,,ii #aahth ,,congress #ast ,session ,s4 #adcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #c1 #bjbc,mr4 ,hawley introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to require certain businesses to disclose and eradicate the use of unlawful child labor in their supply chain1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,corporate ,responsibility for ,child ,labor ,elimination ,act of #bjbc4 #b4 ,required reporting on use of unlawful child labor from covered business entities 7a7 ,definitions ,in this ,act3 7#a7 ,covered business entity ,the term covered business entity means any issuer1 as defined in section #b7;a7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;b7a771 that has annual1 worldwide gross receipts that exceed #ejj1jjj1jjj4 7#b7 ,gross receipts ,the term gross receipts has the meaning given the term in section #iic7;f7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,on-site service ,the term on-site service means any service work provided on the site of a covered business entity or supplier of such entity1 including food service work1 catering services1 cleaning1 and maintenance4 7#d7 ,on-site service provider ,the term on-site service provider1 with respect to a covered business entity1 means any entity that provides workers who perform on-site services for the covered business entity or any supplier of such covered business entity4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#f7 ,supplier ,the term supplier1 with respect to a covered business entity1 means any entity that produces any input of a good produced by such covered business entity4 7#g7 ,supply chain ,the term supply chain means the end-to-end process for producing and transporting goods beginning at the point of origin through a point of distribution to the destination1 inclusive of suppliers and on-site service providers4 7#h7 ,unlawful child labor ,the term unlawful child labor means any labor practice that violates child labor laws in the ,united ,states1 including ,federal and ,state child labor laws4 7b7 ,audit and reporting requirements 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and every year thereafter1 each covered business entity shall-- 7,a7 conduct an audit of its supply chain1 pursuant to the requirements of section #c1 to investigate the presence or use of unlawful child labor by the covered business entity1 suppliers of the covered business entity1 and on-site service providers of the covered business entity2 7,b7 submit a report to the ,secretary containing the information described in paragraph 7#b7 on the results of such audit and efforts of the covered business entity to eradicate unlawful child labor from the covered business entity1 suppliers of the covered business entity1 and on-site service providers of the covered business entity2 and 7,c7 7i7 publish the report described in subparagraph 7,b7 on the public website of the covered business entity1 and provide a conspicuous and easily understood link on the homepage of such website that leads to the report2 or 7ii7 in the case of a covered business entity that does not have a public website1 provide the report in written form to any consumer of the covered business entity not later than #cj days after the consumer submits a request for the report4 7#b7 ,required report contents ,each report required under paragraph 7#a77;,b7 shall contain1 at a minimum-- 7,a7 a disclosure of the policies of the covered business entity to prevent the use of unlawful child labor by the covered business entity and any supplier or on-site service provider of the covered business entity2 7,b7 a disclosure of what policies or procedures1 if any1 the covered business entity uses-- 7i7 for the verification of suppliers of the covered business entity and on-site service providers of the covered business entity to evaluate and address risks of unlawful child labor and whether the verification was conducted by a third party2 7ii7 to require suppliers of the covered business entity and on-site service providers of the covered business entity to provide written certification that inputs supplied or on-site services provided1 respectively1 comply with the child labor laws in the ,united ,states1 including any ,federal or ,state child labor law2 7iii7 to maintain internal accountability standards and procedures for workers1 including contractors1 of the covered business entity failing to meet requirements regarding unlawful child labor2 and 7iv7 to provide training on recognizing and preventing unlawful child labor1 particularly with respect to mitigating risks within the supply chain of the covered business entity1 to workers1 including management personnel1 of the covered business entity who have direct responsibility for managing the supply chain of the covered business entity2 7,c7 a description of the findings of each audit required under paragraph 7#a77;,a71 including the details of any instances of found or suspected unlawful child labor2 and 7,d7 a written certification1 signed by the chief executive officer of the covered business entity1 that-- 7i7 the covered business entity has complied with the