[House Report 110-47]
[From the U.S. Government Publishing Office]



110th Congress                                             Rept. 110-47
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                   ACCOUNTABILITY IN CONTRACTING ACT

                                _______
                                

                 March 12, 2007.--Ordered to be printed

                                _______
                                

  Mr. Waxman, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1362]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred the bill (H.R. 1362) to reform acquisition practices 
of the Federal Government, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     6
Legislative History..............................................     7
Section-By-Section...............................................     7
Explanation Of Amendments........................................     8
Committee Consideration..........................................     8
Roll Call Votes..................................................     8
Application Of Law To The Legislative Branch.....................     8
Statement Of Oversight Findings And Recommendations Of The 
  Committee......................................................     9
Statement Of General Performance Goals And Objectives............     9
Constitutional Authority Statement...............................     9
Federal Advisory Committee Act...................................     9
Unfunded Mandate Statement.......................................     9
Earmark Identification...........................................     9
Committee Estimate...............................................     9
Budget Authority And Congressional Budget Office Cost Estimate...    10
Changes In Existing Law Made By The Bill As Reported.............    12
Additional Views.................................................    18

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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.
Sec. 204. Study of acquisition workforce.
Sec. 205. Repeal of sunset of training fund.

             TITLE III--PROMOTING INTEGRITY 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.''.
          (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.

  ``(a) Requirement.--In addition to the sums used for the purposes 
listed in this section during fiscal year 2006, 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.
          ``(4) Contract oversight, including audits and enforcement.
  ``(b) Guidelines.--The Administrator for Federal Procurement Policy 
shall issue guidelines for executive agencies on the implementation of 
this section. Such guidelines shall ensure that the amount described in 
subsection (a) is additional funding above the fiscal year 2006 level. 
Such guidelines also shall provide direction to agencies on identifying 
priorities for the use of the additional funds.''.
  (b) Defense Contracts.--
          (1) In general.--Chapter 141 of title 10, United States Code, 
        is amended by adding at the end the following new section:

``Sec. 2410q. Requirement for 1 percent of contract amounts to be used 
                    for contract personnel, administration, oversight, 
                    and planning

  ``(a) Requirement.--In addition to the sums used for the purposes 
listed in this section during fiscal year 2006, 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.
          ``(4) Contract oversight, including audits and enforcement.
  ``(b) Guidelines.--The Administrator for Federal Procurement Policy 
shall issue guidelines for agencies on the implementation of this 
section. Such guidelines shall ensure that the amount described in 
subsection (a) is additional funding above the fiscal year 2006 level. 
Such guidelines also shall provide direction to agencies on identifying 
priorities for the use of the additional funds.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2410q. Requirement for 1 percent of contract amounts to be used for 
contract personnel, administration, oversight, and planning.''.

SEC. 204. STUDY OF ACQUISITION WORKFORCE.

  (a) Requirement for Study.--The Administrator for Federal Procurement 
Policy shall conduct a study of the composition, scope, and functions 
of the Government-wide acquisition workforce and develop a 
comprehensive definition of, and method of measuring, such workforce.
  (b) Report.--Not later than 1 year after the date of the enactment of 
this Act, the Administrator shall submit to the relevant congressional 
committees a report on the results of the study required by subsection 
(a), with such findings and recommendations as the Administrator 
determines appropriate.

SEC. 205. REPEAL OF SUNSET OF TRAINING FUND.

  Subparagraph (H) of section 37(h)(3) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 433(h)(3)) is repealed.

             TITLE III--PROMOTING INTEGRITY 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) 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 one-year period beginning on the date on which 
the employee leaves the employment of the contractor, unless the 
employee has received a waiver from the agency's designated ethics 
officer. In determining whether to issue a waiver, the designated 
ethics officer shall take into account the agency's need for the 
involvement of the employee and the impact a waiver would have on 
public confidence in the integrity of the procurement process.''.
  (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.

                          Purpose and Summary

    H.R. 1362, the ``Accountability in Contracting Act,'' was 
introduced by Rep. Waxman on March 6, 2007. The measure would 
make several changes to federal acquisition laws to increase 
transparency and accountability in federal contracting, to 
require agencies to limit the use of certain types of abuse-
prone contracts, and to promote integrity in the acquisition 
workforce. The bill would limit the length of certain 
noncompetitive contracts and require large federal agencies to 
develop plans to minimize the use of noncompetitive contracts 
and cost-reimbursement type contracts. In addition the bill 
would require the public disclosure of justification and 
approval documents required for noncompetitive contracts and 
require reports to Congress on certain contract audits. 
Finally, the bill contains a number of provisions which would 
improve the acquisition workforce.

