[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1231 Reported in House (RH)]

                                                 Union Calendar No. 473

103d CONGRESS

  2d Session

                               H. R. 1231

                          [Report No. 103-856]

_______________________________________________________________________

                                 A BILL

 To amend the Act of March 3, 1931 (known as the Davis-Bacon Act), to 
    revise the standard for coverage under that Act, and for other 
                               purposes.

_______________________________________________________________________

                            October 7, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 473
103d CONGRESS
  2d Session
                                H. R. 1231

                          [Report No. 103-856]

 To amend the Act of March 3, 1931 (known as the Davis-Bacon Act), to 
    revise the standard for coverage under that Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1993

   Mr. Murphy (for himself and Mr. Ford of Michigan) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

                            October 7, 1994

 Additional sponsors: Mr. Sanders, Mr. Olver, Mr. Visclosky, Mr. Brown 
of California, Mr. Rahall, Mr. Mineta, Mr. Fish, Mr. Evans, Mr. Owens, 
 Ms. Velazquez, Mr. Filner, Mr. Berman, Mr. Blackwell, Mr. Edwards of 
      California, Mr. Foglietta, Mr. Frank of Massachusetts, Mr. 
  Hochbrueckner, Mr. Lantos, Mr. Lipinski, Mr. Pastor, Mr. Sharp, Mr. 
Torres, Mrs. Schroeder, Mr. Vento, Mr. Fingerhut, Mr. Wynn, Mr. Shays, 
  Mr. Roemer, Mr. Andrews of New Jersey, Mr. Barca of Wisconsin, Mr. 
 Hoagland, Mr. Nadler, Mr. Holden, Mr. Andrews of Maine, Mr. Moakley, 
  Mr. Gejdenson, Mr. Ridge, Mr. Klink, Mr. Stupak, Mr. Kreidler, Mr. 
Durbin, Mr. Ackerman, Mr. Gordon, Mr. Young of Alaska, Mr. Bonior, Mr. 
  Kopetski, Mr. Oberstar, Mr. Neal of Massachusetts, Mr. Kildee, Mr. 
  Hamburg, Mr. Stokes, Mrs. Kennelly, Mr. Matsui, Mr. Markey, and Mr. 
                              Coppersmith

                            October 7, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                4, 1993]

_______________________________________________________________________

                                 A BILL


 
 To amend the Act of March 3, 1931 (known as the Davis-Bacon Act), to 
    revise the standard for coverage under that Act, 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. DAVIS-BACON ACT REVISION.

    The Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 
276a et seq.) is amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Davis-Bacon Act'.

``SEC. 2. CONTRACT REQUIREMENTS.

