Sec. 207. Supply chain responsibility plan

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1938 Section 11 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211 ) is amended by adding at the end the following: In this subsection: The term covered employer means an employer that employs 100 or more employees. The term covered laws means all of the following: This Act. The National Labor Relations Act. The Occupational Safety and Health Act of 1970. The Federal Mine Safety and Health Act of 1977. The Migrant and Seasonal Agricultural Worker Protection Act. Subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ).

Chapter 67 of title 41, United States Code (commonly known as the McNamara-O'Hara Service Contract Act ). Chapter 65 of title 41, United States Code (commonly known as the Walsh-Healey Public Contracts Act of 1936 ). The Family and Medical Leave Act of 1993. Violations of State law required under section 3304 of the Internal Revenue Code of 1986. The applicable labor laws of any country in which an employer that is part of a covered employer’s supply chain operates, with respect to employees employed in such country.

Each covered employer shall develop and carry out a supply chain responsibility plan described in paragraph

(3)that describes how the employer will attempt to ensure that the employer’s primary supply chain does not include any employer that regularly violates— an individual covered law; or the covered laws, when considered as a whole. Each supply chain responsibility plan shall include, at a minimum— an assessment of— the violations under each covered law by each employer with more than 19 employees in the covered employer’s supply chain; and the violations under each covered law by each employer that provides a large volume or dollar amount of the covered employer’s supply chain; a plan for— removing from the covered employer’s supply chain each employer described in subparagraph

(A)that regularly violates— an individual covered law; or the covered laws, when considered as a whole; or if clause

(i)is not possible with respect to a particular employer described in subparagraph

(A)due to an extremely limited number of employers that could fulfill specific portions of the covered employer’s supply chain, utilizing the leverage that the covered employer has as a purchaser to pressure the particular employer to improve compliance with the covered laws; a list of the organizations that the covered employer has identified to assist the covered employer in this process, including workers’ rights advocates; and any other information the Secretary determines necessary. Each covered employer shall annually submit the supply chain responsibility plan to the Secretary and shall post the most recent plan publicly on the covered employer’s website. . Section 16(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e) ), as amended by section 204(c)(2)(B), is further amended by adding at the end the following: Any person who violates section 11(e)(3) by not submitting or posting a complete supply chain responsibility plan each year shall be subject to a civil penalty of $50,000 for each month of noncompliance. . Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), as amended by section 102(b)(5), is further amended by adding at the end the following: It shall be an unfair labor practice for an employer who is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ), to fail to annually— submit, as part of the covered employer's supply chain responsibility plan under section 11(e) of such Act, the information required under such Act that relates to this Act; and include such information in the plan posted publicly on the covered employer’s website. . Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ), as amended by section 102(b)(7)(B), is further amended by inserting after subsection

(c)the following: Any person who violates section 8(i) shall be subject to a civil penalty of $50,000 for each month of noncompliance. . 1970 Section 5 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 654 ) is amended by adding at the end the following: An employer who is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ), shall annually— submit, as part of the employer's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this Act; and include such information in the plan posted publicly on the employer’s website. . Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as amended by section 205(c)(2), is further amended by inserting after subsection

(k)the following: Any person who violates section 5(c) shall be subject to a civil penalty of $50,000 for each month of noncompliance. . 1977 Section 109 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 819 ) is amended— in the section heading, by inserting after ; supply chain responsibility plans ; and decisions by adding at the end the following: Each operator that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ), shall annually— submit, as part of the operator's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this Act; and include such information in the plan posted publicly on the operator's website. . Section 110 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 820 ), as amended by section 102(d)(6)(B), is further amended by inserting after subsection

(j)the following: Any operator who violates section 109(e) shall be subject to a civil penalty of $50,000 for each month of noncompliance. . Title IV of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1841 et seq.), as amended by section 102(e)(3)), is further amended by adding at the end the following: In this section, the term responsible entity means a farm labor contractor, agricultural employer, or agricultural association, that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ). Each responsible entity shall annually— submit, as part of the responsible entity's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this Act; and include such information in the plan posted publicly on the responsible entity's website. . Section 503(a) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1853(a) ), as amended by section 102(e)(6)(B), is further amended by adding at the end the following: Any person who violates section 406(b) shall be subject to a civil penalty of $50,000 for each month of noncompliance. . Subchapter IV of chapter 31 of title 40, United States Code, as amended by this Act, is further amended by inserting after section 3143 the following: In this section, the term covered contractor means a contractor or subcontractor— for a contract subject to the requirements of this subchapter; and that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ). Each covered contractor shall annually— submit, as part of the covered contractor's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this subchapter; and include such information in the plan posted publicly on the covered contractor's website. . Section 3144c of title 40, United States Code, as amended by section 204(f)(2), is further amended by inserting after subsection

(b)the following: Any person who violates section 3143a of this title shall be subject to a civil penalty of $50,000 for each month of noncompliance. . Chapter 67 of title 41, United States Code, as amended by section 202(b)(7)(A), is further amended by inserting after section 6704 the following: In this section, the term covered contractor means a contractor or subcontractor— for a contract subject to the requirements of this chapter; and that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ). Each covered contractor shall annually— submit, as part of the covered contractor's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this chapter; and include such information in the plan posted publicly on the covered contractor's website. Any person who violates subsection

(b)of this section shall be subject to a civil penalty of $50,000 for each month of noncompliance. . Chapter 65 of title 41, United States Code, is further amended by inserting after section 6502 the following: In this section, the term covered contractor means a contractor or subcontractor— for a contract subject to the requirements of this chapter; and that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ). Each covered contractor shall annually— submit, as part of the covered contractor's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this chapter; and include such information in the plan posted publicly on the covered contractor's website. . Section 6506a of title 41, United States Code, as amended by section 202(c)(8), is further amended by inserting after subsection

(b)the following: Any person who violates section 6502a shall be subject to a civil penalty of $50,000 for each month of noncompliance. . 1993 Section 109 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2619 ) is amended— in the section heading, by inserting after ; supply chain responsibility plan ; Notice by striking and inserting the following: In general .—Each Notice .— Each ; by redesignating subsection

(b)as paragraph

(2)of subsection (a), and aligning the margins of such paragraph with the margins of paragraph (1); in paragraph

(2)(as so redesignated), by striking this section and inserting this subsection ; and by adding at the end the following: Each employer that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ), shall annually— submit, as part of the employer's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this Act; and include such information in the plan posted publicly on the employer’s website. Any person who violates paragraph

(1)shall be subject to a civil penalty of $50,000 for each month of noncompliance. . Section 3304 of the Internal Revenue Code of 1986 (relating to approval of State unemployment compensation laws) is amended— in subsection (a)— in paragraph (18), by striking and at the end; by redesignating paragraph

(19)as paragraph (20); by inserting after paragraph

(18)the following new paragraph: each employer that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ) is required to comply with subsection (h); and ; and by adding at the end the following: Each employer that is a covered employer, as defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(e)(1) ), shall annually— submit, as part of the employer's supply chain responsibility plan under section 11(e) of such Act, the information required under such section that relates to this Act; and include such information in the plan posted publicly on the operator's website. . The amendments made by paragraph

(1)shall apply to weeks of unemployment beginning on or after the earlier of— the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or January 1, 2022.

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