IB 

Union Calendar No. 501 

113TH CONGRESS 

2D SESSION H. R. 3345 

[Report No. 113–669] 

To amend title 31, United States Code, to consolidate suspension and 

debarment offices, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2013 

Mr. ISSA (for himself, Mr. CUMMINGS, Mr. MICA, Mr. CHAFFETZ, and Ms. 

SPEIER) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

DECEMBER 12, 2014 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Omit the part struck through and insert the part printed in italic] 


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A BILL 

To amend title 31, United States Code, to consolidate 

suspension and debarment offices, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Stop Unworthy Spending Act’’ or the ‘‘SUSPEND Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Consolidation of suspension and debarment offices. 

Sec. 3. Interagency Suspension and Debarment Committee. 

Sec. 4. Single case management system. 

Sec. 5. Single regulation for procurement and nonprocurement programs. 

Sec. 6. Government Accountability Office review. 

Sec. 7. Coordination of remedies for fraud and corruption related to procurement and grant activities. 

Sec. 8. Transfer, redesignation, and amendment of other provision of law relating to debarment and suspension. 

Sec. 9. Definitions. 

Sec. 10. Authorization of appropriations. 

Sec. 11. Effective date. 

8 SEC. 2. CONSOLIDATION OF SUSPENSION AND DEBARMENT 

9 OFFICES. 

10 (a) ESTABLISHMENT OF BOARD OF SUSPENSION AND

11 DEBARMENT.— 

12 (1) IN GENERAL.—Subtitle V of title 31, 

13 United States Code, is amended by inserting after 

14 chapter 63 the following new chapter: 

15 ‘‘CHAPTER 64—SUSPENSION AND 

16 DEBARMENT 

‘‘Sec. 

‘‘6401. Board of Suspension and Debarment. 

‘‘6402. Interagency Suspension and Debarment Committee. 

‘‘6403. Single regulation for suspension and debarment for procurement and 

nonprocurement programs. 


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‘‘6404. Uniform suspension, debarment, or exclusion from procurement or nonprocurement activity. 

1 ‘‘§ 6401. Board of Suspension and Debarment 

2 ‘‘(a) ESTABLISHMENT.—There is established in the 

3 General Services Administration a board for suspension 

4 and debarment to be known as the Board of Suspension 

5 and Debarment (in this section referred to as the ‘Board’). 

6 ‘‘(b) PURPOSES.—The purposes of the Board are to 

7 serve as a centralized body to manage all executive agency 

8 suspension and debarment activities and improve the sus9 pension and debarment system through— 

10 ‘‘(1) the transparent and efficient handling of 

11 cases; 

12 ‘‘(2) the effective oversight of the Government13 wide database containing the list of all excluded par14 ties ineligible for Federal programs pursuant to Ex15 ecutive Orders No. 12549 and No. 12689, including 

16 oversight to ensure receipt of information from other 

17 agencies and to ensure timeliness, accuracy, and 

18 completeness of the database; 

19 ‘‘(3) the consistent and fair treatment of all 

20 persons and entities subject to suspension or debar21 ment proceedings, including small businesses with 

22 limited resources; and 

23 ‘‘(4) active engagement with remedy coordina24 tion officials (as defined in section 2307(i)(10) of 


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1 title 10 and section 4506 of title 41) within execu2 tive agencies for efficient referral of contractors, 

3 grantees, or other recipients of Federal financial as4 sistance suspected of committing wrongful actions or 

5 repeatedly performing poorly. 

6 ‘‘(c) EFFECT OF DETERMINATIONS OF BOARD.— 

7 ‘‘(1) CONCLUSIVE ON GOVERNMENTWIDE

8 BASIS.—The determination by the Board on whether 

9 or not to debar or suspend a contractor, grantee, or 

10 other recipient of Federal financial assistance is con11 clusive on a Governmentwide basis. No other agency 

12 may take a contrary suspension and debarment ac13 tion on a Governmentwide basis with respect to the 

14 same contractor, grantee, or other recipient based on 

15 the facts and circumstances in the administrative 

16 record considered by the Board. 

