866 
‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 
‘‘(a) ESTABLISHMENT.—The Administrator of Gen-
eral Services in consultation with the Director of the Of-
fice of Management and Budget, the Secretary of Defense 
and the Secretary of Homeland Security, shall establish 
a Governmentwide Contingency Contracting Corps (in this 
section, referred to as the ‘Corps’). The members of the 
Corps shall be available for deployment in responding to 
an emergency or major disaster, or a contingency oper-
ation, within or outside the continental United States. 
‘‘(b) APPLICABILITY.—The authorities provided in 
this section apply with respect to any procurement of 
property or services by or for an executive agency that, 
as determined by the head of such executive agency, are 
to be used— 
‘‘(1) in support of a contingency operation as 
defined in section 101(a)(13) of title 10, United 
States Code; or 
‘‘(2) to respond to an emergency or major dis-
aster as defined in section 5122 of title 41, United 
States Code. 
‘‘(c) MEMBERSHIP.—Membership in the Corps shall 
be voluntary and open to all Federal employees and uni-
formed members of the Armed Services, who are currently 
members of the Federal acquisition workforce. As a condi-
tion precedent to membership in the Corps, each volunteer
867 
will execute a mobility agreement consistent with the pro-
visions included in sections 3371 through 3375 of title 5, 
United States Code. 
‘‘(d) EDUCATION AND TRAINING.—The Director of 
the Federal Acquisition Institute, in consultation with the 
Chief Acquisition Officers Council shall establish edu-
cational and training requirements for members of the 
Corps, and shall pay for these additional requirements 
from funds available in the acquisition workforce develop-
ment fund or the Department of Defense Acquisition 
Workforce Development Fund. 
‘‘(e) CLOTHING
AND EQUIPMENT.—The Adminis-
trator shall identify any necessary clothing and equipment 
requirements, and shall pay for this clothing and equip-
ment from funds available in the acquisition workforce de-
velopment fund or the Department of Defense Acquisition 
Workforce Development Fund. 
‘‘(f) SALARY.—The salaries for members of the Corps 
shall be paid by their parent agencies out of funds avail-
able. 
‘‘(g) AUTHORITY TO DEPLOY THE CORPS.—The Di-
rector of the Office of Management and Budget shall have 
the authority to determine when members of the Corps 
shall be deployed, in consultation with the head of the 
agency or agencies employing the members to be deployed.
868 
‘‘(h) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services shall provide to the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Armed Services of the Senate and 
the Committee on Oversight and Government Re-
form and the Committee on Armed Services of the 
House of Representatives an annual report on the 
status of the Contingency Contracting Corps as of 
September 30 of each fiscal year. 
‘‘(2) CONTENT.—At a minimum, each report 
under paragraph (1) shall include the number of 
members of the Contingency Contracting Corps, the 
total cost of operating the program, the number of 
deployments of members of the program, and the 
performance of members of the program in deploy-
ment.’’. 
TITLE XLIV—ANTI-FRAUD 
PROVISIONS 
SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES 
FROM REPRISAL FOR DISCLOSURE OF CER-
TAIN INFORMATION. 
(a) INCREASED PROTECTION FROM REPRISAL.— 
Subsection (a) of section 315 of the Federal Property and
869 
Administrative Services Act of 1949 (41 U.S.C. 265(a), 
is amended— 
(1) by striking ‘‘disclosing to a Member of Con-
gress’’ and inserting ‘‘disclosing to a Member of 
Congress, a representative of a committee of Con-
gress, an Inspector General, the Government Ac-
countability Office, an employee of an executive 
agency responsible for contract oversight or manage-
ment,’’; and 
(2) by striking ‘‘information relating to a sub-
stantial violation of law related to a contract (includ-
ing the competition for or negotiation of a con-
tract)’’ and inserting ‘‘information that the employee 
reasonably believes is evidence of gross mismanage-
ment of an executive agency contract or grant, a 
gross waste of executive agency funds, a substantial 
and specific danger to public health or safety, or a 
violation of law related to an executive agency con-
tract (including the competition for or negotiation of 
a contract) or grant’’. 
