IB 

Union Calendar No. 22 

110TH CONGRESS 

1ST SESSION H. R. 1362 

[Report No. 110–47, Parts I and II] 

To reform acquisition practices of the Federal Government. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2007 

Mr. WAXMAN 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 

MARCH 12, 2007 

Reported from the Committee on Oversight and Government Reform with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 12, 2007 

Referral to the Committee on Armed Services extended for a period ending 

not later than March 14, 2007 

MARCH 14, 2007 

Additional sponsors: Mr. TOWNS, Mr. CUMMINGS, and Mr. YARMUTH

MARCH 14, 2007 

Reported from the Committee on Armed Services with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in boldface roman] 

[For text of introduced bill, see copy of bill as introduced on March 6, 2007] 

A BILL 

To reform acquisition practices of the Federal Government. 

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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ac5 countability in Contracting Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—LIMITING THE USE OF ABUSE-PRONE CONTRACTS 

Sec. 101. Limitation on length of noncompetitive contracts. 

Sec. 102. Minimizing sole-source contracts. 

Sec. 103. Minimizing cost-reimbursement type contracts. 

TITLE II—INCREASING CONTRACT OVERSIGHT 

Sec. 201. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 202. Disclosure of Government contractor overcharges. 

Sec. 203. Funding contract oversight. 

Sec. 204. Study of acquisition workforce. 

Sec. 205. Repeal of sunset of training fund. 

TITLE III—PROMOTING INTEGRITY IN CONTRACTING 

Sec. 301. Additional provisions relating to procurement officials. 


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1 TITLE I—LIMITING THE USE OF 

2 ABUSE-PRONE CONTRACTS 

3 SEC. 101. LIMITATION ON LENGTH OF NONCOMPETITIVE 

4 CONTRACTS. 

5 (a) REVISION OF FAR.—Not later than one year after 

6 the date of the enactment of this Act, the Federal Acquisi7 tion Regulation shall be revised to restrict the contract pe8 riod of any contract described in subsection (c) to the min9 imum contract period necessary— 

10 (1) to meet the urgent and compelling require11 ments of the work to be performed under the contract; 

12 and 

13 (2) to enter into another contract for the re14 quired goods or services through the use of competitive 

15 procedures. 

16 (b) CONTRACT PERIOD.—The regulations promulgated 

17 under subsection (a) shall require the contract period to not 

18 exceed 240 days, unless the head of the executive agency con19 cerned determines that exceptional circumstances apply. 

20 (c) COVERED CONTRACTS.—This section applies to 

21 any contract in an amount greater than the simplified ac22 quisition threshold entered into by an executive agency 

23 using procedures other than competitive procedures pursu24 ant to the exception provided in section 303(c)(2) of the 

25 Federal Property and Administrative Services Act of 1949 


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1 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) of title 10, 

2 United States Code. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘executive agency’’ has the mean5 ing provided in section 4(1) of the Office of Federal 

6 Procurement Policy Act (41 U.S.C. 403(1)). 

7 (2) The term ‘‘head of the executive agency’’ 

8 means the head of an executive agency except that, in 

9 the case of a military department, the term means the 

10 Secretary of Defense. 

11 SEC. 102. MINIMIZING SOLE-SOURCE CONTRACTS. 

12 (a) PLANS REQUIRED.—Subject to subsection (c), the 

13 head of each executive agency covered by title III of the Fed14 eral Property and Administrative Services Act of 1949 (41 

15 U.S.C. 251 et seq.) and the head of each agency covered 

16 by chapter 137 of title 10, United States Code, shall develop 

17 and implement a plan to minimize the use of contracts en18 tered into using procedures other than competitive proce19 dures by the agency concerned. The plan shall contain 

20 measurable goals and shall be completed and submitted to 

21 the Committee on Oversight and Government Reform of the 

22 House of Representatives, the Committee on Homeland Se23 curity and Governmental Affairs of the Senate, and the 

24 Committees on Appropriations of the House of Representa25 tives and the Senate with a copy provided to the CompVerDate Aug 31 2005 20:43 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1362.RH H1362

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1 troller General, not later than 1 year after the date of the 

2 enactment of this Act. 

3 (b) COMPTROLLER GENERAL REVIEW.—The Comp4 troller General shall review the plans provided under sub5 section (a) and submit a report to Congress on the plans 

6 not later than 18 months after the date of the enactment 

7 of this Act. 

