Sec. 202. Child labor requirements for contracts and assistance covered by the Davis-Bacon Act or Related Acts or the Service Contract Act
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In this section: The term applicable contract or assistance means— 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; any form of financial assistance (including through a grant or loan) awarded by the Federal Government— 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 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 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.
The term contractor or recipient of an applicable contract or assistance includes a successor in interest of the contractor or recipient, respectively. 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. 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) ).
The term successor in interest , with respect to a contractor or recipient of an applicable contract or assistance, means any person who— uses substantially the same facilities or workers to offer substantially the same goods or services as the contractor or recipient; employs as a managing agent any individual who was responsible for wages, hours, or working conditions as the contractor or recipient; or 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 is in the same industry as the contractor or recipient.
The terms of any applicable contract or assistance shall include the following representations and stipulations: 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. 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).
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. 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— 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; had no notice that a subcontractor or supplier would employ oppressive child labor in such performance or work; and 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.
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. 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. 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. 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. 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). 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. 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.
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Sec. 202
Child labor requirements for contracts and assistance covered by the Davis-Bacon Act or Related Acts or the Service Contract Act
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