To limit the obligation and expenditure of funds for using procedures other than full and open competition for entering into certain contracts or other agreements for the benefit of Iraq.
What it does: Adds Sec. 3002. (a) None of the funds appropriated by this Act may be obligated or expended by the head of an executive agency for payments under any contract or other agreement described in subsection (b) that is not entered into with full and open competition unless, not later than 30 days after the date on which the contract or other agreement is entered into, such official-- on page 39, between lines 2 and 3
Sen. Susan M. Collins (R-ME)Adds Sec. 3002. (a) None of the funds appropriated by this Act may be obligated or expended by the head of an executive agency for payments under any contract or other agreement described in subsection (b) that is not entered into with full and open competition unless, not later than 30 days after the date on which the contract or other agreement is entered into, such official-- on page 39, between lines 2 and 3
Adds a sectionPrinted pageInserted: Sec. 3002. (a) None of the funds appropriated by this Act may be obligated or expended by the head of an executive agency for payments under any contract or other agreement described in subsection (b) that is not entered into with full and open competition unless, not later than 30 days after the date on which the contract or other agreement is entered into, such official--
Inserted: (1) submits a report on the contract or other agreement to the Committees on Armed Services, on Governmental Affairs, and on Appropriations of the Senate, and the Committees on Armed Services, on Government Reform, and on Appropriations of the House of Representatives; and
Inserted: (2) publishes such report in the Federal Register and the Commerce Business Daily.
Inserted: (b) This section applies to any contract or other agreement in excess of $1,000,000 that is entered into with any public or private sector entity for any of the following purposes:
Inserted: (1) To build or rebuild physical infrastructure of Iraq.
Inserted: (2) To establish or reestablish a political or societal institution of Iraq.
Inserted: (3) To provide products or services to the people of Iraq.
Inserted: (4) To perform personnel support services in Iraq, including related construction and procurement of products, in support of members of the Armed Forces and United States civilian personnel.
Inserted: (c) The report on a contract or other agreement of an executive agency under subsection (a) shall include the following information:
Inserted: (1) The amount of the contract or other agreement.
Inserted: (2) A brief discussion of the scope of the contract or other agreement.
Inserted: (3) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers.
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Inserted: (4) The justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition.
Inserted: (d) The limitation on use of funds in subsection (a) shall not apply in the case of any contract or other agreement entered into by the head of an executive agency for which such official--
Inserted: (1) either--
Inserted: (A) withholds from publication and disclosure as described in such subsection any document or other collection of information that is classified for restricted access in accordance with an Executive order in the interest of national defense or foreign policy; or
Inserted: (B) redacts any part so classified that is in a document or other collection of information not so classified before publication and disclosure of the document or other information as described in such subsection; and
Inserted: (2) transmits an unredacted version of the document or other collection of information, respectively, to the chairman and ranking member of each of the Committees on Governmental Affairs and on Appropriations of the Senate, the Committees on Government Reform and on Appropriations of the House of Representatives, and the committees that the head of such executive agency determines has legislative jurisdiction for the operations of such executive agency to which the document or other collection of information relates.
Inserted: (e)(1)(A) In the case of any contract or other agreement for which the Secretary of Defense determines that it is necessary to do so in the national security interests of the United States, the Secretary may waive the limitation in subsection (a), but only on a case-by-case basis.
Inserted: (B) For each contract or other agreement for which the Secretary of Defense grants a waiver under this paragraph, the Secretary shall submit a notification of the contract or other agreement and the grant of the waiver, together with a discussion of the justification for the waiver, to the committees of Congress named in subsection (a)(1).
Inserted: (2)(A) In the case of any contract or other agreement for which the Director of Central Intelligence determines that it is necessary to do so in the national security interests of the United States related to intelligence, the Director may waive the limitation in subsection (a), but only on a case-by-case basis.
Inserted: (B) For each contract or other agreement for which the Director of Central Intelligence grants a waiver under this paragraph, the Director shall submit a notification of the contract or other agreement and of the grant of the waiver, together with a discussion of the justification for the waiver, to the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Governmental Affairs of the Senate and to the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Governmental Reform of the House of Representatives.
Inserted: (f) Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law.
Inserted: (g) In this section--
Inserted: (1) the term "full and open competition" has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403);
Inserted: (2) the term "executive agency" has the meaning given such term in section 105 of title 5, United States Code, and includes the Coalition Provisional Authority for Iraq; and
Inserted: (3) the term "Coalition Provisional Authority for Iraq" means the entity charged by the President with directing reconstruction efforts in Iraq.