(b) CLARIFICATION OF INSPECTOR GENERAL DE-
TERMINATION.—Subsection (b) of such section is amend-
ed— 
(1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION 
OF COMPLAINTS.—’’; and
870 
(2) by adding at the end the following new 
paragraph: 
‘‘(2)(A) Except as provided under subparagraph (B), 
the Inspector General shall make a determination that a 
complaint is frivolous or submit a report under paragraph 
(1) within 180 days after receiving the complaint. 
‘‘(B) If the Inspector General is unable to complete 
an investigation in time to submit a report within the 180- 
day period specified in subparagraph (A) and the person 
submitting the complaint agrees to an extension of time, 
the Inspector General shall submit a report under para-
graph (1) within such additional period of time as shall 
be agreed upon between the Inspector General and the 
person submitting the complaint.’’. 
(c) ACCELERATION OF SCHEDULE FOR DENYING RE-
LIEF OR PROVIDING REMEDY.—Subsection (c) of such 
section is amended in paragraph (1), by striking ‘‘If the 
head of an executive agency determines that a contractor 
has subjected a person to a reprisal prohibited by sub-
section (a), the head of the agency may’’ and inserting 
after ‘‘(1)’’ the following: ‘‘Not later than 30 days after 
receiving an Inspector General report pursuant to sub-
section (b), the head of an executive agency concerned 
shall determine whether there is sufficient basis to con-
clude that the contractor concerned has subjected the com-
871 
plainant to a reprisal prohibited by subsection (a) and 
shall either issue an order denying relief or shall’’. 
(d) DEFINITIONS.—Subsection (e) of such section is 
amended in paragraph (2), by inserting ‘‘or a grant’’ after 
‘‘a contract’’. 
SEC. 4402. MANDATORY FRAUD REPORTING. 
(a) AMENDMENT OF FEDERAL ACQUISITION REGU-
LATION.—The Federal Acquisition Regulation shall be 
amended within 180 days after the date of the enactment 
of this Act pursuant to FAR Case 2007–006 (as published 
at 72 Fed. Reg. 64019, November 14, 2007) or any fol-
low-on FAR case to include provisions that require timely 
notification by Federal contractors of violations of Federal 
criminal law or overpayments in connection with the 
award or performance of covered contracts or sub-
contracts, including those performed outside the United 
States and those for commercial items. 
(b) COVERED CONTRACT DEFINED.—In this section, 
the term ‘‘covered contract’’ means any contract in an 
amount greater than $5,000,000 and more than 120 days 
in duration. 
SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO 
CONTRACTOR EMPLOYEES. 
(a) CIVILIAN AGENCIES.—Section 304C of the Fed-
eral Property and Administrative Services Act of 1949 (41
872 
U.S.C. 254d) is amended in subsection (c)(1) by inserting 
after ‘‘records’’ the following ‘‘, or interview any em-
ployee,’’. 
(b) DEFENSE AGENCIES.—Section 2313 of title 10, 
United States Code, is amended in subsection (c)(1) by 
inserting after ‘‘records’’ the following ‘‘, or interview any 
employee,’’. 
SEC. 4404. PREVENTING CONFLICTS OF INTEREST. 
(a) ORGANIZATIONAL CONFLICTS OF INTEREST.— 
Not later than 12 months after the date of the enactment 
of this Act, the Administrator of the Office of Federal 
Procurement Policy shall review the Federal Acquisition 
Regulation to determine whether it contains sufficiently 
rigorous, comprehensive, and uniform Governmentwide 
policies to prevent and mitigate organizational conflicts of 
interest in Federal contracting. In reviewing such regula-
tions, the Administrator and the Federal Acquisition Reg-
ulatory Council, in consultation with the Office of Govern-
ment Ethics, shall, at a minimum, make appropriate revi-
sions to the regulations to— 
(1) establish a standard organizational conflict 
of interest clause, or a set of standard organizational 
conflict of interest clauses, for inclusion in solicita-
tions and contracts that set forth the contractor’s 
responsibilities with respect to its employees, sub-
873 
contractors, partners, and any other affiliated orga-
nizations or individuals; 
(2) address conflicts that may arise in the con-
text of developing requirements and statements of 
work, the selection process, and contract administra-
tion; 
(3) ensure that adequate organizational conflict 
of interest safeguards are enacted in situations in 
which contractors are employed by the Federal Gov-
ernment to oversee other contractors or are hired to 
assist in the acquisition process; and 
(4) ensure that any policies or clauses developed 
address conflicts of interest that may arise from fi-
nancial interests, unfair competitive advantages, and 
impaired objectivity. 
