119-s920

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 920 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 920

 To ensure that Federal contractors comply with child labor laws, and 
 for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 10, 2025

Mr. Hawley (for himself and Mr. Booker) introduced the following bill; 
 which was read twice and referred to the Committee on Health, 
 Education, Labor, and Pensions

_______________________________________________________________________

 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,

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 Health, Education, Labor, and 
 Pensions of the Senate; and
        (B) the Committee on Education and Workforce 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.

    (3) Secretary.--The term ``Secretary'' means the Secretary 
 of Labor.

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, 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 
 offeror, 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, for a violation 
 described in paragraph

    (1) has been issued against the 
 offeror; 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 a 
 violation 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 a 
 violation in an affirmative response to a certification under 
 paragraph

    (2) , to be referred to the Secretary 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 
 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 a violation 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; and

    (2) may negotiate with the Secretary 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, 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 a violation 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 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 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. CIVIL PENALTIES COLLECTED FOR CHILD LABOR LAW VIOLATIONS.

    (a) Amounts.--

    (1) In general.--

Section 16

    (e)

    (1)
        (A) of the Fair Labor 
 Standards Act of 1938 (29 U.S.C. 216

    (e)

    (1)
        (A) ) is amended--
        (A) by aligning the left margins of clauses
            (i) and
            (ii) with the left margin of clause
            (i) of 

section 16

    (e)

    (1)
        (B) of the Fair Labor Standards Act of 1938 (29 
 U.S.C. 216

    (e)

    (1)
        (B) );
        (B) in clause
            (i) , by striking ``$11,000'' and 
 inserting ``$100,000''; and
            (C) in clause
            (ii) , by striking ``$50,000'' and 
 inserting ``$500,000''.

    (2) Effective date.--The amendments made by paragraph

    (1) shall be applicable to violations occurring on or after the 
 date of enactment of this Act.

    (b) Application of Penalties.--

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. 5. TRAINING WITH RESPECT TO CHILD LABOR LAW VIOLATIONS.

 The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is 
amended by inserting after 

section 18D (42 U.S.C. 218d) the following:

``

SEC. 18E. TRAINING WITH RESPECT TO CHILD LABOR LAW VIOLATIONS.

 ``The Secretary shall establish programs to provide training for 
relevant personnel at the Department of Labor and other executive 
agencies, including the Department of Health and Human Services and the 
Department of Homeland Security, on identifying and preventing 
violations of 

section 12.''.

SEC. 6. 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. 7. NO ADDITIONAL FUNDS.

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