What it changes

1 change to S. 2400

Adds a section
  1. Adds SEC. 868. REQUIREMENT TO PROVIDE DOCUMENTS TO CONGRESS TO ENHANCE TRANSPARENCY IN DEPARTMENT OF DEFENSE CONTRACTING on page 195, between lines 10 and 11

    Adds a sectionPrinted page

    Inserted: SEC. 868. REQUIREMENT TO PROVIDE DOCUMENTS TO CONGRESS TO ENHANCE TRANSPARENCY IN DEPARTMENT OF DEFENSE CONTRACTING.

    Inserted: (a) Requirement To Provide Requested Documents.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

    Inserted: "Sec. 2333. Congressional oversight: submittal of contract documents

    Inserted: "(a) Requirement To Provide Requested Documents.--Not later than 14 days after receiving from the chairman or ranking member of a committee of Congress named in subsection (b) a request for documents described in subsection (c) regarding a Department of Defense contract, the Secretary of Defense shall transmit an unredacted copy of each such document to the chairman or ranking member making the request.

    Inserted: "(b) Requesting Committees.--The committees of Congress referred to in subsection (a) are as follows:

    Inserted: "(1) The Committee on Armed Services of the Senate.

    Inserted: "(2) The Committee on Armed Services of the House of Representatives.

    Inserted: "(3) The Committee on Small Business and Entrepreneurship of the Senate.

    Inserted: "(4) The Committee on Small Business of the House of Representatives.

    Inserted: "(5) The Committee on Governmental Affairs of the Senate.

    Inserted: "(6) The Committee on Government Reform of the House of Representatives.

    Inserted: "(c) Documents To Be Provided.--The requirement under subsection (a) applies to documents, relating to a contract, that are required to be maintained in the contracting office contract file, the contract administration office contract file, and the paying office contract file pursuant to subpart 4.8 of the Federal Acquisition Regulation, including--

    Show 14 more inserted paragraphs

    Inserted: "(1) copies of the contract and all modifications;

    Inserted: "(2) orders issued under the contract;

    Inserted: "(3) justifications and approvals;

    Inserted: "(4) any Government estimate of contract price;

    Inserted: "(5) source selection documentation;

    Inserted: "(6) cost or price analysis;

    Inserted: "(7) audit reports;

    Inserted: "(8) justification for type of contract;

    Inserted: "(9) authority for deviations from regulations, statutory requirements, or other restrictions;

    Inserted: "(10) bills, invoices, vouchers, and supporting documents; and

    Inserted: "(11) records of payments or receipts.

    Inserted: "(d) Contract Includes Task or Delivery Order.--In this section, the term 'contract' includes a task or delivery order under a task or delivery order contract.".

    Inserted: (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

    Inserted: "2333. Congressional oversight: submittal of contract documents.".

    Original wording

    On page 195, between lines 10 and 11, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3272. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

On page 195, between lines 10 and 11, insert the following:

SEC. 868. REQUIREMENT TO PROVIDE DOCUMENTS TO CONGRESS TO ENHANCE TRANSPARENCY IN DEPARTMENT OF DEFENSE CONTRACTING.

(a) Requirement To Provide Requested Documents.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

“Sec. 2333. Congressional oversight: submittal of contract

documents

“(a) Requirement To Provide Requested Documents.--Not later than 14 days after receiving from the chairman or ranking member of a committee of Congress named in subsection (b) a request for documents described in subsection (c) regarding a Department of Defense contract, the Secretary of Defense shall transmit an unredacted copy of each such document to the chairman or ranking member making the request.

“(b) Requesting Committees.--The committees of Congress referred to in subsection (a) are as follows:

“(1) The Committee on Armed Services of the Senate.

“(2) The Committee on Armed Services of the House of Representatives.

“(3) The Committee on Small Business and Entrepreneurship of the Senate.

“(4) The Committee on Small Business of the House of Representatives.

“(5) The Committee on Governmental Affairs of the Senate.

“(6) The Committee on Government Reform of the House of Representatives.

“(c) Documents To Be Provided.--The requirement under subsection (a) applies to documents, relating to a contract, that are required to be maintained in the contracting office contract file, the contract administration office contract file, and the paying office contract file pursuant to subpart 4.8 of the Federal Acquisition Regulation, including--

“(1) copies of the contract and all modifications;

“(2) orders issued under the contract;

“(3) justifications and approvals;

“(4) any Government estimate of contract price;

“(5) source selection documentation;

“(6) cost or price analysis;

“(7) audit reports;

“(8) justification for type of contract;

“(9) authority for deviations from regulations, statutory requirements, or other restrictions;

“(10) bills, invoices, vouchers, and supporting documents; and

“(11) records of payments or receipts.

“(d) Contract Includes Task or Delivery Order.--In this section, the term ‘contract' includes a task or delivery order under a task or delivery order contract.”.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“2333. Congressional oversight: submittal of contract documents.”.

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Senate amendment submitted

June 3, 2004