Sec. 323. Suspension and debarment program
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/bill/116/hr/8791/ih/section-323A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall establish a suspension and debarment program that ensures the Department and each of the components of the Department comply with the laws, regulations, and guidance related to the suspension, debarment, and ineligibility of contractors. The program required to be established under subsection
(a)shall— require that any referral made by a contracting official for consideration of actions to protect the interests of the Federal Government be evaluated by the Suspension and Debarment Official in writing in accordance with applicable regulations; develop and require training for all contracting officials of the Department on the causes for suspension and debarment and complying with departmental and Government-wide policies and processes; and include policies and processes for— tracking, reviewing, and documenting suspension and debarment decisions, including those related to poor performance, fraud, national security considerations, and other criteria determined appropriate by the Secretary; ensuring consideration of and referral for suspension, debarment, or other necessary actions that protect the interests of the Federal Government; managing and sharing relevant documents and information on contractors for use across the Department; requiring timely reporting into a centralized departmental and Government-wide databases by the suspension and debarment officials to capture suspension and debarment activities, document justifications for decisions, or other relevant information; issuing guidance to implement these policies that is regularly updated and includes definitions for all relevant terms related to the program; and timely implementation of agreed upon recommendations from the Inspector General of the Department or the Comptroller General of the United States. Beginning one year after the date of enactment of this Act, and every three years thereafter, the Inspector General of the Department of Homeland Security shall— conduct audits regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded to a suspended or debarred entity and whether corrective actions were taken to prevent recurrence; and review the suspension and debarment program throughout the Department to assess whether suspension and debarment criteria are consistently applied throughout the Department and whether disparities exist in the application of such criteria, particularly with respect to business size and categories. In this section— the term congressional homeland security committees has the meaning given the term in section 2 of the Homeland Security Act of 2002, as amended by this Act; the term Department means the Department of Homeland Security; and the term Secretary means the Secretary of Homeland Security.