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Transparency In Government Act 2008 (Revised)

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Title V - Transparency In Federal Contracting

Sec. 504. Recipient Performance Transparency.

  1. In General- The Act as amended by section 4 is amended by adding at the end the following:



    1. `SEC. 7. RECIPIENT PERFORMANCE TRANSPARENCY AND TAX COMPLIANCE.



      1. `(a) Performance Transparency- The Director of the Office of Management and Budget shall ensure that the unique identifier required in section 2(b)(1)(E) that is used to link information on the website described in section 2 is also used to link information about performance of individual contractors and recipients of financial assistance starting with awards given in fiscal year 2008 including—



        1. `(1) an assessment of the quality of work performed on Federal awards during the past 5 years, but not before fiscal year 2008;


        2. `(2) information about Federal audit disputes and resolutions;


        3. `(3) information regarding civil, criminal, and administrative actions initiated or concluded by the Federal Government or a State government against Federal awards recipients or violations of Federal or State laws or regulations during the preceding 5 years including, but not limited to—



          1. `(A) with respect to each proceeding—



            1. `(i) a brief description of the proceeding and its disposition;


            2. `(ii) any amount paid by the person to the Federal Government or a State government; and


            3. `(iii) any violation of law or regulations, if applicable, related to the workplace, environmental protection, fraud, securities, and consumer protections including—



              1. `(I) those affecting worker safety and health;


              2. `(II) working pay and leave rights;


              3. `(III) workplace discrimination, including trafficking in persons;


              4. `(IV) labor relations;


              5. `(V) the Clean Air Act, Clean Water Act, the Resource Conservation and Recovery Act, and other environmental enforcement actions;


              6. `(VI) whistleblower protections;


              7. `(VII) Security and Exchange Commission actions; and


              8. `(VIII) Federal Trade Commission actions;






          2. `(B) all Federal contracts and assistance awarded to the Federal awards recipient that were terminated in such period due to default;


          3. `(C) all Federal suspensions and debarments of the Federal awards recipient in that period;


          4. `(D) all Federal suspension and debarment show cause orders received by the Federal awards recipient in that period; and


          5. `(E) all administrative agreements signed with such Federal awards recipient in that period; and




        4. `(4) publicly available Government reports, including those from the Government Accountability Office, Congressional Research Service, Congressional Budget Office, and agency inspectors general, concerning general contractor or assistance recipient performance or specific instances of waste, fraud, and abuse.




      2. `(b) Tax Compliance-



        1. `(1) IN GENERAL- The chief executive officer of an entity that receives a Federal award shall be required to certify whether—



          1. `(A) the entity has filed all Federal tax returns required during the preceding 5 years;


          2. `(B) the entity has been convicted of a criminal offense under the Internal Revenue Code of 1986; and


          3. `(C) the entity has an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code that is not—



            1. `(i) being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; or


            2. `(ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending.






        2. `(2) OMB- The Director of the Office of Management and Budget shall—



          1. `(A) develop the certification forms required by paragraph (1);


          2. `(B) ensure that each agency providing Federal awards complies with the requirements of this subsection; and


          3. `(C) after January 1, 2009, ensure that the website described in section 2 contains information collected under paragraph (1).’.











  2. Effective Date- The amendments made by subsection (a) shall be implemented not later than June 30, 2009.