825 
(A) $8,150,000 shall remain available until 
expended for capital improvements at the 
United States Merchant Marine Academy, and 
(B) $8,306,000 shall remain available until 
expended for maintenance and repair of school 
ships of the State Maritime Academies. 
(2) For expenses to maintain and preserve a 
United States-flag merchant fleet to serve the na-
tional security needs of the United States under 
chapter 531 of title 46, Unites States Code, 
$193,500,000, of which $19,500,000 will be avail-
able for costs associated with the maintenance reim-
bursement pilot program under section 3517 of the 
Maritime Security Act of 2003 (46 U.S.C 53101 
note). 
(3) For assistance to small shipyards and mari-
time communities under section 54101 of title 46, 
United States Code, $25,000,000. 
(4) For expenses to dispose of obsolete vessels 
in the National Defense Reserve Fleet, $18,000,000. 
(5) For the cost (as defined in section 502(5) 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5)) of loan guarantees under the program au-
thorized by chapter 537 of title 46, United States 
Code, $30,000,000.
826 
(6) For administrative expenses related to the 
implementation of the loan guarantee program 
under chapter 537 of title 46, United States Code, 
administrative expenses related to implementation of 
the reimbursement program under section 3517 of 
the Maritime Security Act of 2003 (46 U.S.C. 
53101 note), and administrative expenses related to 
the implementation of the small shipyards and mari-
time communities assistance program under section 
54101 of title 46, United States Code, $3,531,000. 
SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY 
THE GOVERNMENT OF THE UNITED STATES 
FOR THE PURPOSE OF DISMANTLING, RECY-
CLING, OR SCRAPPING. 
(a) IN GENERAL.—Except as provided in subsection 
(b), no vessel that is owned by the Government of the 
United States shall be approved for export to a foreign 
country for purposes of dismantling, recycling, or scrap-
ping. 
(b) EXCEPTION.—Subsection (a) shall not apply with 
respect to a vessel if the Administer of the Maritime Ad-
ministration certifies that— 
(1) a compelling need for dismantling, recy-
cling, or scrapping the vessel exists;
827 
(2) there is no available capacity in the United 
States to conduct the dismantling, recycling, or 
scrapping of the vessel; 
(3) any dismantling, recycling, or scrapping of 
the vessel in a foreign country will be conducted in 
full compliance with environmental, safety, labor, 
and health requirements for ship dismantling, recy-
cling, or scrapping that are equivalent to the laws of 
the United States; and 
(4) the export of the vessel under this section 
will only be for dismantling, recycling, or scrapping 
of the vessel. 
(c) CERTIFICATION.—The certification required in 
subsection (b) must be provided to the Committee on 
Armed Services of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate at least 90 days before any vessel is approved 
for transport to a foreign country for purposes of disman-
tling, recycling, or scrapping. 
(d) UNITED STATES DEFINED.—In this section the 
term ‘‘United States’’ means the States of the United 
States, Puerto Rico, and Guam. 
SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS. 
Section 51509(b) of title 46, United States Code, is 
amended—
828 
(1) 
by 
striking 
‘‘$4,000’’ 
and 
inserting 
‘‘$8,000’’; 
(2) by inserting ‘‘tuition,’’ after ‘‘uniforms,’’; 
and 
(3) by inserting ‘‘before the start of each aca-
demic year’’ after ‘‘and be paid’’. 
SEC. 3504. RIDING GANG MEMBER REQUIREMENTS. 
Section 1018 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2380) is amended to read as follows: 
‘‘SEC. 1018. RIDING GANG MEMBER REQUIREMENTS. 
‘‘(a) IN GENERAL.—The Secretary of Defense may 
not award, renew, extend, or exercise an option to extend 
any charter of a vessel documented under chapter 121 of 
title 46, United States Code, for the Department of De-
fense, or any contract for the carriage of cargo by a vessel 
documented under that chapter for the Department of De-
fense, unless the charter or contract, respectively, includes 
provisions that— 
‘‘(1) subject to paragraph (2), allow riding gang 
members to perform work on the vessel during the 
effective period of the charter or contract only under 
terms, conditions, restrictions, and requirements as 
provided in section 8106 of title 46, United States 
Code; and
829 
‘‘(2) require that riding gang members hold a 
merchant mariner’s document issued under chapter 
73 of title 46, United States Code, or a transpor-
tation security card issued under section 70105 of 
such title. 
