II

103D CONGRESS

1ST SESSION S. 1139

To provide for reform of environmental contracting, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 22, 1993

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To provide for reform of environmental contracting, 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 ‘‘Responsible Environ5 mental Management Act of 1993’’.

6 SEC. 2. FINDINGS.

7 (a) FINDINGS.—Congress finds that—

8 (1) the Environmental Protection Agency relies

9 heavily on outside contractors to provide necessary

10 support services throughout all of the program of-
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1 fices of the Agency in order to achieve the environ2 mental protection mission of the Agency;

3 (2) numerous audits and reports by the Inspec4 tor General of the Agency and the General Account5 ing Office over the 10-year period preceding the date

6 of enactment of this Act have uncovered pervasive

7 problems of mismanagement of the contract, fiscal,

8 and information systems programs of the Agency;

9 (3) the contract mismanagement problems of

10 the Agency have led to improper conflicts of interest,

11 performance of personal services and inherently gov12 ernmental functions by contractors, and large-scale

13 waste, fraud, and abuse; and

14 (4) the fiscal and information systems mis15 management problems of the Agency have poten16 tially cost taxpayers hundreds of millions of dollars

17 and have crippled the ability of the Agency to make

18 sound, reasoned, and informed decisions about the

19 appropriate conduct of the environmental protection

20 programs of the Agency.

21 (b) PURPOSES.—The purposes of this Act are to—

22 (1) provide better accountability within the

23 Agency in order to improve the management of the

24 contract, fiscal, and information systems programs

25 of the Agency; and
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1 (2) increase sanctions on contractors who seek

2 reimbursement for unallowable costs.

3 SEC. 3. DEFINITIONS.

4 As used in this Act:

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency.

8 (2) ADVISORY AND ASSISTANCE SERVICES.—

9 The term ‘‘advisory and assistance services’’—

10 (A) means services to support or im11 prove—

12 (i) agency policy development, deci13 sionmaking, management, and administra14 tion; or

15 (ii) the operation of management sys16 tems; and

17 (B) includes—

18 (i) management and professional sup19 port services;

20 (ii) the conduct of studies, analyses,

21 and evaluations; and

22 (iii) engineering and technical serv23 ices.

24 (3) AGENCY.—The term ‘‘Agency’’ means the

25 Environmental Protection Agency.
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1 (4) COVERED CONTRACT.—The term ‘‘covered

2 contract’’ means a contract for an amount in excess

3 of $1,000,000, other than a fixed-price contract

4 without cost incentives, entered into by the Agency.

5 (5) RESPONSE ACTION CONTRACT.—The term

6 ‘‘response action contract’’ has the meaning provided

7 in section 119(e)(1) of the Comprehensive Environ8 mental Response, Compensation, and Liability Act

9 of 1980 (42 U.S.C. 9619(e)(1)).

10 (6) UMBRELLA CONTRACT.—The term ‘‘um11 brella contract’’ means a contract by the appropriate

12 official of the Agency that—

13 (A) provides for the performance of spe14 cific advisory and assistance services;

15 (B) does not procure or specify a firm

16 quantity of services;

17 (C) provides for services to be supplied to

18 the Federal Government in response to specific

19 task orders to the contractor from the Federal

20 Government;

21 (D) requires the contractor to provide a

22 stated amount of effort over a given period of

23 time (commonly referred to as a ‘‘level of effort

24 contract’’);
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1 (E) has a maximum potential value, in2 cluding any options, of at least $1,000,000; and

3 (F) has a maximum potential period of

4 performance, including any options, that is

5 longer than 1 year.

6 SEC. 4. CONTRACT COSTS.

7 The Office of Federal Procurement Policy Act (41

8 U.S.C. 401 et seq.) is amended by adding at the end the

9 following new section:

10 ‘‘SEC. 29. INDIRECT COSTS UNDER ENVIRONMENTAL PRO11 TECTION AGENCY CONTRACTS.

12 ‘‘(a) DEFINITION.—As used in this section, the term

13 ‘covered contract’ means an Environmental Protection

14 Agency contract for an amount in excess of $1,000,000,

15 other than a fixed-price contract without cost incentives.

16 ‘‘(b) COSTS DISALLOWED.—If—

17 ‘‘(1) a contractor under a covered contract sub18 mits a proposal for settlement of indirect costs in19 curred by the contractor for any period beginning

20 after the costs have been accrued; and

21 ‘‘(2) the proposal includes the submission of a

22 cost that is unallowable because the cost is in viola23 tion of—

24 ‘‘(A) a cost principle in the Federal Acqui25 sition Regulation promulgated under section 25
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1 or in the Environmental Protection Agency sup2 plement to the Federal Acquisition Regulation,

3 or

4 ‘‘(B) any other provision of law,

5 the cost shall be disallowed.

