I 

113TH CONGRESS 

1ST SESSION H. R. 2444 

To implement common sense controls on the taxpayer-funded salaries of 

government contractors by limiting reimbursement for excessive compensation. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2013 

Mr. TONKO (for himself and Ms. SPEIER) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform, 

and in addition to the Committee on Armed Services, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To implement common sense controls on the taxpayer-funded 

salaries of government contractors by limiting reimbursement for excessive compensation. 

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 ‘‘Commonsense Con5 tractor Compensation Act of 2013’’. 

6 SEC. 2. LIMITATION ON ALLOWABLE GOVERNMENT CON7 TRACTOR COMPENSATION COSTS. 

8 (a) LIMITATION.— 


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1 (1) CIVILIAN CONTRACTS.—Section 

2 4304(a)(16) of title 41, United States Code, is 

3 amended to read as follows: 

4 ‘‘(16) Costs of compensation of contractor and 

5 subcontractor employees for a fiscal year, regardless 

6 of the contract funding source, to the extent that 

7 such compensation exceeds the rate payable for the 

8 Vice President under section 104 of title 3, United 

9 States Code, except that the head of an executive 

10 agency may establish one or more narrowly targeted 

11 exceptions for scientists, engineers, or other special12 ists upon a determination that such exceptions are 

13 needed to ensure that the executive agency has con14 tinued access to needed skills and capabilities.’’. 

15 (2) DEFENSE CONTRACTS.—Section 

16 2324(e)(1)(P) of title 10, United States Code, is 

17 amended to read as follows: 

18 ‘‘(P) Costs of compensation of contractor 

19 and subcontractor employees for a fiscal year, 

20 regardless of the contract funding source, to the 

21 extent that such compensation exceeds the rate 

22 payable for the Vice President under section 

23 104 of title 3, United States Code, except that 

24 the head of an executive agency may establish 

25 one or more narrowly targeted exceptions for 


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1 scientists, engineers, or other specialists upon a 

2 determination that such exceptions are needed 

3 to ensure that the executive agency has contin4 ued access to needed skills and capabilities.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) REPEAL.—Section 1127 of title 41, United 

7 States Code, is hereby repealed. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 11 of title 41, 

10 United States Code, is amended by striking the item 

11 relating to section 1127. 

12 (c) APPLICABILITY.—This section and the amend13 ments made by this section shall apply only with respect 

14 to costs of compensation incurred under contracts entered 

15 into on or after the date that is 180 days after the date 

16 of the enactment of this Act. 

17 (d) REPORTS.— 

18 (1) IN GENERAL.—Not later than 60 days after 

19 the end of each fiscal year, the Director of the Office 

20 of Management and Budget shall submit a report on 

21 contractor compensation to— 

22 (A) the Committee on Armed Services of 

23 the Senate; 

24 (B) the Committee on Armed Services of 

25 the House of Representatives; 


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1 (C) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 (D) the Committee on Homeland Security 

4 of the House of Representatives; 

5 (E) the Committee on Appropriations of 

6 the Senate; and 

7 (F) the Committee on Appropriations of 

8 the House of Representatives. 

9 (2) ELEMENTS.—The report required under 

10 paragraph (1) shall include— 

11 (A) the total number of contractor employ12 ees, by executive agency, in the narrowly tar13 geted exception positions described under sub14 section (a) during the preceding fiscal year; 

15 (B) the taxpayer-funded compensation 

16 amounts received by each contractor employee 

17 in a narrowly targeted exception position during 

18 such fiscal year; and 

19 (C) the duties and services performed by 

20 contractor employees in the narrowly targeted 

21 exception positions during such fiscal year. 

Æ 


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