(b) PERSONAL CONFLICTS OF INTEREST.—Not later 
than 12 months after the date of the enactment of this 
Act, the Federal Acquisition Regulation shall be amended 
to establish uniform, Governmentwide policies to prevent 
personal conflicts of interest by contractor employees in 
Federal contracting. In developing such regulations, the 
Federal Acquisition Regulatory Council, in consultation 
with the Office of Government Ethics, shall, at a min-
imum—
874 
(1) develop a standard contractor employee per-
sonal conflicts of interest clause or a set of standard 
clauses for inclusion in solicitations and contracts 
that set forth the contractor’s responsibility to en-
sure that employees who are performing contracted 
services for the Federal Government are free of per-
sonal conflicts of interest; 
(2) identify the contracting methods, types and 
services that raise heightened concerns for potential 
conflicts of interest; and 
(3) establish specified principles, examples, a 
definition of personal conflicts of interest relevant to 
contractor employees working on Federal Govern-
ment contracts, specific prohibitions, and where ap-
plicable, greater disclosure for certain contractor em-
ployees, that will accomplish the end objective of eth-
ical behavior. 
(c) BEST PRACTICES.—The Administrator of the Of-
fice of Federal Procurement Policy, in consultation with 
the Office of Governmentwide Ethics, shall develop and 
maintain a repository of best practices relating to the pre-
vention and mitigation of organizational and personal con-
flicts of interest.
875 
TITLE XLV—ENHANCED 
CONTRACT TRANSPARENCY 
SEC. 4501. DISCLOSURE OF CEO SALARIES. 
(a) DISCLOSURE REQUIREMENTS.—Section 2(b)(1) 
of the Federal Funding Accountability and Transparency 
Act (Public Law 109–282; 31 U.S.C. 6101 note) is 
amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (E) the fol-
lowing new subparagraph: 
‘‘(F) the names and total compensation of 
the five most highly compensated officers of the 
entity if— 
‘‘(i) the entity in the preceding fiscal 
year received— 
‘‘(I) 80 percent or more of its an-
nual 
gross 
revenues 
in 
Federal 
awards; and 
‘‘(II) $25,000,000 or more in an-
nual gross revenues from Federal 
awards; and
876 
‘‘(ii) the public does not have access 
to information about the compensation of 
the senior executives of the entity through 
periodic reports filed under section 13(a) 
or 15(d) of the Securities Exchange Act of 
1934 (15 U.S.C. 78m(a), 78o(d)) or sec-
tion 6104 of the Internal Revenue Code of 
1986.’’. 
(b) REGULATIONS REQUIRED.—The Director of the 
Office of Management and Budget shall promulgate regu-
lations to implement the amendment made by this title. 
Such regulations shall include a definition of ‘‘total com-
pensation’’ that is consistent with regulations of the Secu-
rities and Exchange Commission at section 402 of part 
229 of title 17 of the Code of Federal Regulations (or any 
subsequent regulation). 
SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND 
SUSPENSION AND DEBARMENT OFFICIALS. 
(a) IN GENERAL.—Subject to the authority, direc-
tion, and control of the Director of the Office of Manage-
ment and Budget, the Administrator of General Services 
shall establish and maintain a database of information re-
garding integrity and performance of persons awarded 
Federal contracts and grants for use by Federal officials 
having authority over contracts and grants.
877 
(b) PERSONS COVERED.—The database shall cover 
any person awarded a Federal contract or grant if any 
information described in subsection (c) exists with respect 
to such person. 
