Contractors and Federal Spending Accountability Act of 2008

Bill: 110-hr-3033
Sponsor: Rep. Maloney, Carolyn B. [D-NY-14]
Introduced: 2007-07-12 in the House
Policy area: Government Operations and Politics
Subjects: Administrative procedure
Congress
Congressional reporting requirements
Court records
Data banks
Economics and Public Finance
Electronic government information
Evidence (Law)
Federally-guaranteed loans
Finance and Financial Sector
Fines (Penalties)
Fraud
General Services Administration
Government contractors
Government lending
Government paperwork
Government procurement
Government publicity
Grants-in-aid
Internet
Law
Liability (Law)
Science, Technology, Communications
Web sites

Summary:
action_date: 2007-07-12
text: 
Contractors and Federal Spending Accountability Act of 2007 - Directs the Administrator of General Services to establish and maintain on a General Services Administration (GSA) website a database of information regarding integrity and performance of federal contracts and assistance recipients for use by federal contracting officers, federal officials having authority to debar or suspend persons from federal contracts or assistance, and federal officials having authority over grant assistance. Requires the database to include information regarding: (1) civil, criminal, and administrative proceedings brought by the federal government and state governments against contractors or assistance recipients; and (2) federal suspensions and debarments of such recipients. 
 
Requires federal agency suspension and debarment regulations to be amended to provide that a person shall be presumed to be nonresponsible with respect to the award of a federal contract or assistance if a judgment or conviction for the same offense constituting a cause for federal debarment has been rendered against the person twice within any three-year period
Requires a person applying for any federal contract or assistance to disclose: (1) all federal or state suspensions or debarments, all civil, criminal, and administrative proceedings brought against such person, and all federal contracts and assistance awarded to the person that were terminated due to default, in the preceding five years; and (2) all suspension and debarment show cause orders, and all judgments, orders, decisions, and final dispositions with respect to federal contracts or assistance, that the person is implementing within five years after the date of submission of the application. 
Requires the Interagency Committee on Debarment and Suspension to take certain actions with respect to federal suspension or debarment proceedings, including resolving issues and coordinating actions among federal agencies. 
Allows federal agencies, commissions, or organizations not currently participating in the federal suspension and debarment system to do so. 

action_date: 2008-04-18
text: 
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 integrity and performance of federal contracts and grant recipients for use by federal officials. Authorizes appropriations.

Requires the database to include information, for the last five years, regarding: (1) civil, criminal, and administrative proceedings concluded by the federal government and state governments against contractors or grant recipients; and (2) federal contacts and grants terminated due to defaults; (3) federal suspensions and debarments of recipients; (4) federal and state administrative agreements to resolve suspension or debarment proceedings; and (5) final findings by a federal official that a recipient is not a responsible source as defined in federal procurement law. Requires the Administrator to make the database available to all federal agencies.

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. 

(Sec. 3) Requires federal agency suspension and debarment regulations to be amended to require issuance of a notice of proposed debarment to contractors or grant recipients against whom a judgment or conviction for the same offense, or similar offenses, is rendered twice within any three-year period if each judgment or conviction constitutes a cause for debarment.

 
(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.
action_date: 2008-04-23
text: 
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.

Legislative actions:
action_date: 2008-04-24
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2008-04-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-04-23
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2569-2570)
action_date: 2008-04-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H2569-2570)
action_date: 2008-04-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3033.
action_date: 2008-04-23
text: Considered under suspension of the rules. (consideration: CR H2569-2572)
action_date: 2008-04-23
text: Mr. Towns moved to suspend the rules and pass the bill, as amended.
action_date: 2008-04-18
text: Placed on the Union Calendar, Calendar No. 369.
action_date: 2008-04-18
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-596.
action_date: 2008-04-18
text: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-596.
action_date: 2008-03-13
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-03-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-03-11
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2008-03-11
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2007-07-17
text: Referred to the Subcommittee on Government Management, Organization, and Procurement.
action_date: 2007-07-13
text: Sponsor introductory remarks on measure. (CR E1519-1520)
action_date: 2007-07-12
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2007-07-12
text: Introduced in House
action_date: 2007-07-12
text: Introduced in House