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The Overseas Contractor Reform Act

The Overseas Contractor Reform Act

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Published by DealBook
A bill under consideration by Congress that would require debarment from future government contracts for any person or company found in violation of the Foreign Corrupt Practices Act. DealBook's White Collar Watch takes a look at the bill in light of Hewlett-Packard's mounting woes.
A bill under consideration by Congress that would require debarment from future government contracts for any person or company found in violation of the Foreign Corrupt Practices Act. DealBook's White Collar Watch takes a look at the bill in light of Hewlett-Packard's mounting woes.

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Published by: DealBook on Sep 13, 2010
Copyright:Attribution Non-commercial

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07/12/2011

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I
111
TH
CONGRESS2
D
S
ESSION
 
H. R. 5366
To require the proposal for debarment from contracting with the FederalGovernment of persons violating the Foreign Corrupt Practices Act of 1977.
IN THE HOUSE OF REPRESENTATIVES
M
 AY
20, 2010Mr. W
ELCH
introduced the following bill; which was referred to the Committeeon Oversight and Government Reform
A BILL
To require the proposal for debarment from contracting withthe Federal Government of persons violating the ForeignCorrupt Practices Act of 1977.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Overseas Contractor
4
Reform Act’’.
5
SEC. 2. REQUIREMENT TO PROPOSE FOR DEBARMENT PER-
6
SONS VIOLATING THE FOREIGN CORRUPT
7
PRACTICES ACT.
8
(a) R
EQUIREMENT
T
O
P
ROPOSE FOR
D
EBARMENT
.—
9
Unless waived by the head of a Federal agency under sub-
10
VerDate Mar 15 2010 23:48 May 21, 2010Jkt 089200PO 00000Frm 00001Fmt 6652Sfmt 6201E:\BILLS\H5366.IHH5366
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2
HR 5366 IH
section (b), any person found to be in violation of the For-
1
eign Corrupt Practices Act of 1977 shall be proposed for
2
debarment from any contract or grant awarded by the
3
Federal Government within 30 days after a final judgment
4
of such violation.
5
(b) W
 AIVER
.—The head of a Federal agency may 
6
 waive this section for a Federal contract or grant. Any 
7
such waiver shall be reported to Congress by the head of 
8
the agency concerned within 30 days from the date of the
9
 waiver, along with an accompanying justification.
10
(c) F
INAL
J
UDGMENT
.—For purposes of this section,
11
a judgment becomes final when all appeals of the judg-
12
ment have been finally determined, or all time for filing
13
such appeals has expired.
14
(d) D
EFINITIONS
.—In this section:
15
(1) C
ONTRACT
.—The term ‘‘contract’’ means a
16
 binding agreement entered into by a Federal agency 
17
for the purpose of obtaining property or services.
18
(2) P
ERSON
.—The term ‘‘person’’ includes—
19
(A) an individual;
20
(B) a partnership; and
21
(C) a corporation.
22
(3) F
OREIGN CORRUPT PRACTICES ACT OF
 
23
1977
.—The term ‘‘Foreign Corrupt Practices Act of 
24
1977’’ means—
25
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