118 S3139 RS: Preventing Child Labor Exploitation Act U.S. Senate 2024-12-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Short title

This Act may be cited as the

Preventing Child Labor Exploitation Act

Promotion of workplace accountability

(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). (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.(c)

Corrective measures

On an annual basis, the Secretary of Labor—(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(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).(d)

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 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—(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(B)the failure of such entity, or any subcontractor of such entity, to complete any corrective measure negotiated under subsection (c).(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.(e)

Criminal penalty for failure To report

(1)

Offense

It shall be unlawful for an entity to knowingly fail to make a disclosure required under subsection (a).(2)

Penalty

(A)

In general

A violation of paragraph (1) shall be treated as a violation of section 1031(a) of title 18, United States Code.(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. (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—(1)the number of entities on the list under subsection (d) for the year of the report;(2)the number of entities that agreed to take corrective measures under subsection (c) for such year;(3)the amount of the applicable contracts for the entities described in paragraph (1) or (2); and (4)an assessment of the effectiveness of the implementation of this Act for such year. (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.

GAO Study

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.

Short title

This Act may be cited as the

Preventing Child Labor Exploitation in Federal Contracting Act

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.

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.

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.

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.

No additional funds

No additional funds are authorized to be appropriated for the purpose of carrying out this Act.

December 12, 2024

Reported with an amendment