To provide for the debarment or suspension from Federal procurement and nonprocurement activities of persons that violate certain labor and safety laws. IN THE HOUSE OF REPRESENTATIVES
May 15, 1997 Mr. EVANS (for himself, Mr. GEPHARDT, Mr. BONIOR, Ms. NORTON, Mr. COYNE, Mr. FROST, Mr. OLVER, Ms. SLAUGHTER, Mr. HOLDEN, Mr. FILNER, Mr. FALEOMAVAEGA, Mr. KLINK, Mr. MASCARA, Mr. DOYLE, Mr. HINCHEY, Mr. BORSKI, Mr. RUSH, Mr. MARTINEZ, Mr. TORRES, Ms. CARSON, Mr. ABERCROMBIE, Mr. SANDERS, Mr. BROWN of California, and Mr. LIPINSKI) introduced the following bill; which was referred to the Committee on Government Reform and Oversight, and in addition to the Committee on Education and the Workforce, 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 debarment or suspension from Federal procurement and nonprocurement activities of persons that violate certain labor and safety laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Federal Procurement and Assistance Integrity Act'.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the efficiency and effectiveness and protect the integrity of the Federal procurement and assistance systems by ensuring that the Federal Government does business with responsible contractors and participants.
SEC. 3. DEBARMENT AND SUSPENSION FOR VIOLATORS OF CERTAIN LABOR AND SAFETY LAWS.
(a) DEBARMENT AND SUSPENSION- The Secretary of Labor may debar or suspend a person from procurement activities or nonprocurement activities upon a finding, in accordance with procedures developed under this section, that the person violated any of the following laws:
(1) The National Labor Relations Act (29 U.S.C. 151 et seq.).
(2) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(3) The Occupational Safety and Health Act (29 U.S.C. 651 et seq.).
(4) Section 4212(a) of title 38, United States Code.
(b) PROCEDURES- The Secretary of Labor and the National Labor Relations Board shall jointly develop procedures to determine whether a violation of a law listed in subsection (a) is serious enough to warrant debarment or suspension under that subsection. The procedures shall provide for an assessment of the nature and extent of compliance with such laws, including whether there are or were single or multiple violations of those laws or other labor or safety laws and whether the violations occur or have occurred at one facility, several facilities, or throughout the company concerned. In developing the procedures, the Secretary and the Board shall consult with departments and agencies of the Federal Government and provide, to the extent feasible, for ongoing exchanges of information between the departments and agencies and the Department of Labor and the Board in order to accurately carry out such assessments.
(c) DEFINITIONS- In this section:
(1) The term `debar' means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting, or from participation in nonprocurement activities, for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance.
(2) The term `suspend' means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting, or from participation in nonprocurement activities, for a temporary period of time because an entity or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.
(3) The term `procurement activities' means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation.
(4) 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.
(d) EFFECTIVE DATE- This Act shall take effect on October 1, 1997.
(e) REGULATIONS- The Federal Acquisition Regulation and the regulations issued pursuant to Executive Order No. 12549 shall be revised to include provisions to carry out this Act.
(f) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary of Labor and the National Labor Relations Board shall jointly submit to Congress a report on the implementation of this Act.
END
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