,,ii #aafth ,,congress #b;d ,session ,s4 #cddh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aa1 #bjbj,ms4 ,smith 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,brown1 ,ms4 ,baldwin1 ,mrs4 ,feinstein1 ,mrs4 ,murray1 ,mrs4 ,gillibrand1 ,mr4 ,van ,hollen1 ,mrs4 ,shaheen1 ,mr4 ,merkley1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide for certain contracting requirements to promote fair and safe workplaces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,pay and ,safe ,workplaces ,act of #bjbj 4 #b4 ,definitions ,in this ,act3 7#a7 ,covered contract ,the term covered contract means a ,federal contract for the procurement of property or services1 including construction1 valued in excess of #ejj1jjj4 7#b7 ,covered subcontract ,the term covered subcontract-- 7,a7 means a subcontract for property or services under a ,federal contract that is valued in excess of #ejj1jjj2 and 7,b7 does not include a subcontract for the procurement of commercially available off-the-shelf items4 7#c7 ,executive agency ,the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code4 #c4 ,purpose ,the purpose of this ,act is to-- 7#a7 ensure that the purchasing power of the ,federal ,government is employed to raise labor standards1 improve working conditions1 and strengthen workers' bargaining power2 and 7#b7 increase efficiency and cost savings in the work performed by parties who contract with the ,federal ,government by ensuring that they understand and comply with labor laws1 which are designed to promote safe1 healthy1 fair1 and effective workplaces and increase the likelihood of enhanced productivity in the workplace and the timely1 predictable1 and satisfactory delivery of goods and services to the ,federal ,government4 #d4 ,required pre-contract award actions 7a7 ,disclosures ,the head of an executive agency shall ensure that the solicitation for a covered contract requires the offeror-- 7#a7 to represent1 to the best of the offeror's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the offeror in the preceding #c years for violations of-- 7,a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,b7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7,c7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7,d7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7,e7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7,f7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7,g7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity72 7,h7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7,i7 section #dbab of title #ch1 ,united ,states ,code2 7,j7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7,k7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,l7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,m7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,n7 title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq472 7,o7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 or 7,p7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor2 7#b7 to require each subcontractor for a covered subcontract-- 7,a7 to represent to the offeror and the entity designated by the final rule reissued under subsection 7a7 of section #g1 to the best of the subcontractor's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,department of ,labor1 rendered against the subcontractor in the preceding #c years for violations of any of the labor laws and ,executive orders listed under paragraph 7#a72 and 7,b7 to update such information every #f months for the duration of the subcontract2 and 7#c7 to consider the advice rendered by the entity designated by the final rule reissued under subsection 7a7 of section #g or information submitted by a subcontractor pursuant to paragraph 7#b7 in determining whether the subcontractor is a responsible source with a satisfactory record of integrity and business ethics-- 7,a7 prior to awarding the subcontract2 or 7,b7 in the case of a subcontract that is awarded or will become effective within #e days of the prime contract being awarded1 not later than #cj days after awarding the subcontract4 7b7 ,pre-,award corrective measures 7#a7 ,in general ,a contracting officer1 prior to awarding a covered contract1 shall1 as part of the responsibility determination1 provide an offeror who makes a disclosure pursuant to subsection 7a7 an opportunity to report any steps taken to correct the violations of or improve compliance with the labor laws and ,executive orders listed in paragraph 7#a7 of such subsection1 including any agreements entered into with an enforcement agency4 7#b7 ,consultation ,the executive agency's ,labor ,compliance ,advisor designated pursuant to section #f1 in consultation with relevant enforcement agencies1 shall advise the contracting officer whether agreements are in place or are otherwise needed to address appropriate remedial measures1 compliance assistance1 steps to resolve issues to avoid further violations1 or other related matters concerning the offeror4 7#c7 ,responsibility determination ,the contracting officer1 in consultation with the executive agency's ,labor ,compliance ,advisor1 shall consider information provided by the offeror under this section in determining whether the offeror is a responsible source with a satisfactory record of integrity and business ethics4 ,the determination shall be