[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2383 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2383
To amend title 10, United States Code, to require the registration of
contractors' taxpayer identification numbers in the Central Contractor
Registry database of the Department of Defense, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2004
Mr. Coleman (for himself, Mr. Levin, Ms. Collins, and Mr. Reed)
introduced the following bill; which was read twice and referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to require the registration of
contractors' taxpayer identification numbers in the Central Contractor
Registry database of the Department of Defense, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Contractor Registry Act of
2004''.
SEC. 2. CENTRAL CONTRACTOR REGISTRY DATABASE.
(a) Authority.--Chapter 137 of title 10, United States Code, is
amended by inserting after section 2302d the following new section:
``Sec. 2302e. Central contractor registry
``(a) Establishment.--The Secretary of Defense shall maintain a
centralized, electronic database for the registration of sources of
property and services who seek to participate in contracts and other
procurements entered into by the various procurement officials of the
United States. The database shall be known as the `Central Contractor
Registry'.
``(b) Taxpayer Information.--(1) The Central Contractor Registry
shall include the following tax-related information for each source
registered in that registry:
``(A) Each of that source's taxpayer identification
numbers.
``(B) The source's authorization for the Secretary of
Defense to obtain from the Commissioner of Internal Revenue--
``(i) verification of the validity of each of that
source's taxpayer identification numbers; and
``(ii) in the case of any of such source's
registered taxpayer identification numbers that is
determined invalid, the correct taxpayer identification
number (if any).
``(2)(A) The Secretary of Defense shall require each source, as a
condition for registration in the Central Contractor Registry, to
provide the Secretary with the information and authorization described
in paragraph (1).
``(B) The Secretary shall--
``(i) warn each source seeking to register in the Central
Contractor Registry that the source may be subject to backup
for a failure to submit each such number to the Secretary; and
``(ii) take the actions necessary to initiate the backup
withholding in the case of a registrant who fails to register
each taxpayer identification number valid for the registrant
and is subject to the backup withholding requirement.
``(3) A source registered in the Central Contractor Registry is not
eligible for a contract entered into under this chapter or title III of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
251 et seq.) if that source--
``(A) has failed to provide the authorization described in
paragraph (1)(B);
``(B) has failed to register in that registry all valid
taxpayer identification numbers for that source; or
``(C) has registered in that registry an invalid taxpayer
identification number and fails to correct that registration.
``(4)(A) The Secretary of Defense shall make arrangements with the
Commissioner of Internal Revenue for each head of an agency within the
Department of Defense to participate in the taxpayer identification
number matching program of the Internal Revenue Service.
``(B) The Commissioner of Internal Revenue shall cooperate with the
Secretary of Defense to determine the validity of taxpayer
identification numbers registered in the Central Contractor Registry.
As part of the cooperation, the Commissioner shall promptly respond to
a request of the Secretary of Defense or the head of an agency within
the Department of Defense for electronic validation of a taxpayer
identification number for a registrant by notifying the Secretary or
head of an agency, respectively, of--
``(i) the validity of that number; and
``(ii) in the case of an invalid taxpayer identification
number, any correct taxpayer identification number for such
registrant that the Commissioner can promptly and reasonably
determine.
``(C) The Secretary shall transmit to a registrant a notification
of each of the registrant's taxpayer identification numbers, if any,
that is determined invalid by the Commissioner of Internal Revenue and
shall provide the registrant with an opportunity to substitute a valid
taxpayer identification number.
``(5) The Secretary of Defense shall require that, at the place in
the Central Contractor Registry where the taxpayer identification
numbers of a registrant are to be displayed, the display bear (as
applicable)--
``(A) for each taxpayer identification number of that
registrant, an indicator of whether such number has been
determined valid, is being reviewed for validity, or has been
determined invalid; or
``(B) an indicator that no taxpayer identification number
is required for the registrant.
``(6) This subsection applies to each source who registers any
information regarding that source in the Central Contractor Registry
after December 31, 2004, except that paragraphs (1), (2), and (3) do
not apply to a source who establishes to the satisfaction of the
Secretary of Defense that such source is not required to have a
taxpayer identification number.
``(c) Confidentiality of Information.--The Secretary of Defense
shall ensure that taxpayer identification numbers in the Central
Contractor Registry are not made available to the public. The Secretary
shall prescribe a requirement for procurement officials of the United
States having access to such numbers in that registry to maintain the
confidentiality of those numbers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2302d the following new item:
``2302e. Central Contractor Registry.''.
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