Page:United States Statutes at Large Volume 116 Part 2.djvu/391

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1173 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 substantial 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 Comptroller 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 immediately 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 members 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 construction 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 standards and other regulations; and (B) on policy matters arising in carrying out this section.

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