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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).
                                 <all>

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