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[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
```