(c) INFORMATION INCLUDED.—With respect to a 
person awarded a Federal contract or grant, the database 
shall include information (in the form of a brief descrip-
tion) for at least the most recent 5-year period regard-
ing— 
(1) any civil or criminal proceeding, or any ad-
ministrative proceeding to the extent that such pro-
ceeding results in both a finding of fault on the part 
of the person and the payment of restitution to a 
government of $5,000 or more, concluded by the 
Federal Government or any State government 
against the person, and any amount paid by the per-
son to the Federal Government or a State govern-
ment; 
(2) all Federal contracts and grants awarded to 
the person that were terminated in such period due 
to default; 
(3) all Federal suspensions and debarments of 
the person in that period; 
(4) all Federal administrative agreements en-
tered into by the person and the Federal Govern-
878 
ment in that period to resolve a suspension or debar-
ment proceeding and, to the maximum extent prac-
ticable, agreements involving a suspension or debar-
ment proceeding entered into by the person and a 
State government in that period; and 
(5) all final findings by a Federal official in 
that period that the person has been determined not 
to be a responsible source under either subparagraph 
(C) or (D) of section 4(7) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(7)). 
(d) REQUIREMENTS RELATING TO INFORMATION IN 
DATABASE.— 
(1) DIRECT INPUT AND UPDATE.—The Admin-
istrator shall design and maintain the database in a 
manner that allows the appropriate officials of each 
Federal agency to directly input and update in the 
database information relating to actions it has taken 
with regard to contractors or grant recipients. 
(2) TIMELINESS AND ACCURACY.—The Admin-
istrator shall develop policies to require— 
(A) the timely and accurate input of infor-
mation into the database; 
(B) notification of any covered person 
when information relevant to the person is en-
tered into the database; and
879 
(C) an opportunity for any covered person 
to append comments to information about such 
person in the database. 
(e) AVAILABILITY.— 
(1) AVAILABILITY
TO
ALL
FEDERAL
AGEN-
CIES.—The Administrator shall make the database 
available to all Federal agencies. 
(2) AVAILABILITY TO THE PUBLIC.—The Ad-
ministrator shall make the database available to the 
public by posting the database on the General Serv-
ices Administration website. 
(3) LIMITATION.—This subsection does not re-
quire the public availability of information that is 
exempt from public disclosure under section 552(b) 
of title 5, United States Code. 
SEC. 4503. REVIEW OF DATABASE. 
(a) REQUIREMENT TO REVIEW DATABASE.—Prior to 
the award of a contract or grant, an official responsible 
for awarding a contract or grant shall review the database 
established under section 2. 
(b) REQUIREMENT
TO DOCUMENT PRESENT RE-
SPONSIBILITY.—In the case of a prospective awardee of 
a contract or grant against which a judgment or conviction 
has been rendered more than once within any 3-year pe-
riod for the same or similar offences, if each judgment
880 
or conviction is a cause for debarment, the official respon-
sible for awarding the contract or grant shall document 
why the prospective awardee is considered presently re-
sponsible. 
SEC. 4504. DISCLOSURE IN APPLICATIONS. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of the enactment of this Act, Federal regulations 
shall be amended to require that in applying for any Fed-
eral grant or submitting a proposal or bid for any Federal 
contract a person shall disclose in writing information de-
scribed in section 2(c). 
(b) COVERED CONTRACTS AND GRANTS.—This sec-
tion shall apply only to contracts and grants in an amount 
greater than the simplified acquisition threshold, as de-
fined in section 4(11) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 401(11)). 
SEC. 4505. ROLE OF INTERAGENCY COMMITTEE. 
(a) REQUIREMENT.—The Interagency Committee on 
Debarment and Suspension shall— 
(1) resolve issues regarding which of several 
Federal agencies is the lead agency having responsi-
bility to initiate suspension or debarment pro-
ceedings; 
(2) coordinate actions among interested agen-
cies with respect to such action;
881 
(3) encourage and assist Federal agencies in 
entering into cooperative efforts to pool resources 
and achieve operational efficiencies in the Govern-
mentwide suspension and debarment system; 
(4) recommend to the Office of Management 
and Budget changes to Government suspension and 
debarment system and its rules, if such rec-
ommendations are approved by a majority of the 
Interagency Committee; 
(5) authorize the Office of Management and 
Budget to issue guidelines that implement those rec-
ommendations; 
(6) authorize the chair of the Committee to es-
tablish subcommittees as appropriate to best enable 
the Interagency Committee to carry out its func-
tions; and 
(7) submit to the Congress an annual report 
on— 
(A) the progress and efforts to improve the 
suspension and debarment system; 
(B) member agencies’ active participation 
in the committee’s work; and 
(C) a summary of each agency’s activities 
and accomplishments in the Governmentwide 
debarment system.
