59–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–49 

PROVIDING FOR CONSIDERATION OF H.R. 1362— 

ACCOUNTABILITY IN CONTRACTING ACT 

MARCH 14, 2007.—Referred to the House Calendar and ordered to be printed 

Ms. CASTOR, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 242] 

The Committee on Rules, having had under consideration House 

Resolution 242, by a non-record vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1362 the Accountability in Contracting Act under a structured rule. The rule 

provides 60 minutes of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Oversight and Government Reform and 20 minutes of 

general debate equally divided and controlled by the chairman and 

ranking minority member of the Committee on Armed Services. 

The rule waives all points of order against consideration of the 

bill except clauses 9 and 10 of rule XXI. The rule provides that in 

lieu of the amendments recommended by the Committee on Oversight & Government Reform and the Committee on Armed Services 

now printed in the bill, the amendment in the nature of a substitute printed in Part A of this report shall be considered as an 

original bill for the purpose of amendment. All points of order except clauses 9 and 10 of rule XXI are waived against the substitute 

and the substitute shall be considered as read. 

The rule makes in order only those amendments printed in Part 

B of this report accompanying the resolution. The amendments 

made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, 

shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent 

and an opponent, shall not be subject to amendment, and shall not 


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be subject to a demand for a division of the question in the House 

or in the Committee of the Whole. All points of order against the 

amendments except for clauses 9 and 10 of rule XXI are waived. 

Finally, the rule provides one motion to recommit with or without 

instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 4(a) of rule XIII (requiring a three-day 

layover of the committee report). The waiver is necessary because 

the Committee on Armed Services filed its report (H. Rept. 110–47, 

Part 2) with the House on Wednesday, March 14, 2007 and the bill 

may be considered by the House as early as Thursday, March 15, 

2007. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 67 

Date: March 14, 2007. 

Measure: H.R. 1362. 

Motion by: Mr. Dreier. 

Summary of motion: To report an open rule. 

Results: Defeated 2–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; 

Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—

Nay; Dreier—Yea; Sessions—Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE

CONSIDERED AS AN ORIGINAL BILL

The amendment in the nature of a substitute is identical to the 

text, as amended, of H.R. 1362 as ordered reported by the Committee on Armed Services on March 13, 2007, with the following 

exceptions: 

Adds a provision to sec. 102 to clarify that statutory preferences 

for contracts to disadvantaged minority contractors and service disabled veterans, and in HUBZones, will not be covered in the plan 

to reduce sole-source contracts. 

Adds senior level personnel who participate personally and substantially in a decision to award a contract to the current revolving 

door restrictions for acquisition personnel. 

Prevents such senior level personnel who enter government service from the private sector from administering a contract awarded 

to their former employer. 

SUMMARY OF AMENDMENTS MADE ORDER

1. Matheson (UT): This amendment would provide Congress with 

prior notice of any sole source contract expected to be awarded to 

a foreign-owned company that is based in or has majority operations in a country known to sponsor terrorist activity, with the intent of allowing Congress to review and comment on the proposed 

contract. (10 minutes) 


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2. Castle (DE): This amendment would require the Office of Government Ethics to submit recommendations on requiring government contractors and federally funded research and development 

centers that advise the government to comply with personal financial interest restrictions. (10 minutes) 

PART A—TEXT OF AMENDMENT IN THE NATURE OF A 

SUBSTITUTE TO BE CONSIDERED AS AN ORIGINAL BILL 

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—IMPROVING THE QUALITY OF CONTRACTS 

Sec. 101. Limitation on length of noncompetitive contracts. 

Sec. 102. Minimizing sole-source contracts. 

Sec. 103. Maximizing fixed-price procurement contracts. 

TITLE II—INCREASING CONTRACT OVERSIGHT 

Sec. 201. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 202. Disclosure of Government contractor audit findings. 

Sec. 203. Study of acquisition workforce. 

Sec. 204. Repeal of sunset of training fund. 

TITLE III—PROMOTING INTEGRITY IN CONTRACTING 

Sec. 301. Additional provisions relating to procurement officials. 

TITLE I—IMPROVING THE QUALITY OF 

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 one year, 

unless the head of the executive agency concerned determines that 

the Government would be seriously injured by the limitation on the 

contract period. 

(c) COVERED CONTRACTS.—This section applies to any contract in 

an amount greater than $1,000,000 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: 


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(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 the Department of Defense, the term means—

(A) in the case of a military department, the Secretary 

of the military department; 

(B) in the case of a Defense Agency, the head of the Defense Agency; and 

(C) in the case of any part of the Department of Defense 

other than a military department or Defense Agency, the 

Under Secretary of Defense for Acquisition, Technology, 

and Logistics. 

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.) or, in 

the case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop and 

implement a plan to minimize, to the maximum extent practicable, 

the use of contracts entered into using procedures other than competitive procedures by the agency or department 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 

and, in the case of the Department of Defense and the Department 

of Energy, the Committees on Armed Services of the Senate and 

the House of Representatives, 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. 

(d) CERTAIN CONTRACTS EXCLUDED.—The following contracts 

shall not be included in the plans developed and implemented 

under subsection (a): 

(1) Contracts entered into under section 8(a) of the Small 

Business Act (15 U.S.C. 637(a)), in amounts less than the 

amounts listed in paragraph (1)(D)(i)(II) of that section. 

(2) Contracts entered into under section 31 (15 U.S.C. 657a) 

of such Act, in amounts less than the amounts listed in subsection (b)(2)(A)(ii) of that section. 

