S 2916
110th CONGRESS
2d Session
S. 2916
To ensure greater transparency in the Federal contracting process,
and to help prevent contractors that violate criminal laws from obtaining
Federal contracts.
IN THE SENATE OF THE UNITED STATES
April 24, 2008
Mrs. CLINTON introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To ensure greater transparency in the Federal contracting process,
and to help prevent contractors that violate criminal laws from obtaining
Federal contracts.
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 `Guaranteeing Real Accountability in Federal
Transactions Act'.
SEC. 2. REQUIREMENT TO NOTIFY INSPECTORS GENERAL OF CERTAIN VIOLATIONS
RELATED TO CERTAIN FEDERAL CONTRACTS.
(a) Notification of Certain Contract Violations-
(1) REQUIREMENT- A covered contractor shall submit written notification
to the Office of Inspector General of the Executive agency that awarded
the covered contract whenever the contractor has reasonable grounds
to believe that the contractor, or a principal, employee, agent, or
subcontractor of the contractor, has committed a violation of Federal
criminal law, or has received a significant overpayment, in connection
with the bidding for, or award or performance of, the covered contract
or any subcontract under the contract.
(2) CAUSE FOR DEBARMENT OR SUSPENSION- A knowing violation to notify
an Inspector General of a violation or overpayment covered by paragraph
(1) shall be a cause for debarment or suspension of the covered contractor.
(3) TIMING OF NOTIFICATION- A notification under paragraph (1) shall
be submitted within 14 days after the contractor becomes aware of
the violation or overpayment.
(4) COPY OF NOTIFICATION- A copy of any notification under paragraph
(1) shall be submitted by the contractor to the contracting officer
for the contract.
(5) PUBLICATION- Violations and overpayments reported under paragraph
(1) shall be listed on the searchable website established and maintained
under section 2(b) of the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note).
(b) Annual Report on Violations and Overpayments- Not later than 180
days after the date of the enactment of this Act, and annually thereafter,
the Director of the Office of Management and Budget, in consultation
with the heads of Executive agencies awarding covered contracts, shall
submit to Congress a report on violations of Federal criminal law and
significant overpayments that have occurred in connection with the award
or performance of covered contracts and subcontracts under such contracts.
SEC. 3. RESTRICTIONS ON WHISTLEBLOWING PROHIBITED.
(a) Prohibition- No covered contractor may prohibit or restrict any
person from engaging in any action for which a protection against reprisal
is provided under section 315(a) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 265(a)) or section 2409(a) of title
10, United States Code.
(b) Invalidity of Restrictions on Protected Actions- Any clause or provision
of a covered contract or an employment contract between a covered contractor
and an employee performing work under a covered contract that purports
to limit or restrain an individual from engaging in any of the actions
described in section 315(a) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 265(a)) or section 2409(a) of title
10, United States Code, as a condition of the contract or employment
under the contract shall be invalid and void as violative of public
policy, whether in force before, on, or after the date of the enactment
of this Act.
SEC. 4. DEFINITIONS.
(1) The term `covered contract' means any contract in an amount greater
than $1,000,000, whether performed inside or outside the United States.
The term includes a contract for commercial items.
(2) The term `covered contractor' means an entity performing a covered
contract awarded by an executive agency.
(3) The term `Executive agency' has the meaning provided in section
105 of title 5, United States Code.
SEC. 5. APPLICABILITY.
This Act applies to all work performed under covered contracts, whether
the work is performed inside or outside the United States.
END
