Bill Summary
The Federal Program Integrity and Fraud Prevention Act of 2024 is a bill that aims to prevent individuals who have committed certain federal felonies from receiving federal funds. It amends title 41, United States Code, to include these individuals on the System for Award Management Exclusions list, which is used to identify individuals who are not eligible to receive federal contracts or grants. This bill also requires the Attorney General to notify the Administrator of General Services of any individuals convicted of a covered felony, and for the Administrator to add them to the exclusion list. However, there is a provision for agency heads to exempt individuals from this prohibition if they believe it is warranted. The bill also defines the terms "convicted" and "covered felony" and states that it does not affect an agency's ability to take other actions to protect federal interests. The Attorney General is also required to issue guidance for the implementation of this bill within one year of its enactment.
Possible Impacts
1. The legislation could affect individuals who have been convicted of certain federal felonies by excluding them from being listed as a source on the System for Award Management Exclusions list. This could potentially limit their access to government contracts, grants, loans, and other financial assistance programs, making it more difficult for them to secure employment or funding.
2. The legislation could also affect individuals who are seeking employment in the government sector, as they may be prohibited from working for agencies that have contracts, grants, or financial assistance programs that are funded by the federal government. This could limit their options for employment and potentially hinder their career opportunities.
3. The guidance issued by the Attorney General and the Administrator of General Services could also affect agencies and their processes for seeking and selecting contractors and employees. They may have to adjust their procedures to comply with the new requirements and ensure that all individuals working on their projects are not excluded under this legislation. This could potentially cause delays or added costs for the agencies and their operations.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9992 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9992
To amend title 41, United States Code, to identify individuals who
commit certain Federal felonies implicating Federal programs as an
excluded source on the System for Award Management Exclusions list, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 15, 2024
Mr. Self introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 41, United States Code, to identify individuals who
commit certain Federal felonies implicating Federal programs as an
excluded source on the System for Award Management Exclusions list, 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.
This Act may be cited as the ``Federal Program Integrity and Fraud
Prevention Act of 2024''.
SEC. 2. EXCLUSION OF FELONY FRAUD CONVICTS TO PROTECT FEDERAL FUNDS.
(a) Procurement Integrity.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new section:
``Sec. 4715. Protecting Federal funds from individuals convicted of
certain Federal felonies
``(a) Prohibition.--
``(1) In general.--Except as provided in subsection (b), an
individual who is convicted of a covered felony arising out of
any agency contract, grant, cooperative agreement, loan, or
other financial assistance shall be identified as an excluded
source on the System for Award Management Exclusions list
described in part 9 of title 48, Code of Federal Regulations,
and part 180 of title 2 of such Code, or successor regulations.
``(2) Notification of conviction.--For each individual
convicted of a covered felony, the Attorney General shall
notify the Administrator of General Services in a timely manner
of such conviction and the Administrator shall promptly enter
the 3-year prohibition for such person into the System for
Award Management, or any successor system.
``(b) Waiver.--Notwithstanding subsection (a), the agency head may
exempt an individual described in subsection (a)(1) from the
prohibition under such subsection for a case in which the agency head
determines in writing that the exemption is warranted. The agency head
shall transmit a copy of each such written exemption to Congress
immediately after making such determination.
``(c) Definitions.--In this section:
``(1) Agency.--The term `agency' means an Executive
department (as defined under section 101 of title 5), a
military department (as defined under section 102 of title 5),
a Government corporation (as defined under section 103 of title
5), and an independent establishment (as defined under section
104(1) of title 5).
``(2) Convicted.--The term `convicted' means--
``(A) a judgment of conviction has been entered
against the individual by a Federal court, regardless
of whether there is an appeal pending;
``(B) there has been a finding of guilt against the
individual by a Federal court;
``(C) a plea of guilty or nolo contendere by the
individual has been accepted by a Federal court; or
``(D) the individual has entered into a first
offender, deferred adjudication, deferred prosecution,
or other arrangement or program in which judgment or
conviction has been withheld.
``(3) Covered felony.--The term `covered felony' means a
felony described under section 286, 287, 371, 641, 666, 1001,
1014, 1017, 1028, 1028A, 1030, 1031, 1040(a)(2), 1341, 1343,
1344, 1345, 1349, 1956, and 1957 of title 18 and section 16 of
the Small Business Act (15 U.S.C. 645).
``(d) Rules of Construction.--
``(1) Federal interests.--Nothing in this section may be
construed to prohibit an agency from seeking or taking any
other available criminal, civil, or administrative action to
protect Federal Government interests, including the proposal or
implementation of suspension or debarment actions pursuant to
subpart 9.4 of title 48, Code of Federal Regulations, and part
180 of title 2 of such Code.
``(2) Exclusion.--Nothing in subsection (b) may be
construed to affect any other statutory or regulatory waiver
authority related to an exclusion.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 41, United States Code, is amended by adding at the end the
following:
``4715. Protecting Federal funds from individuals convicted of certain
Federal felonies.''.
SEC. 3. GUIDANCE.
Not later than 1 year after the date of the enactment of this Act,
the Attorney General, in consultation with the Administrator of General
Services, shall issue guidance for the implementation of, and
compliance with, the requirements of section 4715 of title 41, United
States Code, as added by section 2.
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