To improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the Government-wide suspension and debarment system.

Summary: Contractors and Federal Spending Accountability Act of 2008 - (Sec. 2) Requires the Administrator of General Services, subject to the authority of the Director of the Office of Management and Budget (OMB), to establish and maintain on a General Services Administration (GSA) website a database of information regarding the integrity and performance of persons awarded federal contracts and grants for use by federal officials. Authorizes appropriations. Requires the Administrator to make the database available to all federal agencies.

Requires the database to include information, for the last five years, regarding: (1) any civil or criminal proceeding, or and administrative proceeding resulting in a finding of fault and payment of restitution to a government of $5,000 or more, concluded by the federal government and state governments against such persons; and (2) federal contacts and grants terminated due to defaults by such persons; (3) federal suspensions and debarments of such persons; (4) federal and state administrative agreements to resolve suspension or debarment proceedings; and (5) final findings by a federal official that such a person has been determined not to be a responsible source under the Office of Federal Procurement Policy Act.

Requires federal regulations to be amended to require applicants for federal grants or contracts exceeding the simplified acquisition threshold to disclose such information in writing.

Requires the Administrator to develop policies to require: (1) notification of any covered person when information relevant to the person is entered into the database; and (2) an opportunity for any covered person to append comments to information about such person in the database.



(Sec. 3) Requires an official to: (1) review such database prior to awarding a contract or grant; and (2) document why a prospective contract or grant awardee against whom a judgment or conviction for the same offense, or similar offences, has been rendered more than once within any three-year period, if each judgment or conviction is a cause for debarment, is considered presently responsible.



(Sec. 5) Requires the Interagency Committee on Debarment and Suspension to: (1) resolve issues regarding determination of the lead agency responsible for initiating suspension or debarment proceedings; (2) coordinate actions among interested agencies; (3) encourage and assist federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the government-wide suspension and debarment system; (4) recommend to OMB changes to such system and its rules; (5) authorize OMB to issue guidelines that implement such recommendations; (6) authorize the Committee's chair to establish subcommittees; and (7) report to Congress annually on progress and efforts to improve such system, member agencies' active participation in the committee's work, and a summary of each agency's activities and accomplishments in such system. (Sec. 6) Allows federal agencies, commissions, or organizations not currently participating in the federal suspension and debarment system to participate and to recognize suspensions or debarments issued by participating agencies.

 (Sec. 8) Requires the Administrator to submit a report to Congress that includes: (1) a list of all databases that include information about federal contracting and grants; and (2) recommendations for legislation or administrative action to create a centralized, comprehensive federal contracting and grant database.

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--
            (1) any civil or criminal proceeding, or any administrative 
        proceeding to the extent that such proceeding results in both a 
        finding of fault on the part of the person and the payment of 
        restitution to a government of $5,000 or more, concluded by the 
        Federal Government or any State government against the person, 
        and any amount paid by the person to the Federal Government or 
        a State government;
            (2) all Federal contracts and grants awarded to the person 
        that were terminated in such period due to default;
            (3) all Federal suspensions and debarments of the person in 
        that period;
            (4) all Federal administrative agreements entered into by 
        the person and the Federal Government in that period to resolve 
        a suspension or debarment proceeding and, to the maximum extent 
        practicable, agreements involving a suspension or debarment 
        proceeding entered into by the person and a State government in 
        that period; and
            (5) all final findings 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.

            Passed the House of Representatives April 23, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.