partment of Defense to provide services and under 
which a subcontract for the procurement of manu-
factured or produced goods may be awarded receives 
training on compliance with section 2533a of title 
10, United States Code (popularly known as the 
‘‘Berry Amendment’’), and the Buy American Act 
(41 U.S.C. 10a et seq.). 
(e) CERTIFICATION
REQUIRED
FOR
DOMESTIC 
SOURCE.—Any offeror or contractor that is required to 
comply with section 2533a of title 10, United States Code 
(popularly known as the ‘‘Berry Amendment’’), or the Buy 
American Act (41 U.S.C. 10a et seq.) shall certify compli-
ance with such section or such Act and submit to the con-
tracting officer the name of the manufacturer or producer 
and the address of the manufacturing or production loca-
tion of all materials, or domestic end products in the case 
of commercially available off-the-shelf items, including the 
name of the manufacturer or producer and the address 
of the manufacturer or production location. 
SEC. 4. GOVERNMENT PROCUREMENT OF SWEATSHOP 
GOODS PROHIBITED. 
(a) AMENDMENT TO FEDERAL PROPERTY AND AD-
MINISTRATIVE SERVICES ACT OF 1949.—Title III of the 
Federal Property and Administrative Services Act of 1949 
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(41 U.S.C. 251 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 318. PROHIBITION ON PROCUREMENT OF SWEAT-
SHOP GOODS AND RELATED REQUIREMENTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CORE LABOR STANDARDS.— 
‘‘(A) IN GENERAL.—The term ‘core labor 
standards’ means, with respect to employees— 
‘‘(i) the right of association; 
‘‘(ii) the right to organize and bargain 
collectively; 
‘‘(iii) a prohibition on the use of any 
form of forced or compulsory labor; 
‘‘(iv) a prohibition on discrimination 
which has the effect of nullifying or im-
pairing equality of opportunity or treat-
ment in employment or occupation; 
‘‘(v) a prohibition of the worst forms 
of child labor, including all forms of slav-
ery or practices similar to slavery, such as 
the sale and trafficking of children, debt 
bondage, serfdom, and forced or compul-
sory labor, and work which, by its nature 
and circumstances in which it is carried 
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out, is likely to harm the health, safety, or 
morals of children; 
‘‘(vi) a minimum age for the employ-
ment of children that is not less than the 
age of completion of compulsory schooling 
and not less than 15 years; and 
‘‘(vii) acceptable conditions of work 
with respect to wages, hours of work, and 
occupational safety and health. 
‘‘(B) 
ADDITIONAL
DEFINITIONS.—For 
purposes of subparagraph (A): 
‘‘(i) ACCEPTABLE CONDITIONS.—The 
term ‘acceptable conditions’ shall be deter-
mined by the laws, regulations, or com-
petent authority of the country in which 
the labor is performed, except that wages 
paid shall be no less than the amount suf-
ficient to maintain a standard of living 
necessary for health, and the general well- 
being of workers and their families, as de-
termined under clauses (ii) and (iii). 
‘‘(ii) UNITED
STATES
WAGES.—For 
labor performed in the United States, the 
wages paid shall not be less than the min-
imum wage required under section 6 of the 
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Fair Labor Standards Act of 1938 (29 
U.S.C. 206), or other applicable statute. 
‘‘(iii) WAGES FOR OTHER NATIONS.— 
For labor performed in a country other 
than the United States, the wages paid 
shall be determined by the Bureau of 
International Labor Affairs of the United 
States Department of Labor. 
‘‘(2) COVERED CONTRACT.—The term ‘covered 
contract’ means a contract for a total amount in ex-
cess of the micro-purchase threshold, as that term is 
defined in section 32(f) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 428(f)). 
‘‘(3) SWEATFREE PURCHASING CONSORTIUM.— 
The term ‘Sweatfree Purchasing Consortium’ means 
an organization consisting of and for Federal, State, 
and local government agencies with a mission of 
ending public purchasing from sweatshops and help-
ing its members make purchases of goods that are 
not sweatshop goods more effectively and less expen-
sively than any single agency could accomplish on its 
own. 
‘‘(4) SWEATSHOP GOOD.—The term ‘sweatshop 
good’ means all goods, wares, articles, and merchan-
dise manufactured or produced wholly or in part in 
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violation of core labor standards, as defined in sub-
section (a). 
