No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3163 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3163
To strengthen protections against child labor violations, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2023
Mr. Casey (for himself, Mrs. Murray, Ms. Baldwin, Mr. Brown, Ms.
Duckworth, Mr. Fetterman, Mr. Markey, Mr. Murphy, Mr. Padilla, Mr.
Reed, Mr. Sanders, Ms. Smith, Mr. Wyden, Ms. Warren, and Ms. Butler)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To strengthen protections against child labor violations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children Harmed In Life-threatening
or Dangerous Labor Act'' or the ``CHILD Labor Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING PROTECTIONS AGAINST CHILD LABOR VIOLATIONS UNDER
THE FAIR LABOR STANDARDS ACT OF 1938
Sec. 101. Definition of oppressive child labor; hazardous occupations.
Sec. 102. Enhancing child labor protections.
Sec. 103. Strengthening penalties for child labor violations.
Sec. 104. Training and engagement with respect to child labor
violations.
TITLE II--CHILD LABOR REQUIREMENTS FOR CERTAIN FEDERAL CONTRACTORS AND
RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE
Sec. 201. Amendments to the Walsh-Healey Public Contracts Act.
Sec. 202. Child labor requirements for contracts and assistance covered
by the Davis-Bacon Act or Related Acts or
the Service Contract Act.
TITLE III--MISCELLANEOUS
Sec. 301. Reports to Congress on work-related injuries, illnesses, and
deaths.
TITLE I--STRENGTHENING PROTECTIONS AGAINST CHILD LABOR VIOLATIONS UNDER
THE FAIR LABOR STANDARDS ACT OF 1938
SEC. 101. DEFINITION OF OPPRESSIVE CHILD LABOR; HAZARDOUS OCCUPATIONS.
(a) Oppressive Child Labor.--Subsection (l) of section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended to read as
follows:
``(l)(1) `Oppressive child labor' means a condition of employment
under which--
``(A) any employee under 18 years of age is employed in--
``(i) manufacturing;
``(ii) mining;
``(iii) trenching or excavation;
``(iv) meat processing;
``(v) demolition; or
``(vi) explosives;
``(B) any employee under 18 years of age is employed by an
employer in an occupation, or in or around a place of work,
that the Secretary shall find and by order declare to pose a
danger or risk of injury or to be detrimental to the health,
safety, or well-being of children under 18 years of age;
``(C) any employee who is 14 or 15 years of age is employed
by an employer (other than a parent or a person standing in
place of a parent employing his or her own child or a child in
his or her custody)--
``(i) in an occupation, or in or around a place of
work, that the Secretary shall find and by order
declare to pose a danger or risk of injury or to be
detrimental to the health, safety, or well-being of
children who are such ages; or
``(ii) in such employment that is not confined to
periods that will not interfere with their schooling
and to conditions that will not interfere with their
health, safety, or well-being; or
``(D) any employee is under 14 years of age employed by an
employer (other than a parent or a person standing in place of
a parent employing his or her own child or a child in his or
her custody).
``(2) For purposes of paragraph (1)--
``(A) the term `occupation' means work performed by a
person, including all jobs, duties, tasks, and tools or
equipment typically utilized in that work; and
``(B) the term `place of work' means the entire worksite,
including any facility, factory, plant, grounds, campus, site,
or physical location (whether fixed or mobile) where the work
is performed.''.
(b) Hazardous Occupations and Places of Work.--Section 12 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding
at the end the following:
``(e) Hazardous Occupations and Places of Work.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Children Harmed In Life-threatening or
Dangerous Labor Act, the Secretary shall issue--
``(A) regulations with respect to occupations in
the industries described in subparagraph (A) of section
3(l)(1);
``(B) regulations and orders with respect to
occupations and places of work covered under
subparagraph (B) of such section;
``(C) regulations and orders with respect to
occupations and places of work covered under
subparagraph (C)(i) of such section; and
``(D) regulations with respect to occupations
covered under section 13(c)(2) as particularly
hazardous for the employment of children below the age
of 16.
