I 
111TH CONGRESS 
2D SESSION 
H. R. 6310 
To restore accountability and Congressional oversight to the defense 
contracting process. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2010 
Mr. BLUMENAUER (for himself, Mr. SCHRADER, and Mr. JONES) introduced 
the following bill; which was referred to the Committee on Armed Services 
A BILL 
To restore accountability and Congressional oversight to the 
defense contracting process. 
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 ‘‘Accountability for De-
fense Contractors Act’’. 
SEC. 2. RESTORING CONGRESSIONAL NOTIFICATION OF IN-
DEMNIFICATION. 
Public Law 85–804 is amended by adding at the end 
the following new section: 
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‘‘SEC. 5. REPORTS TO CONGRESS. 
‘‘(a) REQUIREMENT.—If the Department of Defense 
takes any action under authority of this Act during any 
year, the Secretary of Defense shall, by March 15 of the 
succeeding year, submit to Congress a report on all such 
actions taken by the Department during that preceding 
year. With respect to actions that involve actual or poten-
tial cost to the United States in excess of $1,000,000, the 
report shall— 
‘‘(1) name the contractor; 
‘‘(2) state the actual cost or estimated potential 
cost involved; 
‘‘(3) describe the property or services involved; 
and 
‘‘(4) state further the circumstances justifying 
the action taken. 
‘‘(b) OMISSIONS.—There may be omitted in a report 
under subsection (a) any information the disclosure of 
which would be detrimental to the national security, if the 
Secretary of Defense provides justification of such omis-
sion to the relevant congressional committees.’’. 
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SEC. 3. PROHIBITION OF INDEMNIFICATION FOR CONTRAC-
TORS IN CASES INVOLVING GROSS NEG-
LIGENCE, WILLFUL MISCONDUCT, OR LACK 
OF GOOD FAITH BY CONTRACTORS. 
Public Law 85–804, as amended by section 2, is fur-
ther amended by adding at the end the following new sec-
tion: 
‘‘SEC. 6. PROHIBITION OF INDEMNIFICATION IN CERTAIN 
CASES. 
‘‘(a) IN GENERAL.—A contractor of the Department 
of Defense shall not be indemnified for— 
‘‘(1) government claims against the contractor 
(other than those arising through subrogation); 
‘‘(2) a claim, loss, or damage caused by gross 
negligence, willful misconduct, or lack of good faith 
on the part of any of the contractor’s principal offi-
cials (as defined by part 52.250–1 of the Federal 
Acquisition Regulation); or 
‘‘(3) a claim, loss, or damage resulting from an 
unusually hazardous or nuclear risk not specified in 
the terms of the contract and discovered on the site 
where the contract is performed, or that reasonably 
should have been discovered on the site. 
‘‘(b) NOTIFICATION.—In the case of an unusually 
hazardous or nuclear risk referred to in subsection (a)(3), 
the contractor shall immediately notify the contracting of-
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ficer of such risk upon discovery or when discovery reason-
ably should have been made.’’. 
SEC. 4. CONGRESSIONAL NOTIFICATION AND THE LOSS OF 
INDEMNIFICATION IN OTHER CASES. 
(a) IN GENERAL.—A contract entered into by the De-
partment of Defense under authority that provides for in-
demnification not authorized by the provisions of law list-
ed in subsection (b) may provide for indemnification of 
the contractor as the Secretary of Defense determines to 
be necessary only if— 
(1) the contract complies with the requirements 
in section 5 of Public Law 85–804 (as added by sec-
tion 2), relating to notice to Congress; and 
(2) the contract complies with the requirements 
in section 6 of Public Law 85–804 (as added by sec-
tion 3), relating to a prohibition on indemnification 
for certain claims and a requirement for notification. 
(b) PROVISIONS OF LAW LISTED.—The provisions of 
laws listed in this subsection are as follows: 
(1) Section 2354 of title 10, United States 
Code. 
(2) The Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) 
Æ 
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