‘‘(b) EXEMPTION.— 
‘‘(1) IN GENERAL.—In accordance with regula-
tions issued by the Secretary of Defense, an indi-
vidual shall not be treated as a riding gang member 
for the purposes of section 8106 of title 46, United 
States Code, and this section if— 
‘‘(A) the individual is aboard a vessel that 
is under charter or contract for the carriage of 
cargo for the Department of Defense, for pur-
poses other than engaging in the operation or 
maintenance of the vessel; and 
‘‘(B) the individual— 
‘‘(i) accompanies, supervises, guards, 
or maintains unit equipment aboard a 
ship, commonly referred to as supercargo 
personnel; 
‘‘(ii) is one of the force protection per-
sonnel of the vessel; 
‘‘(iii) is a specialized repair techni-
cian; or
830 
‘‘(iv) is otherwise required by the Sec-
retary of Defense to be aboard the vessel. 
‘‘(2) BACKGROUND CHECK.— 
‘‘(A) IN GENERAL.—This section shall not 
apply to an individual unless— 
‘‘(i) the name and other necessary 
identifying information for the individual is 
submitted to the Secretary for a back-
ground check; and 
‘‘(ii) except as provided in subpara-
graph (B), the individual successfully 
passes a background check by the Sec-
retary prior to going aboard the vessel. 
‘‘(B) WAIVER.—The Secretary may waive 
the application of subparagraph (A)(ii) for an 
individual who holds a merchant mariner’s doc-
ument issued under chapter 73 of title 46, 
United States Code, or a transportation secu-
rity card issued under section 70105 of such 
title. 
‘‘(3) EXEMPTED INDIVIDUAL NOT TREATED AS 
IN ADDITION TO THE CREW.—An individual who, 
under paragraph (1), is not treated as a riding gang 
member shall not be counted as an individual in ad-
831 
dition to the crew for the purposes of section 3304 
of title 46, United States Code.’’. 
SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT 
PROGRAM FOR THE MARITIME SECURITY 
FLEET. 
Section 3517(a) of the Maritime Security Act of 2003 
(46 U.S.C. 53101 note; as amended by section 3503 of 
the National Defense Authorization Act for Fiscal Year 
2006 (119 Stat. 3548)) is amended by adding at the end 
the following: 
‘‘(3) EXISTING OPERATING AGREEMENTS.—The 
Secretary of Transportation shall, subject to the 
availability of appropriations, seek to enter into an 
agreement under this section with one or more con-
tractors under an operating agreement under that 
chapter that is in effect on the date of the enact-
ment of this paragraph, regarding maintenance and 
repair of all vessels that are subject to the operating 
agreement.’’. 
SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CON-
TRACTS WITH ADJUNCT PROFESSORS AT THE 
UNITED STATES MERCHANT MARINE ACAD-
EMY. 
(a) IN GENERAL.—The Maritime Administrator may 
establish a temporary program for the purpose of, subject
832 
to the availability of appropriations, contracting with indi-
viduals as personal services contractors to provide services 
as adjunct professors at the Academy, if the Maritime Ad-
ministrator determines that there is a need for adjunct 
professors and the need is not of permanent duration. 
(b) CONTRACT
REQUIREMENTS.—Each contract 
under the program— 
(1) must be approved by the Maritime Adminis-
trator; 
(2) subject to paragraph (3), shall be for a du-
ration, including options, of not to exceed one year 
unless the Maritime Administrator finds that excep-
tional circumstances justify an extension of up to 
one additional year; and 
(3) shall terminate not later than 6 months 
after the termination of contract authority under 
subsection (d). 