                  Background and Need for Legislation

    Under the Bush Administration, spending on federal 
contracts has grown by $175 billion, making federal contracts 
the fastest growing component of the federal budget. The 
federal government now spends nearly 40 cents of every 
discretionary dollar on contracts with private companies, a 
record level. This surge in contract spending has enriched 
some, but it has come at a steep cost to taxpayers through 
rising waste, fraud, abuse, and mismanagement.
    Spending on sole-source and other noncompetitive contracts 
has more than doubled over the last five years. Over the last 
five years, the Administration has jeopardized taxpayer 
interests and squandered hundreds of millions of dollars by 
giving private contractors exclusive control over huge portions 
of the reconstruction effort in Iraq. The Administration has 
justified the award of lucrative sole-source contracts by 
citing urgent and compelling needs, but then allowed these 
contracts to continue years after the emergency has passed. 
Cost-reimbursement type contracts leave the taxpayer vulnerable 
to wasteful spending by providing contractors with little or no 
incentive to control costs. Between 2000 and 2005 the use of 
this type of contract has risen 75%. The Administration has 
also hidden contractor overcharges from Congress, international 
auditors, and the public, impeding oversight and diminishing 
accountability.
    And too often the independence of procurement officials has 
been compromised by illegal relationships with government 
contractors, such as when Darleen Druyun, the former chief 
acquisition official for the Air Force, negotiated a lucrative 
deal to lease aircraft from Boeing in exchange for future 
employment.
    All of these problems have been compounded by an 
insufficient acquisition workforce to both properly award and 
adequately oversee federal contracts, which has been a large 
and recurring problem for a number of years. At a Committee 
hearing on February 8, 2007, Inspector General Richard Skinner 
testified:
          The government's greatest exposure to fraud, waste 
        and abuse is undoubtedly in the area of procurement. As 
        already pointed out by members of this committee, the 
        problem is not a new one. It dates back to the federal 
        government's near-sighted policies of the early '90s to 
        reduce the federal workforce. While acquisition 
        management capabilities were being downsized, the 
        procurement workload was on the rise.
    Over the last five years, major government initiatives--
including border and homeland security, the reconstruction in 
Iraq, and the recovery effort after Hurricane Katrina--have 
been undermined by billions in wasteful spending. In total, 
contracts collectively worth over $800 billion have experienced 
significant overcharges, contract abuse, or mismanagement under 
the current Administration.

                          Legislative History

    H.R. 1362, the ``Accountability in Contracting Act,'' was 
introduced by Rep. Waxman on March 6, 2007. The Committee held 
a business meeting on the bill on March 8, 2007, at which a 
number of amendments were considered and the bill was favorably 
reported.

