[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>