[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4385 Introduced in House (IH)]






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>