``(2) Updates.--Not less than every 5 years, the Secretary
shall--
``(A) review all regulations and orders issued
under paragraph (1) to determine whether such
regulations and orders need to be revised, which
revisions may include updating such regulations or
orders to include additional occupations or places of
work, as applicable; and
``(B) revise any such regulations or orders the
Secretary so determines need to be revised.''.
SEC. 102. ENHANCING CHILD LABOR PROTECTIONS.
(a) Accepting Responsibility for Companies in Supply Chain Engaging
in Oppressive Child Labor.--
(1) Records related to prime contractors and
subcontractors.--Section 12(b) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 212(b)) is amended by adding at the end the
following: ``In making investigations and inspections under
section 11(a) with respect to the employment of minors, the
Secretary may seek records related to any contractor or
subcontractor at any tier of any person suspected of a
violation of this section and may request any annual profit or
loss statement of any such person or any contractor or
subcontractor of such person.''.
(2) Secondary oppressive child labor.--Section 12(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended--
(A) by striking ``No employer'' and inserting ``(1)
No employer''; and
(B) by adding at the end the following:
``(2)(A) No person shall produce, manufacture, or otherwise
offer into commerce a good or service with respect to which an
employer who is a contractor or subcontractor (at any tier) of
the person employs oppressive child labor in the performance of
the contract or subcontract for producing, manufacturing, or
otherwise offering into commerce such good or service.
``(B) A person shall not be in violation of subparagraph
(A) if the person--
``(i) entered into a prime contract in a good faith
reliance on a written assurance from the contractor
that the contractor and any subcontractor at any tier
of the contract would not employ oppressive child labor
in the performance of the contract or subcontract for
producing, manufacturing, or otherwise offering into
commerce the good or service;
``(ii) had no notice that the employer described in
subparagraph (A) would employ oppressive child labor in
such performance; and
``(iii) has taken meaningful and affirmative steps
to ensure that all contractors and subcontractors of
the person at any tier of the contract for such
performance would not employ oppressive child labor in
such performance.''.
(b) Hot Goods.--Section 12(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 212(a)) is amended--
(1) by striking ``thirty'' and inserting ``180''; and
(2) by striking ``and who acquired such goods for value
without notice of any such violation,'' and inserting ``, who
acquired such goods for value without notice of any such
violation, and who has taken meaningful and affirmative steps
to ensure that all producers, manufacturers, or dealers of the
purchaser are in compliance with this section,''.
(c) ``Unlawfully Manufactured; Child Labor'' Tags.--Section 12 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 212), as amended by
section 101(b), is further amended by adding at the end the following:
``(f) `Unlawfully Manufactured; Child Labor' Tags.--
``(1) In general.--The Secretary shall have the authority,
in accordance with a process determined by the Secretary
through regulations, to affix to any goods produced by a person
in violation of subsection (c) a tag of not more than 6 inches
in length bearing the words `Unlawfully manufactured; child
labor'.
``(2) Prohibition.--No person (other than the Secretary, an
authorized representative of the Secretary, or the consumer
with respect to the goods) shall remove, alter, deface, or
otherwise interfere with a tag affixed to goods under paragraph
(1).''.
(d) Successors in Interest.--Section 12 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216), as amended by subsection (c), is further
amended by adding at the end the following:
``(g) Successors in Interest.--
``(1) In general.--Notwithstanding any other provision in
this Act, for purposes of this section and any other provision
in this Act administering or enforcing this section, the terms
`employer' and `person' include a successor in interest of the
employer or person, respectively.
``(2) Joint and several liability.--An employer or other
person that is a successor in interest of another employer, or
other person, in violation of this section shall be jointly and
severally liable under this Act with such other employer or
person, respectively, for such violation.
