Stop Unworthy Spending Act or the SUSPEND Act - (Sec. 2) Establishes in the General Services Administration (GSA) the Board of Suspension and Debarment to serve as a centralized body to manage all executive agency suspension and debarment activities and to improve the suspension and debarment system through: (1) the transparent and efficient handling of cases; (2) the effective oversight of the government-wide database containing the list of all parties ineligible for federal programs; (3) the consistent and fair treatment of all persons and entities subject to suspension or debarment proceedings, including small businesses with limited resources; and (4) active engagement with remedy coordination officials for referral of recipients of financial assistance suspected of committing wrongful acts or repeatedly performing poorly. Makes a determination of the Board on whether or not to debar or suspend a recipient of federal financial assistance conclusive on a government-wide basis, thus prohibiting any other agency from taking a contrary suspension and debarment action.
Requires the Chair of the Board to report to specified congressional committees annually on the activities and accomplishments of the Board in the government-wide suspension and debarment system and the number and summary of agency head determinations that allowed a suspended or debarred recipient of federal financial assistance to receive new federal funds.
Terminates on October 1, 2016, the suspension and debarment office or function in each executive agency, except for certain suspension and debarment authority of the Small Business Administration (SBA), unless the agency is granted a waiver from such termination by the Director of the Office of Management and Budget (OMB). Requires OMB to issue guidance addressing the scope and operation of the Board.
(Sec. 3) Establishes the Interagency Suspension and Debarment Committee to: (1) resolve issues as to which federal agency is the lead agency to initiate suspension or debarment proceedings; (2) coordinate actions among interested agencies; (3) encourage and assist agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the government-wide suspension and debarment system; (4) make recommendations to OMB for changes to the suspension and debarment system and its rules and authorize OMB to issue guidelines that implement those recommendations; and (5) report to Congress annually on the progress and efforts to improve the suspension and debarment system, a summary of each agency's activities and accomplishments in the suspension and debarment system, and the number and summary of agency head determinations that allowed a suspended or debarred recipient of federal financial assistance to receive new federal funds.
(Sec. 4) Directs the GSA Administrator to establish and maintain a web-based suspension and debarment case management system for use by the Board and executive agency officials having authority over suspension and debarment.
(Sec. 5) Requires the OMB Director to maintain one generally applicable regulation on suspension and debarment for procurement and nonprocurement programs. Requires such regulation to: (1) provide procedures to strengthen timely referral of cases, including the role of the agency remedy coordination official to act on cases; (2) require the Board or the agency suspension and debarment office to review the sufficiency of the information in referred cases; and (3) require disposal of all cases within six months after the initial referral date.
(Sec. 6) Directs the Comptroller General (GAO) to review, assess, and report on the effectiveness of the Board, the suspension and debarment office of each executive agency granted a waiver and the merits of any such waiver, and the case management system in meeting the requirements of this Act.
(Sec. 7) Directs the head and Inspector General of each executive agency to jointly issue guidance that establishes policies, procedures, and responsibilities for the agency-wide coordination of criminal, civil, contractual, and administrative remedies stemming from investigations of fraud or corruption related to procurement and grant activities. Grants specified duties to the agency remedy coordination official.
(Sec. 10) Authorizes appropriations for FY2015-FY2021 to carry out the functions of the Board and for implementation of the case management system established and maintained by GSA.
(Sec. 11) Makes this Act effective on October 1, 2014.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3345 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3345
To amend title 31, United States Code, to consolidate suspension and
debarment offices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2013
Mr. Issa (for himself, Mr. Cummings, Mr. Mica, Mr. Chaffetz, and Ms.
Speier) introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to consolidate suspension and
debarment offices, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stop Unworthy
Spending Act'' or the ``SUSPEND Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Consolidation of suspension and debarment offices.
Sec. 3. Interagency Suspension and Debarment Committee.
Sec. 4. Single case management system.
Sec. 5. Single regulation for procurement and nonprocurement programs.
Sec. 6. Government Accountability Office review.
Sec. 7. Coordination of remedies for fraud and corruption related to
procurement and grant activities.
