[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 876 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 876
To require public disclosure of noncompetitive contracting for the
reconstruction of the infrastructure of Iraq, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2003
Mr. Wyden (for himself, Ms. Collins, Mrs. Clinton, Mr. Byrd, and Mr.
Lieberman) introduced the following bill; which was read twice
and referred to the Committee on Governmental AffairsYYYYYYYYYY
_______________________________________________________________________
A BILL
To require public disclosure of noncompetitive contracting for the
reconstruction of the infrastructure of Iraq, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in Iraq Reconstruction
Contracting Act of 2003''.
SEC. 2. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE
RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ.
(a) Disclosure Required.--
(1) Publication and public availability.--The head of an
executive agency of the United States that enters into a
contract for the repair, maintenance, or construction of
infrastructure in Iraq without full and open competition shall
publish in the Federal Register or Commerce Business Daily and
otherwise make available to the public, not later than 30 days
after the date on which the contract is entered into, the
following information:
(A) The amount of the contract.
(B) A brief description of the scope of the
contract.
(C) 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.
(D) The justification and approval documents on
which was based the determination to use procedures
other than procedures that provide for full and open
competition.
(2) Inapplicability to contracts after fiscal year 2013.--
Paragraph (1) does not apply to a contract entered into after
September 30, 2013.
(b) Classified Information.--
(1) Authority to withhold.--The head of an executive agency
may--
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for
restricted access in accordance with an Executive order
in the interest of national defense or foreign policy;
and
(B) redact any part so classified that is in a
document not so classified before publication and
disclosure of the document under subsection (a).
(2) Availability to congress.--In any case in which the
head of an executive agency withholds information under
paragraph (1), the head of such executive agency shall make
available an unredacted version of the document containing that
information to the chairman and ranking member of each of the
following committees of Congress:
(A) The Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives.
(B) The Committees on Appropriations of the Senate
and House of Representatives.
(C) Each committee that the head of the executive
agency determines has legislative jurisdiction for the
operations of such department or agency to which the
information relates.
(c) Fiscal Year 2003 Contracts.--This section shall apply to
contracts entered into on or after October 1, 2002, except that, in the
case of a contract entered into before the date of the enactment of
this Act, subsection (a) shall be applied as if the contract had been
entered into on the date of the enactment of this Act.
(d) Relationship to Other Disclosure Laws.--Nothing in this section
shall be construed as affecting obligations to disclose United States
Government information under any other provision of law.
(e) Definitions.--In this section, the terms ``executive agency''
and ``full and open competition'' have the meanings given such terms in
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403).
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