of the requirement, it would not be practical to award multiple 
        task or delivery order contracts;
            ``(ii) the task orders expected under the contract are so 
        integrally related that only a single contractor can reasonably 
        perform the work; or
            ``(iii) for any other reason, it is necessary in the public 
        interest to award the contract to a single contractor.
    ``(B) The head of the agency shall notify Congress within 30 days 
of any determination under subparagraph (A)(iii).
    ``(C) The head of the agency shall post the justification and 
approval documents related to a determination under subparagraph (A) on 
the Internet website of the agency and on the Federal Business 
Opportunities (FedBizOpps) Internet website.''.
    (b) Defense Contracts.--Section 2304a(d) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(4)(A) No task or delivery order contract for services in an 
amount estimated to exceed $100,000,000 (including all options) may be 
awarded to a single contractor unless the head of the agency determines 
in writing that--
            ``(i) because of the size, scope, or method of performance 
        of the requirement, it would not be practical to award multiple 
        task or delivery order contracts;
            ``(ii) the task orders expected under the contract are so 
        integrally related that only a single contractor can reasonably 
        perform the work; or
            ``(iii) for any other reason, it is necessary in the public 
        interest to award the contract to a single contractor.
    ``(B) The head of the agency shall notify Congress within 30 days 
of any determination under subparagraph (A)(iii).
    ``(C) The head of the agency shall post the justification and 
approval documents related to a determination under subparagraph (A) on 
the Internet website of the agency and on the Federal Business 
Opportunities (FedBizOpps) Internet website.''.

SEC. 118. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS FOR CONTRACTS 
              AND TASK ORDERS UNDER CONTRACTS.

    (a) Guidance Required.--The Administrator for Federal Procurement 
Policy shall prescribe guidance for executive agencies on the use of 
tiered evaluations of offers for contracts and for task or delivery 
orders under contracts. In prescribing such guidance, the Administrator 
shall give full consideration to the guidance prescribed by the 
Secretary of Defense under section 816 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 
2305).
    (b) Elements.--The guidance prescribed under subsection (a) shall 
include a prohibition on the initiation by a contracting officer of a 
tiered evaluation of an offer for a contract or for a task or delivery 
order under a contract unless the contracting officer--
            (1) has conducted market research in accordance with part 
        10 of the Federal Acquisition Regulation in order to determine 
        whether or not a sufficient number of qualified small 
        businesses are available to justify limiting competition for 
        the award of such contract or task or delivery order under 
        applicable law and regulations;
            (2) is unable, after conducting market research under 
        paragraph (1), to make the determination described in that 
        paragraph; and
            (3) includes in the contract file a written explanation of 
        why such contracting officer was unable to make such 
        determination.

SEC. 119. PLAN FOR MINIMIZING COST-REIMBURSEMENT CONTRACTS.

    The head of each executive agency shall develop a plan for 
minimizing the use of cost-reimbursement contracts.

             Subtitle C--Accountability and Administration

SEC. 121. RECORDING OF OBLIGATIONS ON TASK ORDER CONTRACTS.

    (a) Civilian Contracts.--
            (1) In general.--Section 303H of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253h) is 
        amended--
                    (A) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively; and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
executive agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the executive agency for 
exceptional circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.
            (2) Advisory and assistance services.--Section 303I of such 
        Act (41 U.S.C. 253i) is amended--
                    (A) by redesignating subsections (h) and (i) as 
                subsections (i) and (j), respectively; and
                    (B) by inserting after subsection (g) the following 
                new subsection:
    ``(h) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
executive agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the executive agency for 
exceptional circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.
    (b) Defense Contracts.--
            (1) In general.--Section 2304a of title 10, United States 
        Code, is amended--
                    (A) by redesignating subsections (g) and (h) as 
                subsections (h) and (i), respectively; and
                    (B) by inserting after subsection (f) the following 
                new subsection:
    ``(g) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the agency for exceptional 
circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.
            (2) Advisory and assistance services.--Section 2304b of 
        title 10, United States Code, is amended--
                    (A) by redesignating subsection (f) as subsections 
                (g); and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) Authority To Defer Recording Obligations on Task or Delivery 
Order Contracts.--(1) Subject to paragraphs (2) and (3), the head of an 
agency may defer the recording of an obligation, including an 
obligation in the amount of the guaranteed minimum, under a contract 
awarded under this section until the issuance of a task or delivery 
order.
    ``(2) The amount of the guaranteed minimum under a contract must be 
obligated during the same fiscal year during which the contract is 
awarded unless waived by the head of the agency for exceptional 
circumstances.
    ``(3) The amount of the guaranteed minimum under a contract may be 
satisfied by multiple task or delivery orders, but the full value of 
each individual task or delivery order must be obligated when such 
order is issued.''.

