I 

108TH CONGRESS 

2D SESSION H. R. 3899

To require agencies to submit to Congress any contracts in amounts greater 

than $1,000,000 that are proposed to be awarded using noncompetitive 

procedures. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 4, 2004

Mr. BOSWELL introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committees on 

Armed Services and Rules, 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 

A BILL

To require agencies to submit to Congress any contracts 

in amounts greater than $1,000,000 that are proposed 

to be awarded using noncompetitive procedures.

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 ‘‘Contract Account5 ability for Taxpayers Savings Act’’. 
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1 SEC. 2. REQUIREMENT FOR SUBMISSION TO CONGRESS OF 

2 CONTRACTS PROPOSED TO BE AWARDED 

3 USING NONCOMPETITIVE PROCEDURES. 

4 (a) NOTIFICATION TO CONGRESS.—Before the award 

5 of a contract in an amount greater than $1,000,000 using 

6 procedures other than competitive procedures, the head of 

7 an agency shall submit to Congress a written notification 

8 that includes a copy of the contract, the proposed date 

9 of award of the contract, and a detailed explanation and 

10 justification of the contract. 

11 (b) PERIOD FOR CONGRESSIONAL DISAPPROVAL.—

12 The head of an agency may not award a contract described 

13 in subsection (a) before the expiration of 30 legislative 

14 days after the date of submission by the agency of the 

15 notification under subsection (a), except that the contract 

16 may be entered into immediately after one of the following 

17 occurs: 

18 (1) Either House of Congress considers a joint 

19 resolution described in section 3(a) with respect to 

20 the contract and fails to pass it. 

21 (2) The time period has expired for Congress to 

22 reconsider such a resolution after a presidential veto, 

23 and Congress did not override the veto during such 

24 period. 

25 (c) PROCEDURES OTHER THAN COMPETITIVE PRO26 CEDURES.—For purposes of this section, a contract is en-
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1 tered into using procedures other than competitive proce2 dures if it is entered into—

3 (1) in the case of a defense contract, pursuant 

4 to the authority provided under section 2304(c) of 

5 title 10, United States Code; and 

6 (2) in the case of any contract other than a de7 fense contract, pursuant to the authority provided 

8 under section 303(c) of title III of the Federal Prop9 erty and Administrative Services Act of 1949 (41 

10 U.S.C. 253(c)). 

11 (d) LEGISLATIVE DAY.—In this Act, the term ‘‘legis12 lative day’’ means a day on which either House of Con13 gress is in session, except the term does not include any 

14 day a House is in session during the period beginning on 

15 the date a joint resolution described in section 3(a) is pre16 sented to the President and ending on the date the joint 

17 resolution becomes law or is vetoed. 

18 SEC. 3. CONGRESSIONAL CONSIDERATION OF RESOLUTION 

19 OF DISAPPROVAL OF PROPOSED CONTRACTS. 

20 (a) TERMS OF RESOLUTION.—For purposes of this 

21 section, the term ‘‘joint resolution’’ means only a joint res22 olution which is introduced within the 5 legislative days 

23 beginning on the date on which the head of an agency 

24 submits a notification to Congress under section 2(a) 

25 and—
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1 (1) which does not have a preamble; 

2 (2) the matter after the resolving clause of 

3 which is as follows: ‘‘That Congress disapproves the 

4 proposed contract as submitted by lll on 

5 lll, and such contract may not be awarded.’’ 

6 (the blank spaces being filled in with the appropriate 

7 agency head and date); and 

8 (3) the title of which is as follows: ‘‘Joint reso9 lution disapproving proposed contract submitted by 

10 lll on lll.’’ (the blank spaces being filled in 

11 with the appropriate agency head and date). 

12 (b) DISCHARGE.—If the committee to which a resolu13 tion described in subsection (a) is referred has not re14 ported such resolution (or an identical resolution) by the 

15 end of the period of 10 legislative days beginning on the 

16 date on which the agency submits the notification under 

17 section 2(a), such committee shall be, at the end of such 

18 period, discharged from further consideration of such reso19 lution, and such resolution shall be placed on the appro20 priate calendar of the House involved. 

21 (c) CONSIDERATION.—

22 (1) On or after the third day after the date on 

23 which a joint resolution is reported or discharged 

24 from committee pursuant to subsection (b), it is in 

25 order (even though a previous motion to the same 
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1 effect has been disagreed to) for any Member of the 

2 respective House to move to proceed to the consider3 ation of the resolution. A Member may make the 

4 motion only on the day after the calendar day on 

5 which the Member announces to the House con6 cerned the Member’s intention to make the motion. 

