II 110th CONGRESS 2d Session S. 2916 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.

1.

Short title

This Act may be cited as the Guaranteeing Real Accountability in Federal Transactions Act.

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.

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.

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.

5.

Applicability

This Act applies to all work performed under covered contracts, whether the work is performed inside or outside the United States.