[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3139 Reported in Senate (RS)]
<DOC>
Calendar No. 695
118th CONGRESS
2d Session
S. 3139
[Report No. 118-289]
To ensure that Federal contractors comply with child labor laws, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 26, 2023
Mr. Booker (for himself and Mr. Hawley) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 12, 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To ensure that Federal contractors comply with child labor laws, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Preventing Child Labor
Exploitation Act''.</DELETED>
<DELETED>SEC. 2. PROMOTION OF WORKPLACE ACCOUNTABILITY.</DELETED>
<DELETED> (a) Required Disclosures.--Not later than 180 days after
the date of the enactment of this Act, the Federal Acquisition
Regulatory Council shall amend the Federal Acquisition Regulation to
require any entity that enters into a contract with an executive agency
to disclose to the Secretary of Labor, on an annual basis and to the
best of the knowledge of the entity, whether, within the preceding 3-
year period, any administrative merits determination, arbitral award or
decision, or civil judgment, as defined in regulations issued by the
Secretary of Labor, has been issued against the entity, or any
subcontractor of the entity, for violations of section 12 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 212).</DELETED>
<DELETED> (b) Consultation.--The Secretary of Labor shall be
available, as appropriate, for consultation with an entity described in
subsection (a) to assist the entity in evaluating the information on
compliance with section 12 of the Fair Labor Standards Act of 1938
submitted to the entity by a subcontractor pursuant to such
subsection.</DELETED>
<DELETED> (c) Corrective Measures.--On an annual basis, the
Secretary of Labor--</DELETED>
<DELETED> (1) shall provide an entity that makes a
disclosure pursuant to subsection (a) an opportunity to report
any steps taken by the entity, or any subcontractor of the
entity, to correct violations of or improve compliance with
section 12 of the Fair Labor Standards Act of 1938, including
any agreements entered into with an enforcement agency;
and</DELETED>
<DELETED> (2) may negotiate with such entity corrective
measures that the entity or any subcontractor of the entity may
take in order to avoid having the entity placed on the list
under subsection (d).</DELETED>
<DELETED> (d) List of Ineligible Entities.--</DELETED>
<DELETED> (1) In general.--For each calendar year beginning
with the first calendar year that begins after the date that is
2 years after the date of enactment of this Act, the Secretary
of Labor shall prepare, and submit to all executive agencies, a
list of each entity that shall be ineligible for a contract
with an executive agency for that year based on--</DELETED>
<DELETED> (A) serious, repeated, or pervasive
violations of section 12 of the Fair Labor Standards
Act of 1938 committed by the entity or any
subcontractor of the entity; or</DELETED>
<DELETED> (B) the failure of such entity, or any
subcontractor of such entity, to complete any
corrective measure negotiated under subsection
(c).</DELETED>
<DELETED> (2) Ineligibility.--The head of an executive
agency shall not solicit a contract from any entity on the list
under paragraph (1) that is in effect for a year for that year
or any of the subsequent 4 years.</DELETED>
<DELETED> (e) Criminal Penalty for Failure To Report.--</DELETED>
<DELETED> (1) Offense.--It shall be unlawful for an entity
to knowingly fail to make a disclosure required under
subsection (a).</DELETED>
<DELETED> (2) Penalty.--</DELETED>
<DELETED> (A) In general.--A violation of paragraph
(1) shall be treated as a violation of section 1031(a)
of title 18, United States Code.</DELETED>
<DELETED> (B) Gross loss to government; gross gain
to defendant.--For purposes of applying section 1031 of
title 18, United States Code, to a violation of
paragraph (1) of this subsection, the amount that an
executive agency pays an entity that violates such
paragraph (1) under a contract described in subsection
(a) of this section shall be treated as the gross loss
to the Government or the gross gain to the
defendant.</DELETED>
<DELETED> (f) Annual Reports to Congress.--For each calendar year
beginning with the first calendar year that begins after the date that
is 2 years after the date of enactment of this Act, each executive
agency shall submit to Congress, and make publicly available on the
website of the executive agency, a report that includes--</DELETED>
<DELETED> (1) the number of entities on the list under
subsection (d) for the year of the report;</DELETED>
<DELETED> (2) the number of entities that agreed to take
corrective measures under subsection (c) for such
year;</DELETED>
<DELETED> (3) the amount of the applicable contracts for the
entities described in paragraph (1) or (2); and</DELETED>
<DELETED> (4) an assessment of the effectiveness of the
implementation of this Act for such year.</DELETED>
<DELETED> (g) Definition of Executive Agency.--In this section, the
term ``executive agency'' has the meaning given such term in section
133 of title 41, United States Code.</DELETED>
<DELETED>SEC. 3. GAO STUDY.</DELETED>
<DELETED> Not later than 2 years after the date of the enactment of
this Act, the Comptroller General of the United States shall conduct a
study on the prevalence and nature of child labor among Federal
contractors and submit to Congress a report with the findings of the
study.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Child Labor Exploitation
in Federal Contracting Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Accountability
of the House of Representatives.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41, United
States Code.
