H.R. 5366

Overseas Contractor Reform Act

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IIB

111th CONGRESS

2d Session

H. R. 5366

IN THE SENATE OF THE UNITED STATES

September 16, 2010

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

To require the proposal for debarment from contracting with the Federal Government of persons violating the Foreign Corrupt Practices Act of 1977.

1.

Short title

This Act may be cited as the Overseas Contractor Reform Act.

2.

Requirement to propose for debarment persons violating the Foreign Corrupt Practices Act

(a)

Requirement To propose for debarment

Unless waived by the head of a Federal agency under subsection (b), any person found to be in violation of the Foreign Corrupt Practices Act of 1977 shall be proposed for debarment from any contract or grant awarded by the Federal Government within 30 days after a final judgment of such violation.

(b)

Waiver

The head of a Federal agency may waive this section for a Federal contract or grant. Any such waiver shall be reported to Congress by the head of the agency concerned within 30 days from the date of the waiver, along with an accompanying justification.

(c)

Final judgment

For purposes of this section, a judgment becomes final when all appeals of the judgment have been finally determined, or all time for filing such appeals has expired.

(d)

Definitions

In this section:

(1)

Contract

The term contract means a binding agreement entered into by a Federal agency for the purpose of obtaining property or services.

(2)

Person

The term person includes—

(A)

an individual;

(B)

a partnership; and

(C)

a corporation.

(3)

Foreign Corrupt Practices Act of 1977

The term Foreign Corrupt Practices Act of 1977 means—

(A)

section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd–1); and

(B)

sections 104 and 104A of the Foreign Corrupt Practices Act (15 U.S.C. 78dd–2).

3.

Governmental policy

It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies who violate the Foreign Corrupt Practices Act of 1977.

Passed the House of Representatives September 15, 2010.

Lorraine C. Miller,

Clerk.