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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2013 · Sec. 861

Sec. 861. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND DEBARMENT OFFICIALS OF THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

579 words·~3 min read·/statute-compilations/comps-10359/sec-861

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## SEC. 861 REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND DEBARMENT OFFICIALS OF THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT **[**[31 U.S.C. 6101 note](/us/usc/t31/s6101)**]** ###
(a)Requirements Not later than 180 days after the date of the enactment of this Act, the head of the covered agency concerned shall ensure the following: ####
(1)There shall be not less than one suspension and debarment official— #####
(A)in the case of the Department of Defense, for each of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Defense Logistics Agency; #####
(B)for the Department of State; and #####
(C)for the United States Agency for International Development. ####
(2)A suspension and debarment official under paragraph
(1)may not report to or be subject to the supervision of the acquisition office or the Inspector General— #####
(A)in the case of the Department of Defense, of either the Department of Defense or the military department or Defense Agency concerned; and #####
(B)in the case of the Department of State and the United States Agency for International Development, of the covered agency concerned. ####
(3)Each suspension and debarment official under paragraph
(1)shall have a staff and resources adequate for the discharge of the suspension and debarment responsibilities of such official. ####
(4)Each suspension and debarment official under paragraph
(1)shall document the basis for any final decision taken pursuant to a formal referral in accordance with the policies established under paragraph (5). ####
(5)Each suspension and debarment official under paragraph
(1)shall, in consultation with the General Counsel of the covered agency, establish in writing policies for the consideration of the following: #####
(A)Formal referrals of suspension and debarment matters. #####
(B)Suspension and debarment matters that are not formally referred. ###
(b)Duties of Interagency Committee on Debarment and Suspension Section 873 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (31 U.S.C. 6101 note) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (1), by inserting “, including with respect to contracts in connection with contingency operations” before the semicolon; and #####
(B)in paragraph (7)— ######
(i)in subparagraph (B), by striking “and” at the end; ######
(ii)in subparagraph (C), by striking the period at the end and inserting “; and”; and ######
(iii)by adding at the end the following new subparagraph: > > ##### “(D) > > a summary of suspensions, debarments, and administrative agreements during the previous year.” > ; and ####
(2)by striking subsection
(b)and inserting the following new subsections: > > ### “(b) Date of Submittal of Annual Reports > > The annual report required by subsection (a)(7) shall be submitted not later than January 31 of each year, beginning with January 31, 2014. > > > ### “(c) Definitions > > In this section: > > > #### “(1) > > The term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code. > > > #### “(2) > > The term ‘Interagency Committee on Debarment and Suspension’ means the committee constituted under sections 4 and 5 of Executive Order No. 12549.” > . ###
(c)Covered Agency In this section, the term “covered agency” means the Department of Defense, the Department of State, and the United States Agency for International Development.
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Sec. 861
REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND DEBARMENT OFFICIALS OF THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
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