I 

108TH CONGRESS 

1ST SESSION H. R. 2017

To require public disclosure of noncompetitive contracting for the 

reconstruction of the infrastructure of Iraq, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2003

Mr. KLECZKA (for himself and Mr. HINCHEY) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL

To require public disclosure of noncompetitive contracting 

for the reconstruction of the infrastructure of Iraq, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sunshine in Iraq Re5 construction Act of 2003’’. 

6 SEC. 2. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON7 TRACTING FOR THE RECONSTRUCTION OF 

8 INFRASTRUCTURE IN IRAQ. 

9 (a) DISCLOSURE REQUIRED.—
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1 (1) PUBLICATION AND PUBLIC AVAILABILITY.—

2 The head of an executive agency of the United 

3 States that enters into a contract for the repair, 

4 maintenance, or construction of infrastructure in 

5 Iraq without full and open competition shall publish 

6 in the Federal Register or Commerce Business Daily 

7 and otherwise make available to the public, not later 

8 than 30 days after the date on which the contract 

9 is entered into, the following information: 

10 (A) The amount of the contract. 

11 (B) A brief description of the scope of the 

12 contract. 

13 (C) A discussion of how the executive 

14 agency identified, and solicited offers from, po15 tential contractors to perform the contract, to16 gether with a list of the potential contractors 

17 that were issued solicitations for the offers. 

18 (D) The justification and approval docu19 ments on which was based the determination to 

20 use procedures other than procedures that pro21 vide for full and open competition. 

22 (2) INAPPLICABILITY TO CONTRACTS AFTER

23 FISCAL YEAR 2013.—Paragraph (1) does not apply to 

24 a contract entered into after September 30, 2013. 

25 (b) CLASSIFIED INFORMATION.—
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1 (1) AUTHORITY TO WITHHOLD.—The head of 

2 an executive agency may—

3 (A) withhold from publication and disclo4 sure under subsection (a) any document that is 

5 classified for restricted access in accordance 

6 with an Executive order in the interest of na7 tional defense or foreign policy; and 

8 (B) redact any part so classified that is in 

9 a document not so classified before publication 

10 and disclosure of the document under sub11 section (a). 

12 (2) AVAILABILITY TO CONGRESS.—In any case 

13 in which the head of an executive agency withholds 

14 information under paragraph (1), the head of such 

15 executive agency shall make available an unredacted 

16 version of the document containing that information 

17 to the chairman and ranking member of each of the 

18 following committees of Congress: 

19 (A) The Committee on Governmental Af20 fairs of the Senate and the Committee on Gov21 ernment Reform of the House of Representa22 tives. 

23 (B) The Committees on Appropriations of 

24 the Senate and House of Representatives. 
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1 (C) Each committee that the head of the 

2 executive agency determines has legislative ju3 risdiction for the operations of such department 

4 or agency to which the information relates. 

5 (c) FISCAL YEAR 2003 CONTRACT.—This section 

6 shall apply to contracts entered into on or after October 

7 1, 2002, except that, in the case of a contract entered into 

8 before the date of the enactment of this Act, subsection 

9 (a) shall be applied as if the contract had been entered 

10 into on the date of the enactment of this Act. 

11 (d) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—

12 Nothing in this section shall be construed as affecting obli13 gations to disclose United States Government information 

14 under any other provision of law. 

15 (e) DEFINITIONS.—In this section, the terms ‘‘execu16 tive agency’’ and ‘‘full and open competition’’ have the 

17 meanings given such terms in section 4 of the Office of 

18 Federal Procurement Policy Act (41 U.S.C. 403).

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