6 ‘‘(c) ADMINISTRATIVE PENALTIES.—

7 ‘‘(1) UNALLOWABLE COSTS IN SETTLEMENT

8 PROPOSALS.—

9 ‘‘(A) IN GENERAL.—If the Administrator

10 determines that a cost submitted by a contrac11 tor under a covered contract in the proposal of

12 the contractor for settlement is expressly unal13 lowable under a cost principle referred to in

14 subsection (b)(2)(A) that defines the allow15 ability of specific selected costs, the Adminis16 trator of the Environmental Protection Agency

17 may assess a penalty against the contractor in

18 an amount equal to the amount of the dis19 allowed cost allocated to covered contracts for

20 which a proposal for settlement of indirect costs

21 has been submitted, plus interest to compensate

22 the United States for the use of any funds that

23 the contractor has claimed in excess of the

24 amount to which the contractor was entitled.
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1 ‘‘(B) INCREASED PENALTY.—If the Ad2 ministrator of the Environmental Protection

3 Agency determines that a proposal for settle4 ment of indirect costs submitted by a contractor

5 under a covered contract includes a cost deter6 mined to be unallowable in the case of the con7 tractor before the submission of the proposal,

8 the Administrator may assess a penalty against

9 the contractor in an amount not to exceed twice

10 the amount of the disallowed cost allocated to

11 covered contracts for which a proposal for set12 tlement of indirect costs has been submitted,

13 plus interest to compensate the United States

14 for the use of any funds that the contractor has

15 claimed in excess of the amount to which the

16 contractor was entitled.

17 ‘‘(2) INTERIM CLAIM PENALTY.—If, before com18 pleting performance of a covered contract, the con19 tractor submits for payment allocated to the con20 tract an unallowable cost that is described in sub21 section (e) and that would provide a basis for penal22 izing the contractor under paragraph (1) if it were

23 submitted in a proposal for settlement of indirect

24 costs, the Administrator may assess a penalty

25 against the contractor in the amount of $50,000.
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1 ‘‘(3) LIABILITY.—A person who has been as2 sessed a penalty under paragraph (1)(A) shall not be

3 liable for a penalty under paragraph (1)(B) for the

4 same unallowable cost. A person who has been as5 sessed a penalty under paragraph (1)(B) shall not

6 be liable for a penalty under paragraph (1)(A) for

7 the same unallowable cost. A person who has been

8 assessed a penalty under paragraph (2) shall not be

9 liable for a penalty under paragraph (1) for the

10 same unallowable cost. A person who has been as11 sessed a penalty under paragraph (1) for an unal12 lowable cost that is described in subsection (e) may

13 be liable for a penalty under paragraph (2) for the

14 same unallowable cost.

15 ‘‘(4) PROCEDURES.—

16 ‘‘(A) NOTICE.—Before assessing a penalty

17 under paragraph (2), the Administrator shall

18 give the contractor written notice of the pro19 posed penalty and an opportunity to request,

20 during the 30-day period beginning on the date

21 notice is received by the contractor, a hearing

22 on the proposed penalty assessment. The hear23 ing shall not be subject to section 554 or 556

24 of title 5, United States Code, but shall provide
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1 the contractor a reasonable opportunity to be

2 heard and to present evidence.

3 ‘‘(B) HEARINGS.—The Administrator may

4 issue rules governing discovery procedures for

5 hearings conducted pursuant to this paragraph.

6 ‘‘(d) CALCULATION OF PENALTIES AND INTEREST.—

7 ‘‘(1) PENALTIES.—In determining the appro8 priate amount of a penalty under subsection (c), the

9 Administrator may consider—

10 ‘‘(A) whether the contractor withdraws a

11 proposal before the formal initiation of an audit

12 of the proposal by the Federal Government and

13 submits a revised proposal that does not con14 tain any cost that provides a basis for penaliz15 ing the contractor under subsection (c);

16 ‘‘(B) whether the amount of unallowable

17 costs that provide a basis for penalizing the

18 contractor is insignificant;

19 ‘‘(C) whether the contractor demonstrates,

20 to the satisfaction of the Administrator, that—

21 ‘‘(i) the contractor has established

22 policies, a personnel training program, and

23 an internal control and review system that

24 ensures that proposals for settlement of in25 direct costs of the contractor do not in-
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1 clude unallowable costs that provide a

2 basis for penalizing the contractor under

3 subsection (c); and

4 ‘‘(ii) the unallowable costs that pro5 vide a basis for penalizing the contractor

6 under subsection (c) were inadvertently in7 cluded in the proposal; and

8 ‘‘(D) any previous instances with respect

9 to which the contractor has submitted claims

10 for unallowable costs under any contract with

11 the Environmental Protection Agency.

12 ‘‘(2) INTEREST.—Interest with respect to unal13 lowable costs claimed by a contractor shall be com14 puted from the first day of the contractor’s fiscal

15 year in which the costs were incurred.

16 ‘‘(e) COSTS SPECIFICALLY UNALLOWABLE.—The

17 following costs are not allowable costs under a covered

18 contract:

19 ‘‘(1) Any cost of entertainment, a gift, or recre20 ation for an employee of the contractor or a member

21 of the family of the contractor provided by the con22 tractor to improve employee morale or performance,

23 or for any other purpose, in any amount, except that

24 nothing in this section precludes a contractor from
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1 providing the entertainment, gift, or recreation at no

2 expense to the Federal Government.

3 ‘‘(2) Any cost of travel, unless—

4 ‘‘(A) the cost is allowable under section 24;

5 and

6 ‘‘(B) the cost is supported by detailed doc7 umentation, including documentation with re8 spect to—

9 ‘‘(i) the amount, time, date, origin,

10 and destination of the travel and the pur11 pose of the travel; and

12 ‘‘(ii) with respect to each traveler, the

13 identity of the traveler and the title or re14 lationship of the traveler to the contractor.

15 ‘‘(f) ACTIONS BY THE ADMINISTRATOR.—An action

16 of the Administrator under subsection (b) or (c) shall be

17 considered a final decision for purposes of section 6 of the

18 Contract Disputes Act of 1978 (41 U.S.C. 605) and shall

19 be appealable in the manner provided in section 7 of such

20 Act (41 U.S.C. 606).

21 ‘‘(g) CERTIFICATION.—

22 ‘‘(1) IN GENERAL.—A proposal for settlement

23 of indirect costs applicable to a covered contract

24 shall include a certification by an official of the con25 tractor that, to the best of the knowledge of the cer-
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1 tifying official, all indirect costs included in the pro2 posal are allowable.

3 ‘‘(2) WAIVER OF CERTIFICATION REQUIRE4 MENT.—In any case in which the Administrator of

5 the Environmental Protection Agency determines

6 that there are exceptional circumstances with respect

7 to a covered contract, the Administrator may waive

8 the requirement for certification under paragraph

9 (1) if the Administrator—

10 ‘‘(A) determines that it would be in the in11 terest of the United States to waive the deter12 mination; and

13 ‘‘(B) states in writing the reasons for the

14 determination and makes the determination

15 available to the public.

16 ‘‘(h) JUDICIAL ASSESSMENT.—

17 ‘‘(1) IN GENERAL.—If a proposal for settlement

18 of indirect costs submitted by a contractor under a

19 covered contract includes a cost determined by the

20 Administrator to be unallowable, the Administrator

21 may request the Attorney General to bring an action

22 in the United States district court for the appro23 priate district. In any such case, the district court

24 may assess a penalty in an amount not to exceed
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1 $250,000 for each cost determined by the Adminis2 trator to be unallowable.

3 ‘‘(2) LIABILITY.—A person who has been as4 sessed an administrative penalty under subsection

5 (c) shall not be liable for a civil penalty under this

6 subsection for the same unallowable cost.

7 ‘‘(i) CRIMINAL PENALTIES.—A person who with the

8 knowledge that a cost that is expressly specified as unal9 lowable by law (including any regulation) submits to the

10 Environmental Protection Agency a proposal for settle11 ment of costs for any period beginning after the costs have

12 been accrued that includes the cost shall be subject to sec13 tion 287 of title 18, United States Code, and section 3729

14 of title 31, United States Code.

15 ‘‘(j) BURDEN OF PROOF IN PROCEEDINGS.—In a

16 proceeding before a board of contract appeals, the United

17 States Court of Federal Claims, or any other court of the

18 United States in which the allowability of indirect costs

19 for which a contractor seeks reimbursement from the En20 vironmental Protection Agency is in issue, the burden of

21 proof shall be upon the contractor to establish that the

22 costs are allowable.