(c) LIMITATION ON NUMBER OF CONTRACTORS.—In 
awarding contacts under the program, the Maritime Ad-
ministrator shall ensure that not more than 25 individuals 
actively provide services in any one academic trimester, 
or equivalent, as contractors under the program. 
(d) TERMINATION OF CONTRACTING AUTHORITY.— 
The authority to award contracts under the program shall 
terminate upon the expiration of December 31, 2009.
833 
(e) EXISTING CONTRACTS.—Any contract entered 
into before the effective date of this section for the services 
of an adjunct professor at the Academy shall remain in 
effect for the trimester (or trimesters) for which the serv-
ices were contracted. 
(f) DEFINITIONS.—In this section: 
(1) ACADEMY.—The term ‘‘Academy’’ means 
the United States Merchant Marine Academy. 
(2) MARITIME
ADMINISTRATOR.—The term 
‘‘Maritime Administrator’’ means the Administrator 
of the Maritime Administration, or a designee of the 
Administrator. 
(3) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (a). 
DIVISION D—GOVERNMENTWIDE 
ACQUISITION IMPROVEMENTS 
Sec. 4001. Short title. 
TITLE XLI—ENHANCED COMPETITION 
Sec. 4101. Minimizing sole-source contracts. 
Sec. 4102. Limitation on length of certain noncompetitive contracts. 
Sec. 4103. Requirement for purchase of property and services pursuant to mul-
tiple award contracts. 
TITLE XLII—CURBING ABUSE-PRONE CONTRACTS 
Sec. 4201. Regulations to minimize the inappropriate use of cost-reimburse-
ment contracts. 
Sec. 4202. Preventing abuse of interagency contracts. 
Sec. 4203. Prohibitions on the use of lead systems integrators. 
Sec. 4204. Regulations on excessive pass-through charges. 
Sec. 4205. Linking of award and incentive fees to acquisition outcomes. 
Sec. 4206. Minimizing abuse of commercial services item authority. 
TITLE XLIII—ACQUISITION WORKFORCE
834 
Sec. 4301. Acquisition workforce development fund. 
Sec. 4302. Contingency contracting corps. 
TITLE XLIV—ANTI-FRAUD PROVISIONS 
Sec. 4401. Protection for contractor employees from reprisal for disclosure of 
certain information. 
Sec. 4402. Mandatory Fraud Reporting. 
Sec. 4403. Access of General Accounting Office to Contractor Employees. 
Sec. 4404. Preventing conflicts of interest. 
TITLE XLV—ENHANCED CONTRACT TRANSPARENCY 
Sec. 4501. Disclosure of CEO salaries. 
Sec. 4502. Database for contracting officers and suspension and debarment of-
ficials. 
Sec. 4503. Review of database. 
Sec. 4504. Disclosure in applications. 
Sec. 4505. Role of interagency committee. 
Sec. 4506. Authorization of independent agencies. 
Sec. 4507. Authorization of appropriations. 
Sec. 4508. Report to Congress. 
Sec. 4509. Improvements to the Federal procurement data system. 
Sec. 4510. Protection of child custody arrangements for parents who are mem-
bers of the armed forces deployed in support of a contingency 
operation. 
SEC. 4001. SHORT TITLE. 
This division may be cited as the ‘‘Clean Contracting 
Act of 2008’’. 
TITLE XLI—ENHANCED 
COMPETITION 
SEC. 4101. 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
835 
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 
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 con-
tracts entered into under the authority of the Small Busi-
836 
ness Act shall not be included in the plans developed and 
implemented under subsection (a), except contracts that 
are awarded pursuant to section 602 of Public Law 100– 
656 (as amended by section 22 of Public Law 101–37 
(103 Stat. 75), section 2 of title V of Public Law 101– 
515 (104 Stat. 2140), section 205 of Public Law 101– 
574 (104 Stat. 2819), and section 608 of Public Law 103– 
403 (108 Stat. 4204)). 
