Title: Contractor Accountability and Workplace Safety Act of 2017
Policy area: Armed Forces and National Security

Summary:
Contractor Accountability and Workplace Safety Act of 2017
This bill requires contracting officers of the Department of Defense (DOD), before awarding or renewing a contract for the procurement of property or services, including construction, valued over $1 million, to consider any identified violations of the Occupational Safety and Health Act of 1970 (OSHA) or equivalent state laws by the offeror or any subcontractors.
The bill requires DOD to: (1) shall establish policies and practices with respect to responsibility determinations for contractors, and (2) protect the rights of contractors to protest bids and appeal actions taken under this bill.
The Government Accountability Office must report on the health and safety records of DOD contractors.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1440 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1440

 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

                             June 26, 2017

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Contractor Accountability and 
Workplace Safety Act of 2017''.

SEC. 2. DEPARTMENT OF DEFENSE CONTRACTOR WORKPLACE SAFETY AND 
              ACCOUNTABILITY.

    (a) Identification of Known Workplace Safety 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 covered 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 standards.
            (3) Referral of information to suspension and debarment 
        officials.--As appropriate, a contracting officer shall refer 
        matters related to violations described in paragraph (1) to the 
        Department of Defense's suspension and debarment official in 
        accordance with Department procedures.
    (b) Contractor Rights.--The Secretary of Defense shall establish 
policies and practices--
            (1) ensuring that when making responsibility 
        determinations, contracting officers request that contractors 
        provide any and all information the contractors deem necessary 
        to demonstrate responsibility 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 guidance to acquisition officials, 
contracting officers, and current 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 submit to the Department of Defense and the 
        congressional defense committees a report on the health and 
        safety records of Department of Defense contractors.
            (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 prospective contractors.
                    (B) An evaluation of the Department's adherence to 
                those procedures.
                    (C) An assessment of the current incidence of 
                health and safety violations by Department contractors.
                    (D) An assessment of whether the Department of 
                Labor has the resources to investigate and identify 
                safety and health violations by Department of Defense 
                contractors.
                    (E) An assessment of whether the Department of 
                Labor should consider assuming an expanded 
                investigatory role or a targeted enforcement program 
                for ensuring the safety and health of workers under 
                Department of Defense contracts.
    (f) Definitions.--In this section:
            (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, including construction, valued in excess 
        of $1,000,000.
            (3) Covered subcontractor.--The term ``covered 
        subcontractor'' means a subcontractor listed in the bid for a 
        covered contract or known by the Department of Defense to be a 
        subcontractor of the offeror.
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