SEC. 3. PROMOTION OF WORKPLACE ACCOUNTABILITY.
(a) Required Representations and Certifications.--Not later than 18
months after the date of enactment of this Act, the Federal Acquisition
Regulatory Council shall amend the Federal Acquisition Regulation to--
(1) require any entity that enters into a contract with an
executive agency to represent, on an annual basis and to the
best of the knowledge of the entity, whether, within the
preceding 3-year period, any final administrative merits
determination, arbitral award or decision, or civil judgment,
as defined in coordination with the Secretary of Labor, has
been issued against the entity for any violation of section 12
of the Fair Labor Standards Act of 1938 (29 U.S.C. 212),
relating to child labor;
(2) provide (through a revision of the Certification
Regarding Knowledge of Child Labor for Listed End Products as
described in section 52.222-18 of the Federal Acquisition
Regulation or through, if necessary, another certification) a
requirement that an offeror--
(A) certify, to the best of the knowledge of the
entity, whether, within the preceding 3-year period,
any final administrative merits determination, arbitral
award or decision, or civil judgment, as defined in
coordination with the Secretary of Labor, for a
violation described in paragraph (1) has been issued
against the entity; and
(B) require such a certification from each of the
subcontractors or service providers to be used in
performing, or that were considered for the performance
of, the contract for which the offeror is submitting an
offer and provide such certifications with the
certification by the offeror under subparagraph (A);
(3) prohibit executive agencies from awarding a contract
to--
(A) an entity that provides an affirmative response
to a representation under paragraph (1) and has failed
to implement any corrective measure negotiated under
subsection (b); or
(B) an offeror that--
(i) provides an affirmative response to a
certification under paragraph (2) and has
failed to implement any corrective measure
negotiated under subsection (b); or
(ii) intends to use a subcontractor or
service provider in the performance of the
contract that was identified as having
violations in such an affirmative response and
has failed to implement any corrective measure
negotiated under such subsection;
(4) require the name and address of each entity that
provides an affirmative response to a representation under
paragraph (1), and the name and address of each offeror,
subcontractor, or service provider identified as having
violations in an affirmative response to a certification under
paragraph (2), to be referred to the Secretary of Labor for
purposes of negotiating with that entity, offeror,
subcontractor, or service provider on corrective measures under
subsection (b) and preparing the list and conducting suspension
and debarment proceedings under subsection (c);
(5) provide procedures for consultation with the Secretary
of Labor by an offeror described in paragraph (2) to assist the
offeror in evaluating the information on compliance with
section 12 of the Fair Labor Standards Act of 1938, relating to
child labor, submitted to the offeror by a subcontractor or
service provider pursuant to such paragraph; and
(6) make any other changes necessary to implement the
requirements of this Act.
