I 
115TH CONGRESS 
1ST SESSION H. R. 4112 
To ensure the safety of workers of contractors that serve and supply the 
Armed Forces and the accountable use of taxpayer dollars. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 24, 2017 
Mr. 
POCAN
(for 
himself, 
Ms. 
SCHAKOWSKY, 
Mr. 
CICILLINE, 
Mr. 
DESAULNIER, Ms. LEE, Mr. CONYERS, Mr. NADLER, Mr. TAKANO, Ms. 
KAPTUR, Mr. NORCROSS, Mr. PALLONE, and Mr. MCGOVERN) introduced 
the following bill; which was referred to the Committee on Armed Serv-
ices 
A BILL 
To ensure the safety of workers of contractors that serve 
and supply the Armed Forces and the accountable use 
of taxpayer dollars. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Contractor Account-
ability and Workplace Safety Act of 2017’’. 
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SEC. 2. DEPARTMENT OF DEFENSE CONTRACTOR WORK-
PLACE SAFETY AND ACCOUNTABILITY. 
(a) IDENTIFICATION OF KNOWN WORKPLACE SAFE-
TY AND HEALTH VIOLATIONS.— 
(1) IN GENERAL.—A contracting officer, prior 
to awarding or renewing a covered contract, shall, as 
part of the responsibility determination, consider any 
identified violations of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.) or 
equivalent State laws by the offeror, and by any cov-
ered subcontractors. 
(2) RESPONSIBILITY
DETERMINATION.—The 
contracting officer shall consider violations described 
in paragraph (1) in determining whether the offeror 
is a responsible source with a satisfactory record of 
performance that meets mission and ethical stand-
ards. 
(3) REFERRAL OF INFORMATION TO SUSPEN-
SION AND DEBARMENT OFFICIALS.—As appropriate, 
a contracting officer shall refer matters related to 
violations described in paragraph (1) to the Depart-
ment of Defense’s suspension and debarment official 
in accordance with Department procedures. 
(b) CONTRACTOR RIGHTS.—The Secretary of De-
fense shall establish policies and practices— 
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(1) ensuring that when making responsibility 
determinations, contracting officers request that 
contractors provide any and all information the con-
tractors deem necessary to demonstrate responsi-
bility prior to final determinations; 
(2) establishing mechanisms for contractors to 
have an expedited process to review any information 
used to support determinations of non-responsibility; 
and 
(3) establishing mechanisms for contractors to 
have an expedited process to appeal determinations 
of non-responsibility. 
(c) PROTEST RIGHTS.—The Secretary of Defense 
shall protect the rights of contractors to protest bids and 
appeal actions taken pursuant to this section. 
(d) TRAINING AND GUIDANCE.—The Secretary of 
Defense shall develop and provide clear training and guid-
ance to acquisition officials, contracting officers, and cur-
rent and potential contractors regarding implementation 
policies and practices for this section. 
(e) COMPTROLLER GENERAL REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Comptroller General of the United States shall sub-
mit to the Department of Defense and the congres-
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sional defense committees a report on the health and 
safety records of Department of Defense contrac-
tors. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) A description of the Department of 
Defense’s existing procedures to evaluate the 
safety and health records of current and pro-
spective contractors. 
(B) An evaluation of the Department’s ad-
herence to those procedures. 
(C) An assessment of the current incidence 
of health and safety violations by Department 
contractors. 
(D) An assessment of whether the Depart-
ment of Labor has the resources to investigate 
and identify safety and health violations by De-
partment of Defense contractors. 
(E) An assessment of whether the Depart-
ment of Labor should consider assuming an ex-
panded investigatory role or a targeted enforce-
ment program for ensuring the safety and 
health of workers under Department of Defense 
contracts. 
(f) DEFINITIONS.—In this section: 
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(1) CONGRESSIONAL DEFENSE COMMITTEES.— 
The term ‘‘congressional defense committees’’ has 
the meaning given the term in section 101(a)(16) of 
title 10, United States Code. 
(2) COVERED CONTRACT.—The term ‘‘covered 
contract’’ means a Department of Defense contract 
for the procurement of property or services, includ-
ing construction, valued in excess of $1,000,000. 
(3) COVERED
SUBCONTRACTOR.—The term 
‘‘covered subcontractor’’ means a subcontractor list-
ed in the bid for a covered contract or known by the 
Department of Defense to be a subcontractor of the 
offeror. 
Æ 
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