,,ii #aaith ,,congress #b;d ,session ,s4 #dhag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ag1 #bjbf,mrs4 ,murray 7for herself1 ,ms4 ,duckworth1 ,mr4 ,fetterman1 ,mr4 ,markey1 ,mr4 ,murphy1 ,mr4 ,padilla1 ,mr4 ,reed1 ,mr4 ,sanders1 ,ms4 ,smith1 ,ms4 ,warren1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to strengthen protections against child labor violations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,children ,harmed ,in ,life-threatening or ,dangerous ,labor ,act or the ,,child ,labor ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,strengthening protections against child labor violations under the ,fair ,labor ,standards ,act of #aich,sec4 #aja4 ,definition of oppressive child labor2 hazardous occupations4,sec4 #ajb4 ,enhancing child labor protections4,sec4 #ajc4 ,strengthening penalties for child labor violations4,sec4 #ajd4 ,training and engagement with respect to child labor violations4,,title ,,ii--,child labor requirements for certain ,federal contractors and recipients of ,federal financial assistance,sec4 #bja4 ,amendments to the ,walsh-,healey ,public ,contracts ,act4,sec4 #bjb4 ,child labor requirements for contracts and assistance covered by the ,davis-,bacon ,act or ,related ,acts or the ,service ,contract ,act4,,title ,,iii--,miscellaneous,sec4 #cja4 ,reports to ,congress on work-related injuries1 illnesses1 and deaths4 ,i ,strengthening protections against child labor violations under the ,fair ,labor ,standards ,act of #aich #aja4 ,definition of oppressive child labor2 hazardous occupations 7a7 ,oppressive child labor ,subsection 7l7 of section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7 is amended to read as follows3 7l7 7#a7 ,oppressive child labor means a condition of employment under which-- 7,a7 any employee under #ah years of age is employed in-- 7i7 manufacturing2 7ii7 mining2 7iii7 trenching or excavation2 7iv7 meat processing2 7v7 demolition2 or 7vi7 explosives2 7,b7 any employee under #ah years of age is employed by an employer in an occupation1 or in or around a place of work1 that the ,secretary shall find and by order declare to pose a danger or risk of injury or to be detrimental to the health1 safety1 or well-being of children under #ah years of age2 7,c7 any employee who is #ad or #ae years of age is employed by an employer 7other 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 custody7-- 7i7 in an occupation1 or in or around a place of work1 that the ,secretary shall find and by order declare to pose a danger or risk of injury or to be detrimental to the health1 safety1 or well-being of children who are such ages2 or 7ii7 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 health1 safety1 or well-being2 or 7,d7 any employee is under #ad years of age employed by an employer 7other 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 custody74 7#b7 ,for purposes of paragraph 7#a7-- 7,a7 the term occupation means work performed by a person1 including all jobs1 duties1 tasks1 and tools or equipment typically utilized in that work2 and 7,b7 the term place of work means the entire worksite1 including any facility1 factory1 plant1 grounds1 campus1 site1 or physical location 7whether fixed or mobile7 where the work is performed4 4 7b7 ,hazardous occupations and places of work ,section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab7 is amended by adding at the end the following3 7e7 ,hazardous occupations and places of work 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,children ,harmed ,in ,life-threatening or ,dangerous ,labor ,act1 the ,secretary shall issue-- 7,a7 regulations with respect to occupations in the industries described in subparagraph 7,a7 of section #c7l77#a72 7,b7 regulations and orders with respect to occupations and places of work covered under subparagraph 7,b7 of such section2 7,c7 regulations and orders with respect to occupations and places of work covered under subparagraph 7,c77i7 of such section2 and 7,d7 regulations with respect to occupations covered under section #ac7;c77#b7 as particularly hazardous for the employment of children below the age of #af4 7#b7 ,updates ,not less than every #e years1 the ,secretary shall-- 7,a7 review all regulations and orders issued under paragraph 7#a7 to determine whether such regulations and orders need to be revised1 which revisions may include updating such regulations or orders to include additional occupations or places of work1 as applicable2 and 7,b7 revise any such regulations or orders the ,secretary so determines need to be revised4 4 #ajb4 ,enhancing child labor protections 7a7 ,accepting responsibility for companies in supply chain engaging in oppressive child labor 