(b) Corrective Measures.--An entity that makes an affirmative
response to a representation under subsection (a)(1) or offeror,
subcontractor, or service provider that makes an affirmative response
in a certification under subsection (a)(2)--
(1) shall update the representation or certification,
respectively, based on any steps taken by the entity, offeror,
subcontractor, or service provider to correct violations of or
improve compliance with section 12 of the Fair Labor Standards
Act of 1938, relating to child labor, including any agreements
entered into with the Secretary of Labor; and
(2) may negotiate with the Secretary of Labor regarding
corrective measures that the entity, offeror, subcontractor, or
service provider may take in order to avoid being placed on the
list under subsection (c) and referred for suspension and
debarment proceedings under such subsection, in the case the
entity, offeror, subcontractor, or service provider meets the
criteria for such list and proceedings under such subsection.
(c) List of Ineligible Entities.--
(1) In general.--For each calendar year beginning with the
first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, the Secretary of
Labor, in coordination with other executive agencies as
necessary, shall prepare a list and conduct suspension and
debarment proceedings for--
(A) each entity that provided an affirmative
response to a representation under subsection (a)(1)
and has failed to implement any corrective measure
negotiated under subsection (b) for the year of the
list; and
(B) each offeror, subcontractor, or service
provider that was identified as having violations in an
affirmative response to a certification under
subsection (a)(2) and has failed to implement any
corrective measure negotiated under subsection (b) for
the year of the list.
(2) Ineligibility.--
(A) In general.--The head of an executive agency
shall not, during the period of time described in
subparagraph (B), solicit offers from, award contracts
to, or consent to subcontracts with any entity,
offeror, subcontractor, or service provider that is
listed--
(i) under paragraph (1); and
(ii) as an active exclusion in the System
for Award Management.
(B) Period of time.--The period of time described
in this subparagraph is a period of time determined by
the suspension and debarment official that is not less
than 4 years from the date on which the entity,
offeror, subcontractor, or service provider is listed
as an exclusion in the System for Award Management.
(3) Additional considerations.--In determining the entities
to consider for suspension and debarment proceedings under
paragraph (1), the Secretary of Labor shall ensure procedures
for such determination are consistent with the procedures set
forth in subpart 9.4 of the Federal Acquisition Regulation for
the suspension and debarment of Federal contractors.
(d) Penalties for Failure to Report.--
(1) Offense.--It shall be unlawful for a person to
knowingly fail to make a representation or certification
required under paragraph (1) or (2), respectively, of
subsection (a).
(2) Penalty.--
(A) In general.--A violation of paragraph (1) shall
be referred by any executive agency with knowledge of
such violation for suspension and debarment
proceedings, to be conducted by the suspension and
debarment official of the Department of Labor.
(B) Loss to government.--A violation of paragraph
(1) shall be subject to the penalties under sections
3729 through 3733 of title 31, United States Code
(commonly known as the ``False Claims Act'').
(e) Annual Reports to Congress.--For each calendar year beginning
with the first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, the Secretary of Labor shall
submit to the appropriate committees of Congress, and make publicly
available on a public website, a report that includes--
(1) the number of entities, offerors, subcontractors, or
service providers on the list under subsection (c) for the year
of the report;
(2) the number of entities, offerors, subcontractors, or
service providers that agreed to take corrective measures under
subsection (b) for such year;
(3) the amount of the applicable contracts for the
entities, offerors, subcontractors, or service providers
described in paragraph (1) or (2); and
(4) an assessment of the effectiveness of the
implementation of this Act for such year.
SEC. 4. GAO STUDY.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study on the
prevalence of violations of section 12 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 212), relating to child labor, among Federal
contractors and submit to the appropriate committees of Congress a
report with the findings of the study.
SEC. 5. USE OF CIVIL PENALTIES COLLECTED FOR CHILD LABOR LAW
VIOLATIONS.
Section 16(e)(5) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)(5)) is amended--
(1) by striking ``Except'' and all that follows through
``sums'' and inserting ``Sums''; and
(2) by striking the second sentence.
SEC. 6. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act.
Calendar No. 695
118th CONGRESS
2d Session
S. 3139
[Report No. 118-289]
_______________________________________________________________________
A BILL
To ensure that Federal contractors comply with child labor laws, and
for other purposes.
_______________________________________________________________________
December 12, 2024
Reported with an amendment