[Congressional Record Volume 170, Number 50 (Thursday, March 21, 2024)]
[Senate]
[Pages S2526-S2527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1702. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                              DIVISION ___

    --PREVENTING CHILD LABOR EXPLOITATION IN FEDERAL CONTRACTING ACT

     SEC. ___1. SHORT TITLE.

       This division may be cited as the ``Preventing Child Labor 
     Exploitation in Federal Contracting Act''.

     SEC. ___2. DEFINITIONS.

       In this division:
       (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 division.
       (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

[[Page S2527]]

     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 division 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 division.
                                 ______