8 (c) REQUIREMENT LIMITED TO CERTAIN AGENCIES.— 

9 The requirement of subsection (a) shall apply only to those 

10 agencies that awarded contracts in a total amount of at 

11 least $1,000,000,000 in the fiscal year preceding the fiscal 

12 year in which the report is submitted. 

13 SEC. 103. MINIMIZING COST-REIMBURSEMENT TYPE CON14 TRACTS. 

15 (a) PLANS REQUIRED.—Subject to subsection (c), the 

16 head of each executive agency covered by title III of the Fed17 eral Property and Administrative Services Act of 1949 (41 

18 U.S.C. 251 et seq.) and the head of each agency covered 

19 by chapter 137 of title 10, United States Code, shall develop 

20 and implement a plan to minimize the use of cost-reim21 bursement type contracts by the agency concerned. The plan 

22 shall contain measurable goals and shall be completed and 

23 submitted to the Committee on Oversight and Government 

24 Reform of the House of Representatives, the Committee on 

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1 ate, and the Committees on Appropriations of the House 

2 of Representatives and the Senate with a copy provided to 

3 the Comptroller General, not later than 1 year after the date 

4 of the enactment of this Act. 

5 (b) COMPTROLLER GENERAL REVIEW.—The Comp6 troller General shall review the plans provided under sub7 section (a) and submit a report to Congress on the plans 

8 not later than 18 months after the date of the enactment 

9 of this Act. 

10 (c) REQUIREMENT LIMITED TO CERTAIN AGENCIES.— 

11 The requirement of subsection (a) shall apply only to those 

12 agencies that awarded contracts in a total amount of at 

13 least $1,000,000,000 in the fiscal year preceding the fiscal 

14 year in which the report is submitted. 

15 TITLE II—INCREASING 

16 CONTRACT OVERSIGHT 

17 SEC. 201. PUBLIC DISCLOSURE OF JUSTIFICATION AND AP18 PROVAL DOCUMENTS FOR NONCOMPETITIVE 

19 CONTRACTS. 

20 (a) CIVILIAN AGENCY CONTRACTS.— 

21 (1) IN GENERAL.—Section 303 of the Federal 

22 Property and Administrative Services Act of 1949 (41 

23 U.S.C. 253) is amended by adding at the end the fol24 lowing new subsection: 


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1 ‘‘(j)(1) In the case of a procurement permitted by sub2 section (c), the head of an executive agency shall make pub3 licly available, within 14 days after the award of the con4 tract, the documents containing the justification and ap5 proval required by subsection (f)(1) with respect to the pro6 curement. 

7 ‘‘(2) The documents shall be made available on the 

8 website of the agency and through the Federal Procurement 

9 Data System. 

10 ‘‘(3) This subsection does not require the public avail11 ability of information that is exempt from public disclosure 

12 under section 552(b) of title 5, United States Code.’’. 

13 (2) CONFORMING AMENDMENT.—Section 303(f) 

14 of such Act is amended— 

15 (A) by striking paragraph (4); and 

16 (B) by redesignating paragraph (5) as 

17 paragraph (4). 

18 (b) DEFENSE AGENCY CONTRACTS.— 

19 (1) IN GENERAL.—Section 2304 of title 10, 

20 United States Code, is amended by adding at the end 

21 the following new subsection: 

22 ‘‘(l)(1) In the case of a procurement permitted by sub23 section (c), the head of an agency shall make publicly avail24 able, within 14 days after the award of the contract, the 


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1 documents containing the justification and approval re2 quired by subsection (f)(1) with respect to the procurement. 

3 ‘‘(2) The documents shall be made available on the 

4 website of the agency and through the Federal Procurement 

5 Data System. 

6 ‘‘(3) This subsection does not require the public avail7 ability of information that is exempt from public disclosure 

8 under section 552(b) of title 5.’’. 

9 (2) CONFORMING AMENDMENT.—Section 2304(f) 

10 of such title is amended— 

11 (A) by striking paragraph (4); and 

12 (B) by redesignating paragraphs (5) and 

13 (6) as paragraphs (4) and (5), respectively. 

14 SEC. 202. DISCLOSURE OF GOVERNMENT CONTRACTOR 

15 OVERCHARGES. 

16 (a) QUARTERLY REPORT TO CONGRESS.— 

17 (1) The head of each Federal agency or depart18 ment shall submit to the chairman and ranking mem19 ber of each committee specified in paragraph (2) on 

20 a quarterly basis a report that includes the following: 

21 (A) A list of audits or other reports issued 

22 during the applicable quarter that describe con23 tractor costs in excess of $1,000,000 that have 

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1 tioned, or unreasonable under any contract, task 

2 or delivery order, or subcontract. 

