,,ii #aaith ,,congress #ast ,session ,s4 #ibj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aj1 #bjbe ,mr4 ,hawley 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to ensure that ,federal contractors comply with child labor laws1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,child ,labor ,exploitation in ,federal ,contracting ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on ,education and ,workforce of the ,house of ,representatives4 7#b7 ,executive agency ,the term executive agency has the meaning given such term in section #acc of title #da1 ,united ,states ,code4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 #c4 ,promotion of workplace accountability 7a7 ,required representations and certifications ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall amend the ,federal ,acquisition ,regulation to-- 7#a7 require any entity that enters into a contract with an executive agency to represent1 on an annual basis and to the best of the knowledge of the entity1 whether1 within the preceding #c-year period1 any final administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in coordination with the ,secretary1 has been issued against the entity for any violation of section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab71 relating to child labor2 7#b7 provide 7through a revision of the ,certification ,regarding ,knowledge of ,child ,labor for ,listed ,end ,products as described in section #eb4bbb-ah of the ,federal ,acquisition ,regulation or through1 if necessary1 another certification7 a requirement that an offeror-- 7,a7 certify1 to the best of the knowledge of the offeror1 whether1 within the preceding #c-year period1 any final administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in coordination with the ,secretary1 for a violation described in paragraph 7#a7 has been issued against the offeror2 and 7,b7 require such a certification from each of the subcontractors or service providers to be used in performing1 or that were considered for the performance of1 the contract for which the offeror is submitting an offer and provide such certifications with the certification by the offeror under subparagraph 7,a72 7#c7 prohibit executive agencies from awarding a contract to-- 7,a7 an entity that provides an affirmative response to a representation under paragraph 7#a7 and has failed to implement any corrective measure negotiated under subsection 7b72 or 7,b7 an offeror that-- 7i7 provides an affirmative response to a certification under paragraph 7#b7 and has failed to implement any corrective measure negotiated under subsection 7b72 or 7ii7 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 subsection2 7#d7 require the name and address of each entity that provides an affirmative response to a representation under paragraph 7#a71 and the name and address of each offeror1 subcontractor1 or service provider identified as having a violation in an affirmative response to a certification under paragraph 7#b71 to be referred to the ,secretary for purposes of negotiating with that entity1 offeror1 subcontractor1 or service provider on corrective measures under subsection 7b7 and preparing the list and conducting suspension and debarment proceedings under subsection 7c72 7#e7 provide procedures for consultation with the ,secretary by an offeror described in paragraph 7#b7 to assist the offeror in evaluating the information on compliance with section #ab of the ,fair ,labor ,standards ,act of #aich1 relating to child labor1 submitted to the offeror by a subcontractor or service provider pursuant to such paragraph2 and 7#f7 make any other changes necessary to implement the requirements of this ,act4 7b7 ,corrective measures ,an entity that makes an affirmative response to a representation under subsection 7a77#a7 or offeror1 subcontractor1 or service provider that makes an affirmative response in a certification under subsection 7a77#b7-- 7#a7 shall update the representation or certification1 respectively1 based on any steps taken by the entity1 offeror1 subcontractor1 or service provider to correct a violation of or improve compliance with section #ab of the ,fair ,labor ,standards ,act of #aich1 relating to child labor1 including any agreements entered into with the ,secretary2 and 7#b7 may negotiate with the ,secretary regarding corrective measures that the entity1 offeror1 subcontractor1 or service provider may take in order to avoid being placed on the list under subsection 7c7 and referred for suspension and debarment proceedings under such subsection1 in the case the entity1 offeror1 subcontractor1 or service provider meets the criteria for such list and proceedings under such subsection4 7c7 ,list of ineligible entities 7#a7 ,in general ,for each calendar year beginning with the first calendar year that begins after the date that is #b years after the