I
104TH CONGRESS
1ST SESSION
H. R. 1038
To revise and streamline the acquisition laws of the Federal Government,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1995
Mr. CLINGER (for himself, Mr. SPENCE, and Mr. GILMAN) introduced the fol-
lowing bill; which was referred to the Committee on Government Reform
and Oversight and, in addition, to the Committees on National Security,
International Relations, and the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To revise and streamline the acquisition laws of the Federal
Government, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Acquisition
Reform Act of 1995’’.
SEC. 2. PROCUREMENT INTEGRITY AMENDMENT.
(a) AMENDMENT OF PROCUREMENT INTEGRITY PRO-
VISION.—Section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423) is amended to read as follows:
‘‘SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING
CONTRACTOR BID OR PROPOSAL INFORMA-
TION OR SOURCE SELECTION INFORMATION.
‘‘(a) PROHIBITION ON DISCLOSING PROCUREMENT
INFORMATION.—(1) A person described in paragraph (2)
shall not, other than as provided by law, knowingly and
willfully disclose contractor bid or proposal information or
source selection information before the award of a Federal
agency procurement contract to which the information re-
lates.
‘‘(2) Paragraph (1) applies to any person who—
‘‘(A) is a present or former officer or employee
of the United States, or a person who is acting or
has acted for or on behalf of, or who is advising or
has advised the United States with respect to, a
Federal agency procurement; and
‘‘(B) by virtue of that office, employment, or re-
lationship has or had access to contractor bid or pro-
posal information or source selection information.
‘‘(b) PROHIBITION
ON OBTAINING PROCUREMENT
INFORMATION.—A person shall not, other than as pro-
vided by law, knowingly and willfully obtain contractor bid
or proposal information or source selection information be-
fore the award of a Federal agency procurement contract
to which the information relates.
‘‘(c) PROHIBITION ON DISCLOSING OR OBTAINING
PROCUREMENT INFORMATION IN CONNECTION WITH A
PROTEST.—(1) A person shall not, other than as provided
by law, knowingly and willfully violate the terms of a pro-
tective order described in paragraph (2) by disclosing or
obtaining contractor bid or proposal information or source
selection information related to the procurement contract
concerned.
‘‘(2) Paragraph (1) applies to any protective order
issued by the Comptroller General or the board of contract
appeals of the General Services Administration in connec-
tion with a protest against the award or proposed award
of a Federal agency procurement contract.
‘‘(d) PENALTIES AND ADMINISTRATIVE ACTIONS.—
‘‘(1) CRIMINAL PENALTIES.—
‘‘(A) Whoever engages in conduct con-
stituting an offense under subsection (a), (b),
or (c) shall be imprisoned for not more than
one year or fined as provided under title 18,
United States Code, or both.
‘‘(B) Whoever engages in conduct con-
stituting an offense under subsection (a), (b),
or (c) for the purpose of either—
‘‘(i) exchanging the information cov-
ered by such subsection for anything of
value, or
‘‘(ii) obtaining or giving anyone a
competitive advantage in the award of a
Federal agency procurement contract,
shall be imprisoned for not more than five years
or fined as provided under title 18, United
States Code, or both.
‘‘(2) CIVIL PENALTIES.—The Attorney General
may bring a civil action in the appropriate United
States district court against any person who engages
in conduct constituting an offense under subsection
(a), (b), or (c). Upon proof of such conduct by a
preponderance of the evidence, the person is subject
to a civil penalty. An individual who engages in such
conduct is subject to a civil penalty of not more than
$50,000 for each violation plus twice the amount of
compensation which the individual received or of-
fered for the prohibited conduct. An organization
that engages in such conduct is subject to a civil
penalty of not more than $500,000 for each violation