                           Section-By-Section

    Sec. 101 would limit the length of certain contracts 
awarded without competition. One case in which the award of 
such contracts is permitted is if an agency faces an ``unusual 
and compelling urgency'' for the goods or services (41 U.S.C. 
253(c)(2)). The bill would limit the length of a sole-source 
contract awarded using this authority to a maximum of 240 days, 
unless the length limitation is waived by the head of the 
agency due to exceptional circumstances.
    Sec. 102 would require agencies that spend more than $1 
billion on federal contracts to develop and implement a plan to 
minimize the use of sole-source contracts. The plan must 
contain measurable goals and be submitted to Congress within 
one year of enactment. The section also requires the plan to be 
submitted to the Comptroller General, who is required to submit 
an analysis of the plan to Congress within 18 months.
    Sec. 103 would require federal agencies that spend more 
than $1 billion on federal contracts to develop and implement a 
plan to minimize the use of cost-reimbursement type contracts. 
The plan must contain measurable goals and be submitted to 
Congress within one year of enactment. The section also 
requires the plan to be submitted to the Comptroller General, 
who is required to submit an analysis of the plan to Congress 
within 18 months.
    Sec. 201 would require justification and approval documents 
to be made publicly available within 14 days of the award of a 
noncompetitive contract. Justification and approval documents 
are required when an agency awards such a contract and explains 
why the agency did not require full and open competition. 
Classified, business-sensitive, and other information exempt 
from disclosure under the Freedom of Information Act is exempt 
from the requirements of this section.
    Sec. 202 would require certain contract overcharges to be 
reported to Congress. Agencies would be required to report on a 
quarterly basis all contractor costs in excess of $1 million 
that are unjustified, unsupported, questioned, or unreasonable. 
The section also requires unredacted copies of any audit 
finding such costs to be submitted to Congress upon request.
    Sec. 203 would require agencies devote at least an 
additional 1% of their procurement budget to contract 
oversight, planning, and administration. It also requires the 
Administrator for Federal Procurement Policy to issue 
implementing guidelines.
    Sec. 204 would require the Administrator for Federal 
Procurement Policy to conduct a study of the federal 
acquisition workforce and develop a comprehensive definition 
of, and method of measuring, this workforce.
    Sec. 205 would repeal 41 U.S.C. 433(h)(3), which terminates 
the authorization for an existing fund for training the 
acquisition workforce.
    Sec. 301 would amend section 27 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 423), close loopholes in the 
current ``revolving door'' laws applicable to government 
contracting officials. The bill would prevent a government 
contracting official who awarded a contract to a private 
company from working as a lobbyist or lawyer for the company 
during a one-year cooling off period. The bill would also 
prohibit contracting officials from negotiating employment for 
their relatives. In addition, the bill would prohibit for one 
year a procurement official who is a former employee of a 
private-sector contractor from working on the award or 
management of a contract held by the official's former 
employee, subject to a waiver provision.

                       Explanation of Amendments

    Five amendments to the bill were considered. Rep. Waxman 
offered an amendment in the nature of a substitute which added 
two provisions to the bill, sections 204 and 205, which are 
discussed in the section-by-section analysis above. The 
amendment also added a new requirement that the Administrator 
for Federal Procurement Policy issue guidelines to implement 
the funding provisions of section 203. The amendment was 
adopted by voice vote. Rep. Davis offered an amendment which 
would have deleted the requirement in the bill that agencies 
report on questioned costs over one million dollars, and 
replaced it with a requirement that unallowable costs be 
reported. This amendment was defeated on a voice vote. Rep. 
Davis also offered an amendment to create a government/industry 
exchange program, which was ruled non-germane. Rep. Davis also 
offered an amendment to strike section 301, which was defeated 
on a voice vote. Finally, Rep. Davis offered an amendment which 
would amend section 301 of the bill to strike the two-year 
post-employment restrictions on contracting officers and permit 
a waiver of the bill's requirement that individuals can not be 
involved in acquisitions that involve their former private 
sector employers. This amendment was adopted by voice vote. The 
bill was ordered reported on a voice vote.

                        Committee Consideration

    On Thursday, March 8, 2007, the Committee ordered the bill 
reported to the House by a voice vote.

                            Roll Call Votes

    There were no roll call votes on the bill.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill provides enhanced transparency to the operations of 
the executive branch. As such this bill does not relate to 
employment or access to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, and include making federal acquisition more 
transparent and accountable, limiting the use of abuse-prone 
contracts, and promoting integrity in the acquisition 
workforce.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 1362. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the report include unfunded mandates. In 
compliance with this requirement the Committee has received a 
letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 1362 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1362. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1362 from the Director of 
Congressional Budget Office:

                                                    March 12, 2007.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1362, the 
Accountability in Contracting Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.

