,i #aacth ,,congress #ast ,session ,h4 ,r4 #ccde ,,in ,,the ,,house ,,of ,,representatives ,october #bh1 #bjac,mr4 ,issa 7for himself1 ,mr4 ,cummings1 ,mr4 ,mica1 ,mr4 ,chaffetz1 and ,ms4 ,speier7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to amend title #ca1 ,united ,states ,code1 to consolidate suspension and debarment offices1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,stop ,unworthy ,spending ,act or the ,,suspend ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,consolidation of suspension and debarment offices4,sec4 #c4 ,interagency ,suspension and ,debarment ,committee4,sec4 #d4 ,single case management system4,sec4 #e4 ,single regulation for procurement and nonprocurement programs4,sec4 #f4 ,government ,accountability ,office review4,sec4 #g4 ,coordination of remedies for fraud and corruption related to procurement and grant activities4,sec4 #h4 ,transfer1 redesignation1 and amendment of other provision of law relating to debarment and suspension4,sec4 #i4 ,definitions4,sec4 #aj4 ,authorization of appropriations4,sec4 #aa4 ,effective date4 #b4 ,consolidation of suspension and debarment offices 7a7 ,establishment of ,board of ,suspension and ,debarment 7#a7 ,in general ,subtitle ,v of title #ca1 ,united ,states ,code1 is amended by inserting after chapter #fc the following new chapter3 #fd ,suspension and ,debarment ,sec4#fdja4 ,board of ,suspension and ,debarment4#fdjb4 ,interagency ,suspension and ,debarment ,committee4#fdjc4 ,single regulation for suspension and debarment for procurement and nonprocurement programs4 #fdjd4 ,uniform suspension1 debarment1 or exclusion from procurement or nonprocurement activity4 #fdja4 ,board of ,suspension and ,debarment 7a7 ,establishment ,there is established in the ,general ,services ,administration a board for suspension and debarment to be known as the ,board of ,suspension and ,debarment 7in this section referred to as the ,board74 7b7 ,purposes ,the purposes of the ,board are to serve as a centralized body to manage all executive agency suspension and debarment activities and improve the suspension and debarment system through-- 7#a7 the transparent and efficient handling of cases2 7#b7 the effective oversight of the ,governmentwide database containing the list of all excluded parties ineligible for ,federal programs pursuant to ,executive ,orders ,no4 #abedi and ,no4 #abfhi1 including oversight to ensure receipt of information from other agencies and to ensure timeliness1 accuracy1 and completeness of the database2 7#c7 the consistent and fair treatment of all persons and entities subject to suspension or debarment proceedings1 including small businesses with limited resources2 and 7#d7 active engagement with remedy coordination officials 7as defined in section #bcjg7;i77#aj7 of title #aj and section #dejf of title #da7 within executive agencies for efficient referral of contractors1 grantees1 or other recipients of ,federal financial assistance suspected of committing wrongful actions or repeatedly performing poorly4 7c7 ,effect of determinations of ,board 7#a7 ,conclusive on governmentwide basis ,the determination by the ,board on whether or not to debar or suspend a contractor1 grantee1 or other recipient of ,federal financial assistance is conclusive on a ,governmentwide basis4 ,no other agency may take a contrary action on a ,governmentwide basis with respect to the same contractor1 grantee1 or other recipient based on the facts and circumstances in the administrative record considered by the ,board4 7#b7 ,consideration of new or additional evidence ,in considering any new or additional evidence of nonresponsibility of a contractor1 grantee1 or other recipient of ,federal financial assistance not previously considered by the ,board1 an agency1 in determining whether to award another grant or contract or other ,federal financial assistance to such contractor1 grantee1 or other recipient1 may consider the cumulative effect of the facts and circumstances previously considered by the ,board4 7d7 ,membership 7#a7 ,appointment ,the ,board shall consist of members appointed by the ,administrator of ,general ,services 7in consultation with the ,administrator for ,federal ,procurement ,policy7 from a register of applicants maintained by the ,administrator of ,general ,services1 in accordance with rules issued by the ,administrator of ,general ,services 7in consultation with the ,administrator for ,federal ,procurement ,policy7 for establishing and maintaining a register of eligible applicants and selecting members4 ,the ,administrator of ,general ,services shall appoint a member without regard to political affiliation and solely on the basis of the professional qualifications required to perform the duties and responsibilities of a member4 7#b7 ,chair ,the ,administrator of ,general ,services shall designate one member of the ,board to serve as ,chair of the ,board4 ,the position of ,chair of the ,board shall be a ,senior ,executive ,service position 7as defined by section #cacb7;a77#b7 of title #e74 7#c7 ,removal ,the ,administrator of ,general ,services1 with the consent of the ,administrator for ,federal ,procurement ,policy1 may remove the ,chair or any other member of the ,board4 7e7 ,sharing of resources ,the ,administrator of ,general ,services shall provide to the ,board such administrative resources as are necessary for the ,board to carry out its functions4 ,in carrying out this subsection1 the ,administrator may provide for the sharing of administrative resources of the ,civilian ,board of ,contract ,appeals1 such as the ,board's information technology infrastructure1 case management system1 legal resources1 and facilities4 7f7 ,participation by additional entities ,the ,board may enter into an agreement with any other entity that receives ,federal funds for the ,board to perform suspension and debarment activities on behalf of the entity4 7g7 ,annual report to ,congress 7#a7 ,in general ,not later than ,october #cj of each year1 the ,chair of the ,board shall submit to the relevant congressional committees a report containing the following3 7,a7 ,a summary of the activities and accomplishments of the ,board in the ,governmentwide suspension and debarment system1 including the total number of referrals1 timeliness of case disposition1 and breakdown of discretionary and nondiscretionary cases4 7,b7 ,recommendations to improve the suspension and debarment system4 7#b7 ,form of report ,the ,chair of the ,board may combine the report with the report required by section #fdjb7;c77#g7 of this title4 7h7 ,definitions ,in this section3 7#a7 ,executive agency ,the term executive agency has the meaning provided in section #acc of title #da4 7#b7 ,relevant congressional committees ,the term relevant congressional committees means each of the following3 7,a7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#c7 ,interagency ,suspension and ,debarment ,committee ,the term ,interagency ,suspension and ,debarment ,committee means the committee established under section #fdjb of this title4 4 7#b7 ,deadline for appointment of ,board members ,the members of the ,board of ,suspension and ,debarment under section #fdja of title #ca1 ,united ,states ,code1 as added by paragraph 7#a71 shall be appointed not later than one year after the date of the enactment of this ,act4 7#c7 ,clerical amendment ,the table of chapters at the beginning of subtitle ,v of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #fc the following new item3 #fd4,suspension and ,debarment#fdja 4 7b7 ,termination of executive agency suspension and debarment offices 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 effective on ,october #a1 #bjaf1 the suspension and debarment office or function in each executive agency shall terminate4 7#b7 ,waivers 7,a7 ,required waivers ,notwithstanding paragraph 7#a71 the ,director of the ,office of ,management and ,budget shall grant a waiver to any executive agency listed in section #ija7;b7 of title #ca1 ,united ,states ,code1 or section #ajb of title #e1 other than the ,general ,services ,administration1 that has demonstrated the existence of the following within the agency3 7i7 ,a dedicated suspension and debarment program and staff4 7ii7 ,detailed agency-specific policies and procedures relating to suspension and debarment4 7iii7 ,practices that encourage an active suspension and debarment referral process4 7iv7 ,in the case of an agency with multiple bureaus1 offices1 or subordinate organizations1 a consolidated suspension and debarment program with only one individual with the title and designation of ,suspension and ,debarment ,officer for the entire agency4 7v7 ,average annual disposition of discretionary suspension and debarment cases of #ej or more1 regardless of the outcome1 during the three preceding fiscal years4 7,b7 ,length of waiver ,a waiver under this paragraph shall be for five years and may be renewed more than once4 7#c7 ,small ,business ,administration ,notwithstanding paragraphs 7#a7 and 7#b71 the ,small ,business ,administration shall maintain its independent authority and function