7#a7 ,records related to prime contractors and subcontractors ,section #ab7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab7;b77 is amended by adding at the end the following3 ,in making investigations and inspections under section #aa7;a7 with respect to the employment of minors1 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 person44 7#b7 ,secondary oppressive child labor ,section #ab7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab7 is amended-- 7,a7 by striking ,no employer and inserting 7#a7 ,no employer2 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,no person shall produce1 manufacture1 or otherwise offer into commerce a good or service with respect to which an employer who is a contractor or subcontractor 7at any tier7 of the person employs oppressive child labor in the performance of the contract or subcontract for producing1 manufacturing1 or otherwise offering into commerce such good or service4 7,b7 ,a person shall not be in violation of subparagraph 7,a7 if the person-- 7i7 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 producing1 manufacturing1 or otherwise offering into commerce the good or service2 7ii7 had no notice that the employer described in subparagraph 7,a7 would employ oppressive child labor in such performance2 and 7iii7 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 performance4 4 7b7 ,hot goods ,section #ab7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab7;a77 is amended-- 7#a7 by striking thirty and inserting #ahj2 and 7#b7 by striking and who acquired such goods for value without notice of any such violation1 and inserting 1 who acquired such goods for value without notice of any such violation1 and who has taken meaningful and affirmative steps to ensure that all producers1 manufacturers1 or dealers of the purchaser are in compliance with this section14 7c7 ,unlawfully manufactured2 child labor tags ,section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab71 as amended by section #aja7;b71 is further amended by adding at the end the following3 7f7 ,unlawfully manufactured2 child labor tags 7#a7 ,in general ,the ,secretary shall have the authority1 in accordance with a process determined by the ,secretary through regulations1 to affix to any goods produced by a person in violation of subsection 7c7 a tag of not more than #f inches in length bearing the words ,unlawfully manufactured2 child labor4 7#b7 ,prohibition ,no person 7other than the ,secretary1 an authorized representative of the ,secretary1 or the consumer with respect to the goods7 shall remove1 alter1 deface1 or otherwise interfere with a tag affixed to goods under paragraph 7#a74 4 7d7 ,successors in interest ,section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf71 as amended by subsection 7c71 is further amended by adding at the end the following3 7g7 ,successors in interest 7#a7 ,in general ,notwithstanding any other provision in this ,act1 for purposes of this section and any other provision in this ,act administering or enforcing this section1 the terms employer and person include a successor in interest of the employer or person1 respectively4 7#b7 ,joint and several liability ,an employer or other person that is a successor in interest of another employer1 or other person1 in violation of this section shall be jointly and severally liable under this ,act with such other employer or person1 respectively1 for such violation4 7#c7 ,definition of successor in interest ,in this subsection1 the term successor in interest1 with respect to an employer or other person1 means any person who-- 7,a7 uses substantially the same facilities or workers to offer substantially the same goods or services as the employer or other person2 7,b7 employs as a managing agent any individual who was responsible for wages1 hours1 or working conditions as the employer or other person2 or 7,c7 7i7 has an owner1 partner1 officer1 or director who is an immediate family member of an owner1 partner1 officer1 or director of the employer or other person2 and 7ii7 is in the same industry as the employer or other person4 4 7e7 ,authority ,to issue stop work orders ,section #ab7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab7;b771 as amended by subsection 7a77#a71 is further amended-- 7#a7 by striking ,the ,secretary of ,labor and inserting 7#a7 ,the ,secretary of ,labor2 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,in addition to the authority of the ,secretary to bring an action under section #ag as described in paragraph 7#a71 the ,secretary may issue a stop work order to any person that the ,secretary has found to be in violation of this section4 7,b7 ,such stop work order may apply