17 ‘‘(2) CONSIDERATION OF NEW OR ADDITIONAL

18 EVIDENCE.—In considering any new or additional 

19 evidence of nonresponsibility of a contractor, grant20 ee, or other recipient of Federal financial assistance 

21 not previously considered by the Board, an agency, 

22 in determining whether to award another grant or 

23 contract or other Federal financial assistance to 

24 such contractor, grantee, or other recipient, may 


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1 consider the cumulative effect of the facts and cir2 cumstances previously considered by the Board. 

3 ‘‘(d) MEMBERSHIP.— 

4 ‘‘(1) APPOINTMENT.—The Board shall consist 

5 of members appointed by the Administrator of Gen6 eral Services (in consultation with the Administrator 

7 for Federal Procurement Policy) from a register of 

8 applicants maintained by the Administrator of Gen9 eral Services, in accordance with rules issued by the 

10 Administrator of General Services (in consultation 

11 with the Administrator for Federal Procurement 

12 Policy) for establishing and maintaining a register of 

13 eligible applicants and selecting members. The Ad14 ministrator of General Services shall appoint a mem15 ber without regard to political affiliation and solely 

16 on the basis of the professional qualifications re17 quired to perform the duties and responsibilities of 

18 a member. 

19 ‘‘(2) CHAIR.—The Administrator of General 

20 Services shall designate one member of the Board to 

21 serve as Chair of the Board. The position of Chair 

22 of the Board shall be a Senior Executive Service po23 sition (as defined by section 3132(a)(2) of title 5). 

24 ‘‘(3) REMOVAL.—The Administrator of General 

25 Services, with the consent of the Administrator for 


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1 Federal Procurement Policy, may remove the Chair 

2 or any other member of the Board. 

3 ‘‘(e) SHARING OF RESOURCES.—The Administrator 

4 of General Services shall provide to the Board such admin5 istrative resources as are necessary for the Board to carry 

6 out its functions. In carrying out this subsection, the Ad7 ministrator may provide for the sharing of administrative 

8 resources of the Civilian Board of Contract Appeals, such 

9 as the Board’s information technology infrastructure, case 

10 management system, legal resources, and facilities. 

11 ‘‘(f) PARTICIPATION BY ADDITIONAL ENTITIES.— 

12 The Board may enter into an agreement with any other 

13 entity that receives Federal funds for the Board to per14 form suspension and debarment activities on behalf of the 

15 entity. 

16 ‘‘(g) ANNUAL REPORT TO CONGRESS.— 

17 ‘‘(1) IN GENERAL.—Not later than October 30 

18 of each year, the Chair of the Board shall submit to 

19 the relevant congressional committees a report con20 taining the following: 

21 ‘‘(A) A summary of the activities and ac22 complishments of the Board in the Government23 wide suspension and debarment system, includ24 ing the total number of referrals, timeliness of 


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1 case disposition, and breakdown of discretionary 

2 and nondiscretionary cases. 

3 ‘‘(B) The number and summary of agency 

4 head determinations, if any, that allowed a sus5 pended or debarred contractor, grantee, or other 

6 recipient of Federal financial assistance to re7 ceive new Federal funds. 

8 ‘‘(B) (C) Recommendations to improve the 

9 suspension and debarment system. 

10 ‘‘(2) FORM OF REPORT.—The Chair of the 

11 Board may combine the report with the report re12 quired by section 6402(c)(7) of this title. 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) EXECUTIVE AGENCY.—The term ‘executive 

15 agency’ has the meaning provided in section 133 of 

16 title 41. 

17 ‘‘(2) RELEVANT CONGRESSIONAL COMMIT18 TEES.—The term ‘relevant congressional commit19 tees’ means each of the following: 

20 ‘‘(A) The Committee on Oversight and 

21 Government Reform of the House of Represent22 atives. 

23 ‘‘(B) The Committee on Homeland Secu24 rity and Governmental Affairs of the Senate. 