3 (B) The specific amounts of costs identified 

4 as unjustified, unsupported, questioned, or un5 reasonable and the percentage of their total value 

6 of the contract, task or delivery order, or sub7 contract. 

8 (C) A list of audits or other reports issued 

9 during the applicable quarter that identify sig10 nificant or substantial deficiencies in the per11 formance of any contractor or in any business 

12 system of any contractor under any contract, 

13 task or delivery order, or subcontract. 

14 (2) The report described in paragraph (1) shall 

15 be submitted to the Committee on Oversight and Gov16 ernment Reform of the House of Representatives, the 

17 Committee on Homeland Security and Governmental 

18 Affairs of the Senate, the Committees on Appropria19 tions of the House of Representatives and the Senate, 

20 and other committees of jurisdiction. 

21 (3) Paragraph (1) shall not apply to an agency 

22 or department with respect to a calendar quarter if 

23 no audits or other reports described in paragraph (1) 

24 were issued during that quarter. 


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1 (b) SUBMISSION OF INDIVIDUAL AUDITS.—The head of 

2 each Federal agency or department shall provide, within 

3 14 days after a request in writing by the chairman or rank4 ing member of any of the committees described in subsection 

5 (a)(2), a full and unredacted copy of any audit or other 

6 report described in subsection (a)(1). 

7 SEC. 203. FUNDING CONTRACT OVERSIGHT. 

8 (a) CIVILIAN AGENCY CONTRACTS.—Title III of the 

9 Federal Property and Administrative Services Act of 1949 

10 (41 U.S.C. 251 et seq.) is amended by adding at the end 

11 the following new section: 

12 ‘‘SEC. 318. REQUIREMENT FOR 1 PERCENT OF CONTRACT 

13 AMOUNTS TO BE USED FOR CONTRACT PER14 SONNEL, ADMINISTRATION, OVERSIGHT, AND 

15 PLANNING. 

16 ‘‘(a) REQUIREMENT.—In addition to the sums used for 

17 the purposes listed in this section during fiscal year 2006, 

18 each fiscal year, the head of an executive agency shall ensure 

19 that the agency uses an additional amount equal to 1 per20 cent of the aggregate amount of contracts entered into by 

21 the agency during that fiscal year for the following pur22 poses: 

23 ‘‘(1) Hiring and training of acquisition work24 force personnel. 

25 ‘‘(2) Contract planning. 


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1 ‘‘(3) Contract administration. 

2 ‘‘(4) Contract oversight, including audits and en3 forcement. 

4 ‘‘(b) GUIDELINES.—The Administrator for Federal 

5 Procurement Policy shall issue guidelines for executive 

6 agencies on the implementation of this section. Such guide7 lines shall ensure that the amount described in subsection 

8 (a) is additional funding above the fiscal year 2006 level. 

9 Such guidelines also shall provide direction to agencies on 

10 identifying priorities for the use of the additional funds.’’. 

11 (b) DEFENSE CONTRACTS.— 

12 (1) IN GENERAL.—Chapter 141 of title 10, 

13 United States Code, is amended by adding at the end 

14 the following new section: 

15 ‘‘§ 2410q. Requirement for 1 percent of contract 

16 amounts to be used for contract per17 sonnel, administration, oversight, and 

18 planning 

19 ‘‘(a) REQUIREMENT.—In addition to the sums used for 

20 the purposes listed in this section during fiscal year 2006, 

21 each fiscal year, the head of an agency (as defined in section 

22 2302(1) of this title) shall ensure that the agency uses an 

23 additional amount equal to 1 percent of the aggregate 

24 amount of contracts entered into by the agency during that 

25 fiscal year for the following purposes: 


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1 ‘‘(1) Hiring and training of acquisition work2 force personnel. 

3 ‘‘(2) Contract planning. 

4 ‘‘(3) Contract administration. 

5 ‘‘(4) Contract oversight, including audits and en6 forcement. 

7 ‘‘(b) GUIDELINES.—The Administrator for Federal 

8 Procurement Policy shall issue guidelines for agencies on 

9 the implementation of this section. Such guidelines shall en10 sure that the amount described in subsection (a) is addi11 tional funding above the fiscal year 2006 level. Such guide12 lines also shall provide direction to agencies on identifying 

13 priorities for the use of the additional funds.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 adding at the end the following new item: 

‘‘2410q. Requirement for 1 percent of contract amounts to be used for contract 

personnel, administration, oversight, and planning.’’. 

