[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[Senate]
[Pages 7548-7550]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FEINGOLD (for himself and Mr. Coburn):
  S. 3323. A bill to improve the management and oversight of Federal 
contracts, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. FEINGOLD. Mr. President, today I am introducing the bipartisan 
Federal Contracting and Oversight Act. Every year millions of taxpayer 
dollars are awarded to contractors with a history of poor performance 
and misconduct because our federal contracting oversight regime, though 
well-intentioned, is broken.
  The problems in our contracting oversight regime were first brought 
to my attention by my constituents in Wisconsin, several of whom are 
small businesses that have suffered as a result of misconduct by a 
Federal contractor. In one case, a Federal contractor that has received 
over $6 million in Federal contracts failed to pay small businesses in 
Wisconsin that worked as subcontractors. Several years later, the Army 
finally barred the contractor from receiving Federal dollars, finding 
that the contractor had ``a documented history of failing to pay 
subcontractors for services rendered pursuant to government 
contracts.'' We must ensure that these records of poor performance and 
misconduct are identified before federal contracts are awarded to 
contractors, not years later after the damage has already been done.
  As I studied the issue further, I learned that similar problems were 
widespread and well documented. The Government Accountability Office 
has documented numerous instances of suspended and debarred companies 
continuing to receive federal contracts. In one case, a company that 
had been debarred for attempting to ship nuclear bomb parts to North 
Korea continued to receive millions of dollars on an Army contract. In 
another case, a contractor that had been suspended after one of its 
employees was found to have sabotaged repairs on an aircraft carrier 
was awarded three new contracts a month after the incident.
  We must act to ensure that these incidents do not repeat themselves. 
American taxpayer dollars should be spent responsibly and the flaws of 
our contracting process should never be allowed to affect our security.
  Our Federal contracting process is in urgent need of reform and 
greater oversight. To that end, I am introducing the Federal 
Contracting and Oversight Act, which is an important step to prevent 
the continued Federal patronage of private companies unworthy of our 
taxpayers' hard-earned dollars.
  I am encouraged that Senator Coburn has also taken note of the flaws 
of the Federal contracting process and has joined me in this effort as 
an original cosponsor. This bill also has the support of experts that 
closely track our federal contracting process, including the Project on 
Government Oversight, the Center for American Progress, Taxpayers for 
Common Sense, and OMB Watch.
  This bill will protect the hard-earned dollars of American taxpayers 
by improving the federal contracting system in three ways:
  First, this bill will make the system more transparent.
  Sunshine continues to be the best disinfectant; unfortunately, some 
of the most important data concerning contractor performance and 
misconduct is shielded from the scrutiny of the full Congress and 
American people.
  This bill will broaden access to the new Federal Awardee Performance 
and Integrity Information System, FAPIIS, database, which contains a 
comprehensive picture of the records of Federal contractors including 
details of criminal, civil, and administrative proceedings, contract 
defaults, suspension

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and debarments, and other violations of federal acquisition laws.
  Under my bill, every member of Congress will be able to access the 
database in order to review the records of contractors. This is an 
important step towards greater transparency in our contracting 
oversight system. Each member of Congress has an interest in monitoring 
how the taxpayer dollars of their constituents are being spent.
  Second, this bill will empower our contracting officers by giving 
them the tools and resources they need to adequately vet companies 
seeking Federal dollars.
  Contracting officers currently make award decisions with only a 
limited set of information that is insufficient to support an informed 
decision. These contracting officers often lack the information they 
need to adequately review a company's contracting history.
  This bill helps ensure that these officers have a more comprehensive 
picture of a company's contracting history before they make an award 
decision. Under this bill, the information available to them will 
include information on a broader range of misconduct, such as that 
occurring over 5 years ago, pertaining to a wider range of contracts or 
resulting in a more inclusive list of legal proceedings. This bill also 
requires companies vying for Federal dollars to self-report essential 
details about their past performance before they can receive a contract 
award. Together, these provisions will help ensure that those officials 
entrusted with awarding Federal contract dollars have all the resources 
they need to make an informed decision.
  Third, this bill will strengthen the current oversight regime by 
fixing loopholes and shortcomings that have undermined its 
effectiveness. An oversight regime can only be effective if it is used, 
and used properly. It is unacceptable that taxpayer dollars continue to 
go to companies that have already been suspended or debarred, just 
because contracting officers have failed to either record or check 
their status.
  Accordingly, this bill tasks the Comptroller General with producing 
an annual report on the extent to which companies that have been 
suspended and debarred continue to receive federal contracts or waivers 
to receive federal contracts. This is an important step towards 
ensuring that the problems in our contracting process receive the 
congressional and public scrutiny they deserve. This bill also requires 
the Inspectors General of each federal agency involved in the 
procurement process to conduct an annual audit to ensure that 
contracting officials are appropriately considering the past 
performance and misconduct of contractors.
  The source of the oversight regime's ineffectiveness also lies in its 
design, which is in need of both consolidation and modernization.
  When contracting officials begin to review a company's contracting 
history, the information they need is spread across numerous databases. 
They have to navigate an unorganized array of databases, including: the 
Excluded Parties List System, Central Contractor Registry, Contractor 
Performance Assessment Reporting System, Federal Assistance Award Data 
System, Federal Awardee Performance and Integrity Information System, 
Federal Business Opportunities Database, Federal Procurement Data 
System-Next Generation, Past Performance Information Retrieval System, 
and USAspending.gov, among others.
  We must integrate these databases to ensure that contracting 
officials have a one-stop source for relevant contracting information. 
I am pleased that the General Services Administration has taken some 
positive steps in this direction, but any consolidation must be 
comprehensive. Accordingly, this bill requires the Office of Management 
and Budget to develop and submit a plan to integrate and consolidate 
the nine most important databases into a single searchable and linked 
network.
  Another reason why suspended and debarred companies continue to 
receive federal contracts in error is because the unique identification 
system used to track companies is ineffective and in need of 
modernization. The Government Accountability Office has documented that 
the current identification system fails to adequately track 
subsidiaries, spin-offs, shell companies, and other related entities. 
This weak tracking system permits some suspended and debarred companies 
to access federal dollars to which they are not legally entitled.
  To that end, this bill requires the Inspector General of the General 
Services Administration to determine whether the existing system of 
identifying numbers for contractors is adequately tracking Federal 
contractors, and develop a plan for developing and adopting a new and 
more robust identification system.
  I urge my colleagues to support this bill. The American people 
entrust us with their hard-earned tax dollars, and we have a 
responsibility to ensure that their money is being spent appropriately.
                                 ______
                                 