``(3) Definition of successor in interest.--In this
subsection, the term `successor in interest', with respect to
an employer or other person, means any person who--
``(A) uses substantially the same facilities or
workers to offer substantially the same goods or
services as the employer or other person;
``(B) employs as a managing agent any individual
who was responsible for wages, hours, or working
conditions as the employer or other person; or
``(C)(i) has an owner, partner, officer, or
director who is an immediate family member of an owner,
partner, officer, or director of the employer or other
person; and
``(ii) is in the same industry as the employer or
other person.''.
(e) Authority To Issue Stop Work Orders.--Section 12(b) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 212(b)), as amended by
subsection (a)(1), is further amended--
(1) by striking ``The Secretary of Labor'' and inserting
``(1) The Secretary of Labor''; and
(2) by adding at the end the following:
``(2)(A) In addition to the authority of the Secretary to
bring an action under section 17 as described in paragraph (1),
the Secretary may issue a stop work order to any person that
the Secretary has found to be in violation of this section.
``(B) Such stop work order may apply to one or more
worksites of the person (without regard to whether all such
worksites involve a violation of this section).
``(C) A stop work order issued under this paragraph shall
remain in effect until the person issued the order provides the
Secretary with adequate evidence that the person is no longer
in violation of this section.
``(D)(i) A person shall compensate any individual engaged
to perform work for remuneration for the person and who does
not perform such work as a result of a stop work order issued
to the person under this paragraph. Such compensation shall be
at the regular rate at which the individual is so engaged for
all hours the individual would have worked but for the stop
work order.
``(ii) For purposes of administration and enforcement of a
violation of clause (i)--
``(I) a violation of such clause shall be deemed a
violation of section 6 and not a violation of this
section;
``(II) any amounts owing to an individual which
have been withheld in violation of such clause shall be
deemed to be unpaid minimum wages or unpaid overtime-
time compensation under this Act; and
``(III) any reference in section 16 to an
`employer' or `employee' shall be deemed a reference to
a person or an individual, respectively, without regard
to whether the person or individual is an employer or
employee, respectively.''.
SEC. 103. STRENGTHENING PENALTIES FOR CHILD LABOR VIOLATIONS.
(a) In General.--Section 16(e)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 216(e)(1)) is amended--
(1) in subparagraph (A), by striking clauses (i) and (ii)
and inserting the following:
``(i) $151,380 for each employee who was the subject of
such a violation, which penalty may be doubled in the case of a
violation described in subparagraph (C); or
``(ii) $690,000 with regard to each violation of section 12
or 13(c), relating to child labor, or any regulation issued
pursuant to such a section, that causes the death or serious
injury of any employee under the age of 18 years, which penalty
may be doubled in the case of a violation described in
subparagraph (C).''; and
(2) by adding at the end the following:
``(C) For purposes of penalties that may be doubled under clause
(i) or (ii) of subparagraph (A), a violation described in this
subparagraph is a violation--
``(i) that is a repeated or willful violation;
``(ii) that involves an occupation or place of work
described in any of subparagraphs (A) through (D) of section
12(e)(1);
``(iii) that has occurred within 10 years of the final
disposition of another violation of section 12 or 13(c),
relating to child labor, or any regulation issued pursuant to
such a section; or
``(iv) for which the employer that committed the violation
is found, during the period in which the person was
investigated for such violation, to have employed more than 10
children in such a violation.''.
(b) Anti-Retaliation Violations.--Section 16(e)(2) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216(e)(2)) is amended by adding
at the end the following: ``Any person who violates section 15(a)(3)
with respect to any complaint or proceeding related to section 12 or
13(c), relating to child labor, or any regulation issued pursuant to
such a section, shall be subject to a civil penalty not to exceed
$75,000, for each such violation, in addition to such legal or
equitable relief as may be appropriate to effectuate the purposes of
such section 15(a)(3), as described in subsection (b).''.
