Preventing Child Labor Exploitation in Federal Contracting Act
The Preventing Child Labor Exploitation in Federal Contracting Act is designed to tighten oversight of Federal contractors to prevent child labor violations. It would require contractors and their subcontractors to certify, on an annual basis and with knowledge to the extent possible, whether any child labor violations (as defined by the Fair Labor Standards Act) occurred in the prior three years. The bill would empower federal agencies to suspend or debar entities that fail to address violations or to implement negotiated corrective measures, and to exclude violators from contracting for a minimum period. It also expands civil penalties for child labor violations, establishes training programs for agency staff, requires a GAO study on the prevalence of violations among Federal contractors, and requires annual reporting to Congress. The act does not authorize new funding.
Key Points
- 1Representations and certifications: Within 18 months, the Federal Acquisition Regulatory Council would amend the FAR to require (a) contractors to annually attest, to the best of their knowledge, whether they or their final-3-year-subcontractors faced any final administrative determinations, arbitral awards, or civil judgments for child labor violations under the FLSA; and (b) offerors to certify the same for themselves and for each identified subcontractor or service provider, with an ability to include certifications via existing listed-procurement forms.
- 2Suspension and debarment eligibility: Agencies would not award or subaward contracts to entities that affirmatively report violations but fail to implement negotiated corrective measures, or to offerors/subcontractors/service providers that affirmatively report violations and fail to implement corrective measures, or propose using a subcontractor identified as having a violation without correcting it.
- 3List and enforcement: Starting two years after enactment, the Secretary (in coordination with other agencies) would create a yearly list of ineligible entities and conduct suspension/debarment proceedings. Exclusions would be at least 4 years and would apply to entities on the System for Award Management (SAM). The process would follow existing suspension/debarment procedures in FAR subpart 9.4.
- 4Penalties for failing to report: It would be unlawful to knowingly fail to make required representations or certifications, with violations referred for suspension/debarment and possible False Claims Act penalties.
- 5Public reporting and oversight: Each year, the Secretary would publish a report to Congress detailing how many entities were listed, how many agreed to corrective measures, contract values affected, and an assessment of the act’s effectiveness. Public posting of this information would be required.