‘‘(b) BID SPECIFICATIONS AND PREAWARD PROCE-
DURES.—The agency head shall ensure that each bid or 
proposal submitted for a covered contract includes the fol-
lowing: 
‘‘(1) A list of each subcontractor and produc-
tion facility to be used in the performance of the 
covered contract, including company names, owners 
or officers, complete physical addresses, and the pri-
mary business purpose. 
‘‘(2) A certification that each facility listed pur-
suant to paragraph (1) complies with the core labor 
standards, or that the contractor has complied with 
the requirements of subsection (c)(4). 
‘‘(3) If the product is to be manufactured or 
produced by a third party, a certification that the 
bidder will purchase the product under terms, in-
cluding prices and delivery dates, that support and 
enable the manufacturing or production of the prod-
uct in a manner that is consistent with core labor 
standards. 
‘‘(c) CONTRACTUAL
REQUIREMENT.—The agency 
head shall ensure that each covered contract entered into 
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by the agency for the procurement of goods includes a 
clause that requires the contractor— 
‘‘(1) to comply with the requirements of this 
section; 
‘‘(2) to update the list of subcontractors and 
production facilities to be used in the performance of 
the covered contract as needed and to furnish a copy 
of this section to each subcontractor and require 
each production facility to affirm that it will comply 
with core labor standards; 
‘‘(3) to ensure that workers who will manufac-
ture or produce the goods to be provided under the 
covered contract are informed of the requirements of 
this section; 
‘‘(4) not later than 30 days after having actual 
or constructive knowledge of any instance of non-
compliance with core labor standards in a facility 
manufacturing or producing goods to be provided 
under the covered contract, to— 
‘‘(A) disclose the noncompliance to the rel-
evant agency; and 
‘‘(B) submit to the relevant agency a writ-
ten corrective action plan, that will become part 
of the covered contract; 
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‘‘(5) not later than 120 days after the submis-
sion of the corrective action plan under paragraph 
(4)(B), or before receipt of half the total remaining 
value of the covered contract, whichever occurs first, 
to implement the corrective action plan; and 
‘‘(6) to cooperate fully in providing reasonable 
access to the contractor’s records, persons, or prem-
ises if requested by the contracting agency, the De-
partment of Labor, or the Department of Justice for 
the purpose of determining whether any good pro-
vided under the covered contract is a sweatshop 
good. 
‘‘(d) REQUEST FOR PAYMENT.—Each request for 
payment by a contractor under a covered contract shall 
be considered to be a recertification by the contractor as 
described in subsections (b)(2) and (b)(3). 
‘‘(e) INVESTIGATIONS.— 
‘‘(1) IN
GENERAL.—Not later than 14 days 
after the receipt of an allegation of a violation of 
this section, the agency head shall refer the matter 
for investigation to the Inspector General of the 
agency and, as the agency head or the Inspector 
General determines appropriate, to the Attorney 
General and the Secretary of Labor if any of the fol-
lowing apply: 
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‘‘(A) A contracting officer has independent 
knowledge that a contractor or a subcontractor 
has labor policies or practices that are not con-
sistent with core labor standards. 
‘‘(B) An individual files a written com-
plaint directly with the contracting agency that 
the contractor or subcontractor, to the best of 
the individual’s knowledge, has labor policies or 
practices that are not consistent with core labor 
standards. 
‘‘(C) A contracting officer or the agency 
head receives any other information providing a 
reasonable basis for believing that a contractor 
or subcontractor has labor policies or practices 
that are not consistent with core labor stand-
ards. 
‘‘(2) NOTIFICATION.—The agency head shall 
notify the relevant contractor of the allegations and 
the investigation, including any preliminary findings 
or recommendations, not later than 90 days after 
the referral of the matter for investigation under 
paragraph (1). 
‘‘(3) AGENCY COOPERATION.—The agency may 
cooperate with Federal, State, and local government 
agencies participating in a Sweatfree Purchasing 
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Consortium (in this section, referred to as ‘Consor-
tium’) by notifying the Consortium not later than 14 
days after receiving any referral of a matter for in-
vestigation under paragraph (1), and may share the 
findings of any investigation and remedies imposed 
with the Consortium. 
