II 

109TH CONGRESS 

2D SESSION S. 2277 

To promote accountability and prevent fraud in Federal contracting. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2006 

Mr. DURBIN (for himself, Mr. DORGAN, Mr. JOHNSON, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To promote accountability and prevent fraud in Federal 

contracting. 

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 ‘‘Reconstruction Ac5 countability and Fraud Prevention Act of 2005’’. 

6 SEC. 2. ACCOUNTABILITY IN FEDERAL CONTRACTING. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (b), none of the funds appropriated or otherwise made 

9 available by the Emergency Supplemental Appropriations 

10 Act to Meet Immediate Needs Arising From the Con-
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1 sequences of Hurricane Katrina, 2005 (Public Law 109– 

2 61), by the Second Emergency Supplemental Appropria3 tions Act to Meet Immediate Needs Arising From the 

4 Consequences of Hurricane Katrina, 2005 (Public Law 

5 109–62), or through the Iraq Relief and Reconstruction 

6 Fund may be obligated or expended in connection with a 

7 contract or covered task order entered into after the date 

8 of the enactment of this Act with a contractor that, during 

9 the previous 5 years— 

10 (1) has been found by an executive agency or 

11 any Inspector General to have overcharged or im12 properly billed the Federal Government by a total of 

13 at least $10,000,000 through one or more over14 charges; 

15 (2) has been found by an executive agency or 

16 any Inspector General to have committed one or 

17 more fraudulent acts resulting in total costs or 

18 losses to the Federal Government of at least 

19 $10,000,000; or 

20 (3) has been suspended or debarred for a period 

21 of at least one year under the Federal suspension 

22 and debarment regulations. 

23 (b) NATIONAL SECURITY WAIVER.—The President 

24 may waive the restrictions under subsection (a) on a case25 by-case basis if the President determines that such waiver 
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1 is in the national security interest of the United States 

2 and submits to the appropriate congressional authorities 

3 a report describing the reasons for such determination. 

4 (c) DEFINITIONS.—In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL AUTHORI6 TIES.—The term ‘‘appropriate congressional authori7 ties’’ means— 

8 (A) the majority leader and the minority 

9 leader of the Senate; 

10 (B) the Speaker of the House of Rep11 resentatives and the minority leader of the 

12 House of Representatives; and 

13 (C) the Committees on Appropriations of 

14 the Senate and the House of Representatives. 

15 (2) COVERED TASK ORDER.—The term ‘‘cov16 ered task order’’ means a task order valued at more 

17 than $10,000,000 entered into pursuant to a con18 tract entered into before the date of the enactment 

19 of this Act. 

20 (3) EXECUTIVE AGENCY.—The term ‘‘executive 

21 agency’’ has the meaning given that term in section 

22 4 of the Office of Federal Procurement Policy Act 

23 (41 U.S.C. 403). 

Æ