(1) CONTRACT CANCELLATION.—After final ad-
judication of a pattern or practice of violations, the 
United States may cancel any contract (or the re-
mainder thereof) with the Federal contractor that is 
a part of the pattern or practice of violations. 
(2) RESTITUTION.—A Federal contractor whose 
contract is canceled under paragraph (1) shall be 
liable to the United States in an amount equal to 
the costs to the Government in obtaining a replace-
ment contractor to cover the remainder of any con-
tract canceled under paragraph (1). 
(3) CONTRACT INELIGIBILITY.—After final ad-
judication of a pattern or practice of violations, the 
Federal contractor shall be ineligible to enter into, 
extend, or renew a contract with the United States 
for a period of five years after the date of such adju-
dication. 
(4) PUBLICATION.—Not later than 90 days 
after final adjudication of a pattern or practice of 
violations, the Secretary shall publish in the Federal 
Register a notice describing the ineligibility of the 
Federal contractor under paragraph (3). 
(b) SAFE HARBOR.—Subsection (a) shall not apply 
if— 
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(1) the Federal contractor has entered into a 
consent agreement with the Secretary with regard to 
a pattern or practice of violations of section 2 and 
has paid to any aggrieved workers all wages due 
them, to the satisfaction of the Secretary; or 
(2) the Secretary determines, after consultation 
with the affected Government entity, that cancella-
tion or debarment under subsection (a) would not be 
in the best interests of the Nation or of such Gov-
ernment entity. 
(c) JUDICIAL REVIEW.—Any Federal contractor ag-
grieved by an adverse determination of the Secretary 
under subsection (a) may seek review of such determina-
tion in an appropriate court. 
SEC. 4. EMERGENCIES. 
The President may suspend the provisions of this Act 
in times of emergency. 
SEC. 5. PRIVATE RIGHT OF ACTION. 
(a) ACTION.—A worker aggrieved by a violation of 
section 2 may, in a civil action, recover appropriate relief. 
A civil action under this section shall be filed not later 
than 2 years after the commission of such violation. A civil 
action may not be brought under this section if an em-
ployer subject to section 2 has paid or reinstated the work-
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er as a result of an administrative action under section 
3. 
(b) RELIEF.—In this section, the term ‘‘appropriate 
relief’’ means— 
(1) injunction of a violation of section 2; 
(2) actual damages or, if the court finds that 
the employer willfully violated section 2, three times 
actual damages; 
(3) reasonable attorney fees and the costs of 
the action; and 
(4) any other relief the court deems appropriate 
in the circumstances of the case. 
SEC. 6. RULEMAKING. 
The Secretary shall make rules to carry out this Act, 
which shall take effect not later than 120 days after the 
date of enactment of this Act. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) The term ‘‘employer’’ means a person who 
has economic power to set a worker’s terms and con-
ditions of employment, regardless of the formality of 
an employment relationship. 
(2) The term ‘‘fringe benefits’’ means— 
(A) medical or hospital care or contribu-
tions to a health insurance plan; 
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(B) contributions to a retirement plan; 
(C) life insurance; 
(D) disability insurance; and 
(E) vacation and holiday pay. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Labor. 
Æ 
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