    ``(a) Required Provisions.--
            ``(1) In general.--A contract described in subsection (b) 
        shall--
                    ``(A) contain a provision stating that the various 
                classes of laborers and mechanics under the contract 
                shall be paid minimum wages based upon wages determined 
                by the Secretary under subsection (b) to be prevailing 
                for the corresponding classes of laborers and mechanics 
                employed on projects of a character similar to the 
                contract work in the city, town, or other civil 
                subdivision of the State in which the work is to be 
                performed or in the District of Columbia if the work is 
                to be performed there; and
                    ``(B) contain a stipulation that the contractor or 
                subcontractor under the contract shall pay all laborers 
                and mechanics under the contract--
                            ``(i) unconditionally;
                            ``(ii) not less often than once a week; and
                            ``(iii) without subsequent deduction or 
                        rebate on any account;
                the full amounts accrued at time of payment 
                irrespective of any contractual relationship which may 
                be alleged to exist between the contractor or 
                subcontractor and such laborers or mechanics.
            ``(2) Laborer or mechanic.--An individual shall for 
        purposes of this subsection be considered a laborer or mechanic 
        under a contract subject to this subsection if the person who 
        entered into the contract paid, directly or through a 
        subcontract, compensation to the individual for services 
        performed as a laborer or mechanic to carry out the contract.
    ``(b) Contracts Covered.--
            ``(1) In general.--Unless exempted or otherwise limited by 
        Federal law, the requirements of subsection (a) apply to--
                    ``(A) any contract for the construction, 
                prosecution, completion, alteration, repair, 
                renovation, or reconstruction of buildings or works--
                            ``(i) to which the United States or the 
                        District of Columbia is a party,
                            ``(ii) which is financed in whole or in 
                        part by loans, grants, revolving funds or loan 
                        guarantees from the United States, or
                            ``(iii) which is to be performed on land 
                        owned by the United States, and
                    ``(B) which is in excess of--
                            ``(i) $100,000 for new construction 
                        (including painting and decorating), or
                            ``(ii) $15,000 for alteration, repair, 
                        renovation, rehabilitation, or reconstruction 
                        (including painting and decorating),
                of buildings or works.
            ``(2) Preemption.--Neither the requirements of subsection 
        (a) or the provisions of any other Federal law or regulation 
        shall preempt the application of requirements for the payment 
        of wages or fringe benefits, or both, adopted by State, local, 
        and tribal governments otherwise applicable to contracts 
        covered under paragraph (1)(A)(ii) or (1)(A)(iii), unless 
        compliance with such requirements would make it impossible to 
        comply with the requirements of subsection (a).
            ``(3) Multiple contracts.--
                    ``(A) In general.--Any 2 or more contracts for any 
                construction project (including any alteration, repair, 
                renovation, rehabilitation, reconstruction, painting or 
                decorating project) that--
                            ``(i) individually do not exceed the 
                        applicable amount prescribed by paragraph 
                        (1)(B);
                            ``(ii) in the aggregate do exceed such 
                        amount; and
                            ``(iii) all relate to the same work or 
                        related work at the same project;
                shall be treated as a single contract for purposes of 
                subsection (a).
                    ``(B) Enforcement.--For the purpose of enforcing 
                the requirements of subsection (a) for contracts which 
                under subparagraph (A) are to be treated as a single 
                contract, any interested person may bring an action 
                against the Secretary of the department, the head of 
                the agency, or contracting authority which entered into 
                such contracts. Such an action may be brought in any 
                United States district court for the district in which 
                the violation of subsection (a) is alleged to have been 
                committed or in the United States District Court for 
                the District of Columbia. Such an action shall be 
                commenced not later than 90 days after the day on which 
                the last labor was performed under the contract with 
                respect to which the action is brought.
                    ``(C) Relief.--If in an action brought under 
                subparagraph (B) the court finds that there has been a 
                violation of subsection (a), the court may order such 
                relief as may be appropriate, including--
                            ``(i) compliance with subsection (a) in the 
                        payment of wages under the contracts subject to 
                        subsection (a); and
                            ``(ii) the payment by the Secretary of the 
                        department, the head of the agency, or 
                        contracting authority which entered into such 
                        contracts of prevailing wage rates in 
                        accordance with that subsection from the date 
                        construction began under the contracts involved 
                        in such action until the date of the judgment 
                        of the court, together with interest, at a rate 
                        determined by the court, based on the 
                        difference between the wages paid under such 
                        contracts and the wages required to be paid 
                        under such contracts by subsection (a).
                    ``(D) Attorney's fees.--If an interested person 
                prevails in an action brought under subparagraph (B), 
                the court in such action shall assess the defendants in 
                the action a reasonable attorney's fee and other 
                litigation costs reasonably incurred by the interested 
                person.
            ``(4) Leases.--If the United States or the District of 
        Columbia has entered into a contract to lease a building or 
        work or portion thereof and if performance of a contract for 
        the construction, alteration, repair, renovation, 
        rehabilitation, or reconstruction of the building or work or 
        portion thereof subject to the lease is required for 
        fulfillment of the contract to lease, the contract for the 
        construction, alteration, repair, renovation, rehabilitation, 
        or reconstruction of the facility shall be subject to 
        subsection (a) if the contract meets the requirements of 
        paragraph (1)(B).
    ``(c) Apprentices, Trainees, and Helpers.--
            ``(1) Apprentices.--An apprentice who is employed under a 
        contract subject to subsection (a) may be paid less than the 
        rate required by such subsection if the apprentice is--
                    ``(A) employed pursuant to and individually 
                registered in a bona fide apprenticeship program 
                registered with the Bureau of Apprenticeship and 
                Training of the Department of Labor or with a State 
                Apprenticeship Agency recognized by the Bureau; or
                    ``(B) employed in the apprentice's first 90 days of 
                probationary employment as an apprentice in such an 
                apprenticeship program and is not individually 
                registered in the program but has been certified by the 
                Bureau of Apprenticeship and Training or a State 
                Apprenticeship Agency (where appropriate) to be 
                eligible for probationary employment as an apprentice.
            ``(2) Trainees.--A trainee who is employed under a contract 
        subject to subsection (a) may be paid less than the rate 
        required by such subsection if the trainee is employed pursuant 
        to and individually registered in a program which has received 
        prior approval which is evidenced by formal certification by 
        the Bureau of Apprenticeship and Training of the Department of 
        Labor.
            ``(3) Wage rates.--Notwithstanding any other provision of 
        law, no apprentice or trainee will be permitted to work under a 
        contract subject to subsection (a) at less than the prevailing 
        wage rate unless such apprentice or trainee is registered in a 
        program described in paragraph (1) or (2).
            ``(4) Helpers.--A helper who is employed under a contract 
        subject to subsection (a) may be paid less than the rate 
        required by such subsection if--
                    ``(A) the helper is employed in a classification of 
                helpers the use of which prevails in the area in which 
                the helper is employed;
                    ``(B) the scope of the duties of the helper is 
                defined and is separate and distinct from the duties of 
                either a laborer or a mechanic; and
                    ``(C) the helper is not used as an informal 
                apprentice or trainee.
    ``(d) Posting.--A contractor or subcontractor under a contract 
described in subsection (b) shall post the scale of wages required to 
be paid under such contract in a prominent and easily accessible place 
at the site of the contract work.

