I 
113TH CONGRESS 
1ST SESSION H. R. 3345 
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 Com-
mittee on Oversight and Government Reform 
A BILL 
To amend title 31, United States Code, to consolidate 
suspension and debarment offices, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Stop Unworthy Spending Act’’ or the ‘‘SUSPEND Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
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Sec. 7. Coordination of remedies for fraud and corruption related to procure-
ment and grant activities. 
Sec. 8. Transfer, redesignation, and amendment of other provision of law relat-
ing to debarment and suspension. 
Sec. 9. Definitions. 
Sec. 10. Authorization of appropriations. 
Sec. 11. Effective date. 
SEC. 2. CONSOLIDATION OF SUSPENSION AND DEBARMENT 
OFFICES. 
(a) ESTABLISHMENT OF BOARD OF SUSPENSION AND 
DEBARMENT.— 
(1) IN
GENERAL.—Subtitle V of title 31, 
United States Code, is amended by inserting after 
chapter 63 the following new chapter: 
‘‘CHAPTER 64—SUSPENSION AND 
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. 
‘‘6404. Uniform suspension, debarment, or exclusion from procurement or non-
procurement activity. 
‘‘§ 6401. Board of Suspension and Debarment 
‘‘(a) ESTABLISHMENT.—There is established in the 
General Services Administration a board for suspension 
and debarment to be known as the Board of Suspension 
and Debarment (in this section referred to as the ‘Board’). 
‘‘(b) PURPOSES.—The purposes of the Board are to 
serve as a centralized body to manage all executive agency 
suspension and debarment activities and improve the sus-
pension and debarment system through— 
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‘‘(1) the transparent and efficient handling of 
cases; 
‘‘(2) the effective oversight of the Government-
wide database containing the list of all excluded par-
ties ineligible for Federal programs pursuant to Ex-
ecutive Orders No. 12549 and No. 12689, including 
oversight to ensure receipt of information from other 
agencies and to ensure timeliness, accuracy, and 
completeness of the database; 
‘‘(3) the consistent and fair treatment of all 
persons and entities subject to suspension or debar-
ment proceedings, including small businesses with 
limited resources; and 
‘‘(4) active engagement with remedy coordina-
tion officials (as defined in section 2307(i)(10) of 
title 10 and section 4506 of title 41) within execu-
tive agencies for efficient referral of contractors, 
grantees, or other recipients of Federal financial as-
sistance suspected of committing wrongful actions or 
repeatedly performing poorly. 
‘‘(c) EFFECT OF DETERMINATIONS OF BOARD.— 
‘‘(1) 
CONCLUSIVE
ON
GOVERNMENTWIDE 
BASIS.—The determination by the Board on whether 
or not to debar or suspend a contractor, grantee, or 
other recipient of Federal financial assistance is con-
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clusive on a Governmentwide basis. No other agency 
may take a contrary action on a Governmentwide 
basis with respect to the same contractor, grantee, 
or other recipient based on the facts and cir-
cumstances in the administrative record considered 
by the Board. 
‘‘(2) CONSIDERATION OF NEW OR ADDITIONAL 
EVIDENCE.—In considering any new or additional 
evidence of nonresponsibility of a contractor, grant-
ee, or other recipient of Federal financial assistance 
not previously considered by the Board, an agency, 
in determining whether to award another grant or 
contract or other Federal financial assistance to 
such contractor, grantee, or other recipient, may 
consider the cumulative effect of the facts and cir-
cumstances previously considered by the Board. 
‘‘(d) MEMBERSHIP.— 
‘‘(1) APPOINTMENT.—The Board shall consist 
of members appointed by the Administrator of Gen-
eral Services (in consultation with the Administrator 
for Federal Procurement Policy) from a register of 
applicants maintained by the Administrator of Gen-
eral Services, in accordance with rules issued by the 
Administrator of General Services (in consultation 
with the Administrator for Federal Procurement 
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Policy) for establishing and maintaining a register of 
eligible applicants and selecting members. The Ad-
ministrator of General Services shall appoint a mem-
ber without regard to political affiliation and solely 
on the basis of the professional qualifications re-
quired to perform the duties and responsibilities of 
a member. 
‘‘(2) CHAIR.—The Administrator of General 
Services shall designate one member of the Board to 
serve as Chair of the Board. The position of Chair 
of the Board shall be a Senior Executive Service po-
sition (as defined by section 3132(a)(2) of title 5). 
‘‘(3) REMOVAL.—The Administrator of General 
Services, with the consent of the Administrator for 
Federal Procurement Policy, may remove the Chair 
or any other member of the Board. 
‘‘(e) SHARING OF RESOURCES.—The Administrator 
of General Services shall provide to the Board such admin-
istrative resources as are necessary for the Board to carry 
out its functions. In carrying out this subsection, the Ad-
ministrator may provide for the sharing of administrative 
resources of the Civilian Board of Contract Appeals, such 
as the Board’s information technology infrastructure, case 
management system, legal resources, and facilities. 