Sec. 8. Transfer, redesignation, and amendment of other provision of
law relating to debarment and suspension.
Sec. 9. Definitions.
Sec. 10. Authorization of appropriations.
Sec. 11. Effective date.
SEC. 2. CONSOLIDATION OF SUSPENSION AND DEBARMENT OFFICES.
(a) Establishment of Board of Suspension and Debarment.--
(1) In general.--Subtitle V of title 31, United States
Code, is amended by inserting after chapter 63 the following
new chapter:
``CHAPTER 64--SUSPENSION AND DEBARMENT
``Sec.
``6401. Board of Suspension and Debarment.
``6402. Interagency Suspension and Debarment Committee.
``6403. Single regulation for suspension and debarment for procurement
and nonprocurement programs.
``6404. Uniform suspension, debarment, or exclusion from procurement or
nonprocurement activity.
``Sec. 6401. Board of Suspension and Debarment
``(a) 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 (in this section referred to as the
`Board').
``(b) 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--
``(1) the transparent and efficient handling of cases;
``(2) the effective oversight of the Governmentwide
database containing the list of all excluded parties ineligible
for Federal programs pursuant to Executive Orders No. 12549 and
No. 12689, including oversight to ensure receipt of information
from other agencies and to ensure timeliness, accuracy, and
completeness of the database;
``(3) the consistent and fair treatment of all persons and
entities subject to suspension or debarment proceedings,
including small businesses with limited resources; and
``(4) active engagement with remedy coordination officials
(as defined in section 2307(i)(10) of title 10 and section 4506
of title 41) within executive agencies for efficient referral
of contractors, grantees, or other recipients of Federal
financial assistance suspected of committing wrongful actions
or repeatedly performing poorly.
``(c) Effect of Determinations of Board.--
``(1) Conclusive on governmentwide basis.--The
determination by the Board on whether or not to debar or
suspend a contractor, grantee, or other recipient of Federal
financial assistance is conclusive on a Governmentwide basis.
No other agency may take a contrary action on a Governmentwide
basis with respect to the same contractor, grantee, or other
recipient based on the facts and circumstances in the
administrative record considered by the Board.
``(2) Consideration of new or additional evidence.--In
considering any new or additional evidence of nonresponsibility
of a contractor, grantee, or other recipient of Federal
financial assistance not previously considered by the Board, an
agency, in determining whether to award another grant or
contract or other Federal financial assistance to such
contractor, grantee, or other recipient, may consider the
cumulative effect of the facts and circumstances previously
considered by the Board.
``(d) Membership.--
``(1) Appointment.--The Board shall consist of members
appointed by the Administrator of General Services (in
consultation with the Administrator for Federal Procurement
Policy) from a register of applicants maintained by the
Administrator of General Services, in accordance with rules
issued by the Administrator of General Services (in
consultation with the Administrator for Federal Procurement
Policy) for establishing and maintaining a register of eligible
applicants and selecting members. 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 member.
``(2) Chair.--The Administrator of General Services shall
designate one member of the Board to serve as Chair of the
Board. The position of Chair of the Board shall be a Senior
Executive Service position (as defined by section 3132(a)(2) of
title 5).
``(3) Removal.--The Administrator of General Services, with
the consent of the Administrator for Federal Procurement
Policy, may remove the Chair or any other member of the Board.
``(e) 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 functions. In carrying out
this subsection, the Administrator may provide for the sharing of
administrative resources of the Civilian Board of Contract Appeals,
such as the Board's information technology infrastructure, case
management system, legal resources, and facilities.
``(f) 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 entity.
``(g) Annual Report to Congress.--
``(1) In general.--Not later than October 30 of each year,
the Chair of the Board shall submit to the relevant
congressional committees a report containing the following:
``(A) A summary of the activities and
accomplishments of the Board in the Governmentwide
suspension and debarment system, including the total
number of referrals, timeliness of case disposition,
and breakdown of discretionary and nondiscretionary
cases.
``(B) Recommendations to improve the suspension and
debarment system.
``(2) Form of report.--The Chair of the Board may combine
the report with the report required by section 6402(c)(7) of
this title.
