Ensuring Transparency, Honesty, and Integrity for Contracting, Acquisition, and Lifecycle Procurement Act; ETHICAL Procurement Act
Summary
The ETHICAL Procurement Act aims to prevent conflicts of interest in defense contracting. It prohibits the Secretary of Defense from awarding contracts to entities where certain government employees or their immediate family members hold significant positions or ownership. This includes individuals appointed by the President with Senate approval, those in confidential policy-making roles, special government employees, and Senior Executive Service members.
Expected Effects
The Act will likely reduce the potential for undue influence and self-dealing in defense contracts. It will require the Department of Defense to establish regulations for identifying and excluding entities with conflicted interests. This could lead to a more transparent and equitable contracting process.
Potential Benefits
- Increased transparency and accountability in defense contracting.
- Reduced potential for conflicts of interest.
- Greater public trust in government procurement processes.
- Fairer competition among businesses seeking defense contracts.
- Potentially lower costs to taxpayers through more competitive bidding.
Potential Disadvantages
- Potential for delays in awarding contracts due to increased scrutiny.
- Possible narrowing of the pool of eligible contractors.
- Increased administrative burden for the Department of Defense.
- Risk of unintended consequences or loopholes.
- Potential for legal challenges based on interpretation of definitions.
Constitutional Alignment
The Act aligns with the principle of government transparency and accountability, which are implicit in the Constitution's structure and emphasis on the rule of law. While the Constitution does not explicitly address contracting procedures, this Act supports the overall goal of ensuring a fair and just government. It also aligns with Congress's power to regulate the armed forces under Article I, Section 8.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).