(c) Damages for Victims.--
(1) In general.--Section 16 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 216) is amended--
(A) in subsection (b)--
(i) by inserting after the third sentence
the following: ``Any person who violates
section 12(c) or section 13(c), relating to
child labor, or any regulation issued pursuant
to such a section, shall be liable to the
employee or employees affected for compensatory
damages and, as appropriate, punitive damages
or legal or equitable relief as described in
subsection (f).'';
(ii) in the sentence beginning ``An action
to recover'', by striking ``employer'' and
inserting ``employer (or person as applicable
in the case of a violation of section 12(c) or
13(c), relating to child labor, or any
regulation issued pursuant to such a
section)''; and
(iii) in the last sentence--
(I) by striking ``or (2) legal''
and inserting ``, (2) legal''; and
(II) by inserting before the period
at the end ``, or (3) compensatory
damages and, as appropriate, punitive
damages or legal or equitable relief is
sought for a violation of section 12(c)
or section 13(c), relating to child
labor, or any regulation issued
pursuant to such a section''; and
(B) in subsection (c)--
(i) by inserting after the second sentence,
the following: ``The Secretary is authorized to
supervise the payment of any compensatory
damages, punitive damages, or legal or
equitable relief owed to an employee or
employees under subsection (b) for a violation
of section 12(c) or section 13(c), relating to
child labor, or any regulation issued pursuant
to such a section, and the Secretary may bring
an action in any court of competent
jurisdiction to obtain such damages or
relief.''; and
(ii) in the sentence beginning ``The right
provided by subsection (b)''--
(I) by striking ``the first
sentence of'';
(II) by inserting ``or relief''
after ``other damages''; and
(III) by striking ``an employer''
and inserting ``a person'';
(C) in subsection (d), by striking ``employer'' and
inserting ``person''; and
(D) by adding at the end the following:
``(f) Legal and Equitable Relief for Child Labor Violations.--
``(1) In general.--A person who violates section 12(c) or
section 13(c), relating to child labor, or any regulation
issued pursuant to such a section--
``(A) shall be liable to each employee affected by
the violation--
``(i) except as provided in clause (ii), in
an amount that is not less than $75,000 in
compensatory damages, which penalty shall be
doubled in the case of a violation that
involves an occupation or place of work
described in subparagraph any of subparagraphs
(A) through (D) of section 12(e)(1); or
``(ii) in the case of a violation of
section 12(c) or section 13(c), relating to
child labor, or any regulation issued pursuant
to such a section, that causes death or serious
injury, in an amount that is not less than
$750,000 in compensatory damages, which penalty
may be doubled in the case of such a violation
that is a repeated or willful violation; and
``(B) may, as appropriate, be liable to each
employee affected by the violation--
``(i) in an amount that is not less than
$1,000,000 in punitive damages in the case of a
violation that causes death or serious injury;
or
``(ii) for legal or equitable relief,
including injunctive relief or disgorgement of
profits.
``(2) Relation to other laws.--Nothing in this subsection
shall preempt a State or municipal law that provides greater
penalties or remedies for violations of child labor
requirements than those provided under this subsection.
``(3) Definition of serious injury.--For purposes of
paragraph (1), the term `serious injury' has the meaning given
such term in subsection (e)(1)(B)''.
(2) Statute of limitations.--Section 6 of the Portal-to-
Portal Act (29 U.S.C. 255) is amended--
(A) in the matter preceding subsection (a), by
inserting ``(or any compensatory damages, punitive
damages, or legal or equitable relief for a violation
of section 12(c) or section 13(c), relating to child
labor, of such Act, or any regulation issued pursuant
to such a section)'' after ``Fair Labor Standards Act
of 1938''; and
(B) in subsection (a), by inserting ``and except
that a cause of action for a violation of section 12(c)
or section 13(c), relating to child labor, of the Fair
Labor Standards Act of 1938, or any regulation issued
pursuant to such a section, may be commenced within 10
years after the cause of action accrued'' before the
semicolon.
