Accountability in Contracting Act

Bill: 110-hr-1362
Sponsor: Rep. Waxman, Henry A. [D-CA-30]
Introduced: 2007-03-06 in the House
Policy area: Government Operations and Politics
Subjects: Armed Forces and National Security
Auditing
Colleges
Competitive bidding
Conflict of interests
Congress
Congress and foreign policy
Congressional investigations
Congressional oversight
Congressional reporting requirements
Cost plus contracts
Defense contracts
Economics and Public Finance
Employee training
Families
Federal employees
Federal officials
Foreign Trade and International Finance
Foreign corporations
Government contractors
Government ethics
Government procurement
Government publicity
Governmental investigations
Higher education
International Affairs
Labor and Employment
Lawyers
Lobbying
Misconduct in office
Recruiting and enlistment
Research and development facilities
Research centers
Science, Technology, Communications
State-sponsored terrorism
Sunset legislation

Summary:
action_date: 2007-03-06
text: 
Accountability in Contracting Act - Requires the revision of the Federal Acquisition Regulation (FAR) to restrict the period of specified noncompetitive federal contracts to the minimum period necessary to: (1) meet the urgent and compelling requirements of the work to be performed; and (2) enter into another contract for the required goods and services using competitive procedures. 
 
 Amends the Federal Property and Administrative Services Act of 1949 to require specified executive agency heads to develop and implement plans to minimize the use of: (1) noncompetitive contracts; and (2) cost-reimbursement type contracts. Requires agencies to make justification and approval documents for noncompetitive contracts, including defense agency contracts, publicly available.
 
Requires agencies to submit quarterly reports on unjustified contractor costs and audits identifying deficiencies in contractor performance.
 
Requires 1% of the amount of contracts awarded by an agency to be used for contract personnel, planning, administration, and oversight.
 

 
Amends the Office of Federal Procurement Policy Act to: (1) extend the period following federal employment, and add to the roles or circumstances, for which a former federal contracting official is prohibited from accepting compensation from a contractor; (2) require federal procurement officers to disclose contacts of relatives by contractors regarding non-federal employment; and (3) prohibit a federal government employee who is a former employee of a government contractor from being involved with the award or administration of that contract for two-years after being employed by that contractor.

action_date: 2007-03-15
text: 
Accountability in Contracting Act -
 Title I: Improving the Quality of Contracts - 
(Sec. 101) Requires the revision of the Federal Acquisition Regulation (FAR) within one year after the enactment of this Act to restrict the contract period of certain noncompetitive federal contracts in excess of $1 million to the minimum contract period necessary to: (1) meet the urgent and compelling requirements of the work to be performed under such contract; and (2) enter into another contract through the use of competitive procedures. Requires FAR to limit noncompetitive contract periods to not more than one year unless the head of the executive agency concerned determines that the government would be seriously injured by the limitation on the contract period. 

(Sec. 102) Requires certain executive agency heads (including the Under Secretary of Defense for Acquisition, Technology, and Logistics) who award contracts in a total amount of at least $1 billion to develop and implement plans to minimize the use of noncompetitive contracts. Requires such plans to contain measurable goals and to be submitted to specified oversight and other committees of Congress and the Comptroller General. Requires the Comptroller General to review and report to Congress on such plans. Exempts certain contracts entered into under the Small Business Act and other small business programs for HUBZone small business concerns and disabled veterans.

(Sec. 103) Requires certain executive agency heads (including the Under Secretary of Defense for Acquisition, Technology, and Logistics) who award contracts in a total amount of at least $1 billion to develop and implement plans to maximize the use of fixed-price type contracts for the procurement of goods and services. Requires such plans to contain measurable goals and to be submitted to specified oversight and other committees of Congress and the Comptroller General. Requires the Comptroller General to review and report to Congress on such plans. 

Title II: Increasing Contract Oversight - 
(Sec. 201) Amends the Federal Property and Administrative Services Act of 1949 to require executive agency heads (including Defense Department agency heads) to make publicly available (on the website of the agency and through the Federal Procurement Data System) certain justification and approval documents for using noncompetitive contract procedures within 14 days after the award of a contract. Requires public disclosure of such documents for contracts awarded on the basis of urgent and compelling needs within 30 days of a contract award. 

(Sec. 202) Requires the head of each federal agency and the Under Secretary of Defense for Acquisition, Technology, and Logistics to submit to specified congressional committees quarterly reports on audits of contractor costs and performance.

(Sec. 203) Requires the Administrator for Federal Procurement Policy to: (1) conduct a study of the composition, scope, and functions of the government-wide acquisition workforce and develop a comprehensive definition of such workforce; and (2) report to specified congressional committees on such study with recommendations.

(Sec. 204) Makes permanent the authority for the acquisition workforce training fund.

(Sec. 205) Requires a federal agency that intends to award a noncompetitive contract to a foreign-owned company based in a country that has repeatedly provided support for acts of international terrorism to notify specified congressional committees at least 30 days before awarding such contract.