23 ‘‘(k) DOCUMENTATION OF COSTS.—For the purposes

24 of this section, costs shall be allowable only to the extent
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1 that the costs are supported by sufficient documentation

2 to permit an appropriate audit.’’.

3 SEC. 5. UMBRELLA CONTRACTS FOR ADVISORY AND AS4 SISTANCE SERVICES.

5 (a) LIMITATION ON ENTERING UMBRELLA CON6 TRACT.—The appropriate official of the Agency may enter

7 into an umbrella contract only under the following condi8 tions:

9 (1) The period covered by the contract, includ10 ing any options, does not exceed—

11 (A) 5 years;

12 (B) in the case of a response action con13 tract, 10 years; or

14 (C) such longer period as may be specified

15 by the Administrator if the Administrator de16 termines that unusual and compelling cir17 cumstances justify an umbrella contract for a

18 longer period.

19 (2) The contract is awarded pursuant to com20 petitive procedures, as defined in section 309(b) of

21 the Federal Property and Administrative Services

22 Act of 1949 (41 U.S.C. 259(b)), except for proce23 dures described in paragraphs (2), (3), and (5) of

24 such section, unless the Administrator determines in

25 writing that—
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1 (A) the services to be procured under the

2 contract are available from only one responsible

3 source and no other type of services will satisfy

4 the needs of the Agency; or

5 (B) the need of the Agency for the services

6 to be provided under the contract is of such an

7 unusual and compelling urgency that the Fed8 eral Government would be seriously injured un9 less the Administrator is permitted to limit the

10 number of sources from which the Adminis11 trator solicits bids or proposals.

12 (3) The contract does not authorize the con13 tractor to procure items on behalf of the Federal

14 Government, other than items that are procured

15 under response action contracts referred to in para16 graph (1)(B) for the performance of the contract

17 and all right, title, and interest in the items vests in

18 the Federal Government.

19 (b) PROHIBITION OF CONTRACT SHOPPING.—

20 (1) LIMITATION.—A task order may be made

21 under an umbrella contract awarded by the appro22 priate official of the Agency only to carry out the

23 mission of the office, function, or program of the ap24 propriate official of the Agency that requested the

25 umbrella contract.
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1 (2) WAIVER.—The Administrator (or a designee

2 who is an officer of the Agency at or above the level

3 of the senior procurement executive of the Agency

4 designated pursuant to section 16(3) of the Office of

5 Federal Procurement Policy Act (41 U.S.C. 414(3))

6 may waive the application of the limitation described

7 paragraph (1) to a task order if the Administrator

8 (or a designee) determines in writing that—

9 (A) the task order is within the scope of

10 the umbrella contract;

11 (B) there is an identifiable emergency or

12 other urgent requirement that cannot be met by

13 other means; and

14 (C) there is no other contract available to

15 the appropriate official of the office seeking the

16 waiver that is suitable for the task order.

17 (3) APPLICATION.—Paragraphs (1) and (2) do

18 not apply to any contract that the Administrator

19 designates, before the award of the contract, as

20 being available for procurement with respect to more

21 than one office, function, or program of the Agency.

22 (c) FOLLOW-ON COMPETITION.—Each statement of

23 work in an umbrella contract awarded by the appropriate

24 official of the Agency shall be drafted in such manner as

25 to ensure full and open competition (as defined in section
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1 4(6) of the Office of Federal Procurement Policy Act (41

2 U.S.C. 403(6)) of the contract that results from, com3 pletes, or supplements the work performed under the um4 brella contract.

5 (d) SUBCONTRACTORS.—

6 (1) IDENTIFICATION OF SUBCONTRACTORS.—

7 Except in the case of a response action contract, any

8 solicitation for an umbrella contract awarded by the

9 appropriate official of the Agency shall require that

10 each offeror identify in each proposal all prospective

11 subcontractors and the qualifications of the sub12 contractors.

13 (2) RESTRICTION ON ELIGIBILITY FOR SUB14 CONTRACTS.—A person who is not identified as a

15 prospective contractor in accordance with paragraph

16 (1) by the prime contractor for an umbrella contract

17 awarded by the appropriate official of the Agency

18 shall not be eligible to perform any task order as a

19 subcontractor under the umbrella contract.