relating to suspension and debarment pursuant to section #af7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fde74 ,any other suspension and debarment activities unrelated to such section #af7;d7 shall terminate in accordance with paragraph 7#a74 7c7 ,guidance ,within #f months after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,chief ,acquisition ,officers ,council1 shall issue guidance addressing the scope and operation of the ,board of ,suspension and ,debarment4 ,the guidance shall address1 at a minimum1 the following3 7#a7 ,the size1 structure1 and organization of the ,board to efficiently manage all executive agency suspension and debarment actions4 7#b7 ,procedures for appointment of the ,chair of the ,board1 including appropriate instructions to appoint without regard to political affiliation and solely on the basis of the professional qualifications required to perform the duties and responsibilities of the ,chair of the ,board4 7#c7 ,procedures for handling new and existing suspension and debarment cases to accomplish timely transfer of all functions to the ,board4 #c4 ,interagency ,suspension and ,debarment ,committee 7a7 ,establishment ,chapter #fd of title #ca1 ,united ,states ,code1 as inserted by section #b7;a7 of this ,act1 is further amended by adding at the end the following new section3 #fdjb4 ,interagency ,suspension and ,debarment ,committee 7a7 ,establishment ,there is established the ,interagency ,suspension and ,debarment ,committee 7in this section referred to as the ,interagency ,committee which shall replace the committee constituted under sections #d and #e of ,executive ,order ,no4 #abedi4 7b7 ,chair and ,vice ,chairs 7#a7 ,chair ,the ,administrator for ,federal ,procurement ,policy shall serve as ,chair of the ,interagency ,committee4 7#b7 ,vice chairs ,there are at least #b ,vice ,chairs of the ,interagency ,committee4 ,the ,chair of the ,board of ,suspension and ,debarment shall serve as a ,vice ,chair4 ,the ,secretary of ,defense shall designate one official from the ,department of ,defense to serve as a ,vice ,chair4 7c7 ,duties ,the ,interagency ,committee shall-- 7#a7 resolve issues regarding which of several ,federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings1 including with respect to contracts in connection with contingency operations2 7#b7 coordinate actions among interested agencies with respect to such action2 7#c7 encourage and assist ,federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the ,governmentwide suspension and debarment system2 7#d7 recommend to the ,office of ,management and ,budget changes to the ,government suspension and debarment system and its rules1 if such recommendations are approved by a majority of the ,interagency ,committee2 7#e7 authorize the ,office of ,management and ,budget to issue guidelines that implement those recommendations2 7#f7 authorize the ,chair of the ,interagency ,committee to establish subcommittees as appropriate to best enable the ,interagency ,committee to carry out its functions2 and 7#g7 not later than ,october #cj of each year1 submit to ,congress an annual report on-- 7,a7 the progress and efforts to improve the suspension and debarment system2 7,b7 member agencies' active participation in the ,interagency ,committee's work2 and 7,c7 a summary of each agency's activities and accomplishments in the ,governmentwide suspension and debarment system1 including the total number of referrals1 timeliness of case disposition1 and breakdown of discretionary and nondiscretionary cases4 7d7 ,definition ,in this section1 the term contingency operation has the meaning given that term in section #aja7;a77#ac7 of title #aj4 4 7b7 ,conforming repeal of superseded provision ,section #hgc of ,public ,law #aaj-dag 7#ca ,u4,s4,c4 #faja note7 is hereby repealed4 ,the table of contents contained in section #b of ,public ,law #aaj-dag1 and at the beginning of title ,,viii of such public law1 is amended by striking the item relating to section #hgc4 #d4 ,single case management system 7a7 ,requirement ,to establish system ,not later than one year after the date of the enactment of this ,act1 the ,administrator for ,general ,services 7in consultation with the ,administrator for ,federal ,procurement ,policy7 shall establish and maintain a ,web-based suspension and debarment case management system for use by the ,board of ,suspension and ,debarment and appropriate executive agency officials having authority over suspension and debarment4 7b7 ,requirement for use of system ,the head of each executive