[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2023 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2023
To limit Department of Defense contracting with firms under
investigation by the Inspector General of the Department of Defense.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2004
Mrs. Boxer (for herself and Mr. Lautenberg) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To limit Department of Defense contracting with firms under
investigation by the Inspector General of the Department of Defense.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON DEPARTMENT OF DEFENSE CONTRACTING WITH FIRMS
UNDER INVESTIGATION BY THE INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.
(a) Limitation.--No official of the Department of Defense may enter
into a contract with, or otherwise procure any property or services
from, a person while such person is under investigation by the
Inspector General of the Department of Defense, unless the selection of
such person for such contract or other procurement is made with full
and open competition.
(b) Waiver Authority.--
(1) Authority.--The President may waive the applicability
of subsection (a) to a person in the case of any contract or
other procurement of the Department of Defense if the President
determines that it is necessary to enter into such contract or
other procurement with such person in the national security
interests of the United States.
(2) Notification requirement.--Not later than 15 days
before granting a waiver under paragraph (1), the President
shall transmit a notification of the waiver to Congress. The
notification shall include a description of the procurement to
which the waiver relates, the person from whom the procurement
is to be made, and the justification for granting the waiver.
(c) Full and Open Competition Defined.--In this section, 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).
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