S 2904
110th CONGRESS
2d Session
S. 2904
To improve Federal agency awards and oversight of contracts
and assistance and to strengthen accountability of the Government-wide
suspension and debarment system.
IN THE SENATE OF THE UNITED STATES
April 24, 2008
Mrs. MCCASKILL introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
A BILL
To improve Federal agency awards and oversight of contracts
and assistance and to strengthen accountability of the Government-wide
suspension and debarment system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Contractors and Federal Spending Accountability
Act of 2008'.
SEC. 2. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT
OFFICIALS.
(a) In General- Subject to the authority, direction, and control of
the Director of the Office of Management and Budget, the Administrator
of General Services shall establish and maintain a database of information
regarding integrity and performance of persons awarded Federal contracts
and grants for use by Federal officials having authority over contracts
and grants.
(b) Persons Covered- The database shall cover any person awarded a Federal
contract or grant if any information described in subsection (c) exists
with respect to such person.
(c) Information Included- With respect to a person awarded a Federal
contract or grant, the database shall include information (in the form
of a brief description) for at least the most recent 5-year period regarding
the following:
(1) Each civil or criminal proceeding, or any administrative proceeding,
with respect to the person during the period to the extent that such
proceeding results in the following dispositions and the payment of
a monetary fine, penalty, reimbursement, restitution, damages, or
settlement to a government of $5,000 or more, concluded by the Federal
Government or any State government against the person:
(A) In a criminal proceeding, a conviction.
(B) In a civil or administrative proceeding, a finding of liability.
(C) In a civil or administrative proceeding, a disposition of the
matter by consent or compromise if the proceeding could have led
to either of the outcomes specified in subparagraph (A) or (B).
(2) Each Federal contract and grant awarded to the person that was
terminated in such period due to default.
(3) Each Federal suspension and debarment of the person in that period.
(4) Each Federal administrative agreement signed with the person in
that period if the proceeding concerned could have led to either of
the outcomes specified in subparagraph (A) or (B) of paragraph (1).
(5) Each final finding by a Federal official in that period that the
person has been determined not to be a responsible source under either
subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(7)).
(d) Requirements Relating to Information in Database-
(1) DIRECT INPUT AND UPDATE- The Administrator shall design and maintain
the database in a manner that allows the appropriate officials of
each Federal agency to directly input and update in the database information
relating to actions it has taken with regard to contractors or grant
recipients.
(2) TIMELINESS AND ACCURACY- The Administrator shall develop policies
to require--
(A) the timely and accurate input of information into the database;
(B) notification of any covered person when information relevant
to the person is entered into the database; and
(C) an opportunity for any covered person to append comments to
information about such person in the database.
(1) AVAILABILITY TO ALL FEDERAL AGENCIES- The Administrator shall
make the database available to all Federal agencies.
(2) AVAILABILITY TO THE PUBLIC- The Administrator shall make the database
available to the public by posting the database on the General Services
Administration website.
(3) LIMITATION- This subsection does not require the public availability
of information that is exempt from public disclosure under section
552(b) of title 5, United States Code.
SEC. 3. REVIEW OF DATABASE.
(a) Requirement to Review Database- Prior to the award of a contract
or grant, an official responsible for awarding a contract or grant shall
review the database established under section 2.
(b) Requirement To Document Present Responsibility- In the case of a
prospective awardee of a contract or grant against which a judgment
or conviction has been rendered more than once within any 3-year period
for the same or similar offences, if each judgment or conviction is
a cause for debarment, the official responsible for awarding the contract
or grant shall document why the prospective awardee is considered presently
responsible.
SEC. 4. DISCLOSURE IN APPLICATIONS.
(a) Requirement- Not later than 180 days after the date of the enactment
of this Act, Federal regulations shall be amended to require that in
applying for any Federal grant or submitting a proposal or bid for any
Federal contract a person shall disclose in writing information described
in section 2(c).
(b) Covered Contracts and Grants- This section shall apply only to contracts
and grants in an amount greater than the simplified acquisition threshold,
as defined in section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 401(11)).
SEC. 5. ROLE OF INTERAGENCY COMMITTEE.
(a) Requirement- The Interagency Committee on Debarment and Suspension
shall--
(1) resolve issues regarding which of several Federal agencies is
the lead agency having responsibility to initiate suspension or debarment
proceedings;
(2) coordinate actions among interested agencies with respect to such
action;
(3) encourage and assist Federal agencies in entering into cooperative
efforts to pool resources and achieve operational efficiencies in
the Governmentwide suspension and debarment system;
(4) recommend to the Office of Management and Budget changes to Government
suspension and debarment system and its rules, if such recommendations
are approved by a majority of the Interagency Committee;
(5) authorize the Office of Management and Budget to issue guidelines
that implement those recommendations;
(6) authorize the chair of the Committee to establish subcommittees
as appropriate to best enable the Interagency Committee to carry out
its functions; and
(7) submit to the Congress an annual report on--
(A) the progress and efforts to improve the suspension and debarment
system;
(B) member agencies' active participation in the committee's work;
and
(C) a summary of each agency's activities and accomplishments in
the Governmentwide debarment system.
(b) Definition- The term `Interagency Committee on Debarment and Suspension'
means such committee constituted under sections 4 and 5 and of Executive
Order 12549.
SEC. 6. AUTHORIZATION OF INDEPENDENT AGENCIES.
Any agency, commission, or organization of the Federal Government to
which Executive Order 12549 does not apply is authorized to participate
in the Governmentwide suspension and debarment system and may recognize
the suspension or debarment issued by an executive branch agency in
its own procurement or assistance activities.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator of General
Services such funds as may be necessary to establish the database described
in section 2.
SEC. 8. REPORT TO CONGRESS.
(a) Report Required- Not later than 180 days after the date of the enactment
of this Act, the Administrator of General Services shall submit to Congress
a report.
(b) Contents of Report- The report shall contain the following:
(1) A list of all databases that include information about Federal
contracting and Federal grants.
(2) Recommendations for further legislation or administrative action
that the Administrator considers appropriate to create a centralized,
comprehensive Federal contracting and Federal grant database.
END
