I 
110TH CONGRESS 
1ST SESSION H. R. 3033 
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 HOUSE OF REPRESENTATIVES 
JULY 12, 2007 
Mrs. MALONEY of New York (for herself and Mr. TOWNS) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Contractors and Fed-
eral Spending Accountability Act of 2007’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) NEED FOR DATABASE.—(A) By spending 
over $419,000,000,000 on procurement awards for 
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fiscal year 2006 and $440,000,000,000 on grants 
for fiscal year 2005 for goods and services, the Fed-
eral Government is the largest purchaser of goods 
and services in the world. 
(B) It is required by law and in the best inter-
est of the Federal Government and its taxpayers to 
award contract and assistance to persons that are 
responsible and have a suitable record of integrity 
and business ethics. 
(C) The Past Performance Information Re-
trieval System (PPIRS), the Excluded Parties List 
System (EPLS), the Central Contracting Registra-
tion (CCR), the Federal Procurement Data System 
(FPDS), and the Federal Assistance Award Data 
System (FAADS) include records and data related 
to contractors and Federal spending. However, there 
is no centralized, comprehensive Government data-
base on judicial actions, consent decrees, administra-
tive agreements, terminations, or settlements with 
respect to potential Federal contractors or assistance 
participants. 
(D) The lack of this information compromises 
the Federal Government’s ability to safeguard the 
integrity of the Federal procurement and assistance 
activities. 
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(E) It is in the best business interests of the 
Federal Government to have all information possible 
regarding potential contractors’ and assistance par-
ticipants’ performance and integrity records to as-
sure that persons with which the Government does 
business are presently responsible. 
(2) 
REALITY
OF
SUSPENSIONS
AND 
DEBARMENTS OF TOP 50 FEDERAL CONTRACTORS.— 
(A) According to the Department of Jus-
tice, the Government recovered a record 
$3,100,000,000 in settlements and judgments 
in cases involving allegations of fraud against 
the Government in fiscal year 2006 and has re-
covered $18,000,000,000 since 1996. 
(B) According to the Project on Govern-
ment Oversight’s Federal Contractor Mis-
conduct Database, since 1995, of the top 50 
Federal contractors based on total contract dol-
lars received, 9 have a total of 12 resolved 
criminal cases totaling $161,000,000 in pen-
alties paid. 
(C) According to the Project on Govern-
ment Oversight’s Federal Contractor Mis-
conduct Database, since 1995, such 50 contrac-
tors have paid approximately $12,000,000,000 
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in fines, penalties, restitution, and settlements, 
and more than 350 instances of misconduct 
have been identified. 
(3) NEED FOR DATABASE NOT FULFILLED.— 
(A) There is no centralized, comprehensive 
Government listing of criminal or civil indict-
ments, convictions, fines, penalties, restitution, 
administrative agreements, and settlement as-
sessments relating to contractors or assistance 
participants. 
(B) Prospective Federal contractors are re-
quired to have a satisfactory record of integrity 
and business ethics pursuant to Federal Acqui-
sition Regulation subpart 9.104, and assistance 
participants must be credible, but they are not 
required to disclose all relevant criminal, civil, 
or administrative rulings or resolutions during 
the Federal procurement or assistance award 
process. 
(C) Without such a database or disclosure, 
Federal contracting officers and suspension and 
debarment officials lack important information 
relevant to present responsibility. 
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SEC. 3. DATABASE FOR CONTRACTING OFFICERS AND SUS-
PENSION AND DEBARMENT OFFICIALS. 
(a) IN GENERAL.—The Administrator of General 
Services shall establish and maintain a database of infor-
mation regarding integrity and performance of Federal 
contracts and assistance recipients for use by Federal con-
tracting officers, Federal officials having authority to sus-
pend or debar persons from Federal contracts or assist-
ance, and Federal officials having authority over grant as-
sistance. 
(b) INFORMATION INCLUDED.—The database— 
(1) shall consist of information regarding civil, 
criminal, and administrative proceedings initiated or 
concluded by the Federal Government and State 
governments against Federal contractors or assist-
ance recipients; and 
(2) shall include with respect to each person 
awarded a Federal contract or assistance— 
(A) information regarding all proceedings 
referred to in paragraph (1) against that person 
in at least the most recent 5-year period; 
(B) with respect to each proceeding— 
(i) a brief description of the pro-
ceeding; and 
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(ii) any amount paid by the person to 
the Federal Government or a State govern-
ment; 
(C) all Federal contracts and assistance 
awarded to the person that were terminated in 
such period due to default; 
(D) 
all 
Federal 
suspensions 
and 
debarments of the person in that period; 
(E) all Federal suspension and debarment 
show cause orders received by the person in 
that period; and 
(F) all administrative agreements signed 
with such person in that period. 