``SEC. 3. WAGES.

    ``(a) Definition.--As used in this Act, the terms `wages', `scale 
of wages', `wage rates', and `minimum wages' include--
            ``(1) the basic hourly rate of pay, and
            ``(2) the amount of--
                    ``(A) the rate of contribution irrevocably made by 
                a contractor or subcontractor to a trustee or to a 
                third person pursuant to a fund, plan, or program; and
                    ``(B) the rate of costs to the contractor or 
                subcontractor which may be reasonably anticipated in 
                providing benefits to laborers and mechanics pursuant 
                to an enforceable commitment to carry out a financially 
                responsible plan or program which was communicated in 
                writing to the laborers and mechanics affected,
        for medical or hospital care, pensions on retirement or death, 
        compensation for injuries or illness resulting from 
        occupational activity, or insurance to provide any of the 
        foregoing, for unemployment benefits, life insurance, 
        disability and sickness insurance, or accidental insurance, for 
        vacation and holiday pay, for defraying costs of 
        apprenticeship, joint labor-management committees or similar 
        programs, or for other bona fide fringe benefits, but only if 
        the contractor or subcontractor is not required by other 
        Federal, State, or local law to provide any of such benefits.
    ``(b) Prevailing Wage.--
            ``(1) Definition.--For purposes of paragraph (2), the term 
        `prevailing wage' when used to describe the wages required to 
        be paid a laborer or mechanic under a contract subject to 
        section 2(a) means the wages determined by the Secretary to be 
        prevailing for the corresponding classes of laborers and 
        mechanics employed on projects of a character similar to the 
        contract work in the city, town, or other civil subdivision of 
        the State in which the work is to be performed or in the 
        District of Columbia if the work is to be performed there. In 
        making such a determination for projects of a particular 
        character in an area, the Secretary shall consider the wages 
        paid for all projects regardless of the source of funding of 
        the same character in the area under contracts which have been 
        entered into for amounts not less than the amounts prescribed 
        by clause (i) or (ii) of section 2(b)(1)(B).
            ``(2) Wage determinations.--For purposes of a contract 
        subject to section 2(a), the Secretary shall issue wage 
        determinations based upon the most recent data that is 
        submitted to the Secretary. No wage determination that is based 
        on data that is older than 3 years shall be considered 
        `prevailing' within the meaning of this Act. In the event that 
        the Secretary has no such data, the prevailing wage for 
        purposes of such contract shall be the highest prevailing wage 
        determined by the Secretary to be prevailing in an area in the 
        State which is comparable to the area in which the contract is 
        to be performed.
    ``(c) Wage Payments.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        obligation of a contractor or subcontractor to make wage 
        payments in accordance with the prevailing wage determinations 
        of the Secretary, insofar as this Act and other Acts 
        incorporating this Act by reference are concerned, may be 
        discharged by--
                    ``(A) the making of payments in cash;
                    ``(B) the making of contributions of a type 
                referred to in subsection (a)(2);
                    ``(C) the assumption of an enforceable commitment 
                to bear the costs of a plan or program of a type 
                referred to in subsection (a)(2); or
                    ``(D) any combination thereof.
            ``(2) Contributions and costs.--Unless otherwise provided 
        in a bona fide collective bargaining agreement, in discharging 
        the obligation to make wage payments to laborers and mechanics 
        in accordance with the prevailing wage determinations of the 
        Secretary, a contractor or subcontractor may only include 
        contributions described in subsection (a)(2)(A) and costs 
        described in subsection (a)(2)(B) which do not exceed the 
        aggregate of contributions and costs determined by the 
        Secretary to be prevailing under subsection (b). Credit for 
        contributions made to a fringe benefit plan will be allowed 
        only to the extent that they are based on the effective annual 
        rate of contributions for all hours worked during the calendar 
        year by the laborers and mechanics covered by the plan.
    ``(d) Overtime.--In determining the overtime pay to which a laborer 
or mechanic is entitled under any Federal law, the regular or basic 
hourly rate of pay (or other alternative rate upon which premium rate 
of overtime compensation is computed) of the laborer or mechanic shall 
be deemed to be the basic hourly rate of pay, except that where the 
amount of payments, contributions, or costs incurred with respect to 
the laborer or mechanic exceeds the prevailing wage applicable under 
subsection (b), the basic hourly rate of pay shall be arrived at by 
deducting from the amount of payments, contributions, or costs actually 
incurred with respect to the laborer or mechanic, the amount of 
contributions or costs of the type described in subsection (a)(2) 
actually incurred with respect to the laborer or mechanic or the amount 
determined under subsection (a)(2) but not actually paid, whichever 
amount is the greater.