17 SEC. 204. STUDY OF ACQUISITION WORKFORCE. 

18 (a) REQUIREMENT FOR STUDY.—The Administrator 

19 for Federal Procurement Policy shall conduct a study of 

20 the composition, scope, and functions of the Government21 wide acquisition workforce and develop a comprehensive 

22 definition of, and method of measuring, such workforce. 

23 (b) REPORT.—Not later than 1 year after the date of 

24 the enactment of this Act, the Administrator shall submit 


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1 to the relevant congressional committees a report on the re2 sults of the study required by subsection (a), with such find3 ings and recommendations as the Administrator determines 

4 appropriate. 

5 SEC. 205. REPEAL OF SUNSET OF TRAINING FUND. 

6 Subparagraph (H) of section 37(h)(3) of the Office of 

7 Federal Procurement Policy Act (41 U.S.C. 433(h)(3)) is 

8 repealed. 

9 TITLE III—PROMOTING 

10 INTEGRITY IN CONTRACTING 

11 SEC. 301. ADDITIONAL PROVISIONS RELATING TO PRO12 CUREMENT OFFICIALS. 

13 (a) ELIMINATION OF LOOPHOLES THAT ALLOW

14 FORMER FEDERAL OFFICIALS TO ACCEPT COMPENSATION

15 FROM CONTRACTORS OR RELATED ENTITIES.—Section 

16 27(d) of the Office of Federal Procurement Policy Act (41 

17 U.S.C. 423(d)) is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘or consultant’’ and insert20 ing ‘‘consultant, lawyer, or lobbyist’’; 

21 (B) in subparagraph (C), by striking ‘‘per22 sonally made for the Federal agency—’’ and in23 serting ‘‘participated personally and substan24 tially in—’’; and 


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1 (2) by amending paragraph (2) to read as fol2 lows: 

3 ‘‘(2) Paragraph (1) shall not prohibit a former official 

4 of a Federal agency from accepting compensation from any 

5 division or affiliate of a contractor that does not produce 

6 the same or similar products or services as the entity of 

7 the contractor that is responsible for the contract referred 

8 to in subparagraph (A), (B), or (C) of such paragraph if 

9 the agency’s designated ethics officer determines that— 

10 ‘‘(A) the offer of compensation is not a reward 

11 for any action described in paragraph (1); and 

12 ‘‘(B) acceptance of the compensation is appro13 priate and will not affect the integrity of the procure14 ment process.’’. 

15 (b) REQUIREMENT FOR FEDERAL PROCUREMENT OF16 FICERS TO DISCLOSE JOB OFFERS MADE ON BEHALF OF

17 RELATIVES.—Section 27(c)(1) of such Act (41 U.S.C. 

18 423(c)(1)) is amended by inserting after ‘‘that official’’ the 

19 following: ‘‘or for a relative of that official (as defined in 

20 section 3110 of title 5, United States Code)’’. 

21 (c) REQUIREMENT ON AWARD OF GOVERNMENT CON22 TRACTS TO FORMER EMPLOYERS.—Section 27 of such Act 

23 (41 U.S.C. 423) is amended by adding at the end the fol24 lowing new subsection: 


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1 ‘‘(i) PROHIBITION ON INVOLVEMENT BY CERTAIN

2 FORMER CONTRACTOR EMPLOYEES IN PROCUREMENTS.— 

3 An employee of the Federal Government who is a former 

4 employee of a contractor with the Federal Government shall 

5 not be personally and substantially involved with any 

6 award of a contract to the employee’s former employer, or 

7 the administration of such a contract, for the one-year pe8 riod beginning on the date on which the employee leaves 

9 the employment of the contractor, unless the employee has 

10 received a waiver from the agency’s designated ethics officer. 

11 In determining whether to issue a waiver, the designated 

12 ethics officer shall take into account the agency’s need for 

13 the involvement of the employee and the impact a waiver 

14 would have on public confidence in the integrity of the pro15 curement process.’’. 

16 (d) REGULATIONS.—Section 27 of such Act (41 U.S.C. 