(c) INPUT OF DATA.—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 assist-
ance recipients. 
(d) AVAILABILITY.—The Administrator shall make 
the database available to all Federal agencies and to the 
public by posting the database on the General Services Ad-
ministration website. 
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SEC. 4. SUSPENSION AND DEBARMENT PRESUMPTION FOR 
REPEAT 
VIOLATORS 
AND 
POOR 
PER-
FORMERS. 
(a) IN GENERAL.—Federal agency suspension and 
debarment regulations shall be amended by no later than 
180 days after the date of the enactment of this Act to 
provide that a person shall be presumed nonresponsible 
with respect to award of a Federal contract or assistance 
if the person has rendered against the person twice within 
any 3-year period a judgment or conviction for the same 
offense, or similar offenses, if each conviction constitutes 
a cause for debarment under the Government-wide debar-
ment system. 
(b) REBUTTAL.—The presumption under subsection 
(a) shall be rebutted only if the person demonstrates, by 
clear and convincing evidence, that the person is presently 
responsible and has corrected the conditions that gave rise 
to the violations. 
(c) REPEAT VIOLATIONS.—An agency suspension 
and debarment official may deem evidence of repeat viola-
tions under subsection (a) as sufficient reason to find that 
immediate action is necessary to suspend a person under 
the regulations until the person fulfills the requirements 
of subsection (b). 
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SEC. 5. DISCLOSURE IN APPLICATIONS. 
Federal regulations shall be amended by no later than 
180 days after the date of the enactment of this Act to 
require that in applying for any Federal contract or assist-
ance, whether by submission of a proposal, any solicita-
tion, bid, or other offer, a person shall disclose in writ-
ing— 
(1) all Federal or State suspensions or 
debarments of the person from contracts or assist-
ance in the 5-year period preceding the date of sub-
mission of the application; 
(2) all suspension and debarment show cause 
orders with respect to Federal contracts or assist-
ance that the person is implementing within 5 years 
after the date of submission of the application. 
(3) all civil, criminal, and administrative pro-
ceedings against the person by the Federal Govern-
ment or any State that occurred in the 5-year period 
preceding the date of submission of the application; 
(4) all administrative, civil, and criminal settle-
ments, agreements, consent decrees, enforcement ac-
tions, corrective actions, compelling reason waivers, 
and other like judgments, orders, decisions, and final 
dispositions with respect to Federal contracts or as-
sistance that the person is implementing within 5 
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years after the date of submission of the application; 
and 
(5) all Federal contracts and assistance award-
ed to the person that were terminated due to default 
in the 5-year period preceding the date of submis-
sion of the application. 
SEC. 6. ROLE OF INTERAGENCY COMMITTEE. 
The Interagency Committee on Debarment and Sus-
pension shall— 
(1) resolve issues regarding which of several 
Federal agencies is the lead agency having responsi-
bility to initiate suspension or debarment pro-
ceedings; 
(2) coordinate actions among interested agen-
cies 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 govern-
mentwide 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 rec-
ommendations are approved by a majority of the 
Interagency Committee; 
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(5) authorize the Office of Management and 
Budget to issue guidelines that implement those rec-
ommendations; 
(6) authorize the chair of the Committee to es-
tablish subcommittees as appropriate to best enable 
the Interagency Committee to carry out its func-
tions; 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 de-
barment system. 
SEC. 7. AUTHORIZATION OF INDEPENDENT AGENCIES. 
Any agency, commission, or organization of the Fed-
eral 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. 
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SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Ad-
ministrator of General Services such funds as may be nec-
essary to establish the database for contracting officers 
and suspension and debarment officials under section 3. 
SEC. 9. REPORT TO CONGRESS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Adminis-
trator of General Services shall submit to Congress a re-
port. 
(b) CONTENTS OF REPORT.—The report shall con-
tain the following: 
(1) A list of all databases that include informa-
tion about Federal contracting and Federal assist-
ance. 
(2) Recommendations for further legislation or 
administrative action that the Administrator con-
siders appropriate to create a centralized, com-
prehensive Federal contracting and Federal assist-
ance database. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) 
INTERAGENCY
COMMITTEE.—The 
term 
‘‘Interagency Committee on Debarment and Suspen-
sion’’ means such committee constituted under sec-
tions 4 and 5 and of Executive Order 12549. 
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(2) 
ASSISTANCE.—The 
term 
‘‘assistance’’ 
means Federal grants, cooperative agreements, 
loans, loan guarantees, and other benefits included 
as covered transactions under the governmentwide 
nonprocurement suspension and debarment rules. 
(3) CONTRACT.—The term ‘‘contract’’ means 
those direct procurement transactions covered by 
subpart 9.4 of the Federal Acquisition Regulation. 
Æ 
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