H.R. 1362--Accountability in Contracting Act

    Summary: H.R. 1362 would amend federal contracting rules. 
Specifically the legislation would require federal agencies to 
limit the length of noncompetitive contracts and limit the use 
of sole- source and cost-reimbursement contracts when possible. 
H.R. 1362 also would authorize an increase in funds used to pay 
for contract oversight, planning, and administration equal to 1 
percent of the value of an agency's contracts. The legislation 
would require various reports to the Congress on noncompetitive 
contracts and contractor overcharges and amend employment 
restrictions on federal procurement officials.
    CBO estimates that implementing H.R. 1362 would cost $20 
billion over the 2008-2012 period, assuming appropriation of 
the necessary amounts to provide additional resources for 
contract oversight, planning, and administration. That estimate 
does not include any costs or savings that could result from 
implementing the legislation's provisions regarding the use of 
noncompetitive and cost-reimbursement contracts. CBO has no 
basis for estimating any costs or savings for those provisions. 
Enacting the bill could affect revenues by increasing 
collections of civil penalties, but CBO estimates that any 
increase in revenue collection would not be significant. 
Enacting the bill would not affect direct spending.
    H.R. 1362 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments.
    H.R. 1362 would impose a private-sector mandate, as defined 
in UMRA, on certain former federal officials that were 
substantially involved in the awarding of contracts. CBO 
expects that the direct cost of complying with the mandate 
would fall well below the annual threshold for private-sector 
mandates ($131 million in 2007, adjusted annually for 
inflation).
    Estimated cost to the federal government: The estimated 
budgetary impact of H.R. 1362 is shown in the following table. 
The cost of this legislation falls within all budget functions 
that provide contract funding.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2008      2009      2010      2011      2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.................................     4,000     4,070     4,145     4,220     4,295
Estimated Outlays.............................................     3,440     3,900     4,090     4,165     4,240
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 1362 would amend federal 
contracting rules and authorize the appropriation of additional 
funds for contract oversight, planning, and administration. CBO 
estimates that implementing H.R. 1362 would cost about $20 
billion over the 2008-2012 period, assuming appropriation of 
the necessary funds. For this estimate, CBO assumes that the 
bill will be enacted before the start of fiscal year 2008 and 
that spending will follow historical patterns for contract 
oversight activity.

Spending subject to appropriation

    Contract Oversight. Section 203 would authorize the 
appropriation of additional funds for contract oversight, 
planning, and administration equivalent to 1 percent of the 
value of contract awards. Those funds would be used for hiring 
and training of acquisition workforce personnel, as well as 
contract planning, administration, and oversight. Based on 
information from the General Services Administration, CBO 
estimates that federal government awards contracts with a value 
of about $400 billion annually. Thus, CBO estimates that 
implementing H.R. 1362 would require additional appropriations 
of about $4 billion annually (with adjustments for inflation). 
As a result, we estimate a cost ofabout $20 billion over the 
2008-2012 period, assuming appropriation of the necessary amounts, and 
that the value of federal contracts increases at the rate of 
anticipated inflation.
    Federal Contracting Rules. H.R. 1362 would amend various 
contracting rules regarding the use of noncompetitive, sole-
source, and cost-reimbursement contracts by the federal 
government. This would include restrictions on the contract 
period for noncompetitive contracts and limiting the use of 
sole-source and cost-reimbursement contracts.
    The provisions of the legislation that would impose 
restrictions on the length of noncompetitive contracts and 
limit the use of sole-source and cost-reimbursement contracts 
could increase costs for contract administration, but could 
also result in the use of other types of contract procurements 
that may lower costs to the government. CBO has no basis for 
estimating the net impact on the budget of those provisions. 
The circumstances involving the use of cost-reimbursement and 
noncompetitive contracts by federal agencies and the potential 
to use other types of contracts in those situations is often 
unique. At this time, CBO does not have sufficient information 
relating to the use of noncompetitive and cost-reimbursement 
contracts to determine the magnitude of any cost or savings 
that could result from implementing H.R. 1362.
    Other Provisions. The legislation also would require 
federal agencies to report to the Congress on noncompetitive 
and contractor overcharges. In addition, H.R. 1362 would 
require reviews and reports by the Government Accountability 
Office on the use of federal contracts. H.R. 1362 would amend 
employment restrictions on federal procurement officials. Based 
on the cost of similar activities, CBO estimates that those 
provisions would increase federal administrative costs by a few 
million dollars a year.

Revenues

    Enacting H.R. 1362 could affect federal revenues as a 
result of new civil penalties for violations of procurement 
employment restrictions. Collections of civil penalties are 
recorded in the budget as revenues. CBO estimates, however, 
that any change in revenues that would result from enacting the 
bill would not be significant.
    Estimated impact on state, local, and tribal governments: 
H.R. 1362 contains no intergovernmental mandates as defined in 
UMRA and would not affect the budgets of state, local, or 
tribal governments.
    Estimate impact on the private sector: H.R. 1362 would 
impose a private-sector mandate, as defined in UMRA, on certain 
former federal officials that were substantially involved in 
government contracts awarded in excess of $10 million. The bill 
would expand an existing one-year restriction that would 
prohibit those officials from accepting compensation as an 
employee, officer, director, or consultant from contractors 
receiving such awards. The mandate would apply to those 
officials that leave government service after March 31, 2007, 
but before the date of enactment. The cost of the mandate would 
be the potential loss of net income resulting from the 
restriction on those former federal officials. Because the bill 
would limit the restriction on compensation to apply to lines 
of business directly related to the awarded contract, CBO 
expects the direct cost of complying with the mandate would be 
minimal and would fall below the annual threshold established 
in UMRA ($131 million in 2007, adjusted annually for 
inflation).
    Estimate prepared by: Federal costs: Matthew Pickford. 
Impact on state, local, and tribal governments: Lisa Ramirez-
Branum. Impact on the private sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

        FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949


TITLE III--PROCUREMENT PROCEDURE

           *       *       *       *       *       *       *


SEC. 303. COMPETITION REQUIREMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (f)(1) * * *

           *       *       *       *       *       *       *

  [(4) The justification required by paragraph (1)(A) and any 
related information shall be made available for inspection by 
the public consistent with the provisions of section 552 of 
title 5, United States Code.]
  [(5)] (4) In no case may an executive agency--
          (A)  * * *
        

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


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

  (a) Requirement.--In addition to the sums used for the 
purposes listed in this section during fiscal year 2006, 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.
          (4) Contract oversight, including audits and 
        enforcement.
  (b) Guidelines.--The Administrator for Federal Procurement 
Policy shall issue guidelines for executive agencies on the 
implementation of this section. Such guidelines shall ensure 
that the amount described in subsection (a) is additional 
funding above the fiscal year 2006 level. Such guidelines also 
shall provide direction to agencies on identifying priorities 
for the use of the additional funds.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 10, UNITED STATES CODE



           *       *       *       *       *       *       *
Subtitle A--General Military Law

           *       *       *       *       *       *       *


PART IV--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *


CHAPTER 137--PROCUREMENT GENERALLY

           *       *       *       *       *       *       *


Sec. 2304. CONTRACTS: COMPETITION REQUIREMENTS

  (a) * * *

           *       *       *       *       *       *       *

  (f)(1) * * *

           *       *       *       *       *       *       *

  [(4) The justification required by paragraph (1)(A) and any 
related information, and any document prepared pursuant to 
paragraph (2)(E), shall be made available for inspection by the 
public consistent with the provisions of section 552 of title 
5.]
  [(5)] (4) In no case may the head of an agency--
          (A) * * *

           *       *       *       *       *       *       *

  [(6)] (5)(A) The authority of the head of a procuring 
activity under paragraph (1)(B)(ii) may be delegated only to an 
officer or employee who--
          (i)  * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


           CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS

Sec.
2381.  Contracts: regulations for bids.
     * * * * * * *
2410q.  Requirement for 1 percent of contract amounts to be used for 
          contract personnel, administration, oversight, and planning.

           *       *       *       *       *       *       *


Sec.  2410q. Requirement for 1 percent of contract amounts to be used 
                    for contract personnel, administration, oversight, 
                    and planning

  (a) Requirement.--In addition to the sums used for the 
purposes listed in this section during fiscal year 2006, 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.
          (4) Contract oversight, including audits and 
        enforcement.
  (b) Guidelines.--The Administrator for Federal Procurement 
Policy shall issue guidelines for agencies on the 
implementation of this section. Such guidelines shall ensure 
that the amount described in subsection (a) is additional 
funding above the fiscal year 2006 level. Such guidelines also 
shall provide direction to agencies on identifying priorities 
for the use of the additional funds.

           *       *       *       *       *       *       *

                              ----------                              


                OFFICE OF FEDERAL PROCUREMENT POLICY ACT



           *       *       *       *       *       *       *
SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRACTOR BID OR 
                    PROPOSAL INFORMATION OR SOURCE SELECTION 
                    INFORMATION.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Actions Required of Procurement Officers When Contacted 
by Offerors Regarding Non-Federal Employment.--(1) If an agency 
official who is participating personally and substantially in a 
Federal agency procurement for a contract in excess of the 
simplified acquisition threshold contacts or is contacted by a 
person who is a bidder or offeror in that Federal agency 
procurement regarding possible non-Federal employment for that 
official or for a relative of that official (as defined in 
section 3110 of title 5, United States Code), the official 
shall--
                  (A)  * * *