``SEC. 4. ENFORCEMENT.

    ``(a) Action by the Secretary.--The Secretary, on the initiative of 
the Secretary or at the request of a laborer, mechanic, or interested 
person, shall investigate compliance by a contractor with the 
requirements of section 2 and may take such action under section 7(1) 
to secure compliance with such requirements as may be appropriate.
    ``(b) Coverage Review.--
            ``(1) Petition for review of coverage.--If the Secretary of 
        a department, head of an agency, or contracting authority 
        determines that a contract entered into by the Secretary, 
        agency head, or contracting authority which involves 
        construction (including alteration, repair, renovation, 
        rehabilitation, reconstruction, painting, or decorating) of a 
        building or works is not subject to section 2(a), any 
        interested person may petition the Administrator to review such 
        determination. The Administrator shall complete the review 
        requested and issue a decision within 60 days of the date the 
        petition is received. Such decision shall be reviewable by the 
        Secretary of Labor who shall make a determination within 90 
        days. Such determination shall be binding upon the Secretary of 
        a department, agency head or contracting authority.
            ``(2) Judicial review.--
                    ``(A) In general.--Any interested person adversely 
                affected or aggrieved by--
                            ``(i) the determination by the Secretary of 
                        Labor made on a petition filed under paragraph 
                        (1), or
                            ``(ii) failure of the Secretary to take 
                        action concerning a petition filed under 
                        paragraph (1),
                may obtain review of such determination in any United 
                States court of appeals for the circuit in which such 
                person is located or in the United States Court of 
                Appeals for the District of Columbia Circuit by filing 
                in such court, within 60 days following issuance of 
                such determination, a written petition praying that 
                such determination be modified or set aside. A copy of 
                such petition shall be forthwith transmitted by the 
                clerk of the court in which it is filed to the 
                Secretary and to other interested persons.
                    ``(B) Filing of record.--Upon transmittal of the 
                petition, the Secretary shall file in the court the 
                record of the proceeding upon which the decision to be 
                reviewed was made and the questions determined in the 
                proceeding as provided in section 2112 of title 28, 
                United States Code. Upon such filing, the court--
                            ``(i) shall have exclusive jurisdiction of 
                        the proceeding and of the questions determined 
                        in the proceeding; and
                            ``(ii) shall have the power--
                                    ``(I) to grant such temporary 
                                relief or restraining order as it deems 
                                just and proper;
                                    ``(II) to decide all relevant 
                                questions of law, interpret 
                                constitutional and statutory 
                                provisions, and determine the meaning 
                                or applicability of the terms of the 
                                determination subject to review and in 
                                so doing, the court shall apply the 
                                standards of review set forth in 
                                section 706 of title 5, United States 
                                Code;
                                     ``(III) to make and enter upon the 
                                pleadings, testimony, and proceedings 
                                set forth in the record a decree 
                                affirming, modifying, or setting aside, 
                                in whole or in part, the determination 
                                subject to review; and
                                    ``(IV) to enforce such 
                                determination to the extent that it is 
                                affirmed or modified.
                The decision of the court shall be final except that it 
                shall be subject to review by the Supreme Court of the 
                United States as provided in section 1254 of title 28, 
                United States Code.
    ``(c) Administrative Complaint Procedure.--
            ``(1) In general.--Any laborer or mechanic under--
                    ``(A) a contract with the United States or the 
                District of Columbia, or
                    ``(B) any other contract described in section 
                2(b)(1),
        or any interested person may file an administrative complaint 
        with the Administrator to review the wage payments to the 
        laborer or mechanic under such contract to determine if the 
        wage payments have been made in accordance with section 2(a).
            ``(2) Administrator.--
                    ``(A) Determination.--The Administrator shall 