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1 ‘‘(3) INTERAGENCY SUSPENSION AND DEBAR2 MENT COMMITTEE.—The term ‘Interagency Suspen3 sion and Debarment Committee’ means the com4 mittee established under section 6402 of this title.’’. 

5 (2) DEADLINE FOR APPOINTMENT OF BOARD

6 MEMBERS.—The members of the Board of Suspen7 sion and Debarment under section 6401 of title 31, 

8 United States Code, as added by paragraph (1), 

9 shall be appointed not later than one year after the 

10 date of the enactment of this Act. 

11 (3) CLERICAL AMENDMENT.—The table of 

12 chapters at the beginning of subtitle V of title 31, 

13 United States Code, is amended by inserting after 

14 the item relating to chapter 63 the following new 

15 item: 

‘‘64. Suspension and Debarment ............................................................. 6401’’. 

16 (b) TERMINATION OF EXECUTIVE AGENCY SUSPEN17 SION AND DEBARMENT OFFICES.— 

18 (1) IN GENERAL.—Except as provided in para19 graphs (2) and (3), effective on October 1, 2016, the 

20 suspension and debarment office or function in each 

21 executive agency shall terminate. 

22 (2) WAIVERS.— 

23 (A) REQUIRED WAIVERS.—Notwithstand24 ing paragraph (1), the Director of the Office of 

25 Management and Budget shall grant a waiver 


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1 to any executive agency listed in section 901(b) 

2 of title 31, United States Code, or section 102 

3 of title 5, other than the General Services Ad4 ministration, that has demonstrated the exist5 ence of the following within the agency: 

6 (i) A dedicated suspension and debar7 ment program and staff. 

8 (ii) Detailed agency-specific policies 

9 and procedures relating to suspension and 

10 debarment. 

11 (iii) Practices that encourage an ac12 tive suspension and debarment referral 

13 process. 

14 (iv) In the case of an agency with 

15 multiple bureaus, offices, or subordinate 

16 organizations, a consolidated suspension 

17 and debarment program with only one in18 dividual with the title and designation of 

19 ‘‘Suspension and Debarment Officer’’ for 

20 the entire agency. 

21 (v) Average annual disposition of dis22 cretionary suspension and debarment cases 

23 of 50 or more, regardless of the outcome, 

24 during the three preceding fiscal years. 


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1 (B) LENGTH OF WAIVER.—A waiver under 

2 this paragraph shall be for five years and may 

3 be renewed more than once. 

4 (3) SMALL BUSINESS ADMINISTRATION.—Not5 withstanding paragraphs (1) and (2), the Small 

6 Business Administration shall maintain its inde7 pendent authority and function relating to suspen8 sion and debarment pursuant to section 16(d) of the 

9 Small Business Act (15 U.S.C. 645). Any other sus10 pension and debarment activities unrelated to such 

11 section 16(d) shall terminate in accordance with 

12 paragraph (1). 

13 (c) GUIDANCE.—Within 6 months after the date of 

14 the enactment of this Act, the Director of the Office of 

15 Management and Budget, in consultation with the Chief 

16 Acquisition Officers Council, shall issue guidance address17 ing the scope and operation of the Board of Suspension 

18 and Debarment. The guidance shall address, at a min19 imum, the following: 

20 (1) The size, structure, and organization of the 

21 Board to efficiently manage all executive agency sus22 pension and debarment actions. 

23 (2) Procedures for appointment of the Chair of 

24 the Board, including appropriate instructions to ap25 point without regard to political affiliation and solely 


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1 on the basis of the professional qualifications re2 quired to perform the duties and responsibilities of 

3 the Chair of the Board. 

4 (3) Procedures for handling new and existing 

5 suspension and debarment cases to accomplish time6 ly transfer of all functions to the Board. 