SEC. 4102. LIMITATION ON LENGTH OF CERTAIN NON-
COMPETITIVE CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.—Section 303(d) 
of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253(d)) is amended by adding at the 
end the following new paragraph: 
‘‘(3)(A) The contract period of a contract de-
scribed in subparagraph (B) that is entered into by 
an executive agency pursuant to the authority pro-
vided under subsection (c)(2)— 
‘‘(i) may not exceed the time necessary— 
‘‘(I) to meet the unusual and compel-
ling requirements of the work to be per-
formed under the contract; and 
‘‘(II) for the executive agency to enter 
into another contract for the required
837 
goods or services through the use of com-
petitive procedures; and 
‘‘(ii) may not exceed 270 days unless the 
head of the executive agency entering into such 
contract 
determines 
that 
exceptional 
cir-
cumstances apply. 
‘‘(B) This paragraph applies to any contract in 
an amount greater than $1,000,000.’’. 
(b) DEFENSE CONTRACTS.—Section 2304(d) of title 
10, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(3)(A) The contract period of a contract de-
scribed in subparagraph (B) that is entered into by 
an agency pursuant to the authority provided under 
subsection (c)(2)— 
‘‘(i) may not exceed the time necessary— 
‘‘(I) to meet the unusual and compel-
ling requirements of the work to be per-
formed under the contract; and 
‘‘(II) for the agency to enter into an-
other contract for the required goods or 
services through the use of competitive 
procedures; and 
‘‘(ii) may not exceed 270 days unless the 
head of the agency entering into such contract
838 
determines 
that 
exceptional 
circumstances 
apply. 
‘‘(B) This paragraph applies to any contract in 
an amount greater than $1,000,000.’’. 
SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY 
AND SERVICES PURSUANT TO MULTIPLE 
AWARD CONTRACTS. 
(a) REGULATIONS REQUIRED.—Not later than 12 
months after the date of the enactment of this Act, the 
Federal Acquisition Regulation shall be amended to re-
quire enhanced competition in the purchase of property 
and services by all executive agencies pursuant to multiple 
award contracts. 
(b) CONTENT OF REGULATIONS.— 
(1) IN GENERAL.—The regulations required by 
subsection (a) shall provide, at a minimum, that 
each individual purchase of property or services in 
excess of the simplified acquisition threshold that is 
made under a multiple award contract shall be made 
on a competitive basis unless a contracting officer— 
(A) waives the requirement on the basis of 
a determination that— 
(i) one of the circumstances described 
in paragraphs (1) through (4) of section 
303J(b) of the Federal Property and Ad-
839 
ministrative Services Act of 1949 (41 
U.S.C. 253j(b)) or section 2304c(b) of title 
10, United States Code, applies to such in-
dividual purchase; or 
(ii) a law expressly authorizes or re-
quires that the purchase be made from a 
specified source; and 
(B) justifies the determination in writing. 
(2) COMPETITIVE
BASIS
PROCEDURES.—For 
purposes of this subsection, an individual purchase 
of property or services is made on a competitive 
basis only if it is made pursuant to procedures 
that— 
(A) except as provided in paragraph (3), 
require fair notice of the intent to make that 
purchase (including a description of the work to 
be performed and the basis on which the selec-
tion will be made) to be provided to all contrac-
tors offering such property or services under 
the multiple award contract; and 
(B) afford all contractors responding to 
the notice a fair opportunity to make an offer 
and have that offer fairly considered by the offi-
cial making the purchase. 
(3) EXCEPTION TO NOTICE REQUIREMENT.—
840 
(A) IN GENERAL.—Notwithstanding para-
graph (2), and subject to subparagraph (B), no-
tice may be provided to fewer than all contrac-
tors offering such property or services under a 
multiple award contract as described in sub-
section (d)(2) if notice is provided to as many 
contractors as practicable. 
(B) LIMITATION ON EXCEPTION.—A pur-
chase may not be made pursuant to a notice 
that is provided to fewer than all contractors 
under subparagraph (A) unless— 
(i) offers were received from at least 
3 qualified contractors; or 
(ii) a contracting officer of the execu-
tive agency determines in writing that no 
additional qualified contractors were able 
to be identified despite reasonable efforts 
to do so. 