to one or more worksites of the person 7without regard to whether all such worksites involve a violation of this section74 7,c7 ,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 section4 7,d7 7i7 ,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 paragraph4 ,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 order4 7ii7 ,for purposes of administration and enforcement of a violation of clause 7i7-- 7,i7 a violation of such clause shall be deemed a violation of section #f and not a violation of this section2 7,,ii7 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 ,act2 and 7,,iii7 any reference in section #af to an employer or employee shall be deemed a reference to a person or an individual1 respectively1 without regard to whether the person or individual is an employer or employee1 respectively4 4 #ajc4 ,strengthening penalties for child labor violations 7a7 ,in general ,section #af7;e77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 #afj1cej for each employee who was the subject of such a violation1 which penalty may be doubled in the case of a violation described in subparagraph 7,c72 or 7ii7 #gbh1gfj with regard to each violation of section #ab or #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section1 that causes the death or serious injury of any employee under the age of #ah years1 which penalty may be doubled in the case of a violation described in subparagraph 7,c74 2 and 7#b7 by adding at the end the following3 7,c7 ,for purposes of penalties that may be doubled under clause 7i7 or 7ii7 of subparagraph 7,a71 a violation described in this subparagraph is a violation-- 7i7 that is a repeated or willful violation2 7ii7 that involves an occupation or place of work described in any of subparagraphs 7,a7 through 7,d7 of section #ab7;e77#a72 7iii7 that has occurred within #aj years of the final disposition of another violation of section #ab or #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section2 or 7iv7 for which the employer that committed the violation is found1 during the period in which the person was investigated for such violation1 to have employed more than #aj children in such a violation4 4 7b7 ,anti-,retaliation violations ,section #af7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#b77 is amended by adding at the end the following3 ,any person who violates section #ae7;a77#c7 with respect to any complaint or proceeding related to section #ab or #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section1 shall be subject to a civil penalty not to exceed #ge1jjj1 for each such violation1 in addition to such legal or equitable relief as may be appropriate to effectuate the purposes of such section #ae7;a77#c71 as described in subsection 7b744 7c7 ,damages for victims 7#a7 ,in general ,section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7 is amended-- 7,a7 in subsection 7b7-- 7i7 by inserting after the third sentence the following3 ,any person who violates section #ab7;c7 or section #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section1 shall be liable to the employee or employees affected for compensatory damages and1 as appropriate1 punitive damages or legal or equitable relief as described in subsection 7f742 7ii7 in the sentence beginning ,an action to recover1 by striking employer and inserting employer 7or person as applicable in the case of a violation of section #ab7;c7 or #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section72 and 7iii7 in the last sentence-- 7,i7 by striking or 7#b7 legal and inserting 1 7#b7 legal2 and 7,,ii7 by inserting before the period at the end 1 or 7#c7 compensatory damages and1 as appropriate1 punitive damages or legal or equitable relief is sought for a violation of section #ab7;c7 or section #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section2 7,b7 in subsection 7c7-- 7i7 by inserting after the second sentence1 the following3 ,the ,secretary is authorized to supervise the payment of any compensatory damages1 punitive damages1 or legal or equitable relief owed to an employee or employees under subsection 7b7 for a violation of section #ab7;c7 or section #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section1 and the ,secretary may bring an action in any court of competent jurisdiction to obtain such damages or relief42 and 7ii7 in the sentence beginning ,the right provided by subsection 7b7-- 7,i7 by striking the first sentence of2 7,,ii7 by inserting or relief after other damages2 and 7,,iii7 by striking an employer and inserting a person2 7,c7 in subsection 7d71 by striking employer and inserting person2 and 7,d7 by adding at the end the following3 7f7 ,legal and equitable relief for child