7 SEC. 3. INTERAGENCY SUSPENSION AND DEBARMENT COM8 MITTEE. 

9 (a) ESTABLISHMENT.—Chapter 64 of title 31, 

10 United States Code, as inserted by section 2(a) of this 

11 Act, is further amended by adding at the end the following 

12 new section: 

13 ‘‘§ 6402. Interagency Suspension and Debarment 

14 Committee 

15 ‘‘(a) ESTABLISHMENT.—There is established the 

16 Interagency Suspension and Debarment Committee (in 

17 this section referred to as the ‘Interagency Committee’ 

18 which shall replace the committee constituted under sec19 tions 4 and 5 of Executive Order No. 12549. 

20 ‘‘(b) CHAIR AND VICE CHAIRS.— 

21 ‘‘(1) CHAIR.—The Administrator for Federal 

22 Procurement Policy shall serve as Chair of the Inter23 agency Committee. 

24 ‘‘(2) VICE CHAIRS.—There are at least 2 Vice 

25 Chairs of the Interagency Committee. The Chair of 


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1 the Board of Suspension and Debarment shall serve 

2 as a Vice Chair. The Secretary of Defense shall des3 ignate one official from the Department of Defense 

4 to serve as a Vice Chair. 

5 ‘‘(c) DUTIES.—The Interagency Committee shall— 

6 ‘‘(1) resolve issues regarding which of several 

7 Federal agencies is the lead agency having responsi8 bility to initiate suspension or debarment pro9 ceedings, including with respect to contracts in con10 nection with contingency operations; 

11 ‘‘(2) coordinate actions among interested agen12 cies with respect to such action; 

13 ‘‘(3) encourage and assist Federal agencies in 

14 entering into cooperative efforts to pool resources 

15 and achieve operational efficiencies in the Govern16 mentwide suspension and debarment system; 

17 ‘‘(4) recommend to the Office of Management 

18 and Budget changes to the Government suspension 

19 and debarment system and its rules, if such rec20 ommendations are approved by a majority of the 

21 Interagency Committee; 

22 ‘‘(5) authorize the Office of Management and 

23 Budget to issue guidelines that implement those rec24 ommendations; 


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1 ‘‘(6) authorize the Chair of the Interagency 

2 Committee to establish subcommittees as appro3 priate to best enable the Interagency Committee to 

4 carry out its functions; and 

5 ‘‘(7) not later than October 30 of each year, 

6 submit to Congress an annual report on— 

7 ‘‘(A) the progress and efforts to improve 

8 the suspension and debarment system; 

9 ‘‘(B) member agencies’ active participation 

10 in the Interagency Committee’s work; and 

11 ‘‘(C) a summary of each agency’s activities 

12 and accomplishments in the Governmentwide 

13 suspension and debarment system, including 

14 the total number of referrals, timeliness of case 

15 disposition, and breakdown of discretionary and 

16 nondiscretionary cases.; and 

17 ‘‘(D) The number and summary of agency 

18 head determinations, if any, that allowed a sus19 pended or debarred contractor, grantee, or other 

20 recipient of Federal financial assistance to re21 ceive new Federal funds. 

22 ‘‘(d) DEFINITION.—In this section, the term ‘contin23 gency operation’ has the meaning given that term in sec24 tion 101(a)(13) of title 10.’’. 


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1 (b) CONFORMING REPEAL OF SUPERSEDED PROVI2 SION.—Section 873 of Public Law 110–417 (31 U.S.C. 

3 6101 note) is hereby repealed. The table of contents con4 tained in section 2 of Public Law 110–417, and at the 

5 beginning of title VIII of such public law, is amended by 

6 striking the item relating to section 873. 

7 SEC. 4. SINGLE CASE MANAGEMENT SYSTEM. 

8 (a) REQUIREMENT TO ESTABLISH SYSTEM.—Not 

9 later than one year after the date of the enactment of this 

10 Act, the Administrator for General Services (in consulta11 tion with the Administrator for Federal Procurement Pol12 icy) shall establish and maintain a Web-based suspension 

13 and debarment case management system for use by the 

14 Board of Suspension and Debarment and appropriate ex15 ecutive agency officials having authority over suspension 

16 and debarment. 

