S.Amdt. 2406
What it does: Adds SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING wherever appropriate
Sen. Richard J. Durbin (D-IL)What it changes
1 change to S. 1932
Adds SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING wherever appropriate
Adds a sectionInserted: SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING.
Inserted: (a) In General.--Except as provided in subsection (b), none of the funds appropriated or otherwise made available by the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public Law 109-61), by the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public Law 109-62), or through the Iraq Relief and Reconstruction Fund may be obligated or expended in connection with a contract with a contractor that, during the previous 5 years--
Inserted: (1) has been found by an executive agency, the Special Inspector General for Iraq Reconstruction, or any Inspector General having oversight authority with respect to Hurricane Katrina and Hurricane Rita reconstruction contracts to have overcharged or improperly billed the Federal Government by a total of at least $10,000,000 through one or more overcharges;
Inserted: (2) has been found by an executive agency, the Special Inspector General for Iraq Reconstruction, or any Inspector General having oversight authority with respect to Hurricane Katrina and Hurricane Rita reconstruction contracts to have committed one or more fraudulent acts resulting in total costs or losses to the Federal Government of at least $10,000,000; or
Inserted: (3) has had rendered against it a judgment or conviction for an offense constituting a cause for suspension or debarment under the Federal suspension and debarment regulations.
Inserted: (b) National Security Waiver.--The President may waive the restrictions under subsection (a) on a case-by-case basis if the President determines that such waiver is in the national security interest of the United States and submits to the appropriate congressional authorities a report describing the reasons for such determination.
Inserted: (c) Definitions.--In this section:
Inserted: (1) Appropriate congressional authorities.--The term "appropriate congressional authorities" means--
Inserted: (A) the Majority Leader and the Minority Leader of the Senate;
Inserted: (B) the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and
Inserted: (C) the Committees on Appropriations of the Senate and the House of Representatives.
Inserted: (2) Executive agencies.--The term "executive agency" has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2406. Mr. DURBIN (for himself, Mr. Dorgan, Mr. Lautenberg, and Mr. Johnson) submitted an amendment intended to be proposed by him to the bill S. 1932, to provide for reconciliation pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING.
(a) In General.--Except as provided in subsection (b), none of the funds appropriated or otherwise made available by the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public Law 109-61), by the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public Law 109-62), or through the Iraq Relief and Reconstruction Fund may be obligated or expended in connection with a contract with a contractor that, during the previous 5 years--
(1) has been found by an executive agency, the Special Inspector General for Iraq Reconstruction, or any Inspector General having oversight authority with respect to Hurricane Katrina and Hurricane Rita reconstruction contracts to have overcharged or improperly billed the Federal Government by a total of at least $10,000,000 through one or more overcharges;
(2) has been found by an executive agency, the Special Inspector General for Iraq Reconstruction, or any Inspector General having oversight authority with respect to Hurricane Katrina and Hurricane Rita reconstruction contracts to have committed one or more fraudulent acts resulting in total costs or losses to the Federal Government of at least $10,000,000; or
(3) has had rendered against it a judgment or conviction for an offense constituting a cause for suspension or debarment under the Federal suspension and debarment regulations.
(b) National Security Waiver.--The President may waive the restrictions under subsection (a) on a case-by-case basis if the President determines that such waiver is in the national security interest of the United States and submits to the appropriate congressional authorities a report describing the reasons for such determination.
(c) Definitions.--In this section:
(1) Appropriate congressional authorities.--The term “appropriate congressional authorities” means--
(A) the Majority Leader and the Minority Leader of the Senate;
(B) the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and
(C) the Committees on Appropriations of the Senate and the House of Representatives.
(2) Executive agencies.--The term “executive agency” has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
November 3, 2005