II 

117TH CONGRESS 

1ST SESSION S. 2314 

To ensure the safety of workers of contractors that serve and supply the 

Armed Forces and the accountable use of taxpayer dollars. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2021 

Ms. WARREN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To ensure the safety of workers of contractors that serve 

and supply the Armed Forces and the accountable use 

of taxpayer dollars. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Worker 

5 Safety in Contracting Act of 2021’’. 

6 SEC. 2. DEPARTMENT OF DEFENSE CONTRACTOR WORK7 PLACE SAFETY AND ACCOUNTABILITY. 

8 (a) TRAINING AND GUIDANCE.—The Secretary of 

9 Defense shall develop and provide clear training and guid10 ance to acquisition officials, contracting officers, and curVerDate Sep 11 2014 02:48 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2314.IS S2314

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1 rent and potential contractors on an annual basis regard2 ing— 

3 (1) the authorities and requirements of Depart4 ment of Defense officials to consider workplace safe5 ty and health information in the pre-award, award, 

6 and contract performance phases of the contracting 

7 process; and 

8 (2) the availability of relevant contractor safety 

9 information on the Occupational Health and Safety 

10 Administration (OSHA) website. 

11 (b) COMPTROLLER GENERAL REPORT.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, the 

14 Comptroller General of the United States shall sub15 mit to the Department of Defense and the congres16 sional defense committees a report on the health and 

17 safety records of Department of Defense contrac18 tors. 

19 (2) ELEMENTS.—The report required under 

20 paragraph (1) shall include the following elements: 

21 (A) A description of the Department of 

22 Defense’s existing procedures to evaluate the 

23 safety and health records of current and pro24 spective contractors. 


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1 (B) An evaluation of the Department’s ad2 herence to those procedures. 

3 (C) An assessment of the current incidence 

4 of health and safety violations by Department 

5 contractors. 

6 (D) An assessment of whether the Depart7 ment of Labor has the resources to investigate 

8 and identify safety and health violations by De9 partment of Defense contractors. 

10 (E) An assessment of whether the Depart11 ment of Labor should consider assuming an ex12 panded investigatory role or a targeted enforce13 ment program for ensuring the safety and 

14 health of workers under Department of Defense 

15 contracts. 

16 (F) An evaluation of the training and guid17 ance developed under subsection (a). 

18 (c) DEFINITIONS.—In this section: 

19 (1) COVERED CONTRACT.—The term ‘‘covered 

20 contract’’ means a Department of Defense contract 

21 for the procurement of property or services, includ22 ing construction, valued in excess of $1,000,000. 

23 (2) COVERED SUBCONTRACTOR.—The term 

24 ‘‘covered subcontractor’’ means a subcontractor list25 ed in the bid for a covered contract or known by the 


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1 Department of Defense to be a subcontractor of the 

2 offeror. 

3 (d) CONSIDERATION OF SAFETY PERFORMANCE IN

4 CONTRACTS.— 

5 (1) SYSTEM FOR ASSIGNING SAFETY PERFORM6 ANCE RATINGS FOR CERTAIN CONTRACTS.—Not 

7 later than 180 days after the date of the enactment 

8 of this Act, the Secretary of Defense shall develop 

9 a system for assigning safety performance ratings 

10 for Department of Defense contracts in industries 

11 that have relatively high rates of occupational inju12 ries, including manufacturing, construction, and ship 

13 building and repairing. 

14 (2) RATINGS FOR COMPLETED CONTRACTS.— 

15 Beginning in fiscal year 2023, Department of De16 fense contracting officials shall assess contractor 

17 safety performance at the time of contract comple18 tion in industries that have relatively high rates of 

19 occupational injuries. 

20 (3) EVALUATION OF SAFETY PERFORMANCE

21 RECORDS.—Beginning in fiscal year 2023, Depart22 ment of Defense contracting officials shall consider 

23 information about prospective contractors’ records of 

24 safety performance as a factor in awarding contracts 


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1 in industries that have relatively high rates of occu2 pational injuries. 

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