I 
113TH CONGRESS 
1ST SESSION H. R. 2912 
To provide authority for the Special Inspector General for Afghanistan 
Reconstruction to suspend and debar contractors under certain circumstances. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2013 
Mr. CHAFFETZ (for himself, Mr. COFFMAN, Mr. TIERNEY, and Ms. SPEIER) 
introduced the following bill; which was referred to the Committee on 
Foreign Affairs, and in addition to the Committee on Oversight and Gov-
ernment Reform, for a period to be subsequently determined by the 
Speaker, 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 con-
tractors under certain circumstances. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Afghanistan Suspen-
sion and Debarment Reform Act’’. 
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SEC. 2. SUSPENSION AND DEBARMENT AUTHORITY FOR 
SPECIAL INSPECTOR GENERAL FOR AFGHAN-
ISTAN RECONSTRUCTION UNDER CERTAIN 
CIRCUMSTANCES. 
(a) SUSPENSION AND DEBARMENT PROCESS.—Sec-
tion 1229(g) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 5 U.S.C. 
App.) is amended by adding at the end the following new 
paragraph: 
‘‘(3) SUSPENSION AND DEBARMENT.— 
‘‘(A) REFERRAL OF CASE TO LEAD AGEN-
CY.—In carrying out the duties, responsibilities, 
and authorities set forth under this section, the 
Inspector General (or the Inspector General’s 
designee) may refer a potential suspension or 
debarment case described in subparagraph (B) 
to the lead agency for that suspension or debar-
ment. If such a referral is made, the Inspector 
General shall notify the Interagency Committee 
on Debarment and Suspension and the congres-
sional committees described in subparagraph 
(G) of the referral. If the Inspector General is 
unable to determine which agency is the lead 
agency for purposes of a referral under this 
subparagraph, the Inspector General shall re-
quest the Interagency Committee to resolve the 
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issue of which agency is the lead agency, in ac-
cordance with section 873 of the Duncan Hun-
ter National Defense Authorization Act for Fis-
cal Year 2009 (Public Law 110–417; 31 U.S.C. 
6101 note). 
‘‘(B) COVERED CASES.— 
‘‘(i) A potential suspension or debar-
ment case described in this subparagraph 
is a case involving a person that is an Af-
ghan national or foreign national or for-
eign company operating in Afghanistan 
that has received in the past, is receiving, 
or may receive in the future, funds from 
any— 
‘‘(I) covered prime contract; or 
‘‘(II) covered subcontract. 
‘‘(ii) In this subparagraph: 
‘‘(I) The term ‘covered prime 
contract’ means a prime contract that 
is a contract described in subsection 
(i)(2). 
‘‘(II) The term ‘covered sub-
contract’ means a subcontract that is 
a contract described in subsection 
(i)(2) under a covered prime contract. 
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‘‘(C) ACCEPTANCE
OR
DECLINATION
OF 
CASE.—Not later than 30 days after the date of 
referral of a suspension or debarment case 
under subparagraph (A), the lead agency 
shall— 
‘‘(i) accept or decline the case; and 
‘‘(ii) submit to the Inspector General 
and the Interagency Committee a written 
notification and rationale for accepting or 
declining the case. 
‘‘(D) DETERMINATION
BY
INTERAGENCY 
COMMITTEE
IF
LEAD
AGENCY
DECLINES 
CASE.—If the lead agency declines to accept a 
suspension or debarment case referred under 
subparagraph (A) or fails to respond to the re-
ferral, the Interagency Committee shall make a 
determination, not later than 45 days after the 
date of the referral of the case under subpara-
graph (A), regarding whether the Inspector 
General shall act as lead agency in the case. 
The Interagency Committee shall submit to the 
congressional committees described in subpara-
graph (G) a written notification of the deter-
mination. 
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debar a person from procurement or non-
procurement activities of the Federal Gov-
ernment in accordance with regulations im-
plementing the suspension and debarment 
system of the Federal Government, includ-
ing the Federal Acquisition Regulation and 
the Office of Management and Budget 
guidelines to agencies on governmentwide 
debarment and suspension (nonprocure-
ment) in part 180 of title 2 of the Code of 
Federal Regulations. 
‘‘(ii) EXCEPTION.—In exercising the 
authority provided under clause (i), the In-
spector General (or the Inspector General’s 
designee) may, with respect to a particular 
contract, grant, or other procurement or 
nonprocurement activity, grant an excep-
tion that permits a person debarred or sus-
pended pursuant to clause (i) to submit an 
offer for or be awarded the contract, grant, 
or other activity. If such an exception is 
granted, the Inspector General shall sub-
mit to the congressional committees de-
scribed in subparagraph (G) a written no-
tification and rationale for the exception. 
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‘‘(G) COMMITTEES DESCRIBED.—The com-
mittees described in this subparagraph are the 
following: 
‘‘(i) The Committees on Foreign Af-
fairs and on Oversight and Government 
Reform of the House of Representatives. 
‘‘(ii) The Committees on Foreign Re-
lations and on Homeland Security and 
Governmental Affairs of the Senate.’’. 
(b) DEFINITION
OF INTERAGENCY COMMITTEE.— 
Section 1229(m) of such Act (Public Law 110–181; 5 
U.S.C. App.) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) INTERAGENCY
COMMITTEE
ON
DEBAR-
MENT
AND
SUSPENSION.—The term ‘Interagency 
Committee on Debarment and Suspension’ or ‘Inter-
agency Committee’ means the committee constituted 
under sections 4 and 5 of Executive Order No. 
12549.’’. 
(c) 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 Fed-
eral Register within 30 days after the date of submission. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 3. COMPTROLLER GENERAL STUDY AND REPORT. 
(a) STUDY.—After the termination of the Office of 
Special Inspector General for Afghanistan Reconstruction 
under section 1229(o)(1) of the National Defense Author-
ization Act for Fiscal Year 2008 (Public Law 110–181; 
122 Stat. 380; 5 U.S.C. App.), the Comptroller General 
of the United States shall conduct a study on the authority 
and process provided under section 1229(g)(3) of such Act 
(as added by section 2 of this Act). 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to Congress a report on the study carried out 
under subsection (a), with such recommendations as the 
Comptroller General considers appropriate with respect to 
the suspension and debarment system of the Federal Gov-
ernment. 
Æ 
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