17 423) is further amended by adding at the end the following 

18 new subsection: 

19 ‘‘(j) REGULATIONS.—The Administrator, in consulta20 tion with the Director of the Office of Government Ethics, 

21 shall— 

22 ‘‘(1) promulgate regulations to carry out and en23 sure the enforcement of this section; and 

24 ‘‘(2) monitor and investigate individual and 

25 agency compliance with this section.’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the date of the enactment of this 

3 Act, except that the amendment made by subsection 

4 (a)(1)(B) shall apply to individuals who terminate Govern5 ment service after March 31, 2007. 

6 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

7 (a) SHORT TITLE.—This Act may be cited as 

8 the ‘‘Accountability in Contracting Act’’. 

9 (b) TABLE OF CONTENTS.—The table of con10 tents for this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—IMPROVING THE QUALITY OF CONTRACTS 

Sec. 101. Limitation on length of noncompetitive contracts. 

Sec. 102. Minimizing sole-source contracts. 

Sec. 103. Maximizing fixed-price procurement contracts. 

TITLE II—INCREASING CONTRACT OVERSIGHT 

Sec. 201. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 202. Disclosure of Government contractor audit findings. 

Sec. 203. Study of acquisition workforce. 

Sec. 204. Repeal of sunset of training fund. 

TITLE III—PROMOTING INTEGRITY IN CONTRACTING 

Sec. 301. Additional provisions relating to procurement officials. 

11 TITLE I—IMPROVING THE 

12 QUALITY OF CONTRACTS 

13 SEC. 101. LIMITATION ON LENGTH OF NONCOMPETITIVE 

14 CONTRACTS. 

15 (a) REVISION OF FAR.—Not later than one 

16 year after the date of the enactment of this 

17 Act, the Federal Acquisition Regulation shall 


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1 be revised to restrict the contract period of 

2 any contract described in subsection (c) to the 

3 minimum contract period necessary—

4 (1) to meet the urgent and compelling 

5 requirements of the work to be per6 formed under the contract; and 

7 (2) to enter into another contract for 

8 the required goods or services through 

9 the use of competitive procedures. 

10 (b) CONTRACT PERIOD.—The regulations 

11 promulgated under subsection (a) shall re12 quire the contract period to not exceed one 

13 year, unless the head of the executive agency 

14 concerned determines that the Government 

15 would be seriously injured by the limitation 

16 on the contract period. 

17 (c) COVERED CONTRACTS.—This section ap18 plies to any contract in an amount greater 

19 than $1,000,000 entered into by an executive 

20 agency using procedures other than competi21 tive procedures pursuant to the exception 

22 provided in section 303(c)(2) of the Federal 

23 Property and Administrative Services Act of 

24 1949 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) 

25 of title 10, United States Code. 


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1 (d) DEFINITIONS.—In this section: 

2 (1) The term ‘‘executive agency’’ has 

3 the meaning provided in section 4(1) of 

4 the Office of Federal Procurement Policy 

5 Act (41 U.S.C. 403(1)). 

6 (2) The term ‘‘head of the executive 

7 agency’’ means the head of an executive 

8 agency except that, in the case of the De9 partment of Defense, the term means—

10 (A) in the case of a military de11 partment, the Secretary of the mili12 tary department; 

13 (B) in the case of a Defense Agen14 cy, the head of the Defense Agency; 

15 and 

16 (C) in the case of any part of the 

17 Department of Defense other than a 

18 military department or Defense Agen19 cy, the Under Secretary of Defense 

20 for Acquisition, Technology, and Lo21 gistics. 

22 SEC. 102. MINIMIZING SOLE-SOURCE CONTRACTS. 

23 (a) PLANS REQUIRED.—Subject to sub24 section (c), the head of each executive agency 

25 covered by title III of the Federal Property 


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1 and Administrative Services Act of 1949 (41 

2 U.S.C. 251 et seq.) or, in the case of the Depart3 ment of Defense, the Under Secretary of De4 fense for Acquisition, Technology, and Logis5 tics, shall develop and implement a plan to 

6 minimize, to the maximum extent practicable, 

7 the use of contracts entered into using proce8 dures other than competitive procedures by 

9 the agency or department concerned. The 

10 plan shall contain measurable goals and shall 

11 be completed and submitted to the Committee 

12 on Oversight and Government Reform of the 

13 House of Representatives, the Committee on 

14 Homeland Security and Governmental Affairs 

15 of the Senate, and the Committees on Appro16 priations of the House of Representatives and 

17 the Senate and, in the case of the Department 

18 of Defense and the Department of Energy, the 

19 Committees on Armed Services of the Senate 

20 and the House of Representatives, with a copy 

21 provided to the Comptroller General, not 

22 later than 1 year after the date of the enact23 ment of this Act. 