requirements of this ,act and exercised due diligence in order to eradicate unlawful child labor from the supply chain of the covered business entity2 7ii7 to the best of the chief executive officer's knowledge1 the covered business entity has found no instances of the use of unlawful child labor by the covered business entity or any supplier or on-site service provider of the covered business entity or has disclosed every known instance of such use of unlawful child labor2 and 7iii7 the chief executive officer and any other officers submitting the report or certification understand that section #ajja of title #ah1 ,united ,states ,code 7commonly known as the ,false ,statements ,act71 applies to the information contained in the report submitted to the ,secretary4 7c7 ,report of violations to congress ,each year1 the ,secretary shall prepare and submit a report to ,congress regarding covered business entities that-- 7#a7 have failed to conduct audits required under this ,act for the preceding year or have been adjudicated in violation of any other provision of this ,act2 or 7#b7 have been found to have used unlawful child labor1 including the use of unlawful child labor in their supply chain4 #c4 ,audit requirements 7a7 ,in general ,each audit conducted under section #b7;b77#a77;,a7 shall meet each of the following requirements3 7#a7 ,worker interviews ,the auditor shall-- 7,a7 select a cross-section of workers to interview that represents the full diversity of all workplaces of the covered business entity or a supplier or on-site service provider of the covered business entity1 and includes1 if applicable1 men and women1 migrant workers and local workers1 workers on different shifts1 workers performing different tasks1 and members of various teams2 7,b7 if individuals under the age of #ah are working at a facility of the covered business entity or a supplier or on-site service provider of the covered business entity1 interview a representative group of such individuals using age-sensitive interview techniques2 7,c7 conduct interviews-- 7i7 off-site of any facility of the covered business entity or a supplier or on-site service provider of the covered business entity and during non-work hours for the worker2 7ii7 individually 7except for purposes of subparagraph 7,b77 or in groups2 and 7iii7 using methods of communication that limit1 to the greatest extent practicable1 any reliance on devices or services provided to the worker by the covered business entity or any supplier or on-site service provider of the covered business entity2 7,d7 use audit tools to ensure that each worker is asked a comprehensive set of questions2 7,e7 collect from interviewed workers copies of the workers' pay stubs1 in order to compare the pay stubs with payment records provided by the covered business entity or any supplier or on-site service provider of the covered business entity2 7,f7 ensure that all worker responses are confidential and are never shared with management personnel of the covered business entity or any supplier or on-site service provider of the covered business entity2 and 7,g7 interview a representative of the labor organization or other organization representing workers at a facility of the covered business entity or any supplier or on-site service provider of the covered business entity or1 if no such organization is present1 attempt to interview a representative of such workers from a local worker advocacy group4 7#b7 ,management interviews ,the auditor shall-- 7,a7 interview a cross-section of management personnel of the covered business entity or any supplier or on-site service provider of the covered business entity1 including human resources personnel1 production supervisors1 and others2 and 7,b7 use audit tools to ensure that such individuals are asked a comprehensive set of questions4 7#c7 ,required information ,the auditor shall conduct a thorough review of information regarding the covered business entity and any supplier or on-site service provider of the covered business entity to provide tangible proof of compliance with child labor laws in the ,united ,states1 including any ,federal or ,state child labor law1 and to corroborate or find discrepancies in the information gathered through the worker and management interviews under paragraphs 7#a7 and 7#b71 respectively4 ,at a minimum1 such review shall contain1 with respect to the covered business entity and any supplier or on-site service provider of the covered business entity1 a review of each of the following3 7,a7 ,procedures and documents with respect to verifying the age of workers4 7,b7 ,a master list of juvenile workers or information related to juvenile workers4 7,c7 ,procedures regarding the selection and recruitment of workers4 7,d7 ,contracts with labor brokers1 if any4 7,e7 ,worker contracts and other employment agreements4 7,f7 ,introduction program materials4 7,g7 ,personnel files of workers4 7,h7 ,worker communication and training plans1 including certifications provided to workers including skills training1 worker preparedness1 government certification programs1 and systems or policy orientations4 7,i7 ,collective bargaining agreements1 including collective bargaining representative certifications1 descriptions of the role of any applicable labor organization1 and minutes of the meetings of such a labor organization4 7,j7 ,contracts with any security agency1 and descriptions of the scope of responsibilities of the security agency4 7,k7 ,payroll and time records4 7,l7 ,production capacity reports4 7,m7 ,written human resources policies and procedures4 7,n7 ,occupational health and safety plans and records including legal permits1 maintenance and monitoring records1 injury and accident reports1 investigation procedures1 chemical inventories1 personal protective equipment inventories1 training certificates1 and evacuation plans4 7,o7 ,disciplinary notices4 7,p7 ,grievance reports4 7,q7 ,performance evaluations4 7,r7 ,promotion or merit increase records4 7,s7 ,dismissal and suspension records of workers4 7,t7 ,records of workers who have resigned4 7,u7 ,worker pay stubs4 7#d7 ,closing meeting with management ,the auditor shall hold a closing meeting with management personnel of the covered business entity to-- 7,a7 report violations of child labor laws in the ,united ,states1 including any ,federal or ,state child labor law1 found in any facility of the covered business entity or any supplier or on-site service provider of the covered business entity2 and 7,b7 determine the steps forward to address and remediate any such violations4 7#e7 ,report preparation ,the auditor shall prepare a full report of the audit1 which shall include-- 7,a7 a disclosure of the suppliers of the covered business entity and on-site service providers of the covered business entity2 7,b7 documented processes and procedures of the covered business entity and any supplier or on-site service provider of the covered business entity that relate to eradicating unlawful child labor2 7,c7 documented risk assessment and prioritization policies of the covered business entity and any supplier or on-site service provider of the covered business entity as such policies relate to eradicating unlawful child labor2 7,d7 a description of the worker interviews1 management interviews1 and documentation review required under paragraphs 7#a71 7#b71 and 7#c71 respectively2 7,e7 a description of all violations or suspected violations of child labor laws in the ,united ,states1 including any ,federal or ,state child labor law1 by the covered business entity and any supplier or on-site service provider of the covered business entity2 and 7,f7 for each violation or suspected violation described in subparagraph 7,e71 a description of any corrective or protective action recommended for the covered business entity1 supplier1 or on-site service provider consisting of1 at a minimum-- 7i7 the issues relating to1 and any root causes of1 the violation or suspected violation2 7ii7 the implementation of a solution to remedy the violation or suspected violation2 and 7iii7 a method to check the effectiveness of such solution4 7b7 ,additional requirements relating to audits 7#a7 ,no retaliation for audit cooperation ,any covered business entity1 supplier of a covered business entity1 or on-site service provider of a covered business entity shall not retaliate against any worker for participating in an interview under paragraph 7#a7 or 7#b7 of subsection 7a7 or providing to an auditor information necessary for the audit requirements under subsection 7a77#c74 7#b7 ,contract requirements ,each covered business entity shall include1 in any contract with a supplier or on-site service provider1 a requirement that-- 7,a7 the supplier or on-site service provider shall not retaliate against any worker for participating in an audit relating to unlawful child labor2 and 7,b7 worker participation in any such audit shall be protected through the same grievance mechanisms available to the worker for any other type of workplace grievance4 #d4 ,enforcement 7a7 ,in general ,the ,secretary may assess civil damages against a covered business entity in an amount of not more than #ajj1jjj1jjj if1 after notice and an opportunity for a hearing1 the ,secretary determines that the covered business entity has violated any requirement of section #b7;b74 7b7 ,prohibition on retaliation ,the ,secretary may assess civil damages against a covered business entity1 supplier1 or on-site service provider in an amount of not more than #ejj1jjj1jjj if1 after notice and an opportunity for a hearing1 the ,secretary determines the covered business entity1 supplier1 or on-site service provider has willfully violated section #c7;b77#a74 7c7 ,declarative or injunctive relief ,the ,secretary may request the ,attorney ,general institute a civil action for relief1 including a permanent or temporary injunction1 restraining order1 or any other appropriate order1 in the district court of the ,united ,states for any district in which the covered business entity conducts business1 whenever the ,secretary believes that a violation of section #b7;b7 constitutes a hazard to workers4 #e4 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall promulgate regulations to carry out this ,act4