20 (3) WAIVER.—

21 (A) IN GENERAL.—The Administrator (or

22 a designee who is an officer of the Agency at

23 or above the level of the senior procurement ex24 ecutive of the Agency designated pursuant to

25 section 16(3) of the Office of Federal Procure-
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1 ment Policy Act (41 U.S.C. 414(3)) may waive

2 the application of the restriction described in

3 paragraph (2) to a task order if the Adminis4 trator (or a designee) determines in writing

5 that because of unusual circumstances with re6 spect to the contract the waiver is in the inter7 est of the Federal Government.

8 (B) UNUSUAL CIRCUMSTANCES DE9 FINED.—As used in subparagraph (A), the

10 term ‘‘unusual circumstances’’ means—

11 (i) insolvency, nonresponsibility, sus12 pension, or debarment of each subcontrac13 tor identified pursuant to paragraph (1)

14 that is qualified to perform a task order

15 for which the waiver is granted;

16 (ii) a lack of any technical skills nec17 essary to perform the task orders for which

18 the waiver is granted, by each subcontrac19 tor identified pursuant to paragraph (1);

20 (iii) other circumstances similar to the

21 circumstances referred to in clauses (i) and

22 (ii); or

23 (iv) any unusual or compelling ur24 gency determined by the Administrator as

25 appropriate.
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1 (4) COMPETITION.—In any case in which the

2 Administrator or a designee of the Administrator

3 grants a waiver under paragraph (3), the award by

4 the prime contractor to the subcontractor of a sub5 contract to perform a task for which the waiver is

6 granted shall be made on a competitive basis unless

7 the written determination of the Administrator (or a

8 designee) under paragraph (3)—

9 (A) approves a noncompetitive award; and

10 (B) includes a finding that—

11 (i) an emergency exists; or

12 (ii) no other qualified source is rea13 sonably available.

14 (e) CONTRACT APPROVAL.—A contract for procure15 ment under this section for goods or services (or both)

16 in an amount that exceeds $50,000,000 shall be approved

17 only by the Administrator.

18 SEC. 6. INFORMATION SYSTEMS COORDINATION.

19 (a) ESTABLISHMENT.—The Administrator shall ap20 point a Deputy Assistant Administrator for Information

21 Systems Coordination (referred to in this section as the

22 ‘‘Deputy Assistant Administrator’’) to serve in the Office

23 of Administration and Resources Management of the

24 Agency. The Deputy Assistant Administrator shall report
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1 directly to the Assistant Administrator for Administration

2 and Resources Management.

3 (b) DUTIES OF THE DEPUTY ASSISTANT ADMINIS4 TRATOR.—At a minimum, the Deputy Assistant Adminis5 trator shall carry out the following duties and responsibil6 ities:

7 (1) Ensure that the information systems of the

8 Agency are efficiently and effectively managed and

9 coordinated to achieve the goals and accomplish the

10 missions of the Agency.

11 (2) Ensure that the information systems of the

12 Agency are designed and operated to provide for

13 accurate and complete reporting and evaluation of

14 accomplishments and efforts of programs of the

15 Agency.

16 (3) Ensure that the information systems of the

17 Agency are designed, acquired, and managed in the

18 most cost-effective manner practicable, and are

19 made consistent with all applicable laws, including

20 section 111 of the Federal Property and Administra21 tive Services Act of 1949 (40 U.S.C. 759).

22 (4) Ensure, in coordination with the Chief Fi23 nancial Officer of the Agency, that the information

24 systems of the Agency compile and provide for all

25 Agency programs—
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1 (A) accurate, reliable, and complete finan2 cial statements; and

3 (B) other financial, accounting, asset man4 agement and related program performance

5 data.

6 (5) Maximize the effectiveness of the informa7 tion systems capabilities of the Agency by—

8 (A) developing and issuing appropriate

9 policies and guidelines;

10 (B) providing frequent and comprehensive

11 training opportunities for management and

12 staff level employees; and

13 (C) assisting and advising senior officials

14 within the Agency concerning properly manag15 ing information systems programs to the fullest

16 capabilities of the systems.

17 (6) Develop and implement appropriate meas18 ures to encourage efficiency and improvements in in19 formation systems management within the Agency.