882 
(b) DEFINITION.—The term ‘‘Interagency Committee 
on Debarment and Suspension’’ means such committee 
constituted under sections 4 and 5 and of Executive Order 
No. 12549. 
SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES. 
Any agency, commission, or organization of the Fed-
eral Government to which Executive Order No. 12549 
does not apply is authorized to participate in the Govern-
mentwide suspension and debarment system and may rec-
ognize the suspension or debarment issued by an executive 
branch agency in its own procurement or assistance activi-
ties. 
SEC. 4507. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Ad-
ministrator of General Services such funds as may be nec-
essary to establish the database described in section 2. 
SEC. 4508. REPORT TO CONGRESS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Adminis-
trator of General Services shall submit to Congress a re-
port. 
(b) CONTENTS OF REPORT.—The report shall con-
tain the following: 
(1) A list of all databases that include informa-
tion about Federal contracting and Federal grants.
883 
(2) Recommendations for further legislation or 
administrative action that the Administrator con-
siders appropriate to create a centralized, com-
prehensive Federal contracting and Federal grant 
database. 
SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCURE-
MENT DATA SYSTEM. 
(a) ENHANCED TRANSPARENCY ON INTERAGENCY 
CONTRACTING AND OTHER TRANSACTIONS.—Not later 
than 12 months after the date of the enactment of this 
Act, the Director of the Office of Management and Budget 
shall direct appropriate revisions to the Federal Procure-
ment Data System or any successor system to facilitate 
the collection of complete, timely, and reliable data on 
interagency contracting actions and on transactions other 
than contracts, grants, and cooperative agreements issued 
pursuant to section 2371 of title 10, United States Code, 
or similar authorities. The Director shall ensure that data, 
consistent with what is collected for contract actions, is 
obtained on— 
(1) interagency contracting actions, including 
data at the task or delivery-order level; and 
(2) other transactions, including the initial 
award and any subsequent modifications awarded or 
orders issued.
884 
(b) AMENDMENT.—Subsection (d) of section 19 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
417(d)) is amended to read as follows: 
‘‘(d) TRANSMISSION AND DATA ENTRY OF INFORMA-
TION.—The head of each executive agency shall ensure the 
accuracy of the information included in the record estab-
lished and maintained by such agency under subsection 
(a) and shall timely transmit such information to the Gen-
eral Services Administration for entry into the Federal 
Procurement Data System referred to in section 6(d)(4), 
or any successor system.’’. 
SEC. 4510. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 
motion for change of custody of a child of a servicemember 
is filed while the servicemember is deployed in support of 
a contingency operation, no court may enter an order 
modifying or amending any previous judgment or order,
885 
or issue a new order, that changes the custody arrange-
ment for that child that existed as of the date of the de-
ployment of the servicemember, except that a court may 
enter a temporary custody order if there is clear and con-
vincing evidence that it is in the best interest of the child. 
‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre-
ceding covered under subsection (a), a court shall require 
that, upon the return of the servicemember from deploy-
ment in support of a contingency operation, the custody 
order that was in effect immediately preceding the date 
of the deployment of the servicemember is reinstated, un-
less there is clear and convincing evidence that such a re-
instatement is not in the best interest of the child. 
‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE-
TERMINATION OF CHILD’S BEST INTEREST.—If a motion 
for the change of custody of the child of a servicemember 
is filed, no court may consider the absence of the 
servicemember by reason of deployment, or possibility of 
deployment, in determining the best interest of the child. 
‘‘(d) CONTINGENCY OPERATION DEFINED.—In this 
section, the term ‘contingency operation’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code, except that the term may include such other 
deployments as the Secretary may prescribe.’’.
110TH CONGRESS 
2D SESSION 
H. R. 5658 
AN ACT 
To authorize appropriations for fiscal year 2009 for 
military activities of the Department of Defense, 
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, 
to amend the Servicemembers Civil Relief Act to 
provide for the protection of child custody ar-
rangements for parents who are members of the 
Armed Forces deployed in support of a contin-
gency operation, and for other purposes.