“A bill to ensure that Federal contractors comply with child labor laws, and for other purposes.”
No CRS summary available for this bill.
This section defines terms used in the Act, including (1) "appropriate committees of Congress" as the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce; (2) "executive agency" as that term is defined in 41 U.S.C. §133 (i.e., executive departments specified in 5 U.S.C. §101, military departments specified in 5 U.S.C. §102, independent establishments defined in 5 U.S.C. §104(1), and wholly owned government corporations fully subject to 31 U.S.C. ch. 91); and (3) "Secretary" as the Secretary of Labor.
This section directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR), not later than 18 months after the date of enactment, to require (1) annual representations by entities contracting with executive agencies on whether, to the best of their knowledge, any final administrative merits determination, arbitral award or decision, or civil judgment for a violation of section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212)—which prohibits oppressive child labor (i.e., employment of minors in hazardous occupations or excessive hours)—was issued against them in the preceding three-year period; (2) certifications by offerors, to the best of their knowledge, of the same for themselves and all subcontractors or service providers considered for or used in contract performance; (3) prohibition on contract awards to entities or offerors disclosing such violations without implementing negotiated corrective measures, or to offerors intending to use non-compliant subcontractors or service providers; (4) referral of all such disclosing parties to the Secretary of Labor for corrective measure negotiations and preparation of an ineligible entity list with suspension and debarment proceedings; (5) procedures for offeror consultation with the Secretary on subcontractor compliance; and (6) other implementation changes. This section further requires disclosing parties to update representations or certifications based on corrective actions (including agreements with the Secretary) and authorizes negotiations with the Secretary to avoid listing and debarment. This section directs the Secretary, beginning with the first calendar year two years after enactment, to annually prepare a list and conduct suspension and debarment proceedings against non-compliant parties; listed entities are ineligible for federal solicitations, awards, or subcontract consents for a period of not less than four years (as determined by the suspension and debarment official) if active in the System for Award Management. (Thus, federal contractors and subcontractors face enhanced accountability for child labor violations through disclosure, remediation, and potential multi-year exclusion from federal procurement.)
This section increases civil penalties under the Fair Labor Standards Act for child labor violations (i.e., violations of restrictions on minors' hours, occupations, or hazardous work) to $100,000 per violation (from $11,000) and to $500,000 per violation resulting in death or serious injury (from $50,000), applicable to violations occurring on or after the date of enactment. This section further modifies the application of such penalties by eliminating an exception and a second sentence in 29 U.S.C. 216(e)(5).
This section directs the Secretary of Labor to establish training programs for relevant personnel at the Department of Labor and other executive agencies, including the Department of Health and Human Services and the Department of Homeland Security, on identifying and preventing child labor violations under section 12 of the Fair Labor Standards Act (FLSA). (Section 12 prohibits shipment or sale in interstate commerce of goods produced in violation of child labor restrictions, i.e., employment of children under age 16 (or 18 in hazardous occupations).)
This section directs the Comptroller General of the United States to conduct a study on the prevalence of child labor violations under section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212)—which prohibits oppressive child labor (i.e., employment of minors in hazardous occupations or in violation of age restrictions)—among federal contractors and to submit a report with findings to the appropriate congressional committees not later than two years after enactment of this Act.