(c) PUBLIC NOTICE REQUIREMENTS RELATED TO 
SOLE SOURCE TASK OR DELIVERY ORDERS.—Not later 
than 12 months after the date of the enactment of this 
Act, the Federal Acquisition Regulation shall be amended 
to require the head of each executive agency to publish 
on—
841 
(1) FedBizOpps notice of all sole source task or 
delivery orders in excess of the simplified acquisition 
threshold that are placed against multiple award 
contracts not later than 14 days after such orders 
are placed, except in the event of extraordinary cir-
cumstances or classified orders; and 
(2) the website of the agency and through a 
Governmentwide website selected by the Adminis-
trator for Federal Procurement Policy the deter-
minations required by (b)(1)(B) related to sole 
source task or delivery orders placed against mul-
tiple award contracts not later than 14 days after 
such orders are placed, except in the event of ex-
traordinary circumstances or classified orders. 
(3) This subsection does not require the public 
availability of information that is exempt from public 
disclosure under section 552(b) of title 5, United 
States Code. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘individual purchase’’ means a 
task order, delivery order, or other purchase. 
(2) The term ‘‘multiple award contract’’ 
means— 
(A) a contract that is entered into by the 
Administrator of General Services under the
842 
multiple award schedule program referred to in 
section 2302(2)(C) of title 10, United States 
Code; 
(B) a multiple award task order contract 
that is entered into under the authority of sec-
tions 2304a through 2304d of title 10, United 
States Code, or sections 303H through 303K of 
the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253h through 
253k); and 
(C) any other indefinite delivery, indefinite 
quantity contract that is entered into by the 
head of an executive agency with 2 or more 
sources pursuant to the same solicitation. 
(3) The term ‘‘sole source task or delivery 
order’’ means any order that does not follow the 
competitive base procedures in paragraphs (b)(2) or 
(b)(3). 
(e) APPLICABILITY.—The regulations required by 
subsection (a) shall apply to all individual purchases of 
property or services that are made under multiple award 
contracts on or after such effective date, without regard 
to whether the multiple award contracts were entered into 
before, on, or after such effective date.
846 
Committee on Oversight and Government Reform of the 
House of Representatives; the Committee on Homeland 
Security and Governmental Affairs of the Senate; the 
Committees on Appropriations of the House of Represent-
atives and the Senate; and, in the case of the Department 
of Defense and the Department of Energy, the Commit-
tees on Armed Services of the Senate and the House of 
Representatives. 
(f) REQUIREMENTS LIMITED
TO CERTAIN AGEN-
CIES.—The requirements of subsections (b) and (d) shall 
apply only to those agencies that awarded contracts and 
issued orders in a total amount of at least $1,000,000,000 
in the fiscal year proceeding the fiscal year in which the 
assessments and reports are submitted. 
SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CON-
TRACTS. 
(a) OFFICE OF MANAGEMENT AND BUDGET POLICY 
GUIDANCE.— 
(1) REPORT AND GUIDELINES.—Not later than 
one year after the date of the enactment of this Act, 
the Director of the Office of Management and Budg-
et shall— 
(A) submit to Congress a comprehensive 
report on interagency acquisitions, including
847 
their frequency of use, management controls, 
cost-effectiveness, and savings generated; and 
(B) issue guidelines to assist the heads of 
executive agencies in improving the manage-
ment of interagency acquisitions. 
(2) MATTERS COVERED BY GUIDELINES.—For 
purposes of paragraph (1)(B), the Director shall in-
clude guidelines on the following matters: 
(A) Procedures for the use of interagency 
acquisitions to maximize competition, deliver 
best value to executive agencies, and minimize 
waste, fraud, and abuse. 
(B) Categories of contracting inappropriate 
for interagency acquisition, due to high risk of 
waste, fraud, or abuse. 
(C) Requirements for training acquisition 
workforce personnel in the proper use of inter-
agency acquisitions. 