(d) Criminal Penalties.--Section 16(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(a)) is amended--
(1) by striking ``Any'' and inserting ``(1) Any'';
(2) by inserting ``(other than subsection (a)(4) of such
section)'' after ``section 15'';
(3) by striking ``subsection'' each place it appears and
inserting ``paragraph''; and
(4) by adding at the end the following:
``(2)(A) Except as provided in subparagraph (B), any person who
violates section 15(a)(4) shall upon conviction thereof be subject to a
fine of not more than $750,000, or to imprisonment for not more than 1
year, or both.
``(B) Any person who violates section 12(f)(2) shall upon
conviction thereof be subject to a fine of not more than $500,000, or
to imprisonment of not more than 1 year, or both. No person shall be
imprisoned under this subparagraph except for an offense committed
after the conviction of such person for a prior offense under this
subparagraph.''.
SEC. 104. TRAINING AND ENGAGEMENT WITH RESPECT TO CHILD LABOR
VIOLATIONS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by inserting after section 18D (42 U.S.C. 218d) the following:
``SEC. 18E. TRAINING AND ENGAGEMENT WITH RESPECT TO CHILD LABOR
VIOLATIONS.
``The Secretary shall, directly or by grants or contracts, provide
for the establishment and supervision of programs for--
``(1) education and training with respect to recognition,
avoidance, and prevention of violations of section 12;
``(2) education and training of professionals providing
services to children on identifying and responding to
oppressive child labor and incorporating into their activities
knowledge about risk factors for exposing children to
oppressive child labor; and
``(3) identification of potential violations of section 12
and support for victims of such violations.''.
TITLE II--CHILD LABOR REQUIREMENTS FOR CERTAIN FEDERAL CONTRACTORS AND
RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE
SEC. 201. AMENDMENTS TO THE WALSH-HEALEY PUBLIC CONTRACTS ACT.
Section 6502 of title 41, United States Code, is amended--
(1) by striking ``A contract made by an agency'' and
inserting ``(a) In General.--A contract made by an agency'';
(2) in subsection (a)(3), by striking ``No individual under
16 years of age and no incarcerated individual'' and inserting
the following:
``(A) Incarcerated individuals.--No incarcerated
individual''; and
(3) by adding at the end the following:
``(B) Children.--No individual under 16 years of
age will be employed by the contractor, or any
subcontractor or supplier of the contractor, in any
activity at any tier under the contract, including any
activity under a subcontract at any tier of the
contract. No individual 16 or 17 years of age will be
employed by the contractor, or any subcontractor or
supplier of the contractor, in oppressive child labor,
as defined under section 3(l) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(l)), in any
activity at any tier under the contract, including any
activity under a subcontract at any tier of the
contract.''; and
(4) by adding at the end the following:
``(b) Children.--
``(1) Good faith defense for secondary liability.--A
contractor shall not be in breach or violation of a
representation or stipulation required under subsection
(a)(3)(B) due to the actions of a subcontractor or supplier at
any tier of the contract if the contractor--
``(A) entered into a contract with the prime
subcontractor or supplier in a good faith reliance on a
written assurance from the subcontractor or supplier
that all subcontractors and suppliers at any tier of
the contract would not, in any activity under the
contract, including any activity under a subcontract at
any tier of the contract, employ an individual under 16
years of age or employ an individual 16 or 17 years of
age in oppressive child labor (as defined under section
3(l) of the Fair Labor Standards Act of 1938);
``(B) had no notice that a subcontractor or
supplier would so employ an individual; and
``(C) has taken meaningful and affirmative steps to
ensure that all subcontractors and suppliers at any
tier of the contract would not so employ an individual.
``(2) Successors in interest.--
``(A) In general.--Notwithstanding any other
provision in this chapter, for purposes of subsection
(a)(3)(B) and any other provision in this chapter
administering or enforcing a stipulation or
representation required under such subsection--
``(i) the term `contractor' includes a
successor in interest of the contractor;
``(ii) the term `party responsible for a
breach or violation', in the case of a
contractor, includes a successor in interest of
the contractor; and
``(iii) the term `person', in the case of a
contractor, includes a successor in interest of
the contractor.
