I 

111TH CONGRESS 

1ST SESSION H. R. 2825 

To require the Secretary of Defense to debar from contracting with the 

Department of Defense any company found to have jeopardized the 

health or safety of Government personnel or found guilty of contract 

fraud, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2009 

Ms. SHEA-PORTER (for herself, Ms. MOORE of Wisconsin, Mr. CARNAHAN, 

Mr. MCGOVERN, Ms. SCHAKOWSKY, Mr. DEFAZIO, Mr. NYE, and Mr. 

BISHOP of New York) introduced the following bill; which was referred 

to the Committee on Armed Services 

A BILL 

To require the Secretary of Defense to debar from contracting with the Department of Defense any company 

found to have jeopardized the health or safety of Government personnel or found guilty of contract fraud, and 

for other purposes. 

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. 

4 This Act may be cited as the ‘‘Safety in Defense Con5 tracting Act’’. 


jbell on PROD1PC69 with BILLS
2 

•HR 2825 IH

1 SEC. 2. REQUIREMENT FOR SECRETARY OF DEFENSE TO 

2 DEBAR COMPANIES FOUND TO JEOPARDIZE 

3 HEALTH OR SAFETY OF GOVERNMENT PER4 SONNEL OR FOUND GUILTY OF CONTRACT 

5 FRAUD. 

6 (a) REQUIREMENT TO DEBAR.— 

7 (1) PRIME CONTRACTORS.—The Secretary of 

8 Defense shall debar from contracting with the De9 partment of Defense any defense contractor— 

10 (A) that has been determined, through a 

11 criminal, civil, or administrative proceeding that 

12 results in a disposition listed in subsection (f), 

13 in the performance of a covered contract— 

14 (i) to have caused serious injury or 

15 death to any civilian or military personnel 

16 of the Government through gross neg17 ligence or with reckless disregard for the 

18 safety of such personnel; or 

19 (ii) to have committed fraud; or 

20 (B) that awarded a subcontract under a 

21 covered contract to a subcontractor that has 

22 been determined, through a criminal, civil, or 

23 administrative proceeding that results in a dis24 position listed in subsection (f), in the perform25 ance of the subcontract— 


jbell on PROD1PC69 with BILLS
3 

•HR 2825 IH

1 (i) to have caused serious injury or 

2 death to any civilian or military personnel 

3 of the Government, through gross neg4 ligence or with reckless disregard for the 

5 safety of such personnel; or 

6 (ii) to have committed fraud. 

7 (2) SUBCONTRACTORS.—The Secretary of De8 fense shall debar from contracting with the Depart9 ment of Defense any subcontractor under a covered 

10 contract with respect to which a determination de11 scribed in paragraph (1)(B) has been made. The 

12 Secretary of Defense also shall require, as a condi13 tion of any defense contract, that no subcontract 

14 may be awarded under the contract to any subcon15 tractor with respect to which a determination de16 scribed in paragraph (1)(B) has been made. 

17 (b) DEFINITIONS.—In this section: 

18 (1) The term ‘‘defense contractor’’ means a 

19 company awarded a covered contract. 

20 (2) The term ‘‘covered contract’’ means a con21 tract awarded by the Department of Defense in an 

22 amount in excess of $500,000 for the procurement 

23 of goods or services. 

24 (c) APPLICABILITY OF DEBARMENT.—A debarment 

25 required by subsection (a) shall apply only with respect 


jbell on PROD1PC69 with BILLS
4 

•HR 2825 IH

1 to contracts sought by an offeror for the same or similar 

2 goods or services as those provided or performed under 

3 the contract or subcontract with respect to which a deter4 mination described in subparagraph (A) or (B) of sub5 section (a)(1) was made. 

6 (d) PERIOD OF DEBARMENT.—The debarment re7 quired by subsection (a) shall apply for a period of not 

8 less than five years after the date of the determination 

9 described in subsection (a)(1). 

10 (e) WAIVER.—The debarment required by subsection 

11 (a) may be waived by the Secretary of Defense on a case12 by-case basis if the Secretary finds that the debarment 

13 would jeopardize national security. 

14 (f) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR

15 ADMINISTRATIVE PROCEEDINGS.—For purposes of sub16 section (a), the dispositions listed in this subsection are 

17 as follows: 

18 (1) In a criminal proceeding, a conviction. 

19 (2) In a civil proceeding, a finding of fault and 

20 liability that results in the payment of a monetary 

21 fine, penalty, reimbursement, restitution, or damages 

22 of $5,000 or more. 

23 (3) In an administrative proceeding, a finding 

24 of fault and liability that results in— 


jbell on PROD1PC69 with BILLS
5 

•HR 2825 IH

1 (A) the payment of a monetary fine or 

2 penalty of $5,000 or more; or 

3 (B) the payment of a reimbursement, res4 titution, or damages in excess of $100,000. 

5 (4) To the maximum extent practicable and 

6 consistent with applicable laws and regulations, in a 

7 criminal, civil, or administrative proceeding, a dis8 position of the matter by consent or compromise 

9 with an acknowledgment of fault by the person if the 

10 proceeding could have led to any of the outcomes 

11 specified in paragraph (1), (2), or (3). 

12 SEC. 3. WITHHOLDING OF CERTAIN CONTRACT FEES. 

13 In the case of any defense contractor that receives 

14 a level III corrective action request from the Defense Con15 tract Management Agency in a fiscal year, the Secretary 

16 of Defense shall withhold any award or incentive fees on 

17 the contract for that fiscal year. With respect to any such 

18 fees already paid to the contractor during that fiscal year, 

19 the Secretary shall require the contractor to pay back the 

20 fees. 

Æ 


jbell on PROD1PC69 with BILLS