``(h) Definitions.--In this section:
``(1) Executive agency.--The term `executive agency' has
the meaning provided in section 133 of title 41.
``(2) Relevant congressional committees.--The term
`relevant congressional committees' means each of the
following:
``(A) The Committee on Oversight and Government
Reform of the House of Representatives.
``(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
``(3) Interagency suspension and debarment committee.--The
term `Interagency Suspension and Debarment Committee' means the
committee established under section 6402 of this title.''.
(2) Deadline for appointment of board members.--The members
of the Board of Suspension and Debarment under section 6401 of
title 31, United States Code, as added by paragraph (1), shall
be appointed not later than one year after the date of the
enactment of this Act.
(3) Clerical amendment.--The table of chapters at the
beginning of subtitle V of title 31, United States Code, is
amended by inserting after the item relating to chapter 63 the
following new item:
``64. Suspension and Debarment.............................. 6401''.
(b) Termination of Executive Agency Suspension and Debarment
Offices.--
(1) In general.--Except as provided in paragraphs (2) and
(3), effective on October 1, 2016, the suspension and debarment
office or function in each executive agency shall terminate.
(2) Waivers.--
(A) Required waivers.--Notwithstanding paragraph
(1), the Director of the Office of Management and
Budget shall grant a waiver to any executive agency
listed in section 901(b) of title 31, United States
Code, or section 102 of title 5, other than the General
Services Administration, that has demonstrated the
existence of the following within the agency:
(i) A dedicated suspension and debarment
program and staff.
(ii) Detailed agency-specific policies and
procedures relating to suspension and
debarment.
(iii) Practices that encourage an active
suspension and debarment referral process.
(iv) In the case of an agency with multiple
bureaus, offices, or subordinate organizations,
a consolidated suspension and debarment program
with only one individual with the title and
designation of ``Suspension and Debarment
Officer'' for the entire agency.
(v) Average annual disposition of
discretionary suspension and debarment cases of
50 or more, regardless of the outcome, during
the three preceding fiscal years.
(B) Length of waiver.--A waiver under this
paragraph shall be for five years and may be renewed
more than once.
(3) Small business administration.--Notwithstanding
paragraphs (1) and (2), the Small Business Administration shall
maintain its independent authority and function relating to
suspension and debarment pursuant to section 16(d) of the Small
Business Act (15 U.S.C. 645). Any other suspension and
debarment activities unrelated to such section 16(d) shall
terminate in accordance with paragraph (1).
(c) Guidance.--Within 6 months after the date of the enactment of
this Act, the Director of the Office of Management and Budget, in
consultation with the Chief Acquisition Officers Council, shall issue
guidance addressing the scope and operation of the Board of Suspension
and Debarment. The guidance shall address, at a minimum, the following:
(1) The size, structure, and organization of the Board to
efficiently manage all executive agency suspension and
debarment actions.
(2) Procedures for appointment of the Chair of the Board,
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 Board.
(3) Procedures for handling new and existing suspension and
debarment cases to accomplish timely transfer of all functions
to the Board.
SEC. 3. INTERAGENCY SUSPENSION AND DEBARMENT COMMITTEE.
(a) Establishment.--Chapter 64 of title 31, United States Code, as
inserted by section 2(a) of this Act, is further amended by adding at
the end the following new section:
``Sec. 6402. Interagency Suspension and Debarment Committee
``(a) Establishment.--There is established the Interagency
Suspension and Debarment Committee (in this section referred to as the
`Interagency Committee' which shall replace the committee constituted
under sections 4 and 5 of Executive Order No. 12549.
``(b) Chair and Vice Chairs.--
``(1) Chair.--The Administrator for Federal Procurement
Policy shall serve as Chair of the Interagency Committee.
``(2) Vice chairs.--There are at least 2 Vice Chairs of the
Interagency Committee. The Chair of the Board of Suspension and
Debarment shall serve as a Vice Chair. The Secretary of Defense
shall designate one official from the Department of Defense to
serve as a Vice Chair.