‘‘(4) INVESTIGATION BY THE CONSORTIUM.—If 
the contractor is a provider of goods to any agency 
participating in the Consortium, the agency head of 
the referring agency or its Inspector General, may, 
notwithstanding any other provision of law, enter 
into an agreement with the Consortium to conduct 
the investigation. 
‘‘(f) REMEDIES.— 
‘‘(1) IN GENERAL.—The agency head may im-
pose remedies as provided in this subsection if the 
agency head finds that the contractor has done any 
of the following: 
‘‘(A) Submitted a false certification under 
this section. 
‘‘(B) Failed to cooperate with an investiga-
tion under this section. 
‘‘(C) Failed to implement a corrective ac-
tion plan submitted under subsection (c)(4)(B). 
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‘‘(2) TERMINATION OF CONTRACT.—The agency 
head may terminate a covered contract on the basis 
of a finding of a violation under paragraph (1). 
‘‘(3) SUSPENSION
OF
PERFORMANCE.—The 
agency head, on the basis of a finding that the con-
tractor has committed a violation under paragraph 
(1), may refuse to take delivery of, or pay for, 
sweatshop goods. 
‘‘(4) 
DEBARMENT
AND
SUSPENSION.—The 
agency head may suspend a contractor, for a period 
of not more than 3 years, from eligibility for Federal 
contracts on the basis of a finding that the con-
tractor has committed a violation under paragraph 
(1). 
‘‘(5) INCLUSION
ON
LIST
OF
PARTIES
EX-
CLUDED FROM FEDERAL PROCUREMENT AND NON-
PROCUREMENT
PROGRAMS.—The Administrator of 
General Services shall include on the List of Parties 
Excluded from Federal Procurement and Non-
procurement Programs maintained by the Adminis-
trator under part 9 of the Federal Acquisition Regu-
lation each contractor that is debarred, suspended, 
proposed for debarment or suspension, or declared 
ineligible by the agency head on the basis that the 
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contractor has committed a violation under para-
graph (1). 
‘‘(6) REMEDIES NOT EXCLUSIVE.—This section 
shall not be construed to limit other remedies which 
may be available under United States law. 
‘‘(g) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established a 
board to be known as the Procurement Advisory 
Board (in this section, referred to as the ‘Board’) to 
oversee and consider issues relating to the imple-
mentation and enforcement of this section and to 
make recommendations relating to such implementa-
tion and enforcement. 
‘‘(2) COLLABORATION
WITH
THE
CONSOR-
TIUM.—The Board may collaborate with the Consor-
tium in carrying out the Board’s activities under 
paragraph (1). 
‘‘(3) MEMBERSHIP.—The Board shall be com-
posed of 7 members appointed by the President as 
follows: 
‘‘(A) Three members from the Department 
of Defense. 
‘‘(B) One member from the Department of 
Labor. 
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‘‘(C) Three members who are members of 
a labor organization as defined in section 2(5) 
of the National Labor Relations Act (29 U.S.C. 
152(5)) or a Joint Labor Management Cooper-
ative Committee established pursuant to section 
205A of the Labor Management Relations Act, 
1947 (29 U.S.C. 175a). 
‘‘(h) PHASE-IN.— 
‘‘(1) YEAR ONE.—During the first full fiscal 
year after the effective date of this section, this sec-
tion shall be enforced only with respect to purchases 
and contracts for apparel, garments, and cor-
responding accessories, materials, supplies, or equip-
ment. 
‘‘(2) YEAR TWO.—During the second full fiscal 
year after the effective date of this section, each 
agency head, in consultation with the Board estab-
lished under subsection (g), shall select procurement 
categories (other than apparel, garments, and cor-
responding accessories, materials, supplies, or equip-
ment) based on the feasibility of implementation and 
may set phase-in goals and timetables of up to one 
year for such categories in order to achieve compli-
ance with the requirements of this section.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect 180 days after the date of 
the enactment of this Act. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to preempt any law of a State or 
political subdivision of a State that establishes higher 
wages or labor standards for the mining, production, or 
manufacture of any good, ware, article, or merchandise 
purchased by the State or political subdivision of a State 
than those provided for in this Act. 
Æ 
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