7 All points of order against the resolution (and 

8 against consideration of the resolution) are waived. 

9 The motion is highly privileged in the House of Rep10 resentatives and is privileged in the Senate and is 

11 not debatable. The motion is not subject to amend12 ment, or to a motion to postpone, or to a motion to 

13 proceed to the consideration of other business. A 

14 motion to reconsider the vote by which the motion 

15 is agreed to or disagreed to shall not be in order. If 

16 a motion to proceed to the consideration of the reso17 lution is agreed to, the respective House shall imme18 diately proceed to consideration of the joint resolu19 tion without intervening motion, order, or other 

20 business, and the resolution shall remain the unfin21 ished business of the respective House until disposed 

22 of. 

23 (2) Debate on the resolution, and on all debat24 able motions and appeals in connection therewith, 

25 shall be limited to not more than 2 hours, which 
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1 shall be divided equally between those favoring and 

2 those opposing the resolution. An amendment to the 

3 resolution is not in order. A motion further to limit 

4 debate is in order and not debatable. A motion to 

5 postpone, or a motion to proceed to the consider6 ation of other business, or a motion to recommit the 

7 resolution is not in order. A motion to reconsider the 

8 vote by which the resolution is agreed to or dis9 agreed to is not in order. 

10 (3) Immediately following the conclusion of the 

11 debate on a resolution described in subsection (a) 

12 and a single quorum call at the conclusion of the de13 bate if requested in accordance with the rules of the 

14 appropriate House, the vote on final passage of the 

15 resolution shall occur. 

16 (4) Appeals from the decisions of the Chair re17 lating to the application of the rules of the Senate 

18 or the House of Representatives, as the case may be, 

19 to the procedure relating to a resolution described in 

20 subsection (a) shall be decided without debate. 

21 (d) CONSIDERATION BY OTHER HOUSE.—

22 (1) If, before the passage by one House of a 

23 resolution of that House described in subsection (a), 

24 that House receives from the other House a resolu-
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1 tion described in subsection (a), then the following 

2 procedures shall apply: 

3 (A) The resolution of the other House shall 

4 not be referred to a committee and may not be 

5 considered in the House receiving it except in 

6 the case of final passage as provided in sub7 paragraph (B)(ii). 

8 (B) With respect to a resolution described 

9 in subsection (a) of the House receiving the res10 olution—

11 (i) the procedure in that House shall 

12 be the same as if no resolution had been 

13 received from the other House; but 

14 (ii) the vote on final passage shall be 

15 on the resolution of the other House. 

16 (2) Upon disposition of the resolution received 

17 from the other House, it shall no longer be in order 

18 to consider the resolution that originated in the re19 ceiving House. 

20 (e) NATIONAL EMERGENCY.—In the case of a na21 tional emergency declared by the President, with respect 

22 to any contract subject to this Act for which the President 

23 determines there are urgent and compelling circumstances 

24 requiring the award of the contract without waiting for 

25 the expiration of the period of 30 legislative days under 
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1 section 2(b), the President may award the contract using 

2 procedures other than competitive procedures pursuant to 

3 the authority provided in paragraphs (2) and (6) of sec4 tion 2304(c) of title 10, United States Code (in the case 

5 of a defense contract) or paragraphs (2) and (6) of section 

6 303(c) of title III of the Federal Property and Administra7 tive Services Act of 1949 (41 U.S.C. 253(c) (in the case 

8 of contracts other than defense contracts). 

9 (f) RULES OF THE SENATE AND HOUSE.—This sec10 tion is enacted by Congress—

11 (1) an exercise of the rulemaking power of the 

12 Senate and House of Representatives, respectively, 

13 and as such it is deemed a part of the rules of each 

14 House, respectively, but applicable only with respect 

15 to the procedure to be followed in that House in the 

16 case of a resolution described in subsection (a), and 

17 it supersedes other rules only to the extent that it 

18 is inconsistent with such rules; and 

19 (2) with full recognition of the constitutional 

20 right of either House to change the rules (so far as 

21 relating to the procedure of that House) at any time, 

22 in the same manner, and to the same extent as in 

23 the case of any other rule of that House.

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