text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Afghanistan Suspension and Debarment 
  Reform Act''.
  
  SEC. 2. SUSPENSION AND DEBARMENT AUTHORITY FOR SPECIAL INSPECTOR 
                GENERAL FOR AFGHANISTAN RECONSTRUCTION UNDER CERTAIN 
                CIRCUMSTANCES.
  
      (a) Suspension and Debarment Process.--Section 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 agency.--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 
                  debarment. If such a referral is made, the Inspector 
                  General shall notify the Interagency Committee on 
                  Debarment and Suspension and the congressional 
                  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 request the Interagency Committee to 
                  resolve the issue of which agency is the lead agency, 
                  in accordance with section 873 of the Duncan Hunter 
                  National Defense Authorization Act for Fiscal Year 2009 
                  (Public Law 110-417; 31 U.S.C. 6101 note).
                      ``(B) Covered cases.--
                              ``(i) 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 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 
                                  subcontract' means a subcontract that 
                                  is a contract described in subsection 
                                  (i)(2) under a covered prime contract.
                      ``(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 referral, 
                  the Interagency Committee shall make a determination, 
                  not later than 45 days after the date of the referral 
                  of the case under subparagraph (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 subparagraph (G) 
                  a written notification of the determination.
                      ``(E) Determination by lead agency if lead agency 
                  accepts case.--If the lead agency accepts a suspension 
                  or debarment case referred under subparagraph (A), the 
                  agency shall make a determination, not later than 60 
                  days after the date of the referral of the case under 
                  subparagraph (A), to either suspend or debar the person 
                  that is the subject of the case or decline to suspend 
                  or debar the person. If the lead agency declines to 
                  suspend or debar the person, the lead agency shall, not 
                  later than 15 days after the determination, submit to 
                  the congressional committees described in subparagraph 
                  (G) a written notification and rationale for the 
                  determination to decline to suspend or debar the 
                  person.
                      ``(F) Suspension and debarment authority of 
                  inspector general.--
                              ``(i) In general.--If the Interagency 
                          Committee determines under subparagraph (D) 
                          that the Inspector General may act as lead 
                          agency in a suspension or debarment case 
                          referred under subparagraph (A), then the 
                          Inspector General (or the Inspector General's 
                          designee) 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 Government, 
                          including the Federal Acquisition Regulation 
                          and the Office of Management and Budget 
                          guidelines to agencies on governmentwide 
                          debarment and suspension (nonprocurement) in 
                          part 180 of title 2 of the Code of Federal 
                          Regulations.
                              ``(ii) Exception.--In exercising the 
                          authority provided under clause (i), the 
                          Inspector General (or the Inspector General's 
                          designee) may, with respect to a particular 
                          contract, grant, or other procurement or 
                          nonprocurement activity, grant an exception 
                          that permits a person debarred or suspended 
                          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 submit to the 
                          congressional committees described in 
                          subparagraph (G) a written notification and 
                          rationale for the exception.
                      ``(G) Committees described.--The committees 
                  described in this subparagraph are the following:
                              ``(i) The Committees on Foreign Affairs and 
                          on Oversight and Government Reform of the House 
                          of Representatives.
                              ``(ii) The Committees on Foreign Relations 
                          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 following new paragraph:
              ``(3) Interagency committee on debarment and suspension.--
          The term `Interagency Committee on Debarment and Suspension' or 
          `Interagency 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 Federal Register within 30 days after the date of submission.
      (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 Authorization 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 
  Government.
target: Afghanistan Suspension and Debarment Reform Act - Amend the National Defense Authorization Act for Fiscal Year 2008 (the Act) to add to the powers of the Special Inspector General for Afghanistan Reconstruction (Inspector General), who is required to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of funds appropriated by the U.S. government, and of the programs, operations, and contracts carried out using such funds in Afghanistan, in order to prevent and detect waste, fraud, and abuse. Empowers the Inspector General to refer to the lead agency a potential covered case for suspension or debarment of a person from procurement or nonprocurement activities of the federal government.  Defines a &quot;covered case&quot; as one involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any covered prime contract or subcontract. Requires the Inspector General to notify the Interagency Committee on Debarment and Suspension and Congress if such a referral is made.  Requires the lead agency, after the referral of such a suspension or debarment case, to accept or decline the case.  Requires the Interagency Committee, if the lead agency declines to accept a suspension or debarment case, or fails to respond to the referral, to determine whether the Inspector General shall act as the lead agency.  Requires the lead agency, on the other hand, if it accepts a suspension or debarment case, to either suspend or debar the person that is the subject of the case or decline.  Authorizes the Inspector General (or designee), if the Interagency Committee determines that the Inspector General may act as lead agency, to suspend or debar the person from federal procurement or nonprocurement activities. Allows the Inspector General (or designee), when exercising such authority, to grant an exception permitting a person otherwise debarred or suspended to submit an offer for or be awarded a particular contract, grant, or procurement or nonprocurement activity. Directs the Comptroller General (GAO), after the termination of the Office of Special Inspector General for Afghanistan Reconstruction, to study the Inspector General authority and the process for determining a lead agency in a suspension or debarment case. 
feat_title: Afghanistan Suspension and Debarment Reform Act