based on the guidelines reissued under subsection 7b77#a7 of section #g and the final rule reissued under subsection 7a7 of such section4 7c7 ,referral of information to suspension and debarment officials ,as appropriate1 contracting officers1 in consultation with their executive agency's ,labor ,compliance ,advisor1 shall refer matters related to information provided pursuant to paragraphs 7#a7 and 7#b7 of subsection 7a7 to the executive agency's suspension and debarment official in accordance with agency procedures4 #e4 ,post-award contract actions 7a7 ,information updates ,the contracting officer for a covered contract shall require that the contractor update the information provided under paragraphs 7#a7 and 7#b7 of section #d7;a7 every #f months4 7b7 ,corrective actions 7#a7 ,prime contract ,the contracting officer1 in consultation with the ,labor ,compliance ,advisor designated pursuant to section #f1 shall determine whether any information provided under subsection 7a7 warrants corrective action4 ,such action may include-- 7,a7 an agreement requiring appropriate remedial measures2 7,b7 compliance assistance2 7,c7 resolving issues to avoid further violations2 7,d7 the decision not to exercise an option on a contract or to terminate the contract2 or 7,e7 referral to the agency suspending and debarring official4 7#b7 ,subcontracts ,the prime contractor for a covered contract1 in consultation with the ,labor ,compliance ,advisor1 shall determine whether any information provided under section #d7;a77#b7 warrants corrective action1 including remedial measures1 compliance assistance1 and resolving issues to avoid further violations4 7#c7 ,department of ,labor ,the ,department of ,labor shall1 as appropriate1 inform executive agencies of its investigations of contractors and subcontractors on current ,federal contracts for purposes of determining the appropriateness of actions described under paragraphs 7#a7 and 7#b74 #f4 ,labor compliance advisors 7a7 ,in general ,each executive agency shall designate a senior official to act as the agency's ,labor ,compliance ,advisor4 7b7 ,duties ,the ,labor ,compliance ,advisor shall-- 7#a7 meet quarterly with the ,deputy ,secretary1 ,deputy ,administrator1 or equivalent executive agency official with regard to matters covered under this ,act2 7#b7 work with the acquisition workforce1 agency officials1 and agency contractors to promote greater awareness and understanding of labor law requirements1 including recordkeeping1 reporting1 and notice requirements1 as well as best practices for obtaining compliance with these requirements2 7#c7 coordinate assistance for executive agency contractors seeking help in addressing and preventing labor violations2 7#d7 in consultation with the ,department of ,labor or other relevant enforcement agencies1 and pursuant to section #d7;b7 as necessary1 provide assistance to contracting officers regarding appropriate actions to be taken in response to violations identified prior to or after contracts are awarded1 and address complaints in a timely manner1 by-- 7,a7 providing assistance to contracting officers and other executive agency officials in reviewing the information provided pursuant to subsections 7a7 and 7b7 of section #d and section #e7;a71 or other information indicating a violation of a labor law in order to assess the serious1 repeated1 willful1 or pervasive nature of any violation and evaluate steps contractors have taken to correct violations or improve compliance with relevant requirements2 7,b7 helping agency officials determine the appropriate response to address violations of the requirements of the labor laws and ,executive orders listed in section #d7;a77#a7 or other information indicating such a labor violation 7particularly serious1 repeated1 willful1 or pervasive violations71 including agreements requiring appropriate remedial measures1 decisions not to award a contract or exercise an option on a contract1 contract termination1 or referral to the executive agency suspension and debarment official2 7,c7 providing assistance to appropriate executive agency officials in receiving and responding to1 or making referrals of1 complaints alleging violations by agency contractors and subcontractors of the requirements of the labor laws listed in section #d7;a77#a72 and 7,d7 supporting contracting officers1 suspension and debarment officials1 and other agency officials in the coordination of actions taken pursuant to this subsection to ensure agency-wide consistency1 to the extent practicable2 7#e7 as appropriate1 send information to agency suspension and debarment officials in accordance with agency procedures2 7#f7 consult with the agency's ,chief ,acquisition ,officer and ,senior ,procurement ,executive1 and the ,department of ,labor as necessary1 in the development of regulations1 policies1 and guidance addressing labor law compliance by contractors and subcontractors2 7#g7 make recommendations to the agency to strengthen agency management of contractor compliance with labor laws2 7#h7 publicly report1 on an annual basis1 a summary of agency actions taken to promote greater labor compliance1 including the agency's response pursuant to this order to serious1 repeated1 willful1 or pervasive violations of the requirements of the labor laws and ,executive orders listed in