(3) Contracts entered into under section 36 of such Act (15 

U.S.C. 657f), in amounts less than the amounts listed in subsection (a)(2) of that section. 


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SEC. 103. MAXIMIZING FIXED-PRICE PROCUREMENT 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.) or, in 

the case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop and 

implement a plan to maximize, to the fullest extent practicable, the 

use of fixed-price type contracts for the procurement of goods and 

services by the agency or department 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 and, in the 

case of the Department of Defense and the Department of Energy, 

the Committees on Armed Services of the Senate and the House of 

Representatives, 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)(A) Except as provided in subparagraph (B), 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. 

‘‘(B) In the case of a procurement permitted by subsection (c)(2), 

subparagraph (A) shall be applied by substituting ‘30 days’ for ‘14 

days’. 

‘‘(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 


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(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)(A) Except as provided in subparagraph (B), 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. ‘‘(B) In the case of a procurement permitted by subsection (c)(2), 

subparagraph (A) shall be applied by substituting ‘30 days’ for ‘14 

days’. ‘‘(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 AUDIT FINDINGS. 

(a) QUARTERLY REPORT TO CONGRESS.— (1) The head of each Federal agency or department or, in the 

case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, 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 completed audits performed by such agency 

or department issued during the applicable quarter that 

describe contractor costs in excess of $10,000,000 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 completed audits performed by such agency 

or department issued during the applicable quarter that 

identify material 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—

(A) the Committee on Oversight and Government Reform of the House of Representatives; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(C) the Committees on Appropriations of the House of 

Representatives and the Senate; 


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(D) in the case of reports from the Department of Defense or the Department of Energy, the Committees on 

Armed Services of the Senate and the House of Representatives; and 

(E) the committees of primary jurisdiction over the agency or department submitting the report. 

(3) Paragraph (1) shall not apply to an agency or department 

with respect to a calendar quarter if no audits described in 

paragraph (1) were issued during that quarter. 

(b) SUBMISSION OF INDIVIDUAL AUDITS.—

(1) 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 committee listed in paragraph (2), 

a full and unredacted copy of any audit described in subsection 

(a)(1). Such copy shall include an identification of information 

in the audit exempt from public disclosure under section 552(b) 

of title 5, United States Code. 

(2) The committees listed in this paragraph are the following: 

(A) The Committee on Oversight and Government Reform of the House of Representatives. 

(B) The Committee on Homeland Security and Governmental Affairs of the Senate. 

(C) The Committees on Appropriations of the House of 

Representatives and the Senate. 

(D) In the case of the Department of Defense or the Department of Energy, the Committees on Armed Services of 

the Senate and House of Representatives. 

(E) The committees of primary jurisdiction over the 

agency or department to which the request is made. 

SEC. 203. 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 

the size of, 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. 204. 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 REVerDate Aug 31 2005 02:14 Mar 15, 2007 Jkt 059008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR049.XXX HR049

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LATED 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’’; and 

(B) in subparagraph (C), by striking ‘‘Federal 

agency—’’ and inserting ‘‘Federal agency or participated personally and substantially at a senior personnel 

level in—’’

(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 the 

former official’s acceptance of compensation would not damage public confidence in 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 in the administration of such contract at a senior personnel level, 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. 


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PART B—TEXT OF AMENDMENTS MADE IN ORDER UNDER 

THE RULE 

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MATHESON

OF UTAH, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title II, add the following new section: 

SEC. 2——. NOTICE TO CONGRESS OF NONCOMPETITIVE CONTRACTS 

AWARDED TO FOREIGN-OWNED COMPANIES IN COUNTRIES SPONSORING TERRORISM. 

(a) NOTICE TO CONGRESS REQUIRED.—If a contract is expected to 

be awarded by a department or agency of the Federal Government 

without the use of competitive procedures to a foreign-owned company that is based or has majority operations in a country described in subsection (b), the department or agency shall notify the 

appropriate congressional committees at least 30 days before 

awarding the contract, for purposes of providing Congress time to 

review the proposed contract and provide comments to the department or agency. 

(b) FOREIGN COUNTRIES DESCRIBED.—A country described in this 

subsection is a country the government of which the Secretary of 

State has determined, for purposes of section 6(j) of Export Administration Act of 1979, section 620A of the Foreign Assistance Act 

of 1961, section 40 of the Arms Export Control Act, or any other 

provision of law, is a government that has repeatedly provided support for acts of international terrorism. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE OF

DELAWARE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of title III the following: 

SEC. 302. REPORT TO CONGRESS. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Government Ethics 

shall submit a report to Congress that contains the Director’s recommendations on requiring Government contractors that advise 

one or more Federal agencies on procurement policy, and requiring 

federally funded research and development centers, to comply with 

restrictions relating to personal financial interests, such as those 

that apply to Federal employees. 

(b) DEFINITION.—In this section—

(1) The term ‘‘Government contractor’’ means any person 

(other than a Federal agency) with which a Federal agency has 

entered into a contract to acquire goods or services. 

(2) The term ‘‘Federal agency’’ means—

(A) any executive department or independent establishment in the executive branch of the Government, including 

any wholly owned Government corporation; and 

(B) any establishment in the legislative or judicial 

branch of the Government (except the Senate, the House 

of Representatives, and the Architect of the Capitol and 

any activities under the Architect’s direction). 

(3) The term ‘‘federally funded research and development 

center’’ means a federally funded research and development 


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center as identified by the National Science Foundation in accordance with the Federal Acquisition Regulation. 

Æ 


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