           *       *       *       *       *       *       *

  (d) Prohibition on Former Official's Acceptance of 
Compensation From Contractor.--(1) A former official of a 
Federal agency may not accept compensation from a contractor as 
an employee, officer, director, [or consultant] consultant, 
lawyer, or lobbyist of the contractor within a period of one 
year after such former official--
                  (A)  * * *
                  

           *       *       *       *       *       *       *

                  (C) [personally made for the Federal agency--
                ] participated personally and substantially 
                in--
                          (i)  * * *
                          

           *       *       *       *       *       *       *

  [(2) Nothing in paragraph (1) may be construed to 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.]
  (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.

           *       *       *       *       *       *       *

  (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 
one-year period beginning on the date on which the employee 
leaves the employment of the contractor, unless the employee 
has received a waiver from the agency's designated ethics 
officer. In determining whether to issue a waiver, the 
designated ethics officer shall take into account the agency's 
need for the involvement of the employee and the impact a 
waiver would have on public confidence in the integrity of the 
procurement process.
  (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.

           *       *       *       *       *       *       *


SEC. 37. ACQUISITION WORKFORCE.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Education and Training.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Acquisition workforce training fund.--(A) * * *

           *       *       *       *       *       *       *

  [(H) This paragraph shall cease to be effective five years 
after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2004.]