date of enactment of this ,act1 the ,secretary1 in coordination with other executive agencies as necessary1 shall prepare a list and conduct suspension and debarment proceedings for-- 7,a7 each entity that provided an affirmative response to a representation under subsection 7a77#a7 and has failed to implement any corrective measure negotiated under subsection 7b7 for the year of the list2 and 7,b7 each offeror1 subcontractor1 or service provider that was identified as having a violation in an affirmative response to a certification under subsection 7a77#b7 and has failed to implement any corrective measure negotiated under subsection 7b7 for the year of the list4 7#b7 ,ineligibility 7,a7 ,in general ,the head of an executive agency shall not1 during the period of time described in subparagraph 7,b71 solicit offers from1 award contracts to1 or consent to subcontracts with any entity1 offeror1 subcontractor1 or service provider that is listed-- 7i7 under paragraph 7#a72 and 7ii7 as an active exclusion in the ,system for ,award ,management4 7,b7 ,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 #d years from the date on which the entity1 offeror1 subcontractor1 or service provider is listed as an exclusion in the ,system for ,award ,management4 7#c7 ,additional considerations ,in determining the entities to consider for suspension and debarment proceedings under paragraph 7#a71 the ,secretary shall ensure procedures for such determination are consistent with the procedures set forth in subpart #i4d of the ,federal ,acquisition ,regulation for the suspension and debarment of ,federal contractors4 7d7 ,penalties for failure ,to report 7#a7 ,offense ,it shall be unlawful for a person to knowingly fail to make a representation or certification required under paragraph 7#a7 or 7#b71 respectively1 of subsection 7a74 7#b7 ,penalty 7,a7 ,in general ,a violation of paragraph 7#a7 shall be referred by any executive agency with knowledge of such violation for suspension and debarment proceedings1 to be conducted by the suspension and debarment official of the ,department of ,labor4 7,b7 ,loss to government ,a violation of paragraph 7#a7 shall be subject to the penalties under sections #cgbi through #cgcc of title #ca1 ,united ,states ,code 7commonly known as the ,false ,claims ,act74 7e7 ,annual reports to ,congress ,for each calendar year beginning with the first calendar year that begins after the date that is #b years after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress1 and make publicly available on a public website1 a report that includes-- 7#a7 the number of entities1 offerors1 subcontractors1 or service providers on the list under subsection 7c7 for the year of the report2 7#b7 the number of entities1 offerors1 subcontractors1 or service providers that agreed to take corrective measures under subsection 7b7 for such year2 7#c7 the amount of the applicable contracts for the entities1 offerors1 subcontractors1 or service providers described in paragraph 7#a7 or 7#b72 and 7#d7 an assessment of the effectiveness of the implementation of this ,act for such year4 #d4 ,civil penalties collected for child labor law violations 7a7 ,amounts 7#a7 ,in general ,section #af7;e77#a77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#a77;,a77 is amended-- 7,a7 by aligning the left margins of clauses 7i7 and 7ii7 with the left margin of clause 7i7 of section #af7;e77#a77;,b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#a77;,b772 7,b7 in clause 7i71 by striking #aa1jjj and inserting #ajj1jjj2 and 7,c7 in clause 7ii71 by striking #ej1jjj and inserting #ejj1jjj4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall be applicable to violations occurring on or after the date of enactment of this ,act4 7b7 ,application of penalties ,section #af7;e77#e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#e77 is amended-- 7#a7 by striking ,except and all that follows through sums and inserting ,sums2 and 7#b7 by striking the second sentence4 #e4 ,training with respect to child labor law violations ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 is amended by inserting after section #ah;,d 7#db ,u4,s4,c4 #bah;d7 the following3 #ah;,e4 ,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 agencies1 including the ,department of ,health and ,human ,services and the ,department of ,homeland ,security1 on identifying and preventing violations of section #ab4 4 #f4 ,,gao study ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study on the prevalence of violations of section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab71 relating to child labor1 among ,federal contractors and submit to the appropriate committees of ,congress a report with the findings of the study4 #g4 ,no additional funds ,no additional funds are authorized to be appropriated for the purpose of carrying out this ,act4