I 
108TH CONGRESS 
1ST SESSION H. R. 2767
To improve Federal agency oversight of contracts and assistance and to 
strengthen accountability of the governmentwide debarment and suspen-
sion system. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2003
Mrs. MALONEY (for herself, Mr. KING of New York, Mr. KANJORSKI, Mr. 
GARY G. MILLER of California, Mr. TOWNS, Mr. OWENS, and Mr. 
KUCINICH) introduced the following bill; which was referred to the Com-
mittee on Government Reform 
A BILL 
To improve Federal agency oversight of contracts and assist-
ance and to strengthen accountability of the government-
wide debarment and suspension 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 Account-
ability Act of 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds the following:
(1) NEED FOR DATABASE.—(A) By spending 
over $215,000,000,000 a year on procurement and 
nonprocurement awards for goods and services, the 
Federal Government is the largest consumer in the 
world. 
(B) It is in the best interest of the Federal 
Government and its taxpayers to award contract and 
assistance to entities that are responsible and have 
a suitable record of integrity and business ethics. 
(C) There is no centralized, comprehensive 
database on judicial actions, consent decrees, admin-
istrative agreements, terminations, or settlements 
with respect to potential Federal contractors or as-
sistance participants. 
(D) Federal officials do not have the resources 
necessary to assemble such information for each 
Federal procurement award. 
(E) The lack of this information compromises 
the Federal Government’s ability to safeguard the 
integrity of the Federal procurement and assistance 
activities. 
(F) 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
DEBARMENTS
AND
SUSPEN-
SIONS OF TOP 43 FEDERAL CONTRACTORS.—Since 
1990—
(A) of the top 43 Federal contractors 
based on total contract dollars received—
(i) 16 have a total of 28 criminal con-
victions; and 
(ii) 4 of the top ten have at least 2 
criminal convictions; 
(B) such 43 contractors have paid a total 
of $3,400,000,000 in fines, penalties, restitu-
tion, settlements, and clean-up costs under the 
Superfund program; and 
(C) despite such fines and criminal convic-
tions, only one of the 43 contractors has been 
debarred or suspended from contracting with 
the Federal Government, for only 5 days. 
(3) NEED FOR DATABASE NOT FULFILLED.—
(A) There is no centralized listing of crimi-
nal or civil indictments, convictions, fines, pen-
alties, restitution, and settlement assessments 
relating to contractors or assistance partici-
pants.
(B) Potential Federal contractors or assist-
ance participants are not required to disclose all 
relevant criminal, civil, or administrative rulings 
or resolutions during the Federal procurement 
award process. 
(C) Without such a database or disclosure, 
Federal award officials and debarment officials 
lack important information relevant to present 
responsibility. 
SEC. 3. DATABASE FOR FEDERAL DEBARMENT OFFICIALS 
AND CONTRACTING OFFICERS. 
(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 pro-
curement award officials and Federal officials having au-
thority to debar or suspend persons from Federal con-
tracts or assistance. 
(b) INFORMATION INCLUDED.—The database—
(1) shall consist of information regarding judi-
cial and administrative proceedings initiated or con-
cluded by the Federal Government and State govern-
ments against Federal contractors or assistance re-
cipients; and
(2) shall include with respect to each entity 
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 
(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 debarments and suspen-
sions of the person in that period; and 
(E) all Federal suspension and debarment 
or 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 in accordance with section 552 of title 5, United 
States Code, popularly known as the Freedom of Informa-
tion Act. 
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 an entity shall be presumed nonresponsible 
with respect to award of a Federal contract or assistance 
if the entity has rendered against it 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 governmentwide debarment sys-
tem. 
(b) REBUTTAL.—The presumption under subsection 
(a) shall be rebutted only if the entity demonstrates, by 
clear and convincing evidence, that the entity is presently 
responsible and has corrected the conditions that gave rise 
to the violations. 
(c) REPEAT VIOLATIONS.—An agency suspending of-
ficial may deem evidence of repeat violations under sub-
section (a) as sufficient reason to find that immediate ac-
tion is necessary to suspend an entity under the regula-
tions until the entity fulfills the requirements of subsection 
(b). 
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, an entity shall disclose in writ-
ing—
(1) all Federal or State debarments or suspen-
sions of the entity from contracts or assistance in 
the 5-year period preceding the date of submission 
of the application; 
(2) all judicial and administrative proceedings 
against the entity by the Federal Government or any 
State that occurred in the 5-year period preceding 
the date of the application; and 
(3) all administrative agreements with respect 
to Federal contracts or assistance that the entity is 
implementing to avoid suspension or debarment 
within 5 years of the date of the submission 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 debarment and 
suspension system and its rules, if such rec-
ommendations are approved by a majority of the 
Interagency Committee; 
(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. 
SEC. 8. USE OF PAYMENTS UNDER ADMINISTRATIVE 
AGREEMENTS. 
(a) IN GENERAL.—A Federal agency may—
(1) retain amounts described in subsection (b); 
and 
(2) use those amounts solely—
(A) to administer, review, or oversee com-
pliance with suspension or debarment adminis-
trative agreements; and
(B) for costs associated with establishing 
and maintaining the database under section 3, 
including for input and update of information 
in the database. 
(b) AMOUNTS DESCRIBED.—The amounts referred to 
in subsection (a) are amounts received by the agency as 
payment made by any Federal contractor or assistance 
participant pursuant to an administrative agreement with 
respect to a Federal contract or assistance activity. 
(c) RESTRICTION.—Amounts retained under sub-
section (a)(1) may not be used for agency administration 
or expenses not described in subsection (a)(2). 
SEC. 9. 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. 
(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.
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