I 
110TH CONGRESS 
1ST SESSION H. R. 1362 
To reform acquisition practices of the Federal Government. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2007 
Mr. WAXMAN introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
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, 
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—LIMITING THE USE OF ABUSE-PRONE CONTRACTS 
Sec. 101. Limitation on length of noncompetitive contracts. 
Sec. 102. Minimizing sole-source contracts. 
Sec. 103. Minimizing cost-reimbursement type contracts. 
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TITLE II—INCREASING CONTRACT OVERSIGHT 
Sec. 201. Public disclosure of justification and approval documents for non-
competitive contracts. 
Sec. 202. Disclosure of Government contractor overcharges. 
Sec. 203. Funding contract oversight. 
TITLE III—DETERRING CORRUPTION IN CONTRACTING 
Sec. 301. Additional provisions relating to procurement officials. 
TITLE I—LIMITING THE USE OF 
ABUSE-PRONE 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— 
(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 240 days, unless the head of the execu-
tive agency concerned determines that exceptional cir-
cumstances apply. 
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(c) COVERED CONTRACTS.—This section applies to 
any contract in an amount greater than the simplified ac-
quisition threshold entered into by an executive agency 
using procedures other than competitive procedures pursu-
ant 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, 
in the case of a military department, the term means 
the Secretary of Defense. 
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.) and the head of each agency 
covered by chapter 137 of title 10, United States Code, 
shall develop and implement a plan to minimize the use 
of contracts entered into using procedures other than com-
petitive procedures by the agency concerned. The plan 
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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 Committees on Appropriations of the 
House of Representatives and the Senate with a copy pro-
vided 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. 
SEC. 103. MINIMIZING COST-REIMBURSEMENT TYPE 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.) and the head of each agency 
covered by chapter 137 of title 10, United States Code, 
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shall develop and implement a plan to minimize the use 
of cost-reimbursement type contracts by the agency con-
cerned. The plan shall contain measurable goals and shall 
be completed and submitted to the Committee on Over-
sight and Government Reform of the House of Represent-
atives, the Committee on Homeland Security and Govern-
mental Affairs of the Senate, and the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate 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. 
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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: 
‘‘(j)(1) In the case of a procurement permitted by 
subsection (c), the head of an executive agency shall make 
publicly available, within 14 days after the award of the 
contract, the documents containing the justification and 
approval required by subsection (f)(1) with respect to the 
procurement. 
‘‘(2) The documents shall be made available on the 
website of the agency and through the Federal Procure-
ment Data System. 
‘‘(3) This subsection does not require the public avail-
ability of information that is exempt from public disclosure 
under section 552(b) of title 5, United States Code.’’. 
(2) CONFORMING AMENDMENT.—Section 303(f) 
of such Act is amended— 
(A) by striking paragraph (4); and 
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(B) by redesignating paragraph (5) as 
paragraph (4). 
(b) DEFENSE AGENCY CONTRACTS.— 
(1) IN
GENERAL.—Section 2304 of title 10, 
United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(l)(1) In the case of a procurement permitted by 
subsection (c), the head of an agency shall make publicly 
available, within 14 days after the award of the contract, 
the documents containing the justification and approval 
required by subsection (f)(1) with respect to the procure-
ment. 
‘‘(2) The documents shall be made available on the 
website of the agency and through the Federal Procure-
ment Data System. 
‘‘(3) This subsection does not require the public avail-
ability of information that is exempt from public disclosure 
under section 552(b) of title 5, United States Code.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
2304(f) of such title is amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (4) and (5), respectively. 
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SEC. 202. DISCLOSURE OF GOVERNMENT CONTRACTOR 
OVERCHARGES. 
(a) QUARTERLY REPORT TO CONGRESS.— 
(1) The head of each Federal agency or depart-
ment shall submit to the chairman and ranking 
member of each committee specified in paragraph 
(2) on a quarterly basis a report that includes the 
following: 
(A) A list of audits or other reports issued 
during the applicable quarter that describe con-
tractor costs in excess of $1,000,000 that have 
been identified as unjustified, unsupported, 
questioned, or unreasonable under any contract, 
task or delivery order, or subcontract. 
(B) The specific amounts of costs identi-
fied as unjustified, unsupported, questioned, or 
unreasonable and the percentage of their total 
value of the contract, task or delivery order, or 
subcontract. 
(C) A list of audits or other reports issued 
during the applicable quarter that identify sig-
nificant or substantial deficiencies in the per-
formance of any contractor or in any business 
system of any contractor under any contract, 
task or delivery order, or subcontract. 
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(2) The report described in paragraph (1) shall 
be submitted to the Committee on Oversight and 
Government Reform of the House of Representa-
tives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committees 
on Appropriations of the House of Representatives 
and the Senate, and other committees of jurisdic-
tion. 
(3) Paragraph (1) shall not apply to an agency 
or department with respect to a calendar quarter if 
no audits or other reports described in paragraph 
(1) were issued during that quarter. 
(b) SUBMISSION OF INDIVIDUAL AUDITS.—The head 
of each Federal agency or department shall provide, within 
14 days after a request in writing by the chairman or 
ranking member of any of the committees described in 
subsection (a)(2), a full and unredacted copy of any audit 
or other report described in subsection (a)(1). 
SEC. 203. FUNDING CONTRACT OVERSIGHT. 
(a) CIVILIAN AGENCY CONTRACTS.—Title III of the 
Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 251 et seq.) is amended by adding at the end 
the following new section: 
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‘‘SEC. 318. REQUIREMENT FOR 1 PERCENT OF CONTRACT 
AMOUNTS TO BE USED FOR CONTRACT PER-
SONNEL, ADMINISTRATION, OVERSIGHT, AND 
PLANNING. 
‘‘In addition to the sums used for the purposes listed 
in this section as of the date of the enactment of this sec-
tion, each fiscal year, the head of an executive agency shall 
ensure that the agency uses an additional amount equal 
to 1 percent of the aggregate amount of contracts entered 
into by the agency during that fiscal year for the following 
purposes: 
‘‘(1) Hiring and training of acquisition work-
force personnel. 
‘‘(2) Contract planning. 
‘‘(3) Contract administration and oversight. 
‘‘(4) Contract audits and enforcement.’’. 
(b) DEFENSE CONTRACTS.—Chapter 141 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 2410p. Requirement for 1 percent of contract 
amounts to be used for contract per-
sonnel, administration, oversight, and 
planning 
‘‘In addition to the sums used for the purposes listed 
in this section as of the date of the enactment of this sec-
tion, each fiscal year, the head of an agency (as defined 
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