``(B) Joint and several liability.--A contractor
that is a successor in interest of another contractor
in breach or violation of a representation or
stipulation required under subsection (a)(3)(B) shall
be jointly and severally liable under this chapter with
such other contractor for such breach or violation.
``(C) Definition of successor in interest.--In this
paragraph, the term `successor in interest', with
respect to a contractor, means any person who--
``(i) uses substantially the same
facilities or workers to offer substantially
the same goods or services as the contractor;
``(ii) employs as a managing agent any
individual who was responsible for wages,
hours, or working conditions as the contractor;
or
``(iii)(I) has an owner, partner, officer,
or director who is an immediate family member
of an owner, partner, officer, or director of
the contractor; and
``(II) is in the same industry as the
contractor.''.
SEC. 202. CHILD LABOR REQUIREMENTS FOR CONTRACTS AND ASSISTANCE COVERED
BY THE DAVIS-BACON ACT OR RELATED ACTS OR THE SERVICE
CONTRACT ACT.
(a) Definitions.--In this section:
(1) Applicable contract or assistance.--The term
``applicable contract or assistance'' means--
(A) a contract or subcontract entered into after
the date of enactment of this Act to which subchapter
IV of chapter 31 of title 40, United States Code
(commonly known as the ``Davis-Bacon Act''), applies;
(B) any form of financial assistance (including
through a grant or loan) awarded by the Federal
Government--
(i) for which the terms of such assistance
were agreed to by the Federal Government and
the recipient of such assistance after the date
of enactment of this Act; and
(ii) that requires all laborers and
mechanics employed by contractors and
subcontractors in the performance of
construction work financed in whole or in part
by such assistance to be paid wages at rates
not less than those prevailing on projects of a
similar character in the locality as determined
by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United
States Code; and
(C) a contract entered into after the date of
enactment of this Act to which chapter 67 of title 41,
United States Code (commonly known as the ``Service
Contract Act''), applies.
(2) Contractor or recipient of an applicable contract or
assistance.--
(A) In general.--The term ``contractor'' or
``recipient of an applicable contract or assistance''
includes a successor in interest of the contractor or
recipient, respectively.
(B) Joint and several liability.--A contractor or
recipient of an applicable contract or assistance that
is a successor in interest of another contractor or
recipient of an applicable contract or assistance in
violation of this section shall be jointly and
severally liable under this section with such other
contractor or recipient for such violation.
(3) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3(l) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)).
(4) Successor in interest.--The term ``successor in
interest'', with respect to a contractor or recipient of an
applicable contract or assistance, means any person who--
(A) uses substantially the same facilities or
workers to offer substantially the same goods or
services as the contractor or recipient;
(B) employs as a managing agent any individual who
was responsible for wages, hours, or working conditions
as the contractor or recipient; or
(C)(i) has an owner, partner, officer, or director
who is an immediate family member of an owner, partner,
officer, or director of the contractor or recipient;
and
(ii) is in the same industry as the contractor or
recipient.
(b) Child Labor Provisions.--
(1) In general.--The terms of any applicable contract or
assistance shall include the following representations and
stipulations:
(A) Oppressive child labor shall not be employed by
the contractor or recipient of such applicable contract
or assistance, or any subcontractor or supplier of the
contractor or recipient at any tier of the applicable
contract or assistance, in the performance of or work
funded by the applicable contract or assistance.
(B) The contractor or recipient of the applicable
contract or assistance shall provide to any
subcontractor or supplier under the applicable contract
or assistance training on the requirement under
subparagraph (A).
(C) The contractor or recipient of the applicable
contract or assistance, and any subcontractor or
supplier under any tier of the applicable contract or
assistance, shall each establish a labor-management
committee to review the policies with respect to child
labor of the contractor, recipient, subcontractor, or
supplier, respectively, and promote the reporting of
any violations of such policies.