24 (b) COMPTROLLER GENERAL REVIEW.—The 

25 Comptroller General shall review the plans 


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1 provided under subsection (a) and submit a 

2 report to Congress on the plans not later than 

3 18 months after the date of the enactment of 

4 this Act. 

5 (c) REQUIREMENT LIMITED TO CERTAIN

6 AGENCIES.—The requirement of subsection (a) 

7 shall apply only to those agencies that award8 ed contracts in a total amount of at least 

9 $1,000,000,000 in the fiscal year preceding the 

10 fiscal year in which the report is submitted. 

11 SEC. 103. MAXIMIZING FIXED-PRICE PROCUREMENT CON12 TRACTS. 

13 (a) PLANS REQUIRED.—Subject to sub14 section (c), the head of each executive agency 

15 covered by title III of the Federal Property 

16 and Administrative Services Act of 1949 (41 

17 U.S.C. 251 et seq.) or, in the case of the Depart18 ment of Defense, the Under Secretary of De19 fense for Acquisition, Technology, and Logis20 tics, shall develop and implement a plan to 

21 maximize, to the fullest extent practicable, 

22 the use of fixed-price type contracts for the 

23 procurement of goods and services by the 

24 agency or department concerned. The plan 

25 shall contain measurable goals and shall be 


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1 completed and submitted to the Committee on 

2 Oversight and Government Reform of the 

3 House of Representatives, the Committee on 

4 Homeland Security and Governmental Affairs 

5 of the Senate, and the Committees on Appro6 priations of the House of Representatives and 

7 the Senate and, in the case of the Department 

8 of Defense and the Department of Energy, the 

9 Committees on Armed Services of the Senate 

10 and the House of Representatives, with a copy 

11 provided to the Comptroller General, not 

12 later than 1 year after the date of the enact13 ment of this Act. 

14 (b) COMPTROLLER GENERAL REVIEW.—The 

15 Comptroller General shall review the plans 

16 provided under subsection (a) and submit a 

17 report to Congress on the plans not later than 

18 18 months after the date of the enactment of 

19 this Act. 

20 (c) REQUIREMENT LIMITED TO CERTAIN

21 AGENCIES.—The requirement of subsection (a) 

22 shall apply only to those agencies that award23 ed contracts in a total amount of at least 

24 $1,000,000,000 in the fiscal year preceding the 

25 fiscal year in which the report is submitted. 


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1 TITLE II—INCREASING 

2 CONTRACT OVERSIGHT 

3 SEC. 201. PUBLIC DISCLOSURE OF JUSTIFICATION AND AP4 PROVAL DOCUMENTS FOR NONCOMPETITIVE 

5 CONTRACTS. 

6 (a) CIVILIAN AGENCY CONTRACTS.—

7 (1) IN GENERAL.—Section 303 of the 

8 Federal Property and Administrative 

9 Services Act of 1949 (41 U.S.C. 253) is 

10 amended by adding at the end the fol11 lowing new subsection: 

12 ‘‘(j)(1)(A) Except as provided in subpara13 graph (B), in the case of a procurement per14 mitted by subsection (c), the head of an execu15 tive agency shall make publicly available, 

16 within 14 days after the award of the con17 tract, the documents containing the justifica18 tion and approval required by subsection 

19 (f)(1) with respect to the procurement. 

20 ‘‘(B) In the case of a procurement per21 mitted by subsection (c)(2), subparagraph (A) 

22 shall be applied by substituting ‘30 days’ for 

23 ‘14 days’. 


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1 ‘‘(2) The documents shall be made avail2 able on the website of the agency and through 

3 the Federal Procurement Data System. 

4 ‘‘(3) This subsection does not require the 

5 public availability of information that is ex6 empt from public disclosure under section 

7 552(b) of title 5, United States Code.’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 303(f) of such Act is amended—

10 (A) by striking paragraph (4); and 

11 (B) by redesignating paragraph 

12 (5) as paragraph (4). 

13 (b) DEFENSE AGENCY CONTRACTS.—

14 (1) IN GENERAL.—Section 2304 of title 

15 10, United States Code, is amended by 

16 adding at the end the following new sub17 section: 

18 ‘‘(l)(1)(A) Except as provided in subpara19 graph (B), in the case of a procurement per20 mitted by subsection (c), the head of an agen21 cy shall make publicly available, within 14 

22 days after the award of the contract, the docu23 ments containing the justification and ap24 proval required by subsection (f)(1) with re25 spect to the procurement. 