``(c) Duties.--The Interagency Committee shall--
``(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to initiate
suspension or debarment proceedings, including with respect to
contracts in connection with contingency operations;
``(2) coordinate actions among interested agencies with
respect to such action;
``(3) encourage and assist Federal agencies in entering
into cooperative efforts to pool resources and achieve
operational efficiencies in the Governmentwide suspension and
debarment system;
``(4) recommend to the Office of Management and Budget
changes to the Government suspension and debarment system and
its rules, if such recommendations are approved by a majority
of the Interagency Committee;
``(5) authorize the Office of Management and Budget to
issue guidelines that implement those recommendations;
``(6) authorize the Chair of the Interagency Committee to
establish subcommittees as appropriate to best enable the
Interagency Committee to carry out its functions; and
``(7) not later than October 30 of each year, submit to
Congress an annual report on--
``(A) the progress and efforts to improve the
suspension and debarment system;
``(B) member agencies' active participation in the
Interagency Committee's work; and
``(C) a summary of each agency's activities and
accomplishments in the Governmentwide suspension and
debarment system, including the total number of
referrals, timeliness of case disposition, and
breakdown of discretionary and nondiscretionary cases.
``(d) Definition.--In this section, the term `contingency
operation' has the meaning given that term in section 101(a)(13) of
title 10.''.
(b) Conforming Repeal of Superseded Provision.--Section 873 of
Public Law 110-417 (31 U.S.C. 6101 note) is hereby repealed. The table
of contents contained in section 2 of Public Law 110-417, and at the
beginning of title VIII of such public law, is amended by striking the
item relating to section 873.
SEC. 4. SINGLE CASE MANAGEMENT SYSTEM.
(a) Requirement To Establish System.--Not later than one year after
the date of the enactment of this Act, the Administrator for General
Services (in consultation with the Administrator for Federal
Procurement Policy) 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 debarment.
(b) 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 (in the case of an agency
granted a waiver under section 2(b)(2)) 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 month.
(c) Availability of Information.--Any pre-decisional information
related to a suspension or debarment case, including the names of the
entities or individuals referred to, 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 2(b)(2) determines that
the release of such information is necessary to protect the interest of
the Government.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning provided in section 133 of title
41, United States Code.
SEC. 5. SINGLE REGULATION FOR PROCUREMENT AND NONPROCUREMENT PROGRAMS.
(a) Single Regulation Required.--Chapter 64 of title 31, United
States Code, as inserted by section 2(a) of this Act, is further
amended by adding at the end the following new section:
``Sec. 6403. Single regulation for suspension and debarment for
procurement and nonprocurement programs
``(a) 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 programs.
``(b) Requirements.--
``(1) In general.--The regulation maintained pursuant to
subsection (a) shall provide, at a minimum, for the procedures
and other requirements set forth in paragraphs (2) through (8).
``(2) 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 individual, 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 2(b)(2) of the SUSPEND Act determines that an expedient
action is necessary to protect the interest of the Government.
``(3) Transparent handling of cases.--The regulation shall
provide procedures for transparent handling of all cases,
including public availability of--
``(A) the outcome of all referred cases, including
the rationale for the decision to take or not take an
adverse action; and
``(B) the administrative agreements entered into by
the Government in order to resolve a suspension or
debarment proceeding.
``(4) Timely referrals.--The regulation shall provide
procedures to strengthen timely referral of cases, including
the role of the agency remedy coordination official (as
required in section 7 of the SUSPEND Act).
``(5) Consistent standards and procedures.--The regulation
shall provide procedures to ensure consistent standards and
procedures that treat all alleged violators fairly and
expeditiously, including small businesses with limited legal
resources.
``(6) Repeated failure to perform.--The regulation shall
provide procedures to strengthen the identification and
referral (for suspension or debarment consideration) of
contractors and grantees that repeatedly fail to perform.
``(7) 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
environment, either in a military or non-military setting.''.
(b) Requirement and Deadline To Combine Regulations.--Not later
than 1 year after the date of the enactment of this Act, 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 regulation.
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.
(a) 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--
(1) the Board of Suspension and Debarment;
(2) the suspension and debarment office of each executive
agency granted a waiver under section 2(b)(2); and
(3) the case management system established under section 4.
