I 112th CONGRESS 1st Session H. R. 3588 IN THE HOUSE OF REPRESENTATIVES December 7, 2011 Mr. Welch (for himself and Mr. Chaffetz) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the proposal for debarment from contracting with the Federal Government of persons violating the Foreign Corrupt Practices Act of 1977.

1.

Short title

This Act may be cited as the Overseas Contractor Reform Act.

2.

Requirement to propose for debarment persons violating the Foreign Corrupt Practices Act

(a)

Requirement To propose for debarment

Subject to subsections (b) and (c), 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 the judgment finding such person to be in violation becomes final. (b)

Waiver

The head of a Federal agency may waive this Act 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)

Exemption for self-Reported violations

Upon a determination by the head of a Federal agency that a person has reported a violation of the Foreign Corrupt Practices Act of 1977 voluntarily to the Federal Government, the head of the agency may exempt the person from the applicability of this Act. (d)

Final judgment

For purposes of this Act, a judgment becomes final when all appeals of the judgment have been finally determined, or all time for filing such appeals has expired. (e)

Definitions

In this Act: (1)

Contract

The term contract means a binding agreement entered into by a Federal agency for the purpose of obtaining property or services. (2)

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 and 78dd–3).

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 after the date of the enactment of this Act.