S.Amdt. 2194

1. Adds SEC. __. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID CONTRACTS AND NONCOMPETITIVE GRANTS wherever appropriate

   Adds a section

   Inserted: SEC. __. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID CONTRACTS AND NONCOMPETITIVE GRANTS.

   Inserted: (a) Prohibition.--

   Inserted: (1) Contracts.--

   Inserted: (A) In general.--Notwithstanding any other provision of this Act, all contracts awarded through congressional initiatives shall be awarded using competitive procedures in accordance with the requirements of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 of title 10, United States Code, and the Federal Acquisition Regulation.

   Inserted: (B) Bid requirement.--Except as provided in paragraph (3), no contract may be awarded through a congressional initiative unless more than one bid is received for such contract.

   Inserted: (2) Grants.--Notwithstanding any other provision of this Act, no funds may be awarded by grant or cooperative agreement through a congressional initiative unless the process used to award such grant or cooperative agreement uses competitive procedures to select the grantee or award recipient. Except as provided in paragraph (3), no such grant may be awarded unless applications for such grant or cooperative agreement are received from two or more applicants that are not from the same organization and do not share any financial, fiduciary, or other organizational relationship.

   Inserted: (3) Waiver authority.--

   Inserted: (A) In general.--If an agency head does not receive more than one bid for a contract under paragraph (1)(B) or does not receive more than one application from unaffiliated applicants for a grant or cooperative agreement under paragraph (2), the agency head may waive such bid or application requirement if the agency head determines that the contract, grant, or cooperative agreement is essential to the mission of the agency.

   Inserted: (B) Congressional notification.--If an agency head waives a bid requirement under subparagraph (A), the agency head must, not later than 10 days after exercising such waiver, notify Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives of the waiver.

   Inserted: (b) Annual Report.--

   Inserted: (1) In general.--Not later than December 31, 2008, and December 31 of each year thereafter, the head of each executive agency shall submit to Congress a report on congressional initiatives for which amounts were appropriated or otherwise made available for the fiscal year ending during such year.

   Inserted: (2) Content.--Each report submitted under paragraph (1) shall include with respect to each contract and grant awarded through a congressional initiative--

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   Inserted: (A) the name of the recipient of the funds awarded through such contract or grant;

   Inserted: (B) the reason or reasons such recipient was selected for such contract or grant; and

   Inserted: (C) the number of entities that competed for such contract or grant.

   Inserted: (3) Publication.--Each report submitted under paragraph (1) shall be made publicly available through the Internet website of the executive agency.

   Inserted: (c) Definitions.--In this section:

   Inserted: (1) Congressional initiative.--The term "congressional initiative" means a provision of law or a directive contained within a committee report or joint statement of managers of an appropriations Act that specifies--

   Inserted: (A) the identity of a person or entity selected to carry out a project, including a defense system, for which funds are appropriated or otherwise made available by that provision of law or directive and that was not requested by the President in a budget submitted to Congress; and

   Inserted: (B) the amount of the funds appropriated or otherwise made available for such project.

   Inserted: (2) Executive agency.--The term "executive agency" has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

   Inserted: (d) Applicability.--This section shall apply with respect to funds appropriated or otherwise made available for fiscal years beginning after September 30, 2007.

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   Original wording

   At the appropriate place, insert the following:

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As printed