(b) Report.--Not later than 2 years after the establishment of the
Board of Suspension and Debarment, the Comptroller General shall submit
to the relevant congressional committees a report containing--
(1) the findings of the review and assessment required by
subsection (a); and
(2) recommendations to improve the Governmentwide
suspension and debarment system, including identification and
assessment of the efficiency of agency-specific requirements
that are unnecessary or inconsistent with the Governmentwide
system.
SEC. 7. COORDINATION OF REMEDIES FOR FRAUD AND CORRUPTION RELATED TO
PROCUREMENT AND GRANT ACTIVITIES.
(a) Guidance Required.--Within 6 months after the date of the
enactment of this Act, the head of each executive agency and the
Inspector General of the agency shall jointly issue guidance that
establishes policies, procedures, and responsibilities for the
agencywide coordination of criminal, civil, contractual, and
administrative remedies stemming from investigations of fraud or
corruption related to procurement and grant activities.
(b) Matters Covered.--
(1) Coordination.--For each significant investigation of
fraud or corruption related to procurement or grant activities
affecting an executive agency, the guidance under subsection
(a) shall require that the remedy coordination official of the
agency be promptly informed and appropriately empowered to
carry out the requirements of this section.
(2) Role of remedy coordination official.--The remedy
coordination official of the agency shall--
(A) ensure that all appropriate contracting and
grant officials, officials of the Office of Inspector
General of the agency, and officials of the Department
of Justice are kept informed about all possible
criminal, civil, contractual, and administrative
remedies, and that appropriate remedies (including
parallel criminal, civil, regulatory, contractual, and
administrative proceedings) are pursued expeditiously;
(B) ensure timely preparation and submission of
suspension and debarment case files by appropriate
agency officials; and
(C) 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
office, as applicable, throughout the review of the
referred cases.
(3) Contractual or administrative remedies.--The guidance
under subsection (a) shall require that, in appropriate cases
of fraud or corruption related to procurement or grant
activities affecting the agency, and with advance notice to all
necessary officials, contractual or administrative remedies be
taken before final resolution of any criminal or civil case.
SEC. 8. TRANSFER, REDESIGNATION, AND AMENDMENT OF OTHER PROVISION OF
LAW RELATING TO DEBARMENT AND SUSPENSION.
(a) Transfer, Redesignation, and Amendment of Section 2455 of
Public Law 103-355.--Section 2455 of Public Law 103-355 (31 U.S.C. 6101
note) is hereby--
(1) transferred to the end of chapter 64 of title 31,
United States Code, as inserted by section 2(a) of this Act and
amended by preceding provisions of this Act;
(2) redesignated as section 6404; and
(3) amended--
(A) in subsection (c)(1), by striking ``section
35(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 431(c))'' and inserting ``section 104 of
title 41''; and
(B) in subsection (c)(3), by striking ``title 5,
United States Code'' and inserting ``title 5''.
(b) Clerical Amendments.--
(1) The heading of section 6404 of title 31, United States
Code, as transferred by subsection (a), is amended to read as
follows:
``Sec. 6404. Uniform suspension, debarment, or exclusion from
procurement or nonprocurement activity''.
(2) The table of contents contained in section 2 of Public
Law 103-355 is amended by striking the item relating to section
2455.
(c) Conforming Amendment.--Section 8902a(b)(5) of title 5, United
States Code, is amended by striking ``section 2455 of the Federal
Acquisition Streamlining Act of 1994'' and inserting ``section 6404 of
title 31''.
SEC. 9. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning provided in section 133 of title 41, United States
Code.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means each of the following:
(A) The Committee on Oversight and Government
Reform of the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for each of
fiscal years 2015 through 2021--
(1) to carry out the functions of the Board of Suspension
and Debarment established under section 6401 of title 31,
United States Code (as added by section 2), that are in
addition to functions already carried out by personnel of the
General Services Administration as of October 1, 2013; and
(2) for implementation of the case management system
required under section 4.
SEC. 11. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
October 1, 2014.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-669.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-669.
Placed on the Union Calendar, Calendar No. 501.
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