      By Mr. BEGICH (for himself and Mr. Grassley):
  S. 3325. A bill to amend title 38, United States Code, to authorize 
the waiver of the collection of copayments for telehealth and 
telemedicine visits of veterans, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. BEGICH. Mr. President, today I rise to introduce legislation to 
amend title 38, related to this Nation's obligation to provide benefits 
to our veterans. Specifically, the bill I introduce today with my 
distinguished colleague, Senator Grassley of Iowa will waive collection 
of copayments for telehealth and telemedicine visits for veterans.
  More than 42,000 veterans are receiving care in their homes, enrolled 
in the Veterans Health Administration, VHA, Telemedicine program as one 
form of treatment. In Alaska, as of March 2010, there were 226 veterans 
receiving this service. Just over 100 of those live in rural Alaska.
  Home Telehealth programs provide needed care for the 2-3 percent of 
veterans who account for 30 percent or more of agency resources. These 
men and women are frequent clinic attendees and often require urgent 
hospital admissions. VHA programs have demonstrated reduced hospital 
admissions and clinic and emergency room visits, and contribute to an 
improved quality of life for our veterans.
  For no group of veterans is this service more important than for 
those who live in rural and remote Alaska. Telemedicine has become an 
increasingly integral component in addressing the needs of veterans 
residing in rural and remote areas, and is critical to ensuring they 
have proper access to health care, especially in rural areas.
  While the VHA is saving taxpayers money by using telemedicine, 
currently all telemedicine visits require veterans receiving these 
treatments to make copayments. My legislation would implement a simple 
fix. It would waive the required copayments--sometimes up to $50.00 per 
visit--to lessen the burden on our veterans, who have sacrificed in 
service to our great Nation. I believe that waiving these fees may 
encourage more veterans to take advantage of VHA's telehealth programs, 
which can be a godsend for rural veterans with few other viable 
options.
  For rural veterans in Alaska, who have to travel by small float 
planes or boats or even snow machines to get to the nearest clinic for 
monitoring of their diabetes, high blood pressure, or other chronic 
conditions, Congress can go a long way in repaying this Nation's debt 
to our veterans by passing this legislation.
  The VHA plans to expand Home Telehealth for weight management, 
substance abuse, mild traumatic brain injury, dementia, and palliative 
care, as well as enabling veterans to use mobile devices to access 
care. I would hate to see these vital services go unused by veterans 
living in remote Alaskan villages because of the cost of copayments. 
But, this is not primarily about saving veterans money. This is about 
the Federal Government doing what is good for our veterans. The 
monetary benefits for veterans are a plus.
  Basically, this legislation will amend title 38 to authorize the 
waiver of the collection of copayments for telehealth and telemedicine 
visits of veterans by giving the Secretary the authority to do so.

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  In closing, I must say it is an honor for me to serve as a member of 
the Senate Veterans' Affairs Committee. I feel very privileged to be 
involved with policy formation that helps our veterans, and indeed to 
be at the same table as the distinguished chairman of the committee, a 
veteran of World War II himself, Senator Daniel Akaka, who throughout 
his service in Congress has been a true advocate for our veterans. I 
appreciate the guidance he has provided me, and the assistance his 
staff has provided mine in preparation of this legislation.
  This is a bipartisan bill to address an issue with no partisan 
connection. I strongly encourage my colleagues to join Senator Grassley 
and me in co-sponsoring this legislation, and I urge expeditious 
consideration of the legislation to address a growing need for our 
rural veterans.

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