17 (b) REQUIREMENT FOR USE OF SYSTEM.—The head 

18 of each executive agency shall ensure that all cases re19 ferred to either the Board or the agency’s suspension and 

20 debarment office (in the case of an agency granted a waiv21 er under section 2(b)(2)) are logged into the case manage22 ment system and that the case status and the name of 

23 the employee handling the case are updated at least once 

24 each month. 


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1 (c) AVAILABILITY OF INFORMATION.—Any pre2 decisional information related to a suspension or debar3 ment case, including the names of the entities or individ4 uals referred to, shall not be made public unless the Chair 

5 of the Board or the suspension and debarment official of 

6 an executive agency granted a waiver under section 

7 2(b)(2) determines that the release of such information 

8 is necessary to protect the interest of the Government. 

9 (d) EXECUTIVE AGENCY DEFINED.—In this section, 

10 the term ‘‘executive agency’’ has the meaning provided in 

11 section 133 of title 41, United States Code. 

12 SEC. 5. SINGLE REGULATION FOR PROCUREMENT AND 

13 NONPROCUREMENT PROGRAMS. 

14 (a) SINGLE REGULATION REQUIRED.—Chapter 64 of 

15 title 31, United States Code, as inserted by section 2(a) 

16 of this Act, is further amended by adding at the end the 

17 following new section: 

18 ‘‘§ 6403. Single regulation for suspension and debar19 ment for procurement and nonprocure20 ment programs 

21 ‘‘(a) SINGLE REGULATION.—The Director of the Of22 fice of Management and Budget shall maintain one gen23 erally applicable regulation on suspension and debarment 

24 for procurement and nonprocurement programs. 

25 ‘‘(b) REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—The regulation maintained 

2 pursuant to subsection (a) shall provide, at a min3 imum, for the procedures and other requirements set 

4 forth in paragraphs (2) through (8). 

5 ‘‘(2) ADVANCE NOTICE OF ADVERSE ACTION.— 

6 The regulation shall provide procedures for the 

7 Board to provide advance notice of adverse action 

8 before any adverse action may be taken against a 

9 private entity or individual, unless the Chair of the 

10 Board of Suspension and Debarment or the suspen11 sion and debarment officer of an executive agency 

12 granted a waiver under section 2(b)(2) of the SUS13 PEND Act determines that an expedient action is 

14 necessary to protect the interest of the Government. 

15 ‘‘(3) TRANSPARENT HANDLING OF CASES.—The 

16 regulation shall provide procedures for transparent 

17 handling of all cases, including public availability 

18 of— 

19 ‘‘(A) the outcome of all referred cases, in20 cluding the rationale for the decision to take or 

21 not take an adverse action; and 

22 ‘‘(B) the administrative agreements en23 tered into by the Government in order to re24 solve a suspension or debarment proceeding. 


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1 ‘‘(4) TIMELY REFERRALS.—The regulation 

2 shall provide procedures to strengthen timely refer3 ral of cases, including the role of the agency remedy 

4 coordination official (as required in section 7 of the 

5 SUSPEND Act). 

6 ‘‘(4) TIMELY REFERRALS AND PROCESSING OF

7 CASES.— 

8 ‘‘(A) The regulation shall provide proce9 dures to strengthen timely referrals of cases, in10 cluding— 

11 ‘‘(i) the role of the agency remedy co12 ordination official to act upon cases brought 

13 to such official’s attention in a timely man14 ner (as required in section 7 of the SUS15 PEND Act); and 

16 ‘‘(ii) requirements for the Board or the 

17 agency suspension and debarment office to 

18 review the sufficiency of the information in 

19 the referred cases and to notify the agency 

20 remedy coordination official and cognizant 

21 Inspector General (if the case is originated 

22 from the Office of Inspector General) within 

23 30 days after the initial referral date for 

24 any additional information if needed. 


