,i #aacth ,,congress #ast ,session ,h4 ,r4 #biab ,,in ,,the ,,house ,,of ,,representatives ,august #a1 #bjac ,mr4 ,chaffetz 7for himself1 ,mr4 ,coffman1 ,mr4 ,tierney1 and ,ms4 ,speier7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide authority for the ,special ,inspector ,general for ,afghanistan ,reconstruction to suspend and debar contractors under certain circumstances4 #a4 ,short title ,this ,act may be cited as the ,afghanistan ,suspension and ,debarment ,reform ,act4 #b4 ,suspension and debarment authority for ,special ,inspector ,general for ,afghanistan ,reconstruction under certain circumstances 7a7 ,suspension and debarment process ,section #abbi7;g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #e ,u4,s4,c4 ,app47 is amended by adding at the end the following new paragraph3 7#c7 ,suspension and debarment 7,a7 ,referral of case to lead agency ,in carrying out the duties1 responsibilities1 and authorities set forth under this section1 the ,inspector ,general 7or the ,inspector ,general's designee7 may refer a potential suspension or debarment case described in subparagraph 7,b7 to the lead agency for that suspension or debarment4 ,if such a referral is made1 the ,inspector ,general shall notify the ,interagency ,committee on ,debarment and ,suspension and the congressional committees described in subparagraph 7,g7 of the referral4 ,if the ,inspector ,general is unable to determine which agency is the lead agency for purposes of a referral under this subparagraph1 the ,inspector ,general shall request the ,interagency ,committee to resolve the issue of which agency is the lead agency1 in accordance with section #hgc of the ,duncan ,hunter ,national ,defense ,authorization ,act for ,fiscal ,year #bjji 7,public ,law #aaj-dag2 #ca ,u4,s4,c4 #faja note74 7,b7 ,covered cases 7i7 ,a potential suspension or debarment case described in this subparagraph is a case involving a person that is an ,afghan national or foreign national or foreign company operating in ,afghanistan that has received in the past1 is receiving1 or may receive in the future1 funds from any-- 7,i7 covered prime contract2 or 7,,ii7 covered subcontract4 7ii7 ,in this subparagraph3 7,i7 ,the term covered prime contract means a prime contract that is a contract described in subsection 7i77#b74 7,,ii7 ,the term covered subcontract means a subcontract that is a contract described in subsection 7i77#b7 under a covered prime contract4 7,c7 ,acceptance or declination of case ,not later than #cj days after the date of referral of a suspension or debarment case under subparagraph 7,a71 the lead agency shall-- 7i7 accept or decline the case2 and 7ii7 submit to the ,inspector ,general and the ,interagency ,committee a written notification and rationale for accepting or declining the case4 7,d7 ,determination by ,interagency ,committee if lead agency declines case ,if the lead agency declines to accept a suspension or debarment case referred under subparagraph 7,a7 or fails to respond to the referral1 the ,interagency ,committee shall make a determination1 not later than #de days after the date of the referral of the case under subparagraph 7,a71 regarding whether the ,inspector ,general shall act as lead agency in the case4 ,the ,interagency ,committee shall submit to the congressional committees described in subparagraph 7,g7 a written notification of the determination4 7,e7 ,determination by lead agency if lead agency accepts case ,if the lead agency accepts a suspension or debarment case referred under subparagraph 7,a71 the agency shall make a determination1 not later than #fj days after the date of the referral of the case under subparagraph 7,a71 to either suspend or debar the person that is the subject of the case or decline to suspend or debar the person4 ,if the lead agency declines to suspend or debar the person1 the lead agency shall1 not later than #ae days after the determination1 submit to the congressional committees described in subparagraph 7,g7 a written notification and rationale for the determination to decline to suspend or debar the person4 7,f7 ,suspension and debarment authority of ,inspector ,general 7i7 ,in general ,if the ,interagency ,committee determines under subparagraph 7,d7 that the ,inspector ,general may act as lead agency in a suspension or debarment case referred under subparagraph 7,a71 then the ,inspector ,general 7or the ,inspector ,general's designee7 may suspend or debar a person from procurement or nonprocurement activities of the ,federal ,government in accordance with regulations implementing the suspension and debarment system of the ,federal ,government1 including the ,federal ,acquisition ,regulation and the ,office of ,management and ,budget guidelines to agencies on governmentwide debarment and suspension 7nonprocurement7 in part #ahj of title #b of the ,code of ,federal ,regulations4 7ii7 ,exception ,in exercising the authority provided under clause 7i71 the ,inspector ,general 7or the ,inspector ,general's designee7 may1 with respect to a particular contract1 grant1 or other procurement or nonprocurement activity1 grant an exception that permits a person debarred or suspended pursuant to clause 7i7 to submit an offer for or be awarded the contract1 grant1 or other activity4 ,if such an exception is granted1 the ,inspector ,general shall submit to the congressional committees described in subparagraph 7,g7 a written notification and rationale for the exception4 7,g7 ,committees described ,the committees described in this subparagraph are the following3 7i7 ,the ,committees on ,foreign ,affairs and on ,oversight and ,government ,reform of the ,house of ,representatives4 7ii7 ,the ,committees on ,foreign ,relations and on ,homeland ,security and ,governmental ,affairs of the ,senate4 4 7b7 ,definition of ,interagency ,committee ,section #abbi7m7 of such ,act 7,public ,law #aaj-aha2 #e ,u4,s4,c4 ,app47 is amended by adding at the end the following new paragraph3 7#c7 ,interagency ,committee on ,debarment and ,suspension ,the term ,interagency ,committee on ,debarment and ,suspension or ,interagency ,committee means the committee constituted under sections #d and #e of ,executive ,order ,no4 #abedi4 4 7c7 ,deadline for publication of rules ,the ,director of the ,office of ,management and ,budget shall publish any interim final rules submitted to the ,office to implement the amendments made by this ,act in the ,federal ,register within #cj days after the date of submission4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #c4 ,comptroller ,general study and report 7a7 ,study ,after the termination of the ,office of ,special ,inspector ,general for ,afghanistan ,reconstruction under section #abbi7o77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #abb ,stat4 #chj2 #e ,u4,s4,c4 ,app471 the ,comptroller ,general of the ,united ,states shall conduct a study on the authority and process provided under section #abbi7;g77#c7 of such ,act 7as added by section #b of this ,act74 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the study carried out under subsection 7a71 with such recommendations as the ,comptroller ,general considers appropriate with respect to the suspension and debarment system of the ,federal ,government4