Home > 106th Congressional Bills > H.R. 4386 (eas) [Engrossed Amendment Senate] ...
H.R. 4386 (eas) [Engrossed Amendment Senate] ...
108th CONGRESS
2d Session
H. R. 4385
To provide for the suspension from Federal procurement and
nonprocurement activities of persons that have not paid a fine
resulting from a violation of the Occupational Safety and Health Act of
1970 that causes the death of an employee.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2004
Mr. Lynch introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committee on Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the suspension from Federal procurement and
nonprocurement activities of persons that have not paid a fine
resulting from a violation of the Occupational Safety and Health Act of
1970 that causes the death of an employee.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FEDERAL CONTRACTS SUSPENSION FOR UNPAID FINES RESULTING FROM
VIOLATIONS OF OSHA THAT CAUSE DEATH OF AN EMPLOYEE.
(a) Suspension.--Section 17(e) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 666(e)) is amended--
(1) by striking ``(e)'' and inserting ``(e)(1)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall suspend a person from procurement
activities and nonprocurement activities upon a finding by the
Secretary that the person has not paid a fine imposed for a violation
of paragraph (1). Such suspension shall continue until a finding by the
Secretary that the fine is paid.
``(B) In this paragraph:
``(i) The term `suspend' means to disqualify, pursuant to
established administrative procedures, from Government
contracting and subcontracting, or from participation in
nonprocurement activities.
``(ii) The term `procurement activities' means all
acquisition programs and activities of the Federal Government,
as defined in the Federal Acquisition Regulation.
``(iii) The term `nonprocurement activities' means all
programs and activities involving Federal financial and
nonfinancial assistance and benefits, as covered by Executive
Order No. 12549 and the Office of Management and Budget
guidelines implementing that order.''.
(b) Regulations.--The Federal Acquisition Regulation and the
guidelines implementing Executive Order No. 12549 shall be revised to
include provisions to carry out the amendments made by subsection (a).
<all>
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