Page:United States Statutes at Large Volume 49 Part 1.djvu/2082

 74TH CONGRESS. SESS. II. CH. 881. JUNE 30, 1936. 2037 particular or similar industries o r groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under said con- tract ; c That no person employed by the contractor in the manufacture Ma xim um ho urs of later. or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract shall be permitted to work in excess of eight hours in any one day or in excess of forty hours in any one week ; (d) That no ma le person under sixteen years of age and no female la chi ld and con vi ct person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or fur- nis hing of an y of the m ateri als, suppl ies, artic les, or eq uipme nt included in such contract ; and (e) That no pa rt of such contract will be performed nor will any inactoriess, t ndfti ons of the materials, supplies, articles, or equipment to be manufactured or furni shed under said cont ract be ma nufac tured or f abric ated in any plants, factories, buildings, or surroundin gs or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of said compliance with contract. Compliance with the safety, sanitary, and factory inspec- st ate saf ety, sa nitary, tion laws of the State in which the work or part thereof is to be etc ., laws. performed shall be prima-facie evidence of compliance with this subsection. SEC. 2 . That any breach or violation of any of the representations Damages for breach of co ntract . and stipulations in any contract for the purposes set forth-in sec- tion 1 hereof shall render the party responsible therefor liable to the United States of America for liquidated damages, in addition Additional penalties. to damages for any other breach of such contract, the sum of $10 per day for each male person under sixteen years of age or each female person under eighteen years of age, or each convict la borer knowing ly employ ed in th e perform ance of such cont ract, and a sum equal to the amount of any deductions, rebates, refunds, or underpa yment of wages du e to any employee engaged in the pe r- Caneelation of con- formance of such contract ; and, in addition, the agency of the tracts. United States entering into such contract shall have the right to c hoses; canc el sa me an d to make open- marke t pur chase s or enter into othe r addi tional cost t o con- contracts for the completion of the original contract, charging any tractor. additional cost to the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of said contract set forth in section 1 hereof may be withheld from any amounts due on any such contracts or may be recovered in suits brought in the na me of use of sums w ith- the United States of America by the Attorney General thereof. All held. sums withheld or recovered as deductions, rebates, refunds, or under- payments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly t o the employees who have been paid less than minimum rates of pay as set forth in such contracts and on whose account such sums were Pro als o. withheld or recovered : Provided, That no claims by employees for Filing of claims. such payments shall be entertained unless made within one year from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America. SEC. 3 . The Comptroller General is authorized and directed to Distribution to Fed- eral agencies of list of distribute a list to all agencies of the United States containing the persons, etc ., who hav e n breached contracts. names of persons or firms found by the Secretary of Labor to have breached any of the agreements or representations required by this