H.Res. 242: H.R. 1362 – Accountability in Contracting Act

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday March 14, 2007.
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS 223-190 Thursday March 15, 2007.

MANAGERS: CASTOR/SESSIONS

110th Congress 
1st Session

H.RES. 242

[Report No. 110-49]

 

H.R. 1362 – Accountability in Contracting Act

  1. Structured rule.
  2. Provides 80 minutes of general debate, one hour equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Oversight and Government Reform and 20 minutes equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Armed Services
  3. Waives all points of order against consideration of the bill except for clauses 9 and 10 of Rule XXI.
  4. Provides that in lieu of the amendments recommended by the Committees on Oversight & Government Reform and Armed Services now printed in the bill, the amendment in the nature of a substitute printed in Part A of the Rules Committee report accompanying the resolution shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  5. Waives all points of order against the amendment in the nature of a substitute except clauses 9 and 10 of Rule XXI.
  6. Makes in order only those amendments to the amendment in the nature of a substitute printed in Part B of the Rules Committee report accompanying the resolution.
  7. Provides that the amendments printed in Part B of the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole
  8. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of Rule XXI.
  9. Provides one motion to recommit with or without instructions.

 

RESOLUTION

            Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1362) to reform acquisition practices of the Federal Government.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clauses 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour and 20 minutes, with one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Oversight and Government Reform and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services.  After general debate the bill shall be considered for amendment under the five-minute rule.  In lieu of the amendments recommended by the Committee on Oversight and Government Reform and the Committee on Armed Services now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution.  That amendment in the nature of a substitute shall be considered as read.  All points of order against that amendment in the nature of a substitute are waived except those arising under clauses 9 or 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clauses 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. During consideration in the House of H.R. 1362 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

 

Part A

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE TO BE CONSIDERED AS AN ORIGINAL BILL

The amendment in the nature of a substitute is identical to the text, as amended, of H.R. 1362 as ordered reported by the Committee on Armed Services on March 13, 2007, with the following exceptions:

Adds a provision to sec. 102 to clarify that statutory preferences for contracts to disadvantaged minority contractors and service disabled veterans, and in HUBZones, will not be covered in the plan to reduce sole-source contracts. 

Adds senior level personnel who participate personally and substantially in a decision to award a contract to the current revolving door restrictions for acquisition personnel. 

Prevents such senior level personnel who enter government service from the private sector from administering a contract awarded to their former employer. 

Text of Part A 

Part B

 

SUMMARY OF AMENDMENTS TO BE MADE ORDER

1. Matheson (UT) #8, This amendment would provide Congress with prior notice of any sole source contract expected to be awarded to a foreign-owned company that is based in or has majority operations in a country known to sponsor terrorist activity, with the intent of allowing Congress to review and comment on the proposed contract. - 10 minutes

2. Castle (DE) #3(REVISED),  This amendment would require the Office of Government Ethics to submit recommendations on requiring government contractors and federally funded research and development centers that advise the government to comply with personal financial interest restrictions. – 10 minutes

 

TEXT OF THE AMENDMENTS TO PART B

1. Matheson (UT) #8

2. Castle (DE) #3