S.Amdt. 3237

SA 3237. Ms. HIRONO (for herself, Mr. Hawley, and Mr. Booker)
submitted an amendment intended to be proposed by her 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 end of subtitle H of title X, add the following:

SEC. 1095. CHILD LABOR PREVENTION AND INVESTIGATION.

(a) Treatment of Civil Penalties Under the Fair Labor
Standards Act of 1938.--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 for civil penalties collected for
violations of section 12, sums'' and inserting ``(A) Except
as provided in subparagraph (B), sums'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(B) Sums collected for a civil penalty for a violation of
section 12 shall--
``(i) for the amount of the penalty that equals the amount
that would have been assessed for such a violation under this
section on the day before the date of enactment of the
National Defense Authorization Act for Fiscal Year 2025, be
deposited in the general fund of the Treasury;
``(ii) for the amount of the penalty that equals half of
the amount of the penalty not deposited under clause (i), be
deposited in the general fund of the Treasury; and
``(iii) for the amount of the penalty not deposited in
accordance with clause (i) or (ii), be applied toward the
reimbursement described in subparagraph (A).''.
(b) Civil Penalties Related to Child Labor Under the Fair
Labor Standards Act of 1938.--
(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;
(B) in clause (i), by striking ``$11,000'' and inserting
``$78,145''; and
(C) in clause (ii), by striking ``$50,000'' and inserting
``$355,155''.
(2) Effective date.--The amendments made by paragraph (1)
shall be applicable to violations occurring on or after the
date of enactment of this section.
(c) Child Labor Certification for Federal Contractors.--The
head of an executive agency (as that term is defined in
section 133 of title 41, United States Code) shall require
each person submitting an offer for a contract with the
agency for the procurement of goods to certify that such
person will not supply goods produced, manufactured, or
developed for which any oppressive child labor (as defined in
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203)) has been employed in the performance of such contract.
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