[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5366 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5366


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                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2010

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
To require the proposal for debarment from contracting with the Federal 
 Government of persons violating the Foreign Corrupt Practices Act of 
                                 1977.

    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 ``Overseas Contractor Reform Act''.

SEC. 2. REQUIREMENT TO PROPOSE FOR DEBARMENT PERSONS VIOLATING THE 
              FOREIGN CORRUPT PRACTICES ACT.

    (a) Requirement To Propose for Debarment.--Unless waived by the 
head of a Federal agency under subsection (b), any person found to be 
in violation of the Foreign Corrupt Practices Act of 1977 shall be 
proposed for debarment from any contract or grant awarded by the 
Federal Government within 30 days after a final judgment of such 
violation.
    (b) Waiver.--The head of a Federal agency may waive this section 
for a Federal contract or grant. Any such waiver shall be reported to 
Congress by the head of the agency concerned within 30 days from the 
date of the waiver, along with an accompanying justification.
    (c) Final Judgment.--For purposes of this section, a judgment 
becomes final when all appeals of the judgment have been finally 
determined, or all time for filing such appeals has expired.
    (d) Definitions.--In this section:
            (1) Contract.--The term ``contract'' means a binding 
        agreement entered into by a Federal agency for the purpose of 
        obtaining property or services.
            (2) Person.--The term ``person'' includes--
                    (A) an individual;
                    (B) a partnership; and
                    (C) a corporation.
            (3) Foreign corrupt practices act of 1977.--The term 
        ``Foreign Corrupt Practices Act of 1977'' means--
                    (A) section 30A of the Securities Exchange Act of 
                1934 (15 U.S.C. 78dd-1); and
                    (B) sections 104 and 104A of the Foreign Corrupt 
                Practices Act (15 U.S.C. 78dd-2).

SEC. 3. GOVERNMENTAL POLICY.

    It is the policy of the United States Government that no Government 
contracts or grants should be awarded to individuals or companies who 
violate the Foreign Corrupt Practices Act of 1977.

            Passed the House of Representatives September 15, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.