           *       *       *       *       *       *       *


                ADDITIONAL VIEWS OF RANKING MEMBER DAVIS

    H.R. 1362 would make a number of changes to the procurement 
laws in an attempt to reform our acquisition system through a 
series of restrictions and reports that are geared towards 
greater regulation and oversight. More specifically, the 
legislation would, in part, (1) limit the duration of contracts 
awarded under urgent conditions, (2) require agency reports 
regarding the use of cost-type and sole-source contracts, (3) 
require additional reports to Congress on audit reports under 
cost-type contracts and, (4) broaden the reach of current 
limitations on post-employment opportunities for our 
acquisition workforce as well as limit the ability of 
acquisition workers hired by the government from the private 
sector to participate in certain acquisition activities.
    H.R. 1362 also includes two provisions that Chairman Waxman 
added at my request, both intended to strengthen the federal 
acquisition workforce through better training and management. 
Section 204 would require the Administrator for Federal 
Procurement Policy to come up with a government-wide definition 
for ``acquisition workforce'' and section 205 would make 
permanent the Acquisition Workforce Training Fund, first 
enacted in the Services Acquisition Reform Act, which I 
authored.
    During Committee consideration of H.R. 1362, I offered 
three amendments which would have helped the legislation 
address some of the real challenges facing our acquisition 
system. Unfortunately, none of them were accepted. The problems 
the amendments sought to address were primarily the result of 
management difficulties exacerbated by an overburdened, 
understaffed and undertrained workforce.
    First, I offered an amendment to section 202. That section 
would require agencies to provide Congress reports on 
preliminary contract audits that contain ``questionable'' 
contractor costs above $1 million--in the auditor's opinion. I 
believe, however, such reports will present a distorted and 
incomplete picture of the management of cost-type contracts. 
Contract auditors are critical cogs in the management system. 
They write audit reports which are submitted to aid the 
contracting officer in making his final determination of 
whether particular costs are reasonable and consistent with 
applicable law and the contract terms--and therefore permitted 
or ``allowable'' under the contract. The key here is that the 
contracting officer--not the auditor--makes the final 
determination of whether costs are reasonable and allowable 
based on the assistance of those auditors and other experts. 
Then, after carefully considering all the relevant facts and 
circumstances, the contracting officer makes his or her 
determination.
    My amendment would have provided for quarterly reports to 
Congress on the outcomes of the oversight process, requiring a 
report to Congress on costs which have been determined by the 
contracting officer to be ``unallowable.'' These reports would 
have provided an accurate picture of costs actually billed to 
the government that the contracting officer determined the 
government would not pay under the applicable laws and 
regulations.
    There is no question there are significant challenges in 
ensuring there are adequate controls over cost-type contracts--
and my amendment would have presented the real ``overcharges'' 
for all to see. It may not make headlines or provide fodder for 
websites, but it would have provided a solid basis for 
congressional oversight.
    Second, I offered an amendment that would have created an 
acquisition professional exchange program to permit the 
exchange of high-performing acquisition professionals between 
the federal government and participating private-sector 
concerns. The program would have provided both public and 
private sector employees invaluable first-hand experience and 
insight to bring back to their respective organizations. The 
program contains extensive ethics protections, modeled after my 
Digital Tech Corps Act, enacted in 2002, which provided for the 
exchange of technology professionals between the private and 
public sectors.
    We have heard time and time again from the Office of 
Federal Procurement Policy (OFPP), from the Government 
Accountability Office, from government employee and contractor 
organizations, that the lack of properly trained and skilled 
acquisition workers is the overriding challenge faced by our 
acquisition system today. This program is a common-sense 
approach that would provide desperately needed business skills 
to our workforce at a minimal cost.
    Third, I offered an amendment to strike the provisions of 
title III in the bill. The provisions in title III would 
broaden the reach and lengthen the duration of current 
limitations on post-employment opportunities for our 
acquisition workforce as well as limit the ability of 
acquisition workers hired by the government from the private 
sector to participate in certain acquisition activities. This 
Committee voted on these provisions twice before. It marked up 
the Executive Branch Reform Act in Committee last year (H.R. 
5112) with these exact same provisions and again earlier this 
year (H.R. 984).
    I supported these provisions in the past, and I have been 
criticized roundly for it. I have subsequently heard from trade 
associations and government officials alike on the potential 
problems that these provisions will cause. Specifically, the 
concern is that they will hamper the government's ability to 
recruit and retain the brightest personnel in our acquisition 
workforce. At a time when we must be looking for ways to retain 
qualified acquisition personnel who are at or approaching 
retirement age, and, at the same time, must be looking for 
effective ways to recruit new, qualified people, we are instead 
imposing new restrictions on these federal employees--
restrictions which could have a detrimental impact on the 
executive branch's ability to recruit and retain the brightest 
personnel for the acquisition workforce.
    Our committee has held several oversight hearings on 
troubled agency acquisition programs. The witnesses have noted 
this very problem themselves. Comptroller General David Walker 
testified that we lacked a sufficient number of trained 
acquisition workers to manage the critical contracts needed to 
support or troops and to rebuild Iraq's infrastructure. 
Department of Homeland Security officials testified about 
woefully understaffed programs such as SBInet and Deepwater. 
DHS IG Richard Skinner said in his testimony that contractors 
outnumber Federal employees on the Deepwater program. We all 
know the reason: we simply do not have the trained federal 
workers to do the job.
    We also received a letter from OFPP Administrator Paul 
Dennett in which he says, ``The loss of so many individuals 
with a deep, ingrained institutional knowledge of their agency 
has the potential to cause a lapse or pause of service 
delivery.'' He believes the provisions in this bill would 
minimize the efforts of his office to improve recruitment, 
retention, and expertise of the government-wide acquisition 
workforce. Mr. Dennett's letter also notes that the National 
Academy of Science claims that the ``laws restricting post-
Government employment have become the biggest disincentive to 
public service.'' And, unfortunately, the provisions in this 
bill do just that. We are discouraging people from seeking 
employment with the federal government at a time when our 
acquisition workforce is--to put it nicely--strained. We have 
also received a letter from the Office of Government Ethics 
(OGE) opposing these provisions. OGE claims that a number of 
these provisions overlap with current rules and regulations, 
thus creating a confusing web of restrictions under which 
federal employees must abide.
    While I wholeheartedly support the desire to promote 
integrity, transparency, and accountability in government, I 
believe these provisions go too far. There are too many good 
people working for this government for us to pass restrictive 
and onerous provisions based on the misdeeds of a handful of 
employees. We need to promote the natural churn of employees 
between the public and private sector instead of trying to 
stymie it.
    After the amendment to strike title III was defeated, I 
offered another amendment to this title that would shorten the 
two year post-employment restrictions on contracting officers 
to one year and permit a waiver of the restriction on the 
ability of acquisition workers hired by the government from the 
private sector to participate in certain acquisition 
activities. The amendment would also shorten the duration of 
the activity restriction from two years to one year. This 
amendment, which was adopted by voice, will lessen the impact 
of these provisions. It goes part of the way towards addressing 
my concerns about the negative affect of such restrictions on 
our ability to recruit, hire and retain the skilled acquisition 
workforce our nation so desperately needs.

                                   Tom Davis.

                                  