(b) REGULATIONS REQUIRED.—Not later than one 
year after the date of the enactment of this Act, the Fed-
eral Acquisition Regulation shall be revised to require that 
all interagency acquisitions— 
(1) include a written agreement between the re-
questing agency and the servicing agency assigning
848 
responsibility for the administration and manage-
ment of the contract; 
(2) include a determination that an interagency 
acquisition is the best procurement alternative; and 
(3) include sufficient documentation to ensure 
an adequate audit. 
(c) AGENCY REPORTING REQUIREMENT.—The senior 
procurement executive for each executive agency shall, as 
directed by the Director of the Office of Management and 
Budget, submit to the Director annual reports on the ac-
tions taken by the executive agency pursuant to the guide-
lines issued under subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘executive agency’’ has the mean-
ing given such term in section 4(1) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(1)). 
(2) The term ‘‘head of 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. 
(3) The term ‘‘interagency acquisition’’ means 
a procedure by which an executive agency needing 
supplies or services (the requesting agency) obtains 
them from another executive agency (the servicing 
agency). The term includes acquisitions under sec-
849 
tion 1535 of title 31, United States Code (commonly 
referred to as the ‘‘Economy Act’’, Federal Supply 
Schedules above $500,000, and Governmentwide ac-
quisition contracts. 
SEC. 4203. PROHIBITIONS ON THE USE OF LEAD SYSTEMS 
INTEGRATORS. 
(a) PROHIBITION ON NEW LEAD SYSTEMS INTEGRA-
TORS.—(1) Effective October 1, 2010, the head of an ex-
ecutive agency may not award a new contract for lead sys-
tems integrator functions in the acquisition of a major sys-
tem. 
(2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS 
BEYOND DEMONSTRATION LEVEL PHASE.—Effective on 
the date of the enactment of this Act, an executive agency 
may award a new contract for lead systems integrator 
functions in the acquisition of a major system only if— 
(A) the contract for the major system does not 
proceed beyond the demonstration phase-level; or 
(B) the head of the agency determines in writ-
ing that it would not be practicable to carry out ac-
quisition without continuing to use a contractor to 
perform lead systems integrator functions and that 
doing so is in the best interest of the agency. 
(3) REQUIREMENTS
RELATING
TO
DETERMINA-
TIONS.—A determination under paragraph (2)(A)—
850 
(A) shall specify the reasons why it would not 
be practicable to carry out the acquisition continuing 
to use a contractor to perform lead integrator func-
tions (including a discussion of alternatives, such as 
the use of the agency workforce, or a system engi-
neering and technical assistance contractor); 
(B) shall include a plan for phasing out the use 
of contracted lead systems integrator functions over 
the shortest period of time consistent with the inter-
est of the government; 
(C) may not be delegated below the level of the 
Chief Acquisition Officer; and 
(D) shall be provided to the Committee on 
Oversight and Government Reform in the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs in the Senate at 
least 45 days before the award of a contract pursu-
ant to the determination. 
(b) ACQUISITION WORKFORCE.— 
(1) REQUIREMENT.—The head of an executive 
agency shall ensure that the acquisition workforce is 
of the appropriate size and skill level necessary— 
(A) to accomplish inherently governmental 
functions related to acquisition of major sys-
tems; and
851 
(B) to effectuate the purpose of subsection 
(a) to minimize and eventually eliminate the use 
of contractors to perform lead systems inte-
grator functions. 
(2) REPORT.—The head of the agency shall an-
nually include an update on the progress made in 
complying with paragraph (1) in the agency’s Per-
formance and Accountability Report. 
(c) EXCEPTION FOR CONTRACTS FOR OTHER MAN-
AGEMENT SERVICES.—The head of an executive agency 
may continue to award contracts for the procurement of 
services the primary purpose of which is to perform acqui-
sition support functions with respect to the development 
or production of a major system, if the following condi-
tions are met with respect to each such contract: 
(1) The contract prohibits the contractor from 
performing inherently governmental functions. 
(2) The head of the agency responsible for the 
development or production of the major system en-
sures that Federal employees are responsible for de-
termining courses of action to be taken in the best 
interest of the government. 
(3) The contract requires that the prime con-
tractor for the contract may not advise or rec-
ommend the award of a contract or subcontract for