[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2904 Introduced in Senate (IS)]







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.
    (e) Availability.--
            (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.
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