I 
108TH CONGRESS 
1ST SESSION H. R. 2017
To require public disclosure of noncompetitive contracting for the 
reconstruction of the infrastructure of Iraq, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2003
Mr. KLECZKA (for himself and Mr. HINCHEY) introduced the following bill; 
which was referred to the Committee on Government Reform 
A BILL 
To require public disclosure of noncompetitive contracting 
for the reconstruction of the infrastructure of Iraq, 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 ‘‘Sunshine in Iraq Re-
construction Act of 2003’’. 
SEC. 2. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON-
TRACTING FOR THE RECONSTRUCTION OF 
INFRASTRUCTURE IN IRAQ. 
(a) DISCLOSURE REQUIRED.—
(1) PUBLICATION AND PUBLIC AVAILABILITY.—
The head of an executive agency of the United 
States that enters into a contract for the repair, 
maintenance, or construction of infrastructure in 
Iraq without full and open competition shall publish 
in the Federal Register or Commerce Business Daily 
and otherwise make available to the public, not later 
than 30 days after the date on which the contract 
is entered into, the following information: 
(A) The amount of the contract. 
(B) A brief description of the scope of the 
contract. 
(C) A discussion of how the executive 
agency identified, and solicited offers from, po-
tential contractors to perform the contract, to-
gether with a list of the potential contractors 
that were issued solicitations for the offers. 
(D) The justification and approval docu-
ments on which was based the determination to 
use procedures other than procedures that pro-
vide for full and open competition. 
(2) INAPPLICABILITY
TO
CONTRACTS
AFTER 
FISCAL YEAR 2013.—Paragraph (1) does not apply to 
a contract entered into after September 30, 2013. 
(b) CLASSIFIED INFORMATION.—
(1) AUTHORITY TO WITHHOLD.—The head of 
an executive agency may—
(A) withhold from publication and disclo-
sure under subsection (a) any document that is 
classified for restricted access in accordance 
with an Executive order in the interest of na-
tional defense or foreign policy; and 
(B) redact any part so classified that is in 
a document not so classified before publication 
and disclosure of the document under sub-
section (a). 
(2) AVAILABILITY TO CONGRESS.—In any case 
in which the head of an executive agency withholds 
information under paragraph (1), the head of such 
executive agency shall make available an unredacted 
version of the document containing that information 
to the chairman and ranking member of each of the 
following committees of Congress: 
(A) The Committee on Governmental Af-
fairs of the Senate and the Committee on Gov-
ernment Reform of the House of Representa-
tives. 
(B) The Committees on Appropriations of 
the Senate and House of Representatives.
(C) Each committee that the head of the 
executive agency determines has legislative ju-
risdiction for the operations of such department 
or agency to which the information relates. 
(c) FISCAL YEAR 2003 CONTRACT.—This section 
shall apply to contracts entered into on or after October 
1, 2002, except that, in the case of a contract entered into 
before the date of the enactment of this Act, subsection 
(a) shall be applied as if the contract had been entered 
into on the date of the enactment of this Act. 
(d) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—
Nothing in this section shall be construed as affecting obli-
gations to disclose United States Government information 
under any other provision of law. 
(e) DEFINITIONS.—In this section, the terms ‘‘execu-
tive agency’’ and ‘‘full and open competition’’ have the 
meanings given such terms in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403).
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