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‘‘(f) PARTICIPATION
BY ADDITIONAL ENTITIES.— 
The Board may enter into an agreement with any other 
entity that receives Federal funds for the Board to per-
form suspension and debarment activities on behalf of the 
entity. 
‘‘(g) ANNUAL REPORT TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than October 30 
of each year, the Chair of the Board shall submit to 
the relevant congressional committees a report con-
taining the following: 
‘‘(A) A summary of the activities and ac-
complishments of the Board in the Government-
wide suspension and debarment system, includ-
ing the total number of referrals, timeliness of 
case disposition, and breakdown of discretionary 
and nondiscretionary cases. 
‘‘(B) Recommendations to improve the sus-
pension and debarment system. 
‘‘(2) FORM
OF
REPORT.—The Chair of the 
Board may combine the report with the report re-
quired by section 6402(c)(7) of this title. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning provided in section 133 of 
title 41. 
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‘‘(2) 
RELEVANT
CONGRESSIONAL
COMMIT-
TEES.—The term ‘relevant congressional commit-
tees’ means each of the following: 
‘‘(A) The Committee on Oversight and 
Government Reform of the House of Represent-
atives. 
‘‘(B) The Committee on Homeland Secu-
rity and Governmental Affairs of the Senate. 
‘‘(3) INTERAGENCY SUSPENSION AND DEBAR-
MENT COMMITTEE.—The term ‘Interagency Suspen-
sion and Debarment Committee’ means the com-
mittee established under section 6402 of this title.’’. 
(2) DEADLINE FOR APPOINTMENT OF BOARD 
MEMBERS.—The members of the Board of Suspen-
sion and Debarment under section 6401 of title 31, 
United States Code, as added by paragraph (1), 
shall be appointed not later than one year after the 
date of the enactment of this Act. 
(3) CLERICAL
AMENDMENT.—The table of 
chapters at the beginning of subtitle V of title 31, 
United States Code, is amended by inserting after 
the item relating to chapter 63 the following new 
item: 
‘‘64. Suspension and Debarment ............................................................. 6401’’. 
(b) TERMINATION OF EXECUTIVE AGENCY SUSPEN-
SION AND DEBARMENT OFFICES.— 
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(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), effective on October 1, 2016, the 
suspension and debarment office or function in each 
executive agency shall terminate. 
(2) WAIVERS.— 
(A) REQUIRED
WAIVERS.—Notwithstand-
ing paragraph (1), the Director of the Office of 
Management and Budget shall grant a waiver 
to any executive agency listed in section 901(b) 
of title 31, United States Code, or section 102 
of title 5, other than the General Services Ad-
ministration, that has demonstrated the exist-
ence of the following within the agency: 
(i) A dedicated suspension and debar-
ment program and staff. 
(ii) Detailed agency-specific policies 
and procedures relating to suspension and 
debarment. 
(iii) Practices that encourage an ac-
tive suspension and debarment referral 
process. 
(iv) In the case of an agency with 
multiple bureaus, offices, or subordinate 
organizations, a consolidated suspension 
and debarment program with only one in-
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dividual with the title and designation of 
‘‘Suspension and Debarment Officer’’ for 
the entire agency. 
(v) Average annual disposition of dis-
cretionary suspension and debarment cases 
of 50 or more, regardless of the outcome, 
during the three preceding fiscal years. 
(B) LENGTH OF WAIVER.—A waiver under 
this paragraph shall be for five years and may 
be renewed more than once. 
(3) SMALL BUSINESS ADMINISTRATION.—Not-
withstanding paragraphs (1) and (2), the Small 
Business Administration shall maintain its inde-
pendent authority and function relating to suspen-
sion and debarment pursuant to section 16(d) of the 
Small Business Act (15 U.S.C. 645). Any other sus-
pension and debarment activities unrelated to such 
section 16(d) shall terminate in accordance with 
paragraph (1). 
(c) GUIDANCE.—Within 6 months after the date of 
the enactment of this Act, the Director of the Office of 
Management and Budget, in consultation with the Chief 
Acquisition Officers Council, shall issue guidance address-
ing the scope and operation of the Board of Suspension 
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and Debarment. The guidance shall address, at a min-
imum, the following: 
(1) The size, structure, and organization of the 
Board to efficiently manage all executive agency sus-
pension and debarment actions. 
(2) Procedures for appointment of the Chair of 
the Board, including appropriate instructions to ap-
point without regard to political affiliation and solely 
on the basis of the professional qualifications re-
quired to perform the duties and responsibilities of 
the Chair of the Board. 
(3) Procedures for handling new and existing 
suspension and debarment cases to accomplish time-
ly transfer of all functions to the Board. 
SEC. 3. INTERAGENCY SUSPENSION AND DEBARMENT COM-
MITTEE. 
(a) ESTABLISHMENT.—Chapter 64 of title 31, 
United States Code, as inserted by section 2(a) of this 
Act, is further amended by adding at the end the following 
new section: 
‘‘§ 6402. Interagency Suspension and Debarment 
Committee 
‘‘(a) ESTABLISHMENT.—There is established the 
Interagency Suspension and Debarment Committee (in 
this section referred to as the ‘Interagency Committee’ 
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