section #d7;a77#a72 and 7#i7 participate in the interagency meetings regularly convened by the ,secretary of ,labor pursuant to section #g7;b77#b77;,c74 #g4 ,measures to ensure government-wide consistency 7a7 ,federal acquisition regulation 7#a7 ,in general ,notwithstanding ,public ,law #aae-aa 7#aca ,stat4 #ge7 and section #eec of title #e1 ,united ,states ,code1 not later than #a year after the date of enactment of this ,act1 the ,secretary of ,defense1 the ,administrator of the ,general ,services ,administration1 and the ,administrator of the ,national ,aeronautics and ,space ,administration shall reissue the final rule entitled ,federal ,acquisition ,regulation2 ,fair ,pay and ,safe ,workplaces 7#ha ,fed4 ,reg4 #ehefb 7,aug4 #be1 #bjaf771 subject to paragraph 7#b74 7#b7 ,updated dates ,the agencies described in paragraph 7#a7 may1 in reissuing the final rule under such paragraph1 update any date provided in such final rule as reasonable and necessary4 7b7 ,department of ,labor 7#a7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall reissue the guidance entitled ,guidance for ,executive ,order #acfgc1 ,fair ,pay and ,safe ,workplaces 7#ha ,fed4 ,reg4 #ehefd 7,aug4 #be1 #bjaf774 ,in reissuing such guidance1 the ,secretary of ,labor may update any date provided in such guidance as reasonable4 7#b7 ,additional activities ,the ,secretary of ,labor shall-- 7,a7 develop a process-- 7i7 for the ,labor ,compliance ,advisors designated pursuant to section #f to consult with the ,secretary of ,labor in carrying out their responsibilities under section #f7;b77#d72 7ii7 by which contracting officers and ,labor ,compliance ,advisors may give appropriate consideration to determinations and agreements made by the ,secretary of ,labor and the heads of other executive agencies2 and 7iii7 by which contractors may enter into agreements with the ,secretary of ,labor1 or the head of another executive agency1 prior to being considered for a contract2 7,b7 review data collection requirements and processes1 and work with the ,director of the ,office of ,management and ,budget1 the ,administrator of ,general ,services1 and other agency heads to improve such requirements and processes1 as necessary1 to reduce the burden on contractors and increase the amount of information available to executive agencies2 7,c7 regularly convene interagency meetings of ,labor ,compliance ,advisors to share and promote best practices for improving labor law compliance2 and 7,d7 designate an appropriate contact for executive agencies seeking to consult with the ,secretary of ,labor with respect to the requirements and activities under this ,act4 7c7 ,office of ,management and ,budget ,the ,director of the ,office of ,management and ,budget shall-- 7#a7 work with the ,administrator of ,general ,services to include in the ,federal ,awardee ,performance and ,integrity ,information ,system the information provided by contractors pursuant to sections #d7;a77#a7 and #e7;a7 and data on the resolution of any issues related to such information2 and 7#b7 designate an appropriate contact for agencies seeking to consult with the ,office of ,management and ,budget on matters arising under this ,act4 7d7 ,general ,services ,administration 7#a7 ,in general ,the ,administrator of ,general ,services1 in consultation with other relevant executive agencies1 shall establish a single internet website for ,federal contractors to use for all ,federal contract reporting requirements under this ,act1 as well as any other ,federal contract reporting requirements to the extent practicable4 7#b7 ,agency cooperation ,the heads of executive agencies with covered contracts shall provide the ,administrator of ,general ,services with the data necessary to maintain the internet website established under paragraph 7#a74 7e7 ,minimizing compliance burden ,after reissuing the guidance under subsection 7b77#a7 or the final rule under subsection 7a71 the ,secretary of ,labor or the ,secretary of ,defense1 the ,administrator of the ,general ,services ,administration1 and the ,administrator of the ,national ,aeronautics and ,space ,administration may1 respectively1 amend such guidance or final rule consistent with the requirements under chapter #e of title #e1 ,united ,states ,code4 #h4 ,paycheck transparency 7a7 ,in general ,each executive agency entering into a covered contract1 or covered subcontract1 shall ensure that provisions in solicitations for such contracts1 or subcontracts1 and clauses in such contracts1 or subcontracts1 shall provide that1 for each pay period1 contractors or subcontractors provide each individual described in subsection 7b7 with a document containing information with respect to such individual for the pay period concerning hours worked1 overtime hours worked1 pay1 and any additions made to or deductions made from pay4 7b7 ,individuals described ,an individual described in this subsection is any individual performing work under a contract or subcontract for which the contractor or subcontractor is required to maintain wage records under-- 7#a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7#b7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act72 7#c7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 or 7#d7 an applicable ,state law4 7c7 ,exceptions 7#a7 ,employees exempt from overtime