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1 ‘‘(B) In the case of a procurement per2 mitted by subsection (c)(2), subparagraph (A) 

3 shall be applied by substituting ‘30 days’ for 

4 ‘14 days’. 

5 ‘‘(2) The documents shall be made avail6 able on the website of the agency and through 

7 the Federal Procurement Data System. 

8 ‘‘(3) This subsection does not require the 

9 public availability of information that is ex10 empt from public disclosure under section 

11 552(b) of title 5.’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 2304(f) of such title is amended—

14 (A) by striking paragraph (4); and 

15 (B) by redesignating paragraphs 

16 (5) and (6) as paragraphs (4) and (5), 

17 respectively. 

18 SEC. 202. DISCLOSURE OF GOVERNMENT CONTRACTOR 

19 AUDIT FINDINGS. 

20 (a) QUARTERLY REPORT TO CONGRESS.—

21 (1) The head of each Federal agency 

22 or department or, in the case of the De23 partment of Defense, the Under Secretary 

24 of Defense for Acquisition, Technology, 

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1 man and ranking member of each com2 mittee specified in paragraph (2) on a 

3 quarterly basis a report that includes the 

4 following: 

5 (A) A list of completed audits per6 formed by such agency or department 

7 issued during the applicable quarter 

8 that describe contractor costs in ex9 cess of $10,000,000 that have been 

10 identified as unjustified, unsup11 ported, questioned, or unreasonable 

12 under any contract, task or delivery 

13 order, or subcontract. 

14 (B) The specific amounts of costs 

15 identified as unjustified, unsup16 ported, questioned, or unreasonable 

17 and the percentage of their total 

18 value of the contract, task or delivery 

19 order, or subcontract. 

20 (C) A list of completed audits per21 formed by such agency or department 

22 issued during the applicable quarter 

23 that identify material deficiencies in 

24 the performance of any contractor or 

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1 tractor under any contract, task or 

2 delivery order, or subcontract. 

3 (2) The report described in paragraph 

4 (1) shall be submitted to—

5 (A) the Committee on Oversight 

6 and Government Reform of the House 

7 of Representatives; 

8 (B) the Committee on Homeland 

9 Security and Governmental Affairs of 

10 the Senate; 

11 (C) the Committees on Appropria12 tions of the House of Representatives 

13 and the Senate; 

14 (D) in the case of reports from the 

15 Department of Defense or the Depart16 ment of Energy, the Committees on 

17 Armed Services of the Senate and the 

18 House of Representatives; and 

19 (E) the committees of primary ju20 risdiction over the agency or depart21 ment submitting the report. 

22 (3) Paragraph (1) shall not apply to 

23 an agency or department with respect to 

24 a calendar quarter if no audits described 


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1 in paragraph (1) were issued during that 

2 quarter. 

3 (b) SUBMISSION OF INDIVIDUAL AUDITS.—

4 (1) The head of each Federal agency 

5 or department shall provide, within 14 

6 days after a request in writing by the 

7 chairman or ranking member of any com8 mittee listed in paragraph (2), a full and 

9 unredacted copy of any audit described 

10 in subsection (a)(1). Such copy shall in11 clude an identification of information in 

12 the audit exempt from public disclosure 

13 under section 552(b) of title 5, United 

14 States Code. 

15 (2) The committees listed in this para16 graph are the following: 

17 (A) The Committee on Oversight 

18 and Government Reform of the House 

19 of Representatives. 

20 (B) The Committee on Homeland 

21 Security and Governmental Affairs of 

22 the Senate. 

23 (C) The Committees on Appro24 priations of the House of Representa25 tives and the Senate. 


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•HR 1362 RH

1 (D) In the case of the Department 

2 of Defense or the Department of En3 ergy, the Committees on Armed Serv4 ices of the Senate and House of Rep5 resentatives. 

6 (E) The committees of primary ju7 risdiction over the agency or depart8 ment to which the request is made. 

9 SEC. 203. STUDY OF ACQUISITION WORKFORCE. 

10 (a) REQUIREMENT FOR STUDY.—The Admin11 istrator for Federal Procurement Policy shall 

12 conduct a study of the composition, scope, 

13 and functions of the Government-wide acqui14 sition workforce and develop a comprehen15 sive definition of, and method of measuring 

16 the size of, such workforce. 

