IN THE SENATE OF THE UNITED STATES
June 15, 2021
Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
To require agencies to notify the Director of the Office of Management and Budget when the agency suspends or terminates a Federal award, and for other purposes.
This Act may be cited as the
Stop the Outlay of Payments Act.
In this section:
The term agency means—
an Executive agency, as defined in section 105 of title 5, United States Code; and
an independent regulatory agency, as defined in section 3502 of title 44, United States Code.
The term Director means the Director of the Office of Management and Budget.
The term Federal award means a grant, subgrant, contract, subcontract, loan, award, or cooperative agreement awarded by an agency.
The term suspended entity means a recipient of a Federal award, any portion of which the head of an agency suspends or terminates for a reason described in subsection (b)(2).
Not later than 120 days after the date on which an agency suspends or terminates any portion of a Federal award to the recipient of the Federal award for a reason described in paragraph (2), the head of an agency shall notify the Director of the suspension or termination.
Reason for suspension or termination
A reason for a suspension or termination of a Federal award described in this paragraph is a failure of the recipient of the Federal award to comply with—
the terms and conditions of the Federal award;
a Federal law or regulation; or
a request by the agency awarding the Federal award for information or materials relating to the Federal award.
List of suspensions
The Director shall maintain an up-to-date list of suspended entities on the website of the Office of Management and Budget.
Effect on other grants
Subject to paragraph (2), the head of an agency may not award a Federal award or disburse funds under a Federal award to a suspended entity until the date on which the suspended entity remedies the reason for a suspension or termination of a Federal award of the suspended entity under subsection (b)(2).
The head of an agency may award a Federal award and disburse funds under a Federal award to a suspended entity if—
the suspended entity has been classified as a suspended entity as a result of a clerical error; or
the suspended entity has an agreement with the agency that suspends or terminates the Federal award of the suspended entity to resolve the reason for the suspension or termination described in subsection (b)(2).
For the purpose of complying with paragraph (1), the head of an agency shall reference the list of suspended entities maintained by the Director under subsection (b)(3).