agency shall ensure that all cases referred to either the ,board or the agency's suspension and debarment office 7in the case of an agency granted a waiver under section #b7;b77#b77 are logged into the case management system and that the case status and the name of the employee handling the case are updated at least once each month4 7c7 ,availability of information ,any pre-decisional information related to a suspension or debarment case1 including the names of the entities or individuals referred to1 shall not be made public unless the ,chair of the ,board or the suspension and debarment official of an executive agency granted a waiver under section #b7;b77#b7 determines that the release of such information is necessary to protect the interest of the ,government4 7d7 ,executive agency defined ,in this section1 the term executive agency has the meaning provided in section #acc of title #da1 ,united ,states ,code4 #e4 ,single regulation for procurement and nonprocurement programs 7a7 ,single regulation required ,chapter #fd of title #ca1 ,united ,states ,code1 as inserted by section #b7;a7 of this ,act1 is further amended by adding at the end the following new section3 #fdjc4 ,single regulation for suspension and debarment for procurement and nonprocurement programs 7a7 ,single regulation ,the ,director of the ,office of ,management and ,budget shall maintain one generally applicable regulation on suspension and debarment for procurement and nonprocurement programs4 7b7 ,requirements 7#a7 ,in general ,the regulation maintained pursuant to subsection 7a7 shall provide1 at a minimum1 for the procedures and other requirements set forth in paragraphs 7#b7 through 7#h74 7#b7 ,advance notice of adverse action ,the regulation shall provide procedures for the ,board to provide advance notice of adverse action before any adverse action may be taken against a private entity or individual1 unless the ,chair of the ,board of ,suspension and ,debarment or the suspension and debarment officer of an executive agency granted a waiver under section #b7;b77#b7 of the ,,suspend ,act determines that an expedient action is necessary to protect the interest of the ,government4 7#c7 ,transparent handling of cases ,the regulation shall provide procedures for transparent handling of all cases1 including public availability of-- 7,a7 the outcome of all referred cases1 including the rationale for the decision to take or not take an adverse action2 and 7,b7 the administrative agreements entered into by the ,government in order to resolve a suspension or debarment proceeding4 7#d7 ,timely referrals ,the regulation shall provide procedures to strengthen timely referral of cases1 including the role of the agency remedy coordination official 7as required in section #g of the ,,suspend ,act74 7#e7 ,consistent standards and procedures ,the regulation shall provide procedures to ensure consistent standards and procedures that treat all alleged violators fairly and expeditiously1 including small businesses with limited legal resources4 7#f7 ,repeated failure to perform ,the regulation shall provide procedures to strengthen the identification and referral 7for suspension or debarment consideration7 of contractors and grantees that repeatedly fail to perform4 7#g7 ,contingency procedures ,the regulation shall provide procedures for an expedited review process to handle contract or grant fraud in a non-traditional or time-sensitive environment1 either in a military or non-military setting4 4 7b7 ,requirement and deadline ,to combine regulations ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall combine the separate suspension and debarment regulations for procurement and nonprocurement programs into one generally applicable regulation4 #f4 ,government ,accountability ,office review 7a7 ,review ,the ,comptroller ,general of the ,united ,states shall review and assess the effectiveness in meeting the requirements of this ,act and the amendments made by this ,act of-- 7#a7 the ,board of ,suspension and ,debarment2 7#b7 the suspension and debarment office of each executive agency granted a waiver under section #b7;b77#b72 and 7#c7 the case management system established under section #d4 7b7 ,report ,not later than #b years after the establishment of the ,board of ,suspension and ,debarment1 the ,comptroller ,general shall submit to the relevant congressional committees a report containing-- 7#a7 the findings of the review and assessment required by subsection 7a72 and 7#b7 recommendations to improve the ,governmentwide suspension