17 (b) REPORT.—Not later than 1 year after 

18 the date of the enactment of this Act, the Ad19 ministrator shall submit to the relevant con20 gressional committees a report on the results 

21 of the study required by subsection (a), with 

22 such findings and recommendations as the 

23 Administrator determines appropriate. 


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1 SEC. 204. REPEAL OF SUNSET OF TRAINING FUND. 

2 Subparagraph (H) of section 37(h)(3) of 

3 the Office of Federal Procurement Policy Act 

4 (41 U.S.C. 433(h)(3)) is repealed. 

5 TITLE III—PROMOTING 

6 INTEGRITY IN CONTRACTING 

7 SEC. 301. ADDITIONAL PROVISIONS RELATING TO PRO8 CUREMENT OFFICIALS. 

9 (a) ELIMINATION OF LOOPHOLES THAT

10 ALLOW FORMER FEDERAL OFFICIALS TO ACCEPT

11 COMPENSATION FROM CONTRACTORS OR RE12 LATED ENTITIES.—Section 27(d) of the Office of 

13 Federal Procurement Policy Act (41 U.S.C. 

14 423(d)) is amended—

15 (1) in paragraph (1) by striking ‘‘or 

16 consultant’’ and inserting ‘‘consultant, 

17 lawyer, or lobbyist’’; and 

18 (2) by amending paragraph (2) to 

19 read as follows: 

20 ‘‘(2) Paragraph (1) shall not prohibit a 

21 former official of a Federal agency from ac22 cepting compensation from any division or af23 filiate of a contractor that does not produce 

24 the same or similar products or services as 

25 the entity of the contractor that is responsible 

26 for the contract referred to in subparagraph 


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1 (A), (B), or (C) of such paragraph if the agen2 cy’s designated ethics officer determines that 

3 the former official’s acceptance of compensa4 tion would not damage public confidence in 

5 the integrity of the procurement process.’’. 

6 (b) REQUIREMENT FOR FEDERAL PROCURE7 MENT OFFICERS TO DISCLOSE JOB OFFERS MADE

8 ON BEHALF OF RELATIVES.—Section 27(c)(1) of 

9 such Act (41 U.S.C. 423(c)(1)) is amended by 

10 inserting after ‘‘that official’’ the following: 

11 ‘‘or for a relative of that official (as defined in 

12 section 3110 of title 5, United States Code)’’. 

13 (c) REQUIREMENT ON AWARD OF GOVERN14 MENT CONTRACTS TO FORMER EMPLOYERS.—Sec15 tion 27 of such Act (41 U.S.C. 423) is amended 

16 by adding at the end the following new sub17 section: 

18 ‘‘(i) PROHIBITION ON INVOLVEMENT BY CER19 TAIN FORMER CONTRACTOR EMPLOYEES IN PRO20 CUREMENTS.—An employee of the Federal Gov21 ernment who is a former employee of a con22 tractor with the Federal Government shall 

23 not be personally and substantially involved 

24 with any award of a contract to the employ25 ee’s former employer for the one-year period 


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1 beginning on the date on which the employee 

2 leaves the employment of the contractor un3 less the employee has received a waiver from 

4 the agency’s designated ethics officer. In de5 termining whether to issue a waiver, the des6 ignated ethics officer shall take into account 

7 the agency’s need for the involvement of the 

8 employee and the impact a waiver would have 

9 on public confidence in the integrity of the 

10 procurement process.’’. 

11 (d) REGULATIONS.—Section 27 of such Act 

12 (41 U.S.C. 423) is further amended by adding 

13 at the end the following new subsection: 

14 ‘‘(j) REGULATIONS.—The Administrator, in 

15 consultation with the Director of the Office of 

16 Government Ethics, shall—

17 ‘‘(1) promulgate regulations to carry 

18 out and ensure the enforcement of this 

19 section; and 

20 ‘‘(2) monitor and investigate indi21 vidual and agency compliance with this 

22 section.’’. 

23 (e) EFFECTIVE DATE.—The amendments 

24 made by this section shall take effect on the 

25 date of the enactment of this Act. 


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Union Calendar No. 22 

110TH CONGRESS 

1ST SESSION H. R. 1362 

[Report No. 110

–47, Parts I and II] 

A BILL 

To reform acquisition practices of the Federal 

Government. 

MARCH 14, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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