H. R. 2068—111
(2) SECTION 3145.—Section 3145 of this title applies to contrac-
tors and subcontractors referred to in section 3145 who are
engaged in the performance of contracts subject to this chapter.
§ 3704. Health and safety standards in building trades and
construction industry
(a) CONDITION OF CONTRACTS.—
(1) IN GENERAL.—Each contract in an amount greater than
$100,000 that is entered into under legislation subject to
Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950,
64 Stat. 1267) and is for construction, alteration, and repair,
including painting and decorating, must provide that no con-
tractor or subcontractor contracting for any part of the contract
work shall require any laborer or mechanic employed in the
performance of the contract to work in surroundings or under
working conditions that are unsanitary, hazardous, or dan-
gerous to health or safety, as established under construction
safety and health standards the Secretary of Labor prescribes
by regulation based on proceedings pursuant to section 553
of title 5, provided that the proceedings include a hearing
similar in nature to that authorized by section 553.
(2) CONSULTATION.—In formulating standards under this sec-
tion, the Secretary shall consult with the Advisory Committee
created by subsection (d) of this section.
(b) COMPLIANCE.—
(1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make
inspections, hold hearings, issue orders, and make decisions
based on findings of fact as the Secretary considers necessary
to gain compliance with this section and any health and safety
standard the Secretary prescribes under subsection (a). For
those purposes the Secretary and the United States district
courts have the authority and jurisdiction provided by sections
4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).
(2) REMEDY WHEN NONCOMPLIANCE FOUND.—When the Sec-
retary, after an opportunity for an adjudicatory hearing by
the Secretary, establishes noncompliance under this section
of any condition of a contract described in—
(A) section 3701(b)(1)(B)(i) or (ii) of this title, the govern-
mental agency for which the contract work is done may
cancel the contract and make other contracts for the
completion of the contract work, charging any additional
cost to the original contractor; or
(B) section 3701(b)(1)(B)(iii) of this title, the govern-
mental agency which is providing the financial guarantee,
assistance, or insurance for the contract work may withhold
the guarantee, assistance, or insurance attributable to the
performance of the contract.
(3) NONAPPLICABILITY.—Section 3703 of this title does not
apply to the enforcement of this section.
(c) REPEATED VIOLATIONS.—
(1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMP-
TROLLER GENERAL.—When the Secretary, after an opportunity
for an agency hearing, decides on the record that, by repeated
willful or grossly negligent violations of this chapter, a con-
tractor or subcontractor has demonstrated that subsection (b)
is not effective to protect the safety and health of the employees
of the contractor or subcontractor, the Secretary shall make
H. R. 2068—112
a finding to that effect and, not sooner than 30 days after
giving notice of the finding to all interested persons, shall
transmit the name of the contractor or subcontractor to the
Comptroller General.
(2) BAN ON AWARDING CONTRACTS.—The Comptroller General
shall distribute each name transmitted under paragraph (1)
to all agencies of the Federal Government. Unless the Secretary
otherwise recommends, the contractor, subcontractor, or any
person in which the contractor or subcontractor has a substan-
tial interest may not be awarded a contract subject to this
section until three years have elapsed from the date the name
is transmitted to the Comptroller General. The Secretary shall
terminate the ban if, before the end of the three-year period,
the Secretary, after affording interested persons due notice
and an opportunity for a hearing, is satisfied that a contractor
or subcontractor whose name was transmitted to the Comp-
troller General will comply responsibly with the requirements
of this section. The Comptroller General shall inform all
Government agencies after being informed of the Secretary’s
action.
(3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s
action under this subsection or subsection (b) may file with
the appropriate United States court of appeals a petition for
review of the Secretary’s action within 60 days after receiving
notice of the Secretary’s action. The clerk of the court imme-
diately shall send a copy of the petition to the Secretary.
The Secretary then shall file with the court the record on
which the action is based. The findings of fact by the Secretary,
if supported by substantial evidence, are final. The court may
enter a decree enforcing, modifying, modifying and enforcing,
or setting aside any part of, the order of the Secretary or
the appropriate Government agency. The judgment of the court
may be reviewed by the Supreme Court as provided in section
1254 of title 28.
(d) ADVISORY
COMMITTEE
ON
CONSTRUCTION
SAFETY
AND
HEALTH.—
(1) ESTABLISHMENT.—There is an Advisory Committee on
Construction Safety and Health in the Department of Labor.
(2) COMPOSITION.—The Committee is composed of nine mem-
bers appointed by the Secretary, without regard to chapter
33 of title 5, as follows:
(A) Three members shall be individuals representative
of contractors to whom this section applies.
(B) Three members shall be individuals representative
of employees primarily in the building trades and construc-
tion industry engaged in carrying out contracts to which
this section applies.
(C) Three members shall be public representatives who
shall be selected on the basis of their professional and
technical competence and experience in the construction
health and safety field.
(3) CHAIRMAN.—The Secretary shall appoint one member as
Chairman.
(4) DUTIES.—The Committee shall advise the Secretary—
(A) in formulating construction safety and health stand-
ards and other regulations; and
(B) on policy matters arising in carrying out this section.