and debarment system1 including identification and assessment of the efficiency of agency-specific requirements that are unnecessary or inconsistent with the ,governmentwide system4 #g4 ,coordination of remedies for fraud and corruption related to procurement and grant activities 7a7 ,guidance required ,within #f months after the date of the enactment of this ,act1 the head of each executive agency and the ,inspector ,general of the agency shall jointly issue guidance that establishes policies1 procedures1 and responsibilities for the agencywide coordination of criminal1 civil1 contractual1 and administrative remedies stemming from investigations of fraud or corruption related to procurement and grant activities4 7b7 ,matters covered 7#a7 ,coordination ,for each significant investigation of fraud or corruption related to procurement or grant activities affecting an executive agency1 the guidance under subsection 7a7 shall require that the remedy coordination official of the agency be promptly informed and appropriately empowered to carry out the requirements of this section4 7#b7 ,role of remedy coordination official ,the remedy coordination official of the agency shall-- 7,a7 ensure that all appropriate contracting and grant officials1 officials of the ,office of ,inspector ,general of the agency1 and officials of the ,department of ,justice are kept informed about all possible criminal1 civil1 contractual1 and administrative remedies1 and that appropriate remedies 7including parallel criminal1 civil1 regulatory1 contractual1 and administrative proceedings7 are pursued expeditiously2 7,b7 ensure timely preparation and submission of suspension and debarment case files by appropriate agency officials2 and 7,c7 serve as a primary point of contact on behalf of the executive agency for the ,board of ,suspension and ,debarment or the agency suspension and debarment office1 as applicable1 throughout the review of the referred cases4 7#c7 ,contractual or administrative remedies ,the guidance under subsection 7a7 shall require that1 in appropriate cases of fraud or corruption related to procurement or grant activities affecting the agency1 and with advance notice to all necessary officials1 contractual or administrative remedies be taken before final resolution of any criminal or civil case4 #h4 ,transfer1 redesignation1 and amendment of other provision of law relating to debarment and suspension 7a7 ,transfer1 redesignation1 and amendment of section #bdee of ,public ,law #ajc-cee ,section #bdee of ,public ,law #ajc-cee 7#ca ,u4,s4,c4 #faja note7 is hereby-- 7#a7 transferred to the end of chapter #fd of title #ca1 ,united ,states ,code1 as inserted by section #b7;a7 of this ,act and amended by preceding provisions of this ,act2 7#b7 redesignated as section #fdjd2 and 7#c7 amended-- 7,a7 in subsection 7c77#a71 by striking section #ce7;c7 of the ,office of ,federal ,procurement ,policy ,act 7#da ,u4,s4,c4 #dca7;c77 and inserting section #ajd of title #da2 and 7,b7 in subsection 7c77#c71 by striking title #e1 ,united ,states ,code and inserting title #e4 7b7 ,clerical amendments 7#a7 ,the heading of section #fdjd of title #ca1 ,united ,states ,code1 as transferred by subsection 7a71 is amended to read as follows3 #fdjd4 ,uniform suspension1 debarment1 or exclusion from procurement or nonprocurement activity 4 7#b7 ,the table of contents contained in section #b of ,public ,law #ajc-cee is amended by striking the item relating to section #bdee4 7c7 ,conforming amendment ,section #hijb;a7b77#e7 of title #e1 ,united ,states ,code1 is amended by striking section #bdee of the ,federal ,acquisition ,streamlining ,act of #aiid and inserting section #fdjd of title #ca4 #i4 ,definitions ,in this ,act3 7#a7 ,executive agency ,the term executive agency has the meaning provided in section #acc of title #da1 ,united ,states ,code4 7#b7 ,relevant congressional committees ,the term relevant congressional committees means each of the following3 7,a7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated #b1jjj1jjj for each of fiscal years #bjae through #bjba-- 7#a7 to carry out the functions of the ,board of ,suspension and ,debarment established under section #fdja of title #ca1 ,united ,states ,code 7as added by section #b71 that are in addition to functions already carried out by personnel of the ,general ,services ,administration as of ,october #a1 #bjac2 and 7#b7 for implementation of the case management system required under section #d4 #aa4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on ,october #a1 #bjad4