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1 ‘‘(B) The regulation shall require all cases 

2 to be disposed of within 6 months after the ini3 tial referral date, unless the Chair of the Board 

4 or the agency suspension and debarment officer 

5 provides a written explanation and estimated 

6 timeline to the agency remedy coordination offi7 cial and cognizant Inspector General (if the case 

8 is originated from the Office of Inspector Gen9 eral). Such written explanation shall be updated 

10 every 3 months until the final resolution of the 

11 case. 

12 ‘‘(5) CONSISTENT STANDARDS AND PROCE13 DURES.—The regulation shall provide procedures to 

14 ensure consistent standards and procedures that 

15 treat all alleged violators fairly and expeditiously, in16 cluding small businesses with limited legal resources. 

17 ‘‘(6) REPEATED FAILURE TO PERFORM.—The 

18 regulation shall provide procedures to strengthen the 

19 identification and referral (for suspension or debar20 ment consideration) of contractors and grantees that 

21 repeatedly fail to perform. 

22 ‘‘(7) CONTINGENCY PROCEDURES.—The regula23 tion shall provide procedures for an expedited review 

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1 traditional or time-sensitive environment, either in a 

2 military or non-military setting.’’. 

3 (b) REQUIREMENT AND DEADLINE TO COMBINE

4 REGULATIONS.—Not later than 1 year after the date of 

5 the enactment of this Act, the Director of the Office of 

6 Management and Budget shall combine the separate sus7 pension and debarment regulations for procurement and 

8 nonprocurement programs into one generally applicable 

9 regulation. 

10 SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW. 

11 (a) REVIEW.—The Comptroller General of the United 

12 States shall review and assess the effectiveness in meeting 

13 the requirements of this Act and the amendments made 

14 by this Act of— 

15 (1) the Board of Suspension and Debarment; 

16 (2) the suspension and debarment office of each 

17 executive agency granted a waiver under section 

18 2(b)(2) and the merits of any such waiver; and 

19 (3) the case management system established 

20 under section 4. 

21 (b) REPORT.—Not later than 2 years after the estab22 lishment of the Board of Suspension and Debarment, the 

23 Comptroller General shall submit to the relevant congres24 sional committees a report containing— 


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1 (1) the findings of the review and assessment 

2 required by subsection (a); and 

3 (2) recommendations to improve the Govern4 mentwide suspension and debarment system, includ5 ing identification and assessment of the efficiency of 

6 agency-specific requirements that are unnecessary or 

7 inconsistent with the Governmentwide system. 

8 SEC. 7. COORDINATION OF REMEDIES FOR FRAUD AND 

9 CORRUPTION RELATED TO PROCUREMENT 

10 AND GRANT ACTIVITIES. 

11 (a) GUIDANCE REQUIRED.—Within 6 months after 

12 the date of the enactment of this Act, the head of each 

13 executive agency and the Inspector General of the agency 

14 shall jointly issue guidance that establishes policies, proce15 dures, and responsibilities for the agencywide coordination 

16 of criminal, civil, contractual, and administrative remedies 

17 stemming from investigations of fraud or corruption re18 lated to procurement and grant activities. 

19 (b) MATTERS COVERED.— 

20 (1) COORDINATION.—For each significant in21 vestigation of fraud or corruption related to procure22 ment or grant activities affecting an executive agen23 cy, the guidance under subsection (a) shall require 

24 that the remedy coordination official of the agency 


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1 be promptly informed and appropriately empowered 

2 to carry out the requirements of this section. 

3 (2) ROLE OF REMEDY COORDINATION OFFI4 CIAL.—The remedy coordination official of the agen5 cy shall— 

6 (A) ensure that all appropriate contracting 

7 and grant officials, officials of the Office of In8 spector General of the agency, and officials of 

9 the Department of Justice are kept informed 

10 about all possible criminal, civil, contractual, 

11 and administrative remedies, and that appro12 priate remedies (including parallel criminal, 

13 civil, regulatory, contractual, and administrative 

14 proceedings) are pursued expeditiously; 

15 (B) ensure timely preparation and submis16 sion of suspension and debarment case files by 

17 the Office of Inspector General of the agency or 

18 appropriate agency officials; and 

19 (C) serve as a primary point of contact on 

20 behalf of the executive agency for the Board of 

21 Suspension and Debarment or the agency sus22 pension and debarment office, as applicable, 

23 throughout the review of the referred cases. 

