I 
108TH CONGRESS 
1ST SESSION H. R. 3275
To require transparency, increased competition in contracting, and the 
increased use of Iraqi contractors in Iraq. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2003
Mrs. MALONEY (for herself, Mr. WAXMAN, and Mr. HINCHEY) introduced the 
following bill; which was referred to the Committee on Government Reform 
A BILL 
To require transparency, increased competition in con-
tracting, and the increased use of Iraqi contractors in 
Iraq.
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 ‘‘Clean Contracting in 
Iraq Act of 2003’’. 
SEC. 2. TRANSPARENCY IN CONTRACTING: NOTIFICATION 
TO CONGRESS. 
(a) NOTIFICATION TO CONGRESS.—(1) The head of 
an executive agency that enters into a contract, or task 
or delivery order under a task or delivery order contract,
in excess of $1,000,000 relating to activities in Iraq shall, 
within 7 days after entering into the contract or order, 
notify the chairman and ranking member of the commit-
tees described in subsection (b) that the contract or order 
has been entered into. 
(2) Upon request of the chairman or ranking member 
of a committee described in subsection (b), the head of 
an executive agency shall provide, within 14 days after re-
ceipt of the request, unredacted copies of any documents 
required to be maintained in the contracting office con-
tract file, the contract administration office contract file, 
and the paying office contract file pursuant to subpart 4.8 
of the Federal Acquisition Regulation, including—
(A) copies of the contract and all modifications; 
(B) orders issued under the contract; 
(C) justifications and approvals; 
(D) any government estimate of contract price; 
(E) source selection documentation; 
(F) cost or price analysis; 
(G) audit reports; 
(H) justification for type of contract; 
(I) authority for deviations from regulations, 
statutory requirements, or other restrictions; 
(J) bills, invoices, vouchers, and supporting doc-
uments; and
(K) records of payments or receipts. 
(b) COMMITTEES.—The committees referred to in 
subsection (a) are the following: 
(1) The Committee on Governmental Affairs of 
the Senate and the Committee on Government Re-
form of the House of Representatives. 
(2) The Committees on Appropriations of the 
Senate and House of Representatives. 
(3) Each committee that the head of the execu-
tive agency determines has legislative jurisdiction for 
the operations of the department or agency to which 
the contract, task or delivery order, or documents 
referred to in paragraph (1) or (2) of subsection (a) 
relates. 
SEC. 3. COMPETITION IN CONTRACTING FOR THE RECON-
STRUCTION OF INFRASTRUCTURE IN IRAQ. 
(a) REQUIREMENTS
FOR COMPETITION.—Notwith-
standing any other provision of law, and subject to sub-
section (b), none of the funds appropriated by this Act 
to carry out sections 103 through 106 and chapter 4 of 
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151b–2151d; 2346 et seq.) that are made available for 
assistance for Iraq may be used—
(1) to enter into any Federal contract (includ-
ing any follow-on contract) through the use of proce-
dures other than competitive procedures (as defined 
in section 4(5) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(5)); or 
(2) for a task or delivery order in excess of 
$1,000,000 issued under a task or delivery order 
contract unless such contract was awarded to two or 
more contractors, and such contractors have a fair 
opportunity to be considered for the task or delivery 
order. 
(b) LIMITATIONS.—(1) Subsection (a)(1) shall not 
apply in the case of a contract for which the Director of 
the Office of Management and Budget approves the use 
of procedures other than competitive procedures by reason 
of the application of paragraph (1), (2), (3), (4), (5), (6), 
or (7) under section 303(c) of title III of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 253(c)). 
(2) Subsection (a)(2) shall not apply in the case of 
a task or delivery order contract for which the head of 
the executive agency concerned approves the application 
of paragraph (1), (2), (3) or (4) of section 303J(b) of title 
III of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253j(b)) to such contract. 
(c) APPLICABILITY.—This section shall not apply to 
contracts entered into before October 1, 2003.
SEC. 4. IRAQI INVOLVEMENT. 
(a) PLAN.—The head of each executive agency enter-
ing into a contract relating to activities in Iraq shall de-
velop a plan for minimizing costs to the Federal Govern-
ment through the use of Iraqi firms. 
(b) COMPONENTS OF PLAN.—(1) The plan shall re-
quire the head of each executive agency to assess, before 
entering into a contract relating to activities in Iraq, 
whether the use of Iraqi firms to carry out the contract 
could reduce the costs of such contract to the Federal Gov-
ernment. 
(2) The plan may provide for the waiver of otherwise 
applicable Federal procurement laws or regulations with 
respect to the contract if the head of the executive agency 
determines that such laws or regulations impede the abil-
ity of the executive agency to reduce the costs of such con-
tract to the Federal Government through the use of Iraqi 
firms. 
(3) The plan shall ensure that all contracts with re-
spect to which laws or regulations are waived pursuant 
to paragraph (2) are entered into using contracting proce-
dures that are open, fair, accountable, and, to the max-
imum extent practicable, competitive. 
SEC. 5. LEGAL STATUS OF COALITION PROVISIONAL AU-
THORITY FOR IRAQ. 
In this section: