Pub. L. 108-106, tit. II, ch. 2, sec. 2203

Sec. 2203. (a) Disclosure Required.—(1) Publication and public availability.—The Administrator of the Coalition Provisional Authority or the head of an executive agency of the United States that enters into a contract for assistance for Iraq, using funds described in paragraph (2), through the use of other than full and open competitive procedures, shall publish in the Federal Register or Federal Business Opportunities, and otherwise make available to the public, including publication on the Coalition Provisional Authority’s website, not later than 7 days before the date on which the contract is entered into, the following information:(A) The amount of the contract.(B) A brief description of the scope of the contract.(C) A discussion of how the executive agency and, when applicable, the Coalition Provisional Authority, identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers.(D) The justification and approval documents (as required under section 303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on which was based the determination to use procedures other than competitive procedures.(2) Funds.—The funds referred to in paragraph (1) are any funds under the heading “Iraq Relief and Reconstruction Fund” in this Act, and under the same heading in Public Law 108–11.(3) Applicability.—(A) This section shall also apply to any extension, amendment or modification of contracts entered into prior to the enactment of this Act using other than full and 117 STAT. 1230 open competitive procedures using Iraq Relief and Reconstruction Funds in this Act and under Public Law 108–11 or funds made available in prior Foreign Operations, Export Financing and Related Programs Appropriations Acts.(B) This section shall not apply to contracts of less than $5,000,000.(C) This section shall not apply to contracts authorized by the Small Business Act (15 U.S.C. 631 et seq.).(b) Classified Information.—(1) Authority to withhold.—The head of an executive agency may—(A) withhold from publication and disclosure under subsection (a) any document that is classified for restricted access in accordance with an Executive order in the interest of national defense or foreign policy; and(B) redact any part so classified that is in a document not so classified before publication and disclosure of the document under subsection (a).(2) Availability to congress.—In any case in which the head of an executive agency withholds information under paragraph (1), the head of such executive agency shall make available an unredacted version of the document containing that information to the chairman and ranking member of each of the following committees of Congress:(A) The Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.(B) The Committees on Appropriations of the Senate and the House of Representatives.(C) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information related.(c) Relationship to Other Disclosure Laws.—Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law.(d) Definitions.—In this section and section 2202 of this Act, the terms “full and open competitive procedures” and “executive agency” have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).