IIB 
110TH CONGRESS 
1ST SESSION H. R. 1362 
IN THE SENATE OF THE UNITED STATES 
MARCH 15, 2007 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To reform acquisition practices of the Federal Government. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
02:47 Mar 16, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1362.RFS
H1362
jcorcoran on PROD1PC65 with BILLS
HR 1362 RFS
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Accountability in Contracting Act’’. 
(b) TABLE OF CONTENTS.—The table of contents 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 non-
competitive contracts. 
Sec. 202. Disclosure of Government contractor audit findings. 
Sec. 203. Study of acquisition workforce. 
Sec. 204. Repeal of sunset of training fund. 
Sec. 205. Notice to Congress of noncompetitive contracts awarded to foreign- 
owned companies in countries sponsoring terrorism. 
Sec. 206. Prohibition on contracts to educational institutions not supporting 
U.S. defense efforts. 
TITLE III—PROMOTING INTEGRITY IN CONTRACTING 
Sec. 301. Additional provisions relating to procurement officials. 
Sec. 302. Report to Congress. 
TITLE I—IMPROVING THE 
QUALITY OF CONTRACTS 
SEC. 101. LIMITATION ON LENGTH OF NONCOMPETITIVE 
CONTRACTS. 
(a) REVISION OF FAR.—Not later than one year 
after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be revised to restrict the con-
tract period of any contract described in subsection (c) 
to the minimum contract period necessary— 
VerDate Aug 31 2005 
02:47 Mar 16, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1362.RFS
H1362
jcorcoran on PROD1PC65 with BILLS
HR 1362 RFS
(1) to meet the urgent and compelling require-
ments of the work to be performed under the con-
tract; and 
(2) to enter into another contract for the re-
quired goods or services through the use of competi-
tive procedures. 
(b) CONTRACT PERIOD.—The regulations promul-
gated under subsection (a) shall require the contract pe-
riod to not exceed one year, unless the head of the execu-
tive agency concerned determines that the Government 
would be seriously injured by the limitation on the con-
tract period. 
(c) COVERED CONTRACTS.—This section applies to 
any contract in an amount greater than $1,000,000 en-
tered into by an executive agency using procedures other 
than competitive procedures pursuant to the exception 
provided in section 303(c)(2) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) 
or section 2304(c)(2) of title 10, United States Code. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘executive agency’’ has the mean-
ing provided in section 4(1) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(1)). 
(2) The term ‘‘head of the executive agency’’ 
means the head of an executive agency except that, 
VerDate Aug 31 2005 
02:47 Mar 16, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1362.RFS
H1362
jcorcoran on PROD1PC65 with BILLS
HR 1362 RFS
in the case of the Department of Defense, the term 
means— 
(A) in the case of a military department, 
the Secretary of the military department; 
(B) in the case of a Defense Agency, the 
head of the Defense Agency; and 
(C) in the case of any part of the Depart-
ment of Defense other than a military depart-
ment or Defense Agency, the Under Secretary 
of Defense for Acquisition, Technology, and Lo-
gistics. 
SEC. 102. MINIMIZING SOLE-SOURCE CONTRACTS. 
(a) PLANS REQUIRED.—Subject to subsection (c), 
the head of each executive agency covered by title III of 
the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 251 et seq.) or, in the case of the Depart-
ment of Defense, the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics, shall develop and im-
plement a plan to minimize, to the maximum extent prac-
ticable, the use of contracts entered into using procedures 
other than competitive procedures by the agency or de-
partment concerned. The plan shall contain measurable 
goals and shall be completed and submitted to the Com-
mittee on Oversight and Government Reform of the House 
of Representatives, the Committee on Homeland Security 
VerDate Aug 31 2005 
02:47 Mar 16, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1362.RFS
H1362
jcorcoran on PROD1PC65 with BILLS
HR 1362 RFS
and Governmental Affairs of the Senate, and the Commit-
tees on Appropriations of the House of Representatives 
and the Senate and, in the case of the Department of De-
fense and the Department of Energy, the Committees on 
Armed Services of the Senate and the House of Represent-
atives, with a copy provided to the Comptroller General, 
not later than 1 year after the date of the enactment of 
this Act. 
(b) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General shall review the plans provided under sub-
section (a) and submit a report to Congress on the plans 
not later than 18 months after the date of the enactment 
of this Act. 
(c) REQUIREMENT LIMITED
TO CERTAIN AGEN-
CIES.—The requirement of subsection (a) shall apply only 
to those agencies that awarded contracts in a total amount 
of at least $1,000,000,000 in the fiscal year preceding the 
fiscal year in which the report is submitted. 
(d) CERTAIN
CONTRACTS
EXCLUDED.—The fol-
lowing contracts shall not be included in the plans devel-
oped and implemented under subsection (a): 
(1) Contracts entered into under section 8(a) of 
the Small Business Act (15 U.S.C. 637(a)), in 
amounts less than the amounts listed in paragraph 
(1)(D)(i)(II) of that section. 
VerDate Aug 31 2005 
02:47 Mar 16, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1362.RFS
H1362
jcorcoran on PROD1PC65 with BILLS
HR 1362 RFS
(2) Contracts entered into under section 31 (15 
U.S.C. 657a) of such Act, in amounts less than the 
amounts listed in subsection (b)(2)(A)(ii) of that 
section. 
(3) Contracts entered into under section 36 of 
such Act (15 U.S.C. 657f), in amounts less than the 
amounts listed in subsection (a)(2) of that section. 
SEC. 103. MAXIMIZING FIXED-PRICE PROCUREMENT CON-
TRACTS. 
(a) PLANS REQUIRED.—Subject to subsection (c), 
the head of each executive agency covered by title III of 
the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 251 et seq.) or, in the case of the Depart-
ment of Defense, the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics, shall develop and im-
plement a plan to maximize, to the fullest extent prac-
ticable, the use of fixed-price type contracts for the pro-
curement of goods and services by the agency or depart-
ment concerned. The plan shall contain measurable goals 
and shall be completed and submitted to the Committee 
on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Commit-
tees on Appropriations of the House of Representatives 
and the Senate and, in the case of the Department of De-
VerDate Aug 31 2005 
02:47 Mar 16, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1362.RFS
H1362
jcorcoran on PROD1PC65 with BILLS
HR 1362 RFS
fense and the Department of Energy, the Committees on 
Armed Services of the Senate and the House of Represent-
atives, with a copy provided to the Comptroller General, 
not later than 1 year after the date of the enactment of 
this Act. 
(b) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General shall review the plans provided under sub-
section (a) and submit a report to Congress on the plans 
not later than 18 months after the date of the enactment 
of this Act. 
(c) REQUIREMENT LIMITED
TO CERTAIN AGEN-
CIES.—The requirement of subsection (a) shall apply only 
to those agencies that awarded contracts in a total amount 
of at least $1,000,000,000 in the fiscal year preceding the 
fiscal year in which the report is submitted. 
TITLE II—INCREASING 
CONTRACT OVERSIGHT 
SEC. 201. PUBLIC DISCLOSURE OF JUSTIFICATION AND AP-
PROVAL DOCUMENTS FOR NONCOMPETITIVE 
CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.— 
(1) IN GENERAL.—Section 303 of the Federal 
Property and Administrative Services Act of 1949 
(41 U.S.C. 253) is amended by adding at the end 
the following new subsection: 
VerDate Aug 31 2005 
02:47 Mar 16, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1362.RFS
H1362
jcorcoran on PROD1PC65 with BILLS