[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2916 Introduced in Senate (IS)]







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.

    In this Act:
            (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.
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