SEC. 122. DEFINITIZING OF LETTER CONTRACTS.

    (a) Civilian Contracts.--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. DEFINITIZING OF LETTER CONTRACTS.

    ``The head of an executive agency shall unilaterally determine all 
missing terms in an undefinitized letter contract that have not been 
agreed upon within 180 days after such letter contract has been entered 
into or before 40 percent of the work under such letter contract has 
been completed. Any terms so determined shall be subject to the 
contract disputes process.''.
    (b) Defense Contracts.--
            (1) Definitizing of letter contracts.--Chapter 137 of title 
        10, United States Code, is amended by inserting after at the 
        end the following new section:
``Sec. 2334. Definitizing of letter contracts
    ``The head of an agency shall unilaterally determine all missing 
terms in an undefinitized letter contract that have not been agreed 
upon within 180 days after such letter contract has been entered into 
or before 50 percent of the work under such letter contract has been 
completed. Any terms so determined shall be subject to the contract 
disputes process.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2334. Definitizing of letter contracts.''.

SEC. 123. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

    (a) Office of Management and Budget Policy Guidance.--
            (1) Report and guidelines.--Not later than one year after 
        the date of the enactment of this Act, the Director of the 
        Office of Management and Budget shall--
                    (A) submit to Congress a comprehensive report on 
                interagency acquisitions, including their frequency of 
                use, management controls, cost-effectiveness, and 
                savings generated; and
                    (B) issue guidelines to assist the heads of 
                executive agencies in improving the management of 
                interagency acquisitions.
            (2) Matters covered by guidelines.--For purposes of 
        paragraph (1)(B), the Director shall include guidelines on the 
        following matters:
                    (A) Procedures for the use of interagency 
                acquisitions to maximize competition, deliver best 
                value to executive agencies, and minimize waste, fraud, 
                and abuse.
                    (B) Categories of contracting inappropriate for 
                interagency acquisition, due to high risk of waste, 
                fraud, or abuse.
                    (C) Requirements for training acquisition workforce 
                personnel in the proper use of interagency 
                acquisitions.
    (b) Regulations Required.--Not later than one year after the date 
of the enactment of this Act, the Federal Acquisition Regulation shall 
be revised to require that all interagency acquisitions--
            (1) include a written agreement between the requesting 
        agency and the servicing agency assigning responsibility for 
        the administration and management of the contract;
            (2) include a determination that an interagency acquisition 
        is the best procurement alternative; and
            (3) include sufficient documentation to ensure an adequate 
        audit.
    (c) Agency Reporting Requirement.--The senior procurement executive 
for each executive agency shall, as directed by the Director of the 
Office of Management and Budget, submit to the Director annual reports 
on the actions taken by the executive agency pursuant to the guidelines 
issued under subsection (a).
    (d) Survey of Interagency Contracting.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator for Federal 
        Procurement Policy shall conduct a survey of existing 
        interagency contracts.
            (2) Content.--The survey conducted under paragraph (1) 
        shall collect the following information:
                    (A) The number of interagency contracts that are 
                currently in operation, and the scope, sponsoring 
                agencies, primary users, activity levels (in terms of 
                orders and value) for the most recent fiscal year, and 
                rationales for such contracts.
                    (B) The level of acquisition activity conducted by 
                the Intergovernmental Revolving Funds (including the 
                Franchise Funds) on behalf of other executive agencies.
                    (C) The number of enterprisewide, single agency 
                contracts that are currently in operation, and the 
                scope, activity levels (in terms of orders and value) 
                for the most recent fiscal year, and rationales for 
                such contracts.
            (3) Publication.--The Director of the Office of Management 
        and Budget shall make the results of the survey conducted under 
        this subsection publicly available, subject to applicable 
        statutory and regulatory limits on the release of such 
        information.
    (e) Review of Federal Supply Schedule Contracts.--Not later than 
270 days after the date of the enactment of this Act, the Administrator 
of General Services shall review existing Federal Supply Schedule (FSS) 
contracts to determine whether, in light of the entire inventory of 
interagency contracts, any of the FSS contracts should be eliminated in 
order to avoid unnecessary duplication.
    (f) Review of Other Interagency and Enterprisewide Contracts.--Not 
later than 270 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall direct the heads 
of executive agencies to develop and institute procedures for the 
creation, expansion, oversight, and reauthorization of interagency and 
enterprisewide contracts other than the contracts described in 
subsections (d) and (e). The head of each executive agency shall 
periodically submit reports to the Director on the implementation of 
this subsection and shall make such reports publicly available.
    (g) Improved Transparency of Interagency Contracting Data.--Not 
later than 180 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall direct 
appropriate revisions to the governmentwide procurement system known as 
the Federal Procurement Data System-Next Generation in order to 
facilitate the collecting and publication of complete and reliable 
order-level data on interagency contracting transactions.