(Sec. 206) Prohibits an executive agency from awarding a contract to an institution of higher education that has a policy or practice that prohibits or prevents access to its students for the purpose of military recruiting. Exempts educational institutions that have a longstanding policy of pacifism based on historical religious affiliation.

Title III: Promoting Integrity in Contracting - 
(Sec. 301) Amends the Office of Federal Procurement Policy Act to: (1) prohibit former federal officials from accepting compensation from contractors as lawyers or lobbyists; (2) allow former federal officials to accept compensation from any division or affiliate of a contractor that does not produce the same or similar products or services if a designated ethics officer determines that the acceptance of such compensation would not damage public confidence in the integrity of the procurement process; (3) require federal procurement officers to disclose job offers made to their relatives; (4) prohibit federal employees who are former employees of a federal contractor from being personally and substantially involved with any award of a contract to their former employer, or in the administration of such contract at a senior personnel level, for one year after the federal employee leaves the employment of the contractor unless a waiver is granted; and (5) require the Administrator of the Office of Federal Procurement Policy to promulgate regulations to enforce these requirements and monitor and investigate individual and agency compliance.

(Sec. 302) Requires the Director of the Office of Government Ethics to submit a report to Congress, , with the Director's recommendations, on requiring government contractors that advise federal agencies on procurement policy and federally funded research and development centers to comply with restrictions on personal financial interests.


Legislative actions:
action_date: 2007-03-15
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2007-03-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-03-15
text: On passage Passed by recorded vote: 347 - 73 (Roll no. 156).
action_date: 2007-03-15
text: Passed/agreed to in House: On passage Passed by recorded vote: 347 - 73 (Roll no. 156).
action_date: 2007-03-15
text: On motion to recommit with instructions Agreed to by the Yeas and Nays: 309 - 114 (Roll no. 155).
action_date: 2007-03-15
text: The previous question on the motion was ordered pursuant to the rule. (consideration: CR H2596)
action_date: 2007-03-15
text: DEBATE - The House proceeded with 10 minutes of debate on the Tom Davis (VA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment inserting prohibition on contracts to educational institutions not supporting U.S. defense efforts.
action_date: 2007-03-15
text: Mr. Davis, Tom moved to recommit with instructions to Oversight and Government. (consideration: CR H2595-2597; text: CR H2595)
action_date: 2007-03-15
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2007-03-15
text: The previous question was ordered pursuant to the rule. (consideration: CR H2595)
action_date: 2007-03-15
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1362.
action_date: 2007-03-15
text: DEBATE - Pursuant to the provisions of H. Res. 242, the Committee of the Whole proceeded with 10 minutes of debate on the Castle amendment.
action_date: 2007-03-15
text: DEBATE - Pursuant to the provisions of H. Res. 242, the Committee of the Whole proceeded with 10 minutes of debate on the Matheson amendment.
action_date: 2007-03-15
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour and twenty minutes of general debate on H.R. 1362.
action_date: 2007-03-15
text: The Speaker designated the Honorable Hilda L. Solis to act as Chairwoman of the Committee.
action_date: 2007-03-15
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 242 and Rule XVIII.
action_date: 2007-03-15
text: Rule provides for consideration of H.R. 1362 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. In lieu of the amendments recommended by the Committee on Oversight and Government Reform and the Committee on Armed Services now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution. All points of order against that amendment in the nature of a substitute are waived except those arising under clauses 9 or 10 or rule XXI.
action_date: 2007-03-15
text: Considered under the provisions of rule H. Res. 242. (consideration: CR H2578-2597; text of measure as reported in House: CR H2590-2592)
action_date: 2007-03-15
text: Rule H. Res. 242 passed House.
action_date: 2007-03-14
text: Rules Committee Resolution H. Res. 242 Reported to House. Rule provides for consideration of H.R. 1362 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. In lieu of the amendments recommended by the Committee on Oversight and Government Reform and the Committee on Armed Services now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution. All points of order against that amendment in the nature of a substitute are waived except those arising under clauses 9 or 10 or rule XXI.
action_date: 2007-03-14
text: Placed on the Union Calendar, Calendar No. 22.
action_date: 2007-03-14
text: Reported (Amended) by the Committee on Armed Services. H. Rept. 110-47, Part II.
action_date: 2007-03-14
text: Reported (Amended) by the Committee on Armed Services. H. Rept. 110-47, Part II.
action_date: 2007-03-13
text: Ordered to be Reported (Amended) by the Yeas and Nays: 53 - 0.
action_date: 2007-03-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-03-12
text: House Committee on Armed Services Granted an extension for further consideration ending not later than March 14, 2007.
action_date: 2007-03-12
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-47, Part I.
action_date: 2007-03-12
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-47, Part I.
action_date: 2007-03-08
text: Ordered to be Reported in the Nature of a Substitute by Voice Vote.
action_date: 2007-03-08
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-03-06
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-03-06
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-03-06
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-03-06
text: Introduced in House
action_date: 2007-03-06
text: Introduced in House