labor violations 7#a7 ,in general ,a person who violates section #ab7;c7 or section #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section-- 7,a7 shall be liable to each employee affected by the violation-- 7i7 except as provided in clause 7ii71 in an amount that is not less than #ge1jjj in compensatory damages1 which penalty shall be doubled in the case of a violation that involves an occupation or place of work described in any of subparagraphs 7,a7 through 7,d7 of section #ab7;e77#a72 or 7ii7 in the case of a violation of section #ab7;c7 or section #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section1 that causes death or serious injury1 in an amount that is not less than #gej1jjj in compensatory damages1 which penalty may be doubled in the case of such a violation that is a repeated or willful violation2 and 7,b7 may1 as appropriate1 be liable to each employee affected by the violation-- 7i7 in an amount that is not less than #a1jjj1jjj in punitive damages in the case of a violation that causes death or serious injury2 or 7ii7 for legal or equitable relief1 including injunctive relief or disgorgement of profits4 7#b7 ,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 subsection4 7#c7 ,definition of serious injury ,for purposes of paragraph 7#a71 the term serious injury has the meaning given such term in subsection 7e77#a77;,b74 4 7#b7 ,statute of limitations ,section #f of the ,portal-to-,portal ,act 7#bi ,u4,s4,c4 #bee7 is amended-- 7,a7 in the matter preceding subsection 7a71 by inserting 7or any compensatory damages1 punitive damages1 or legal or equitable relief for a violation of section #ab7;c7 or section #ac7;c71 relating to child labor1 of such ,act1 or any regulation issued pursuant to such a section7 after ,fair ,labor ,standards ,act of #aich2 and 7,b7 in subsection 7a71 by inserting and except that a cause of action for a violation of section #ab7;c7 or section #ac7;c71 relating to child labor1 of the ,fair ,labor ,standards ,act of #aich1 or any regulation issued pursuant to such a section1 may be commenced within #aj years after the cause of action accrued before the semicolon4 7d7 ,criminal penalties ,section #af7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;a77 is amended-- 7#a7 by striking ,any and inserting 7#a7 ,any2 7#b7 by inserting 7other than subsection 7a77#d7 of such section7 after section #ae2 7#c7 by striking subsection each place it appears and inserting paragraph2 and 7#d7 by adding at the end the following3 7#b7 7,a7 ,except as provided in subparagraph 7,b71 any person who violates section #ae7;a77#d7 shall upon conviction thereof be subject to a fine of not more than #gej1jjj1 or to imprisonment for not more than #a year1 or both4 7,b7 ,any person who violates section #ab7;f77#b7 shall upon conviction thereof be subject to a fine of not more than #ejj1jjj1 or to imprisonment of not more than #a year1 or both4 ,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 subparagraph4 4 #ajd4 ,training and engagement with respect to child labor violations ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 is amended by inserting after section #ah;,d 7#db ,u4,s4,c4 #bah;d7 the following3 #ah;,e4 ,training and engagement with respect to child labor violations ,the ,secretary shall1 directly or by grants or contracts1 provide for the establishment and supervision of programs for-- 7#a7 education and training with respect to recognition1 avoidance1 and prevention of violations of section #ab2 7#b7 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 labor2 and 7#c7 identification of potential violations of section #ab and support for victims of such violations4 4 ,,ii ,child labor requirements for certain ,federal contractors and recipients of ,federal financial assistance #bja4 ,amendments to the ,walsh-,healey ,public ,contracts ,act ,section #fejb of title #da1 ,united ,states ,code1 is amended-- 7#a7 by striking ,a contract made by an agency and inserting 7a7 ,in general4--,a contract made by an agency2 7#b7 in subsection 7a77#c71 by striking ,no individual under #af years of age and no incarcerated individual and inserting the following3 7,a7 ,incarcerated individuals ,no incarcerated individual 2 7#c7 by adding at the end the following3 7,b7 ,children ,no individual under #af years of age will be employed by the contractor1 or any subcontractor or supplier of the contractor1 in any activity at any tier under the contract1 including any activity under a subcontract at any tier of the contract4 ,no individual #af or #ag years of age will be employed by the contractor1 or any subcontractor or supplier of the contractor1 in oppressive child labor1 as defined under section #c7l7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7l771 in any activity at any tier under the contract1 including any activity under a subcontract at any tier of the contract4 2 and 7#d7 by adding at the end the following3 7b7 ,children 7#a7 ,good faith defense for secondary liability ,a contractor shall not be in breach or violation of a representation or stipulation required under subsection 7a77#c77;,b7 due to the actions of a subcontractor or supplier at any tier of the contract if the contractor-- 7,a7 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 not1 in any activity under the contract1 including any activity under a subcontract at any tier of the contract1 employ an individual under #af years of age or employ an individual #af or #ag years of age in oppressive child labor 7as defined under section #c7l7 of the ,fair ,labor ,standards ,act of #aich72 7,b7 had no notice that a subcontractor or supplier would so employ an individual2 and 7,c7 has taken meaningful and affirmative steps to ensure that all subcontractors and suppliers at any tier of the contract would not so employ an individual4 7#b7 ,successors in interest 7,a7 ,in general ,notwithstanding any other provision in this chapter1 for purposes of subsection 7a77#c77;,b7 and any other provision in this chapter administering or enforcing a stipulation or representation required under such subsection-- 7i7 the term contractor includes a successor in interest of the contractor2 7ii7 the term party responsible for a breach or violation1 in the case of a contractor1 includes a successor in interest of the contractor2 and 7iii7 the term person1 in the case of a contractor1 includes a successor in interest of the contractor4 7,b7 ,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 7a77#c77;,b7 shall be jointly and severally liable under this chapter with such other contractor for such breach or violation4 7,c7 ,definition of successor in interest ,in this paragraph1 the term successor in interest1 with respect to a contractor1 means any person who-- 7i7 uses substantially the same facilities or workers to offer substantially the same goods or services as the contractor2 7ii7 employs as a managing agent any individual who was responsible for wages1 hours1 or working conditions as the contractor2 or 7iii7 7,i7 has an owner1 partner1 officer1 or director who is an immediate family member of an owner1 partner1 officer1 or director of the contractor2 and 7,,ii7 is in the same industry as the contractor4 4 #bjb4 ,child labor requirements for contracts and assistance covered by the ,davis-,bacon ,act or ,related ,acts or the ,service ,contract ,act 7a7 ,definitions ,in this section3 7#a7 ,applicable contract or assistance ,the term applicable contract or assistance means-- 7,a7 a contract or subcontract entered into after the date of enactment of this ,act to which subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act71 applies2 7,b7 any form of financial assistance 7including through a grant or loan7 awarded by the ,federal ,government-- 7i7 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 ,act2 and 7ii7 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 #ca of title #dj1 ,united ,states ,code2 and 7,c7 a contract entered into after the date of enactment of this ,act to which chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act71 applies4 7#b7 ,contractor or recipient of an applicable contract or assistance 7,a7 ,in general ,the term contractor or recipient of an applicable contract or assistance includes a successor in interest of the contractor or recipient1 respectively4 7,b7 ,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 violation4 7#c7 ,oppressive child labor ,the term oppressive child labor has the meaning given such term in section #c7l7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7l774 7#d7 ,successor in interest ,the term successor in interest1 with respect to a contractor or recipient of an applicable contract or assistance1 means any person who-- 7,a7 uses substantially the same facilities or workers to offer substantially the same goods or services as the contractor or recipient2 7,b7 employs as a managing agent any individual who was responsible for wages1 hours1 or working conditions as the contractor or recipient2 or 7,c7 7i7 has an owner1 partner1 officer1 or director who is an immediate family member of an owner1 partner1 officer1 or director of the contractor or recipient2 and 7ii7 is in the same industry as the contractor or recipient4 7b7 ,child labor provisions 7#a7 ,in general ,the terms of any applicable contract or assistance shall include the following representations and stipulations3 7,a7 ,oppressive child labor shall not be employed by the contractor or recipient of such applicable contract or assistance1 or any subcontractor or supplier of the contractor or recipient at any tier of the applicable contract or assistance1 in the performance of or work funded by the applicable contract or assistance4 7,b7 ,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 7,a74 7,c7 ,the contractor or recipient of the applicable contract or assistance1 and any subcontractor or supplier under any tier of the applicable contract or assistance1 shall each establish a labor-management committee to review the policies with respect to child labor of the contractor1 recipient1 subcontractor1 or supplier1 respectively1 and promote the reporting of any violations of such policies4 7#b7 ,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 7#a77;,a7 due to the actions of a subcontractor or supplier at any tier of the applicable contract or assistance if the contractor or recipient-- 7,a7 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 assistance2 7,b7 had no notice that a subcontractor or supplier would employ oppressive child labor in such performance or work2 and 7,c7 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 work4 7c7 ,breach or violation 7#a7 ,applicable breach or violation ,this subsection applies in the case of a breach or violation of a representation or stipulation required under subsection 7b77#a77;,a7 in an applicable contract or assistance4 7#b7 ,liquidated damages ,in addition to damages for any other breach of the applicable contract or assistance1 the party responsible for a breach or violation described in paragraph 7#a7 is liable to the ,federal ,government for liquidated damages in an amount equal to the sum of #bj per day for each individual employed in oppressive child labor in the performance of or work funded by the applicable contract or assistance4 7#c7 ,cancellation and alternative completion ,in addition to the ,federal ,government being entitled to damages described in paragraph 7#b71 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 assistance1 charging any additional cost to the original contractor or recipient4 7#d7 ,recovery of amounts ,due ,an amount due to the ,federal ,government because of a breach or violation described in paragraph 7#a7 may be withheld from any amounts owed to the contractor or recipient under the applicable contract or assistance or may be recovered in a suit brought by the ,attorney ,general4 7d7 ,three-,year prohibition on new contracts in case of breach or violation 7#a7 ,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 7b77#a77;,a74 7#b7 ,three-year prohibition ,unless the ,secretary recommends otherwise1 the ,federal ,government may not award any contract or other financial assistance to a person named on the list under paragraph 7#a71 or to a firm1 corporation1 partnership1 or association in which the person has a controlling interest1 until #c years have elapsed from the date of the determination by the ,secretary that a breach or violation occurred4 7e7 ,enforcement and administration ,sections #fejf and #fejg 7other than subsection 7a7 of such section7 of title #da1 ,united ,states ,code1 govern the ,secretary's authority to enforce this section1 including the ,secretary's authority to prescribe regulations1 issue orders1 hold hearings1 make decisions based on findings of fact1 and take other appropriate action under this section4 ,,iii ,miscellaneous #cja4 ,reports to ,congress on work-related injuries1 illnesses1 and deaths 7a7 ,analysis of data 7#a7 ,in general ,the ,secretary of ,labor1 in consultation as described in paragraph 7#b71 shall collect and analyze data concerning overall trends for work-related injuries1 illnesses1 or deaths and trends related to enforcement under ,federal or ,state law with respect to such injuries1 illnesses1 or deaths4 7#b7 ,consulting entities ,in collecting and analyzing data under paragraph 7#a71 the ,secretary of ,labor-- 7,a7 shall consult with the ,secretary of ,health and ,human ,services2 and 7,b7 may consult with any relevant ,state agencies4 7b7 ,reports ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,labor shall-- 7#a7 submit a report to ,congress that includes-- 7,a7 a summary of the data collected and analyzed by the ,secretary under subsection 7a7 for the previous year2 7,b7 an evaluation1 based on such data1 that reflects the status of work-related injuries1 illnesses1 and deaths2 and 7,c7 any recommendations for the ,president and ,congress as a result of such evaluation2 7#b7 publish such report in the ,federal ,register2 and 7#c7 post such report on the website of the ,department of ,labor4