Text: H.R.4401 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4401 IH
101st CONGRESS
2d Session
 H. R. 4401
To amend title 10, United States Code, to impose additional prohibitions on
convicted individuals and debarred or suspended contractors, and to require
the Secretary of Defense to withdraw approval of any defense contractor's
system for awarding subcontracts if the contractor enters into a subcontract
with a contractor who has been suspended or debarred by the Federal government.
IN THE HOUSE OF REPRESENTATIVES
March 27, 1990
Mr. WELDON introduced the following bill; which was referred to the Committee
on Armed Services
A BILL
To amend title 10, United States Code, to impose additional prohibitions on
convicted individuals and debarred or suspended contractors, and to require
the Secretary of Defense to withdraw approval of any defense contractor's
system for awarding subcontracts if the contractor enters into a subcontract
with a contractor who has been suspended or debarred by the Federal government.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. PROHIBITION ON CONVICTED INDIVIDUALS AND DEBARRED OR SUSPENDED
CONTRACTORS.
  (a) ADDITIONAL PROHIBITIONS ON INDIVIDUALS CONVICTED OF FELONIES RELATED TO
  DEFENSE CONTRACTS; RELATED CRIMINAL PENALTY- (1) Paragraph (1) of section
  2408(a) of title 10, United States Code, is amended--
  (A) by inserting `or any subcontract of a defense contract' before the
  period at the end of subparagraph (A);
  (B) by inserting `or any subcontractor of a defense contractor' before
  the period at the end of subparagraph (B);
  (C) by inserting `or any subcontractor of a defense contractor' before
  the period at the end of subparagraph (C); and
  (D) by inserting `or subcontract of a defense contract' before the period
  at the end of subparagraph (D).
  (2) Section 2408(b) of such title is amended by inserting `or subcontractor'
  after `contractor' each place it appears.
  (b) PROHIBITION ON SUSPENDED OR DEBARRED CONTRACTORS- Section 2393(a)
  of title 10, United States Code, is amended--
  (1) in paragraph (1), by striking out `or, when approval by the Secretary of
  the award of a subcontract is required, approve the award of a subcontract
  to,' and inserting in lieu thereof the following: ` or allow the award of
  a subcontract under a Department of Defense contract to,'; and
  (2) in paragraph (2), by striking out `or approve a subcontract with'
  and inserting in lieu thereof `or allow the award of a subcontract to'.
SEC. 2. REQUIREMENT TO WITHDRAW APPROVAL OF DEFENSE CONTRACTOR PURCHASING
SYSTEMS IN CERTAIN CIRCUMSTANCES.
  (a) WITHDRAWAL OF APPROVAL OF PURCHASING SYSTEMS- The Secretary of Defense
  shall prescribe regulations to require that, in the case of any contract
  with the Department of Defense with respect to which the Secretary is
  required to approve the contractor's purchasing system, the contracting
  officer shall withdraw approval of the purchasing system if the contractor
  awards a subcontract to a contractor who has been suspended or debarred
  by the Federal government from Government contracting or subcontracting.
  (b) EXCEPTION- The Secretary shall include in the regulations an exception
  providing that the requirement to withdraw approval prescribed under
  subsection (a) shall not apply if the contractor has established systems
  and procedures to ensure that it is fully protecting the Government's
  interest when dealing with the subcontractor.
  (c) CERTIFICATION- The Secretary shall include in the regulations a
  requirement that each contractor with the Department of Defense shall require
  each subcontractor of the contractor to certify that the subcontractor is
  not, as of the time of the award of the subcontract, debarred or suspended
  by the Federal government from Government contracting or subcontracting.
  (d) PURCHASING SYSTEM DEFINED- In this Act, the term `purchasing system'
  means the system by which a contractor under contract with the Department
  of Defense awards subcontracts under the contract.