(2) Good faith defense for secondary liability.--A
contractor or recipient of an applicable contract or assistance
shall not be in breach or violation of a representation or
stipulation under paragraph (1)(A) due to the actions of a
subcontractor or supplier at any tier of the applicable
contract or assistance if the contractor or recipient--
(A) entered into a contract with the prime
subcontractor or supplier in a good faith reliance on a
written assurance from the subcontractor or supplier
that all subcontractors and suppliers at any tier of
the applicable contract or assistance would not employ
oppressive child labor in the performance of or work
funded by the applicable contract or assistance;
(B) had no notice that a subcontractor or supplier
would employ oppressive child labor in such performance
or work; and
(C) has taken meaningful and affirmative steps to
ensure that all subcontractors and suppliers at any
tier of the applicable contract or assistance would not
employ oppressive child labor in such performance or
work.
(c) Breach or Violation.--
(1) Applicable breach or violation.--This subsection
applies in the case of a breach or violation of a
representation or stipulation required under subsection
(b)(1)(A) in an applicable contract or assistance.
(2) Liquidated damages.--In addition to damages for any
other breach of the applicable contract or assistance, the
party responsible for a breach or violation described in
paragraph (1) is liable to the Federal Government for
liquidated damages in an amount equal to the sum of $20 per day
for each individual employed in oppressive child labor in the
performance of or work funded by the applicable contract or
assistance.
(3) Cancellation and alternative completion.--In addition
to the Federal Government being entitled to damages described
in paragraph (2), the Federal Government may cancel the
contract or assistance and make open-market purchases or make
other contracts or award other assistance for the completion of
the original contract or terms of the original assistance,
charging any additional cost to the original contractor or
recipient.
(4) Recovery of amounts due.--An amount due the Federal
Government because of a breach or violation described in
paragraph (1) may be withheld from any amounts owed the
contractor or recipient under the applicable contract or
assistance or may be recovered in a suit brought by the
Attorney General.
(d) Three-Year Prohibition on New Contracts in Case of Breach or
Violation.--
(1) Distribution list.--The Comptroller General of the
United States shall distribute to each agency of the Federal
Government a list containing the names of persons found by the
Secretary to have breached or violated a representation or
stipulation included in an applicable contract or assistance
under subsection (b)(1)(A).
(2) Three-year prohibition.--Unless the Secretary
recommends otherwise, the Federal Government may not award any
contract or other financial assistance to a person named on the
list under paragraph (1), or to a firm, corporation,
partnership, or association in which the person has a
controlling interest, until 3 years have elapsed from the date
of the determination by the Secretary that a breach or
violation occurred.
(e) Enforcement and Administration.--Sections 6506 and 6507 (other
than subsection (a) of such section) of title 41, United States Code,
govern the Secretary's authority to enforce this section, including the
Secretary's authority to prescribe regulations, issue orders, hold
hearings, make decisions based on findings of fact, and take other
appropriate action under this section.
TITLE III--MISCELLANEOUS
SEC. 301. REPORTS TO CONGRESS ON WORK-RELATED INJURIES, ILLNESSES, AND
DEATHS.
(a) Analysis of Data.--
(1) In general.--The Secretary of Labor, in consultation as
described in paragraph (2), shall collect and analyze data
concerning overall trends for work-related injuries, illnesses,
or deaths and trends related to enforcement under Federal or
State law with respect to such injuries, illnesses, or deaths.
(2) Consulting entities.--In collecting and analyzing data
under paragraph (1), the Secretary of Labor--
(A) shall consult with the Secretary of Health and
Human Services; and
(B) may consult with any relevant State agencies.
(b) Reports.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Secretary of Labor shall--
(1) submit a report to Congress that includes--
(A) a summary of the data collected and analyzed by
the Secretary under subsection (a) for the previous
year;
(B) an evaluation, based on such data, that
reflects the status of work-related injuries,
illnesses, and deaths; and
(C) any recommendations for the President and
Congress as a result of such evaluation;
(2) publish such report in the Federal Register; and
(3) post such report on the website of the Department of
Labor.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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