SEC. 124. PURCHASE CARD WASTE ELIMINATION.

    (a) Requirement for Guidance.--
            (1) Office of management and budget policy guidance.--Not 
        later than 180 days after the date of the enactment of this 
        Act, the Director of the Office of Management and Budget shall 
        issue guidelines to assist the heads of executive agencies in 
        improving the management of the use of the Governmentwide 
        commercial purchase card for making micro-purchases. The 
        Director shall include guidelines on the following matters:
                    (A) Analysis of purchase card expenditures to 
                identify opportunities for achieving savings through 
                micro-purchases made in economical volumes.
                    (B) Negotiation of discount agreements with major 
                vendors accepting the purchase card.
                    (C) Establishment of communication programs to 
                ensure that purchase cardholders receive information 
                pertaining to the availability of discounts, including 
                programs for the training of purchase cardholders on 
                the availability of discounts.
                    (D) Assessment of cardholder purchasing practices, 
                including use of discount agreements.
                    (E) Collection and dissemination of best practices 
                and successful strategies for achieving savings in 
                micro-purchases.
                    (F) Analysis of purchase card expenditures to 
                identify opportunities for achieving and accurately 
                measuring fair participation of small business concerns 
                in micro-purchases consistent with the national policy 
                on small business participation in Federal procurement 
                set forth in sections 2(a) and 15(g) of the Small 
                Business Act (15 U.S.C. 631(a) and 644(g)), and 
                dissemination of best practices for participation of 
                small business concerns in micro-purchases.
            (2) General services administration.--The Administrator of 
        General Services shall--
                    (A) continue efforts to improve reporting by 
                financial institutions that issue the Governmentwide 
                commercial purchase card so that the General Services 
                Administration has the data needed to identify 
                opportunities for achieving savings; and
                    (B) actively pursue point-of-sale discounts with 
                major vendors accepting the purchase card so that any 
                Federal Government purchaser using the purchase card 
                can benefit from such point-of-sale discounts.
            (3) Agency reporting requirement.--The senior procurement 
        executive for each executive agency shall, as directed by the 
        Director of the Office of Management and Budget, submit to the 
        Director periodic reports on the actions taken in such 
        executive agency pursuant to the guidelines issued under 
        paragraph (1).
            (4) Congressional oversight.--Not later than December 31 of 
        the year following the year in which this Act is enacted, and 
        December 31 of each of the ensuing 3 years, the Director of the 
        Office of Management and Budget shall submit to the Committee 
        on Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives a report summarizing for the fiscal year 
        ending in the year in which such report is due the progress 
        made--
                    (A) in improving the management of the use of the 
                Governmentwide commercial purchase card for making 
                micro-purchases; and
                    (B) in achieving savings in micro-purchases made 
                with such card, expressed in terms of average savings 
                achieved by each executive agency in the use of 
                discount agreements identified in paragraph (1) and the 
                total savings achieved Governmentwide.
    (b) Payments to Federal Contractors With Federal Tax Debt.--The 
General Services Administration, in conjunction with the Internal 
Revenue Service and the Financial Management Service, shall develop 
procedures to subject purchase card payments to Federal contractors to 
the Federal Payment Levy program.
    (c) Reporting of Air Travel by Federal Government Employees.--
            (1) Annual reports required.--The Administrator of the 
        General Services shall submit annually to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Government Reform of the House 
        of Representatives a report on all first class and business 
        class travel by employees of each executive agency undertaken 
        at the expense of the Federal Government.
            (2) Content.--The reports submitted pursuant to paragraph 
        (1) shall include, at a minimum, with respect to each travel by 
        first class or business class--
                    (A) the names of each traveler;
                    (B) the date of travel;
                    (C) the points of origination and destination;
                    (D) the cost of the first class or business class 
                travel; and
                    (E) the cost difference between such travel and 
                travel by coach class.