H. R. 2068—113
(5) EXPERTS AND CONSULTANTS.—The Secretary may appoint
special advisory and technical experts or consultants as may
be necessary to carry out the functions of the Committee.
(6) COMPENSATION AND EXPENSES.—Committee members are
entitled to receive compensation at rates the Secretary fixes,
but not more than $100 a day, including traveltime, when
performing Committee business, and expenses under section
5703 of title 5.
§ 3705. Safety programs
The Secretary of Labor shall—
(1) provide for the establishment and supervision of programs
for the education and training of employers and employees
in the recognition, avoidance, and prevention of unsafe working
conditions in employment covered by this chapter; and
(2) collect reports and data and consult with and advise
employers as to the best means of preventing injuries.
§ 3706. Limitations, variations, tolerances, and exemptions
The Secretary of Labor may provide reasonable limitations to,
and may prescribe regulations allowing reasonable variations to,
tolerances from, and exemptions from, this chapter that the Sec-
retary may find necessary and proper in the public interest to
prevent injustice or undue hardship or to avoid serious impairment
of the conduct of Federal Government business.
§ 3707. Contractor certification or contract clause in acquisi-
tion of commercial items not required
In a contract to acquire a commercial item (as defined in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)),
a certification by a contractor or a contract clause may not be
required to implement a prohibition or requirement in this chapter.
§ 3708. Criminal penalties
A contractor or subcontractor having a duty to employ, direct,
or control a laborer or mechanic employed in the performance
of work contemplated by a contract to which this chapter applies
that intentionally violates this chapter shall be fined under title
18, imprisoned for not more than six months, or both.
PART B—UNITED STATES CAPITOL
CHAPTER 51—UNITED STATES CAPITOL BUILDINGS
AND GROUNDS
Sec.
5101.
Definition.
5102.
Legal description and jurisdiction of United States Capitol Grounds.
5103.
Restrictions on public use of United States Capitol Grounds.
5104.
Unlawful activities.
5105.
Assistance to authorities by Capitol employees.
5106.
Suspension of prohibitions.
5107.
Concerts on grounds.
5108.
Audit of private organizations.
5109.
Penalties.
§ 5101. Definition
In this chapter, the term ‘‘Capitol Buildings’’ means the United
States Capitol, the Senate and House Office Buildings and garages,
H. R. 2068—114
the Capitol Power Plant, all subways and enclosed passages con-
necting two or more of those structures, and the real property
underlying and enclosed by any of those structures.
§ 5102. Legal description and jurisdiction of United States
Capitol Grounds
(a) LEGAL DESCRIPTION.—The United States Capitol Grounds
comprises all squares, reservations, streets, roadways, walks, and
other areas as defined on a map entitled ‘‘Map showing areas
comprising United States Capitol Grounds’’, dated June 25, 1946,
approved by the Architect of the Capitol, and recorded in the
Office of the Surveyor of the District of Columbia in book 127,
page 8, including all additions added by law after June 25, 1946.
(b) JURISDICTION.—
(1) ARCHITECT OF THE CAPITOL.—The jurisdiction and control
over the Grounds, vested prior to July 31, 1946, by law in
the Architect, is extended to the entire area of the Grounds.
Except as provided in paragraph (2), the Architect is responsible
for the maintenance and improvement of the Grounds, including
those streets and roadways in the Grounds as shown on the
map referred to in subsection (a) as being under the jurisdiction
and control of the Commissioners of the District of Columbia.
(2) MAYOR OF THE DISTRICT OF COLUMBIA.—
(A) IN GENERAL.—The Mayor of the District of Columbia
is responsible for the maintenance and improvement of
those portions of the following streets which are situated
between the curblines of those streets: Constitution Avenue
from Second Street Northeast to Third Street Northwest,
First Street from D Street Northeast to D Street Southeast,
D Street from First Street Southeast to Washington Avenue
Southwest, and First Street from the north side of Lou-
isiana Avenue to the intersection of C Street and Wash-
ington Avenue Southwest, Pennsylvania Avenue Northwest
from First Street Northwest to Third Street Northwest,
Maryland Avenue Southwest from First Street Southwest
to Third Street Southwest, Second Street Northeast from
F Street Northeast to C Street Southeast; C Street South-
east from Second Street Southeast to First Street South-
east; that portion of Maryland Avenue Northeast from Sec-
ond Street Northeast to First Street Northeast; that portion
of New Jersey Avenue Northwest from D Street Northwest
to Louisiana Avenue; that portion of Second Street South-
west from the north curb of D Street to the south curb
of Virginia Avenue Southwest; that portion of Virginia
Avenue Southwest from the east curb of Second Street
Southwest to the west curb of Third Street Southwest;
that portion of Third Street Southwest from the south
curb of Virginia Avenue Southwest to the north curb of
D Street Southwest; that portion of D Street Southwest
from the west curb of Third Street Southwest to the east
curb of Second Street Southwest; that portion of Wash-
ington Avenue Southwest, including sidewalks and traffic
islands, from the south curb of Independence Avenue
Southwest to the west curb of South Capitol Street.
(B) REPAIR AND MAINTENANCE OF UTILITY SERVICES.—
The Mayor may enter any part of the Grounds to repair
or maintain or, subject to the approval of the Architect,