20 SEC. 7. OFFICE OF SUPERFUND CONTRACT INTEGRITY.

21 (a) ESTABLISHMENT.—The Administrator shall es22 tablish within the Office of Solid Waste and Emergency

23 Response of the Environmental Protection Agency an Of24 fice of Superfund Contract Integrity (referred to in this

25 section as the ‘‘Office’’). The Office shall be headed by
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1 a Director. The Director shall report directly to the Assist2 ant Administrator for Solid Waste and Emergency

3 Response.

4 (b) DUTIES OF THE DIRECTOR.—At a minimum, the

5 Director shall carry out the following duties and respon6 sibilities:

7 (1) Ensure that contracts made by the Agency

8 relating to the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42

10 U.S.C. 9601 et seq.) (referred to in this section as

11 ‘‘Superfund contracts’’) are effectively managed by

12 the Agency, in particular with regard to—

13 (A) ensuring program management costs

14 are kept to a minimum;

15 (B) eliminating unnecessary excess con16 tractor capacity;

17 (C) controlling the charging, reviewing,

18 and payment of direct and indirect contractor

19 costs;

20 (D) monitoring costs incurred to ensure

21 the allowability, allocability, and reasonableness

22 of costs claimed and the integrity of contract

23 implementation;

24 (E) incorporating sufficiently detailed work

25 specifications;
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1 (F) overseeing contractor performance in

2 accordance with specific, objective standards

3 and criteria;

4 (G) implementing incentives to identify

5 and prevent waste, fraud, and abuse; and

6 (H) initiating other appropriate mecha7 nisms to improve the management accountabil8 ity of the Agency and enhance the quality and

9 cost effectiveness of functions contracted for

10 outside the Agency.

11 (2) Ensure that inherently governmental func12 tions critical to the operation of the Agency are not

13 performed by persons who enter into Superfund con14 tracts (referred to in this section as ‘‘Superfund con15 tractors’’), and determine whether functions that are

16 not inherently governmental in nature should never17 theless be performed by the Agency rather than

18 Superfund contractors.

19 (3) Ensure that personal services are not im20 properly provided by Superfund contractors.

21 (4) Ensure that Superfund contractors do not

22 have unauthorized access to confidential business or

23 other sensitive information.
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1 (5) Ensure that the Agency is adequately pro2 tected against Superfund contractor conflicts of in3 terest.

4 (c) REPORT.—

5 (1) IN GENERAL.—Not later than January 1,

6 1995, and annually thereafter, the Assistant Admin7 istrator for Solid Waste and Emergency Response

8 shall transmit to the Committee on Environment

9 and Public Works and the Committee on Govern10 mental Affairs of the Senate, and the Committee on

11 Energy and Commerce and the Committee on Gov12 ernment Operations of the House of Representa13 tives, a report for the preceding fiscal year that

14 identifies specific measures and actions taken to

15 monitor and carry out each of the duties and re16 sponsibilities listed in subsection (b).

17 (2) CONTENTS OF REPORT.—The report shall—

18 (A) identify any audits, reports, or inves19 tigations completed by the Office of Inspector

20 General of the Agency during the preceding fis21 cal year, including the annual audit conducted

22 pursuant to section 111(k) of the Comprehen23 sive Environmental Response, Compensation,

24 and Liability Act of 1980 (42 U.S.C. 9611(k)),
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1 that address in any way issues related to

2 Superfund contract management;

3 (B) describe the concrete steps taken and

4 the progress made by the Agency to resolve any

5 issues and recommendations identified by the

6 Office of Inspector General of the Agency under

7 the audits, reports, or investigations referred to

8 in subparagraph (A); and

9 (C) identify initiatives taken and results

10 achieved during the preceding fiscal year to im11 prove the overall quality of Superfund contract

12 management by the Agency.

13 SEC. 8. EFFECTIVE DATES; LIMITATIONS ON APPLICATION

14 OF AMENDMENTS.

15 (a) EFFECTIVE DATE.—

16 (1) IN GENERAL.—Except as provided in para17 graph (2), this Act and the amendments made by

18 this Act shall become effective on the date that is

19 180 days after the date of enactment of this Act.

20 (2) REGULATIONS.—Section 9 shall become ef21 fective on the date of enactment of this Act.

22 (b) LIMITATION ON APPLICATION.—This Act and the

23 amendments made by this Act shall not apply to a con24 tract entered into before the effective date specified in sub25 section (a)(1), except with respect to—
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1 (1) a task added on or after the effective date

2 to a contract entered into before the effective date;

3 (2) an order made on or after the effective date

4 under a contract entered into before the effective

5 date; and

6 (3) a contract that is extended, or for which an

7 option to renew is exercised, on or after the effective

8 date.

9 SEC. 9. REGULATIONS.

10 Not later than 120 days after the date of enactment

11 of this Act, the Administrator shall promulgate regula12 tions to implement this Act and the amendments made

13 by this Act in final form. The regulations shall be consist14 ent with section 25 of the Office of Federal Procurement

15 Policy Act (41 U.S.C. 421).

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