Original wording
On page 39, between lines 2 and 3, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1820. Ms. COLLINS (for herself, Mr. Wyden, Mr. Enzi, Mr. Lieberman, Mr. Lautenberg, Mrs. Feinstein, Mr. Akaka, Mrs. Clinton, Mr. Byrd, Mr. McCain, and Mr. Levin) proposed an amendment to the bill S. 1689, making emergency supplemental appropriations for Iraq and Afghanistan security and reconstruction for the fiscal year ending September 30, 2004, and for other purposes; as follows:
On page 39, between lines 2 and 3, insert the following:
Sec. 3002. (a) None of the funds appropriated by this Act may be obligated or expended by the head of an executive agency for payments under any contract or other agreement described in subsection (b) that is not entered into with full and open competition unless, not later than 30 days after the date on which the contract or other agreement is entered into, such official--
(1) submits a report on the contract or other agreement to the Committees on Armed Services, on Governmental Affairs, and on Appropriations of the Senate, and the Committees on Armed Services, on Government Reform, and on Appropriations of the House of Representatives; and
(2) publishes such report in the Federal Register and the Commerce Business Daily.
(b) This section applies to any contract or other agreement in excess of $1,000,000 that is entered into with any public or private sector entity for any of the following purposes:
(1) To build or rebuild physical infrastructure of Iraq.
(2) To establish or reestablish a political or societal institution of Iraq.
(3) To provide products or services to the people of Iraq.
(4) To perform personnel support services in Iraq, including related construction and procurement of products, in support of members of the Armed Forces and United States civilian personnel.
(c) The report on a contract or other agreement of an executive agency under subsection (a) shall include the following information:
(1) The amount of the contract or other agreement.
(2) A brief discussion of the scope of the contract or other agreement.
(3) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers.
(4) The justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition.
(d) The limitation on use of funds in subsection (a) shall not apply in the case of any contract or other agreement entered into by the head of an executive agency for which such official--
(1) either--
(A) withholds from publication and disclosure as described in such subsection any document or other collection of information that is classified for restricted access in accordance with an Executive order in the interest of national defense or foreign policy; or
(B) redacts any part so classified that is in a document or other collection of information not so classified before publication and disclosure of the document or other information as described in such subsection; and
(2) transmits an unredacted version of the document or other collection of information, respectively, to the chairman and ranking member of each of the Committees on Governmental Affairs and on Appropriations of the Senate, the Committees on Government Reform and on Appropriations of the House of Representatives, and the committees that the head of such executive agency determines has legislative jurisdiction for the operations of such executive agency to which the document or other collection of information relates.
(e)(1)(A) In the case of any contract or other agreement for which the Secretary of Defense determines that it is necessary to do so in the national security interests of the United States, the Secretary may waive the limitation in subsection (a), but only on a case-by-case basis.
(B) For each contract or other agreement for which the Secretary of Defense grants a waiver under this paragraph, the Secretary shall submit a notification of the contract or other agreement and the grant of the waiver, together with a discussion of the justification for the waiver, to the committees of Congress named in subsection (a)(1).
(2)(A) In the case of any contract or other agreement for which the Director of Central Intelligence determines that it is necessary to do so in the national security interests of the United States related to intelligence, the Director may waive the limitation in subsection (a), but only on a case-by-case basis.
(B) For each contract or other agreement for which the Director of Central Intelligence grants a waiver under this paragraph, the Director shall submit a notification of the contract or other agreement and of the grant of the waiver, together with a discussion of the justification for the waiver, to the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Governmental Affairs of the Senate and to the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Governmental Reform of the House of Representatives.
(f) Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law.
(g) In this section--
(1) the term “full and open competition” has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403);
(2) the term “executive agency” has the meaning given such term in section 105 of title 5, United States Code, and includes the Coalition Provisional Authority for Iraq; and
(3) the term “Coalition Provisional Authority for Iraq” means the entity charged by the President with directing reconstruction efforts in Iraq.
Legislative Activity
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Senate amendment submitted
October 2, 2003
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Senate amendment submitted
October 2, 2003
Senate amendment proposed (on the floor): Amendment SA 1820 proposed by Senator Collins.(consideration: CR S12354-12355; text: CR S12354)
October 2, 2003
Senate amendment agreed to: Amendment SA 1820 agreed to in Senate by Voice Vote.
October 2, 2003
Amendment SA 1820 proposed by Senator Collins. (consideration: CR S12354-12355; text: CR S12354) To limit the obligation and expenditure of funds for using procedures other than full and open competition for entering into certain contracts or other agreements for the benefit of Iraq.
October 2, 2003
Amendment SA 1820 agreed to in Senate by Voice Vote.
October 2, 2003