I

106TH CONGRESS

1ST SESSION H. R. 1227

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

MARCH 23, 1999

Mr. EVANS (for himself, Mr. FILNER, Mr. BROWN of Ohio, Ms. NORTON, Mr.

BONIOR, Mr. PASTOR, Mrs. MINK of Hawaii, Mr. RUSH, Ms. KAPTUR,

Mr. COYNE, Mr. MARTINEZ, Mr. KILDEE, Mr. BARRETT of Wisconsin,

Mr. MASCARA, Mr. TIERNEY, Ms. KILPATRICK, Mr. FALEOMAVAEGA, Mr.

OLVER, Mr. VENTO, Mr. DOYLE, Mr. BALDACCI, Mr. GEJDENSON, Mr.

LIPINSKI, Mr. GREEN of Texas, Mr. KLECZKA, Mr. ABERCROMBIE, Mr.

KLINK, Mr. GEPHARDT, Mr. HINCHEY, Mr. HOLDEN, Mr. BROWN of

California, Mr. STRICKLAND, and Ms. BERKLEY) introduced the following

bill; which was referred to the Committee on Government Reform, 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.

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

2 This Act may be cited as the ‘‘Federal Procurement

3 and Assistance Integrity Act’’.

4 SEC. 2. PURPOSE.

5 The purpose of this Act is to improve the efficiency

6 and effectiveness and protect the integrity of the Federal

7 procurement and assistance systems by ensuring that the

8 Federal Government does business with responsible con9 tractors and participants.

10 SEC. 3. DEBARMENT AND SUSPENSION FOR VIOLATORS OF

11 CERTAIN LABOR AND SAFETY LAWS.

12 (a) DEBARMENT AND SUSPENSION.—The Secretary

13 of Labor may debar or suspend a person from procure14 ment activities or nonprocurement activities upon a find15 ing, in accordance with procedures developed under this

16 section, that the person violated any of the following laws:

17 (1) The National Labor Relations Act (29

18 U.S.C. 151 et seq.).

19 (2) The Fair Labor Standards Act of 1938 (29

20 U.S.C. 201 et seq.).

21 (3) The Occupational Safety and Health Act

22 (29 U.S.C. 651 et seq.).

23 (4) Section 4212(a) of title 38, United States

24 Code.

25 (b) PROCEDURES.—The Secretary of Labor and the

26 National Labor Relations Board shall jointly develop pro-
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1 cedures to determine whether a violation of a law listed

2 in subsection (a) is serious enough to warrant debarment

3 or suspension under that subsection. The procedures shall

4 provide for an assessment of the nature and extent of com5 pliance with such laws, including whether there are or

6 were single or multiple violations of those laws or other

7 labor or safety laws and whether the violations occur or

8 have occurred at one facility, several facilities, or through9 out the company concerned. In developing the procedures,

10 the Secretary and the Board shall consult with depart11 ments and agencies of the Federal Government and pro12 vide, to the extent feasible, for ongoing exchanges of infor13 mation between the departments and agencies and the De14 partment of Labor and the Board in order to accurately

15 carry out such assessments.

16 (c) DEFINITIONS.—In this section:

17 (1) The term ‘‘debar’’ means to exclude, pursu18 ant to established administrative procedures, from

19 Government contracting and subcontracting, or from

20 participation in nonprocurement activities, for a

21 specified period of time commensurate with the seri22 ousness of the failure or offense or the inadequacy

23 of performance.

24 (2) The term ‘‘suspend’’ means to disqualify,

25 pursuant to established administrative procedures,
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1 from Government contracting and subcontracting, or

2 from participation in nonprocurement activities, for

3 a temporary period of time because an entity or indi4 vidual is suspected of engaging in criminal, fraudu5 lent, or seriously improper conduct.

6 (3) The term ‘‘procurement activities’’ means

7 all acquisition programs and activities of the Federal

8 Government, as defined in the Federal Acquisition

9 Regulation.

10 (4) The term ‘‘nonprocurement activities’’

11 means all programs and activities involving Federal

12 financial and nonfinancial assistance and benefits, as

13 covered by Executive Order No. 12549 and the Of14 fice of Management and Budget guidelines imple15 menting that order.

16 (d) EFFECTIVE DATE.—This Act shall take effect on

17 October 1, 1999.

18 (e) REGULATIONS.—The Federal Acquisition Regula19 tion and the regulations issued pursuant to Executive

20 Order No. 12549 shall be revised to include provisions to

21 carry out this Act.

22 (f) REPORT.—Not later than one year after the date

23 of the enactment of this Act, the Secretary of Labor and
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1 the National Labor Relations Board shall jointly submit

2 to Congress a report on the implementation of this Act.

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