SEC. 125. LEAD SYSTEMS INTEGRATORS.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Administrator for Federal Procurement Policy shall 
develop a government-wide definition of lead systems integrators and 
complete a study the use of such integrators by executive agencies.
    (b) Recommendations.--Not later than 180 days after the study under 
subsection (a) is completed, the Administrator for Federal Procurement 
Policy shall submit to Congress recommendations for regulations to 
control the use of lead systems integrators to ensure that they are 
used in the best interests of the Federal Government.

SEC. 126. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

    (a) Regulations.--The Administrator for Federal Procurement Policy 
shall promulgate regulations applicable to contracts described in 
subsection (c) to minimize the excessive use by contractors of 
subcontractors or tiers of subcontractors to perform the principal work 
of the contract.
    (b) Specific Requirement.--At a minimum, the regulations 
promulgated under subsection (a) shall preclude a contractor from using 
subcontracts for more than 65 percent of the cost of the contract or 
the cost of any individual task or delivery order (not including 
overhead and profit), unless the head of the executive agency awarding 
the contract determines that such requirement is not feasible or 
practicable.
    (c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)).

SEC. 127. REFORM OF AFGHANISTAN ASSISTANCE PROGRAMS.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the United States Agency 
for International Development shall submit to Congress a report on the 
Agency's assistance programs in Afghanistan.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) information about the Agency's assistance programs in 
        Afghanistan, including--
                    (A) the amount of assistance that has been 
                designated for projects in Afghanistan since fiscal 
                year 2002;
                    (B) the amount of money that has been obligated for 
                such purposes;
                    (C) the amount of money that has been expended for 
                such purposes;
                    (D) the number of projects that have been 
                designated or planned under such programs;
                    (E) the level of oversight exercised over such 
                programs by the Department of State, the Agency, and 
                the Government Accountability Office;
                    (F) the specific projects reviewed as part of such 
                oversight; and
                    (G) the findings related to such oversight; and
            (2) a plan for revising the Agency's strategy for such 
        assistance programs, including--
                    (A) developing measurable goals, specific time 
                frames, and established resource levels;
                    (B) delineating responsibilities related to 
                providing assistance;
                    (C) identifying external factors that could 
                significantly affect the achievement of the Agency's 
                goals; and
                    (D) developing a schedule for program evaluations 
                to assess progress made in achieving the Agency's 
                goals.

SEC. 128. DEBARMENT OF CONTRACTORS THAT ARE SERIOUS THREATS TO NATIONAL 
              SECURITY.

    (a) Debarment.--The head of any executive agency may debar a 
contractor from eligibility for Federal contracts on the basis of a 
finding that the contractor is a serious threat to national security.
    (b) Inclusion on List of Parties Excluded From Federal Procurement 
and Nonprocurement Programs.--The Administrator of General Services 
shall include on the List of Parties Excluded from Federal Procurement 
and Nonprocurement Programs maintained by the Administrator under part 
9 of the Federal Acquisition Regulation each contractor that is 
debarred or proposed for debarment under subsection (a).

SEC. 129. REQUIRED ASSIGNMENT OF LEVEL ONE CERTIFIED PROGRAM MANAGERS 
              TO DEPARTMENT OF HOMELAND SECURITY LEVEL ONE PROGRAMS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall assign to each program of 
the Department of Homeland Security with an estimated value of more 
than $100,000,000 at least one program manager certified by the 
Secretary as competent to administer programs of that size.

SEC. 130. ELIMINATION OF ONE-YEAR LIMITATION ON INTEREST DUE ON LATE 
              PAYMENTS TO CONTRACTORS.

    Section 3901(d)(3)(A) of title 31, United States Code, is amended 
to read as follows:
    ``(3)(A) Except as provided in subparagraph (B), an interest 
penalty under this chapter does not continue to accrue after a claim 
for an interest penalty is filed in the manner described in paragraph 
(2).''.

                  TITLE II--INSPECTORS GENERAL REFORMS

SEC. 201. PROHIBITION OF CASH BONUS OR AWARDS.

    Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(e) An Inspector General (as defined under section 8G(a)(6) or 
11(3)) may not receive any cash award or cash bonus, including any cash 
award under chapter 45 of title 5, United States Code.''.

SEC. 202. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE.

