I 

111TH CONGRESS 

2D SESSION H. R. 6310 

To restore accountability and Congressional oversight to the defense 

contracting process. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. BLUMENAUER (for himself, Mr. SCHRADER, and Mr. JONES) introduced 

the following bill; which was referred to the Committee on Armed Services 

A BILL 

To restore accountability and Congressional oversight to the 

defense contracting process. 

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 ‘‘Accountability for De5 fense Contractors Act’’. 

6 SEC. 2. RESTORING CONGRESSIONAL NOTIFICATION OF IN7 DEMNIFICATION. 

8 Public Law 85–804 is amended by adding at the end 

9 the following new section: 


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1 ‘‘SEC. 5. REPORTS TO CONGRESS. 

2 ‘‘(a) REQUIREMENT.—If the Department of Defense 

3 takes any action under authority of this Act during any 

4 year, the Secretary of Defense shall, by March 15 of the 

5 succeeding year, submit to Congress a report on all such 

6 actions taken by the Department during that preceding 

7 year. With respect to actions that involve actual or poten8 tial cost to the United States in excess of $1,000,000, the 

9 report shall— 

10 ‘‘(1) name the contractor; 

11 ‘‘(2) state the actual cost or estimated potential 

12 cost involved; 

13 ‘‘(3) describe the property or services involved; 

14 and 

15 ‘‘(4) state further the circumstances justifying 

16 the action taken. 

17 ‘‘(b) OMISSIONS.—There may be omitted in a report 

18 under subsection (a) any information the disclosure of 

19 which would be detrimental to the national security, if the 

20 Secretary of Defense provides justification of such omis21 sion to the relevant congressional committees.’’. 


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1 SEC. 3. PROHIBITION OF INDEMNIFICATION FOR CONTRAC2 TORS IN CASES INVOLVING GROSS NEG3 LIGENCE, WILLFUL MISCONDUCT, OR LACK 

4 OF GOOD FAITH BY CONTRACTORS. 

5 Public Law 85–804, as amended by section 2, is fur6 ther amended by adding at the end the following new sec7 tion: 

8 ‘‘SEC. 6. PROHIBITION OF INDEMNIFICATION IN CERTAIN 

9 CASES. 

10 ‘‘(a) IN GENERAL.—A contractor of the Department 

11 of Defense shall not be indemnified for— 

12 ‘‘(1) government claims against the contractor 

13 (other than those arising through subrogation); 

14 ‘‘(2) a claim, loss, or damage caused by gross 

15 negligence, willful misconduct, or lack of good faith 

16 on the part of any of the contractor’s principal offi17 cials (as defined by part 52.250–1 of the Federal 

18 Acquisition Regulation); or 

19 ‘‘(3) a claim, loss, or damage resulting from an 

20 unusually hazardous or nuclear risk not specified in 

21 the terms of the contract and discovered on the site 

22 where the contract is performed, or that reasonably 

23 should have been discovered on the site. 

24 ‘‘(b) NOTIFICATION.—In the case of an unusually 

25 hazardous or nuclear risk referred to in subsection (a)(3), 

26 the contractor shall immediately notify the contracting ofVerDate Mar 15 2010 02:25 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6310.IH H6310

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1 ficer of such risk upon discovery or when discovery reason2 ably should have been made.’’. 

3 SEC. 4. CONGRESSIONAL NOTIFICATION AND THE LOSS OF 

4 INDEMNIFICATION IN OTHER CASES. 

5 (a) IN GENERAL.—A contract entered into by the De6 partment of Defense under authority that provides for in7 demnification not authorized by the provisions of law list8 ed in subsection (b) may provide for indemnification of 

9 the contractor as the Secretary of Defense determines to 

10 be necessary only if— 

11 (1) the contract complies with the requirements 

12 in section 5 of Public Law 85–804 (as added by sec13 tion 2), relating to notice to Congress; and 

14 (2) the contract complies with the requirements 

15 in section 6 of Public Law 85–804 (as added by sec16 tion 3), relating to a prohibition on indemnification 

17 for certain claims and a requirement for notification. 

18 (b) PROVISIONS OF LAW LISTED.—The provisions of 

19 laws listed in this subsection are as follows: 

20 (1) Section 2354 of title 10, United States 

21 Code. 

22 (2) The Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 1980 (42 

24 U.S.C. 9601 et seq.) 

Æ 


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