2025 SESSION

SENATE SUBSTITUTE

25105088D

SENATE BILL NO. 913

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on General Laws and Technology

on January 15, 2025)

(Patron Prior to Substitute—Senator Stanley)

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4311.3, relating to Virginia Public Procurement Act; procurement of imported goods; forced and child labor prohibition.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4311.3 as follows:

§ 2.2-4311.3. Procurement of imported goods; forced and child labor prohibition.

A. For the purposes of this section:

"Forced labor" means:

1. Any work or service that is obtained by (i) any force, fraud, or coercion, including by threat of serious harm to, or physical restraint against, an individual; (ii) a scheme, plan, or pattern intended to cause an individual to believe that if the individual did not perform the labor or service, that individual, or another individual, would suffer serious harm or physical restraint; or (iii) any abuse or threatened abuse of law or the legal process;

2. Any work or service that is imposed on the basis of a protected characteristic;

3. Any work or service that is not offered or provided voluntarily by the individual; or

4. Any work or service that is produced through oppressive child labor.

"Oppressive child labor" means a condition of employment under which an individual who is under 16 years of age is employed in an occupation that is hazardous for the employment of children and is consistent with U.S. Executive Order 13126.

B. A public body that enters into a public contract for goods or services that exceeds $10,000 shall include in such a public contract provisions (i) prohibiting the use of forced labor or oppressive child labor in the performance of the contract and (ii) requiring that the contractor include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.