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1 quire that, in appropriate cases of fraud or corrup2 tion related to procurement or grant activities affect3 ing the agency, and with advance notice to all nec4 essary officials, contractual or administrative rem5 edies be taken before final resolution of any criminal 

6 or civil case. 

7 SEC. 8. TRANSFER, REDESIGNATION, AND AMENDMENT OF 

8 OTHER PROVISION OF LAW RELATING TO DE9 BARMENT AND SUSPENSION. 

10 (a) TRANSFER, REDESIGNATION, AND AMENDMENT

11 OF SECTION 2455 OF PUBLIC LAW 103–355.—Section 

12 2455 of Public Law 103–355 (31 U.S.C. 6101 note) is 

13 hereby— 

14 (1) transferred to the end of chapter 64 of title 

15 31, United States Code, as inserted by section 2(a) 

16 of this Act and amended by preceding provisions of 

17 this Act; 

18 (2) redesignated as section 6404; and 

19 (3) amended— 

20 (A) in subsection (c)(1), by striking ‘‘sec21 tion 35(c) of the Office of Federal Procurement 

22 Policy Act (41 U.S.C. 431(c))’’ and inserting 

23 ‘‘section 104 of title 41’’; and 

24 (B) in subsection (c)(3), by striking ‘‘title 

25 5, United States Code’’ and inserting ‘‘title 5’’. 


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1 (b) CLERICAL AMENDMENTS.— 

2 (1) The heading of section 6404 of title 31, 

3 United States Code, as transferred by subsection 

4 (a), is amended to read as follows: 

5 ‘‘§ 6404. Uniform suspension, debarment, or exclusion 

6 from procurement or nonprocurement ac7 tivity’’. 

8 (2) The table of contents contained in section 

9 2 of Public Law 103–355 is amended by striking the 

10 item relating to section 2455. 

11 (c) CONFORMING AMENDMENT.—Section 

12 8902a(b)(5) of title 5, United States Code, is amended 

13 by striking ‘‘section 2455 of the Federal Acquisition 

14 Streamlining Act of 1994’’ and inserting ‘‘section 6404 

15 of title 31’’. 

16 SEC. 9. DEFINITIONS. 

17 In this Act: 

18 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

19 agency’’ has the meaning provided in section 133 of 

20 title 41, United States Code. 

21 (2) RELEVANT CONGRESSIONAL COMMIT22 TEES.—The term ‘‘relevant congressional commit23 tees’’ means each of the following: 


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1 (A) The Committee on Oversight and Gov2 ernment Reform of the House of Representa3 tives. 

4 (B) The Committee on Homeland Security 

5 and Governmental Affairs of the Senate. 

6 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated $2,000,000 

8 for each of fiscal years 2015 through 2021— 

9 (1) to carry out the functions of the Board of 

10 Suspension and Debarment established under sec11 tion 6401 of title 31, United States Code (as added 

12 by section 2), that are in addition to functions al13 ready carried out by personnel of the General Serv14 ices Administration as of October 1, 2013; and 

15 (2) for implementation of the case management 

16 system required under section 4. 

17 SEC. 11. EFFECTIVE DATE. 

18 This Act, and the amendments made by this Act, 

19 shall take effect on October 1, 2014. 


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Union Calendar No. 501 

113TH CONGRESS 

2D SESSION H. R. 3345 

[Report No. 113–669] 

A BILL 

To amend title 31, United States Code, to consoliother purposes. date suspension and debarment offices, and for 

DECEMBER 12, 2014 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 21:23 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00026 Fmt 6651 Sfmt 6651 E:\BILLS\H3345.RH H3345

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