S.Amdt. 1702

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.
______