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Union Calendar No. 338 

111TH CONGRESS 

2D SESSION H. R. 5366 

[Report No. 111–588] 

To require the proposal for debarment from contracting with the Federal 

Government of persons violating the Foreign Corrupt Practices Act of 1977. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2010 

Mr. WELCH introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform 

SEPTEMBER 14, 2010 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 5366 RH

A BILL 

To require the proposal for debarment from contracting with 

the Federal Government of persons violating the Foreign 

Corrupt Practices Act of 1977. 


emcdonald on DSK2BSOYB1PROD with BILLS
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•HR 5366 RH

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 ‘‘Overseas Contractor 

5 Reform Act’’. 

6 SEC. 2. REQUIREMENT TO PROPOSE FOR DEBARMENT PER7 SONS VIOLATING THE FOREIGN CORRUPT 

8 PRACTICES ACT. 

9 (a) REQUIREMENT TO PROPOSE FOR DEBARMENT.— 

10 Unless waived by the head of a Federal agency under sub11 section (b), any person found to be in violation of the For12 eign Corrupt Practices Act of 1977 shall be proposed for 

13 debarment from any contract or grant awarded by the 

14 Federal Government within 30 days after a final judgment 

15 of such violation. 

16 (b) WAIVER.—The head of a Federal agency may 

17 waive this section for a Federal contract or grant. Any 

18 such waiver shall be reported to Congress by the head of 

19 the agency concerned within 30 days from the date of the 

20 waiver, along with an accompanying justification. 

21 (c) FINAL JUDGMENT.—For purposes of this section, 

22 a judgment becomes final when all appeals of the judg23 ment have been finally determined, or all time for filing 

24 such appeals has expired. 

25 (d) DEFINITIONS.—In this section: 


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•HR 5366 RH

1 (1) CONTRACT.—The term ‘‘contract’’ means a 

2 binding agreement entered into by a Federal agency 

3 for the purpose of obtaining property or services. 

4 (2) PERSON.—The term ‘‘person’’ includes— 

5 (A) an individual; 

6 (B) a partnership; and 

7 (C) a corporation. 

8 (3) FOREIGN CORRUPT PRACTICES ACT OF

9 1977.—The term ‘‘Foreign Corrupt Practices Act of 

10 1977’’ means— 

11 (A) section 30A of the Securities Exchange 

12 Act of 1934 (15 U.S.C. 78dd–1); and 

13 (B) sections 104 and 104A of the Foreign 

14 Corrupt Practices Act (15 U.S.C. 78dd–2). 

15 SEC. 3. GOVERNMENTAL POLICY. 

16 It is the policy of the United States Government that 

17 no Government contracts or grants should be awarded to 

18 individuals or companies who violate the Foreign Corrupt 

19 Practices Act of 1977. 


emcdonald on DSK2BSOYB1PROD with BILLS

emcdonald on DSK2BSOYB1PROD with BILLS
Union Calendar No. 338 

111TH CONGRESS 

2D SESSION H. R. 5366 

[Report No. 111–588] 

A BILL 

To require the proposal for debarment from con1977. violating the Foreign Corrupt Practices Act of tracting with the Federal Government of persons 

SEPTEMBER 14, 2010 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK2BSOYB1PROD with BILLS