requirements ,the document provided under subsection 7a7 to individuals who are exempt under section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 from the overtime compensation requirements under section #g of such ,act 7#bi ,u4,s4,c4 #bjg7 shall not be required to include a record of the hours worked if the contractor or subcontractor informs the individual of the status of such individual as exempt from such requirements4 7#b7 ,substantially similar ,state laws ,the requirements under this section shall be deemed to be satisfied if the contractor or subcontractor complies with ,state or local requirements that the ,secretary of ,labor has determined are substantially similar to the requirements under this section4 7d7 ,independent contractors ,if the contractor or subcontractor is treating an individual performing work under a covered contract or subcontract as an independent contractor1 and not as an employee1 the contractor or subcontractor shall provide the individual a document informing the individual of the individual's status as an independent contractor4 #i4 ,complaint and dispute transparency 7a7 ,in general 7#a7 ,contracts ,the head of an executive agency may not enter into a contract for the procurement of property or services valued in excess of #ejj1jjj unless the contractor agrees that any decision to arbitrate the claim of an employee or independent contractor performing work under the contract that arises under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or any tort related to or arising out of sexual assault or sexual harassment may only be made with the voluntary consent of the employee or independent contractor after the dispute arises4 7#b7 ,subcontracts ,the head of an executive agency shall require that a contractor covered under paragraph 7#a7 incorporate the requirement under such paragraph into each subcontract for the procurement of property or services valued in excess of #ejj1jjj at any tier under the contract4 7b7 ,exceptions 7#a7 ,contracts for commercial items and commercially available off-the-shelf items ,the requirements under subsection 7a7 do not apply to contracts or subcontracts for the acquisition of commercial items or commercially available off-the-shelf items 7as those terms are defined in sections #ajc7a7 and #ajd1 respectively1 of title #da1 ,united ,states ,code74 7#b7 ,employees and independent contractors not covered ,the requirements under subsection 7a7 do not apply with respect to an employee or independent contractor who-- 7,a7 is covered by a collective bargaining agreement negotiated between the contractor or subcontractor and a labor organization representing the employee or independent contractor2 or 7,b7 entered into a valid agreement to arbitrate claims covered under such subsection before the contractor or subcontractor bid on the contract covered under such subsection1 except that such requirements do apply-- 7i7 if the contractor or subcontractor is permitted to change the terms of the arbitration agreement with the employee or independent contractor2 or 7ii7 in the event the arbitration agreement is renegotiated or replaced after the contractor or subcontractor bids on the contract4 #aj4 ,neutrality 7a7 ,allowable costs ,costs incurred in maintaining satisfactory relations between a contractor1 and its employees1 on a covered contract or a subcontractor1 and its employees1 on a covered subcontract 7other than those made unallowable in subsection 7b7 of this section71 including costs of shop stewards1 labor management committees1 employee publications1 and other related activities1 are allowable4 7b7 ,limitation on ,federal funds ,no ,federal funds made available through a covered contract or covered subcontract may be used to engage in activities undertaken to persuade employees1 of any entity1 to exercise or not to exercise1 or concerning the manner of exercising1 the right to organize and bargain collectively through representatives of the employees' own choosing or any other activities that are subject to the requirements under section #bjc7;b7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;b774 ,examples of unallowable costs under this subsection include the costs of-- 7#a7 preparing and distributing materials2 7#b7 hiring or consulting legal counsel or consultants2 7#c7 meetings 7including paying the salaries of the attendees at meetings held for this purpose72 and 7#d7 planning or conducting activities by managers1 supervisors1 or union representatives during work hours4 #aa4 ,implementing regulations ,not later than #i months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall amend the ,federal ,acquisition ,regulation to carry out the provisions of this ,act1 including sections #h and #i4 #ab4 ,severability ,if any provision of this ,act or the application of any such provision to any person or circumstance is held to be unconstitutional1 the remaining provisions of this ,act and the application of such provisions to any person or circumstance shall not be affected by such holding4 #ac4 ,rules of construction ,nothing in this ,act shall be construed as-- 7#a7 impairing or otherwise affecting the authority granted by law to an executive agency or the head thereof2 or 7#b7 impairing or otherwise affecting the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4