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 con-
tracting with the Department of Defense any company 
found to have jeopardized the health or safety of Govern-
ment personnel or found guilty of contract fraud, 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. 
This Act may be cited as the ‘‘Safety in Defense Con-
tracting Act’’. 
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SEC. 2. REQUIREMENT FOR SECRETARY OF DEFENSE TO 
DEBAR COMPANIES FOUND TO JEOPARDIZE 
HEALTH OR SAFETY OF GOVERNMENT PER-
SONNEL OR FOUND GUILTY OF CONTRACT 
FRAUD. 
(a) REQUIREMENT TO DEBAR.— 
(1) PRIME
CONTRACTORS.—The Secretary of 
Defense shall debar from contracting with the De-
partment of Defense any defense contractor— 
(A) that has been determined, through a 
criminal, civil, or administrative proceeding that 
results in a disposition listed in subsection (f), 
in the performance of a covered contract— 
(i) to have caused serious injury or 
death to any civilian or military personnel 
of the Government through gross neg-
ligence or with reckless disregard for the 
safety of such personnel; or 
(ii) to have committed fraud; or 
(B) that awarded a subcontract under a 
covered contract to a subcontractor that has 
been determined, through a criminal, civil, or 
administrative proceeding that results in a dis-
position listed in subsection (f), in the perform-
ance of the subcontract— 
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(i) to have caused serious injury or 
death to any civilian or military personnel 
of the Government, through gross neg-
ligence or with reckless disregard for the 
safety of such personnel; or 
(ii) to have committed fraud. 
(2) SUBCONTRACTORS.—The Secretary of De-
fense shall debar from contracting with the Depart-
ment of Defense any subcontractor under a covered 
contract with respect to which a determination de-
scribed in paragraph (1)(B) has been made. The 
Secretary of Defense also shall require, as a condi-
tion of any defense contract, that no subcontract 
may be awarded under the contract to any subcon-
tractor with respect to which a determination de-
scribed in paragraph (1)(B) has been made. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘defense contractor’’ means a 
company awarded a covered contract. 
(2) The term ‘‘covered contract’’ means a con-
tract awarded by the Department of Defense in an 
amount in excess of $500,000 for the procurement 
of goods or services. 
(c) APPLICABILITY OF DEBARMENT.—A debarment 
required by subsection (a) shall apply only with respect 
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to contracts sought by an offeror for the same or similar 
goods or services as those provided or performed under 
the contract or subcontract with respect to which a deter-
mination described in subparagraph (A) or (B) of sub-
section (a)(1) was made. 
(d) PERIOD OF DEBARMENT.—The debarment re-
quired by subsection (a) shall apply for a period of not 
less than five years after the date of the determination 
described in subsection (a)(1). 
(e) WAIVER.—The debarment required by subsection 
(a) may be waived by the Secretary of Defense on a case- 
by-case basis if the Secretary finds that the debarment 
would jeopardize national security. 
(f) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR 
ADMINISTRATIVE PROCEEDINGS.—For purposes of sub-
section (a), the dispositions listed in this subsection are 
as follows: 
(1) In a criminal proceeding, a conviction. 
(2) In a civil proceeding, a finding of fault and 
liability that results in the payment of a monetary 
fine, penalty, reimbursement, restitution, or damages 
of $5,000 or more. 
(3) In an administrative proceeding, a finding 
of fault and liability that results in— 
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(A) the payment of a monetary fine or 
penalty of $5,000 or more; or 
(B) the payment of a reimbursement, res-
titution, or damages in excess of $100,000. 
(4) To the maximum extent practicable and 
consistent with applicable laws and regulations, in a 
criminal, civil, or administrative proceeding, a dis-
position of the matter by consent or compromise 
with an acknowledgment of fault by the person if the 
proceeding could have led to any of the outcomes 
specified in paragraph (1), (2), or (3). 
SEC. 3. WITHHOLDING OF CERTAIN CONTRACT FEES. 
In the case of any defense contractor that receives 
a level III corrective action request from the Defense Con-
tract Management Agency in a fiscal year, the Secretary 
of Defense shall withhold any award or incentive fees on 
the contract for that fiscal year. With respect to any such 
fees already paid to the contractor during that fiscal year, 
the Secretary shall require the contractor to pay back the 
fees. 
Æ 
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