    (a) Level IV Positions.--Section 5315 of title 5, United States 
Code, is amended by striking each item relating to the following 
positions:
            (1) Inspector General, Department of Education.
            (2) Inspector General, Department of Energy.
            (3) Inspector General, Department of Health and Human 
        Services.
            (4) Inspector General, Department of Agriculture.
            (5) Inspector General, Department of Housing and Urban 
        Development.
            (6) Inspector General, Department of Labor.
            (7) Inspector General, Department of Transportation.
            (8) Inspector General, Department of Veterans Affairs.
            (9) Inspector General, Department of Homeland Security.
            (10) Inspector General, Department of Defense.
            (11) Inspector General, Department of State.
            (12) Inspector General, Department of Commerce.
            (13) Inspector General, Department of the Interior.
            (14) Inspector General, Department of Justice.
            (15) Inspector General, Department of the Treasury.
            (16) Inspector General, Agency for International 
        Development.
            (17) Inspector General, Environmental Protection Agency.
            (18) Inspector General, Export-Import Bank.
            (19) Inspector General, Federal Emergency Management 
        Agency.
            (20) Inspector General, General Services Administration.
            (21) Inspector General, National Aeronautics and Space 
        Administration.
            (22) Inspector General, Nuclear Regulatory Commission.
            (23) Inspector General, Office of Personnel Management.
            (24) Inspector General, Railroad Retirement Board.
            (25) Inspector General, Small Business Administration.
            (26) Inspector General, Tennessee Valley Authority.
            (27) Inspector General, Federal Deposit Insurance 
        Corporation.
            (28) Inspector General, Resolution Trust Corporation.
            (29) Inspector General, Central Intelligence Agency.
            (30) Inspector General, Social Security Administration.
            (31) Inspector General, United States Postal Service.
    (b) Level III Positions.--Section 5314 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Inspector General, Department of Education.
            ``Inspector General, Department of Energy.
            ``Inspector General, Department of Health and Human 
        Services.
            ``Inspector General, Department of Agriculture.
            ``Inspector General, Department of Housing and Urban 
        Development.
            ``Inspector General, Department of Labor.
            ``Inspector General, Department of Transportation.
            ``Inspector General, Department of Veterans Affairs.
            ``Inspector General, Department of Homeland Security.
            ``Inspector General, Department of Defense.
            ``Inspector General, Department of State.
            ``Inspector General, Department of Commerce.
            ``Inspector General, Department of the Interior.
            ``Inspector General, Department of Justice.
            ``Inspector General, Department of the Treasury.
            ``Inspector General, Agency for International Development.
            ``Inspector General, Corporation for Community and National 
        Service.
            ``Inspector General, Environmental Protection Agency.
            ``Inspector General, Export-Import Bank.
            ``Inspector General, Federal Emergency Management Agency.
            ``Inspector General, General Services Administration.
            ``Inspector General, National Aeronautics and Space 
        Administration.
            ``Inspector General, Nuclear Regulatory Commission.
            ``Inspector General, Office of Personnel Management.
            ``Inspector General, Railroad Retirement Board.
            ``Inspector General, Small Business Administration.
            ``Inspector General, Tennessee Valley Authority.
            ``Inspector General, Federal Deposit Insurance Corporation.
            ``Inspector General, Central Intelligence Agency.
            ``Inspector General, Social Security Administration.
            ``Inspector General, United States Postal Service.''.
    (c) Savings Provision.--Nothing in this section shall have the 
effect of reducing the rate of pay of any individual serving as an 
Inspector General on the effective date of this section.

SEC. 203. QUALIFICATIONS OF INSPECTORS GENERAL FOR DESIGNATED FEDERAL 
              ENTITIES.

    Section 8G(c) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended by adding at the end ``Each Inspector General shall be 
appointed without regard to political affiliation and solely on the 
basis of integrity and demonstrated ability in accounting, auditing, 
financial analysis, law, management analysis, public administration, or 
investigations.'' .

SEC. 204. REMOVAL OF INSPECTORS GENERAL FOR DESIGNATED FEDERAL 
              ENTITIES.

    Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended by striking ``shall promptly communicate in writing the 
reasons for any such removal or transfer to both Houses of the 
Congress'' and inserting ``shall communicate in writing the reasons for 
any such removal or transfer to both Houses of the Congress, not later 
than 15 days before the removal or transfer''.

SEC. 205. SUBPOENA POWER.

    Section 6(a)(4) of the Inspector General Act of 1978 (5 U.S.C. 
App.), is amended--
            (1) by inserting ``in any medium (including electronically 
        stored information, as well as any tangible thing)'' after 
        ``other data''; and
            (2) by striking ``subpena'' and inserting ``subpoena''.

SEC. 206. PROGRAM FRAUD CIVIL REMEDIES ACT.

    Section 3801(a)(1) of title 31, United States Code, is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (D), by adding ``and'' after the 
        semicolon ; and
            (3) by adding at the end the following:
                    ``(E) a designated Federal entity (as such term is 
                defined under section 8G(a)(2) of the Inspector General 
                Act of 1978).''.
                                 <all>