[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4994-S4995]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2687. Mr. BOOKER (for himself and Mr. Hawley) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. PREVENTING CHILD LABOR EXPLOITATION IN FEDERAL 
                   CONTRACTING ACT.

       (a) Short Title.--This section may be cited as the 
     ``Preventing Child Labor Exploitation in Federal Contracting 
     Act''.

[[Page S4995]]

       (b) Definitions.--In this section:
       (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.
       (c) Promotion of Workplace Accountability.--
       (1) 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--
       (A) 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;
       (B) 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--
       (i) 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 
     subparagraph (A) has been issued against the entity; and
       (ii) 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 
     clause (i);
       (C) prohibit executive agencies from awarding a contract 
     to--
       (i) an entity that provides an affirmative response to a 
     representation under subparagraph (A) and has failed to 
     implement any corrective measure negotiated under paragraph 
     (2); or
       (ii) an offeror that--

       (I) provides an affirmative response to a certification 
     under subparagraph (B) and has failed to implement any 
     corrective measure negotiated under paragraph (2); 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 
     paragraph;

       (D) require the name and address of each entity that 
     provides an affirmative response to a representation under 
     subparagraph (A), and the name and address of each offeror, 
     subcontractor, or service provider identified as having 
     violations in an affirmative response to a certification 
     under subparagraph (B), to be referred to the Secretary of 
     Labor for purposes of negotiating with that entity, offeror, 
     subcontractor, or service provider on corrective measures 
     under paragraph (2) and preparing the list and conducting 
     suspension and debarment proceedings under paragraph (3);
       (E) provide procedures for consultation with the Secretary 
     of Labor by an offeror described in subparagraph (B) 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 
     subparagraph; and
       (F) make any other changes necessary to implement the 
     requirements of this section.
       (2) Corrective measures.--An entity that makes an 
     affirmative response to a representation under paragraph 
     (1)(A) or offeror, subcontractor, or service provider that 
     makes an affirmative response in a certification under 
     paragraph (1)(B)--
       (A) 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
       (B) 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 paragraph (3) and referred for suspension 
     and debarment proceedings under such paragraph, in the case 
     the entity, offeror, subcontractor, or service provider meets 
     the criteria for such list and proceedings under such 
     paragraph.
       (3) List of ineligible entities.--
       (A) 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--
       (i) each entity that provided an affirmative response to a 
     representation under paragraph (1)(A) and has failed to 
     implement any corrective measure negotiated under paragraph 
     (2) for the year of the list; and
       (ii) each offeror, subcontractor, or service provider that 
     was identified as having violations in an affirmative 
     response to a certification under paragraph (1)(B) and has 
     failed to implement any corrective measure negotiated under 
     paragraph (2) for the year of the list.
       (B) Ineligibility.--
       (i) In general.--The head of an executive agency shall not, 
     during the period of time described in clause (ii), solicit 
     offers from, award contracts to, or consent to subcontracts 
     with any entity, offeror, subcontractor, or service provider 
     that is listed--

       (I) under subparagraph (A); and
       (II) as an active exclusion in the System for Award 
     Management.

       (ii) Period of time.--The period of time described in this 
     clause 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.
       (C) Additional considerations.--In determining the entities 
     to consider for suspension and debarment proceedings under 
     subparagraph (A), 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.
       (4) Penalties for failure to report.--
       (A) Offense.--It shall be unlawful for a person to 
     knowingly fail to make a representation or certification 
     required under subparagraph (A) or (B), respectively, of 
     paragraph (1).
       (B) Penalty.--
       (i) In general.--A violation of subparagraph (A) 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.
       (ii) Loss to government.--A violation of subparagraph (A) 
     shall be subject to the penalties under sections 3729 through 
     3733 of title 31, United States Code (commonly known as the 
     ``False Claims Act'').
       (5) 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--
       (A) the number of entities, offerors, subcontractors, or 
     service providers on the list under paragraph (3) for the 
     year of the report;
       (B) the number of entities, offerors, subcontractors, or 
     service providers that agreed to take corrective measures 
     under paragraph (2) for such year;
       (C) the amount of the applicable contracts for the 
     entities, offerors, subcontractors, or service providers 
     described in subparagraph (A) or (B); and
       (D) an assessment of the effectiveness of the 
     implementation of this section for such year.
       (d) 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.
       (e) 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.
       (f) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this section.
                                 ______