                determine if wage payments have been made in accordance 
                with section 2(a) within 120 days of the receipt of the 
                administrative complaint.
                    ``(B) Hearing.--Either the complainant or the 
                employer involved in the administrative complaint may, 
                within 15 days of the date of issuance of the 
                determination of the Administrator, request a hearing 
                on the determination by an administrative law judge. 
                The determination of the Administrator shall be deemed 
                to be a final agency action if no request for a hearing 
                is made within such 15 days.
                    ``(C) Request for reference.--If the Administrator 
                does not make a determination on an administrative 
                complaint within 120 days of its receipt, the 
                complainant may request that the administrative 
                complaint be referred to the Chief Administrative Law 
                Judge of the Department of Labor for assignment to an 
                Administrative Law Judge of the Department of Labor to 
                make the determination requested by the administrative 
                complaint.
            ``(3) Administrative law judge.--
                    ``(A) In general.--The administrative law judge--
                            ``(i) to whom a determination of the 
                        Administrator has been referred under a request 
                        for a hearing under paragraph (2)(B); or
                            ``(ii) to whom an administrative complaint 
                        has been referred under a request for a hearing 
                        pursuant to paragraph (2)(C);
                shall within 90 days of a request conduct a hearing on 
                the record in accordance with section 554 of title 5, 
                United States Code, with respect to such administrative 
                complaint or determination.
                    ``(B) Hearings.--In any proceeding before an 
                administrative law judge, the employer under the 
                contract reviewed shall have the burden of 
                demonstrating that the wage payments under the contract 
                were made in accordance with such section. The 
                administrative law judge shall have the power to issue 
                orders requiring the attendance and testimony of 
                witnesses and the production of evidence under oath. 
                Witnesses shall be paid the same fees and mileage that 
                are paid witnesses in the courts of the United States. 
                In the case of contumacy, failure, or refusal of any 
                person to obey such order, any District Court of the 
                United States or of any Territory or possession, within 
                the jurisdiction of which the inquiry is carried on, or 
                within the jurisdiction of which said person who is 
                guilty of contumacy, failure, or refusal is found, or 
                resides or transacts business, upon the application by 
                the Administrator or the complainant, shall have 
                jurisdiction to issue to such person an order requiring 
                such person to appear before him or representative 
                designated by him, to produce evidence if, as, and when 
                so ordered, and to give testimony relating to the 
                matter under investigation or in question; and any 
                failure to obey such order of the court may be punished 
                by said court as a contempt thereof. The administrative 
                law judge shall issue a decision as to whether wage 
                payments have been made in accordance with section 2(a) 
                within 30 days after he receives the transcript of the 
                hearing proceedings.
                    ``(C) Review by secretary.--Within 30 days of the 
                date of issuance of the decision by an administrative 
                law judge, the complainant or the employer involved in 
                the petition may request the Secretary to review the 
                decision of the administrative law judge. The decision 
                of the administrative law judge shall be deemed to be a 
                final agency action if no request for review is made 
                within such 30-day period or, within 30 days of the 
                date the decision is made, the Secretary does not grant 
                a request to review the decision of the administrative 
                law judge.
                    ``(D) Granting of request to review.--The Secretary 
                may grant a request to review a decision of an 
                administrative law judge only if the Secretary 
                determines that the request presents a substantial 
                question of law or fact. If the Secretary grants a 
                request for a review, the Secretary, within 90 days 
                after receiving the request, shall review the record 
                and either adopt the decision of the administrative law 
                judge or issue exceptions. The decision of the 
                administrative law judge, together with any exceptions, 
                shall be deemed to be a final agency action.
            ``(4) Withholding of sums.--Upon determination by the 
        Administrator pursuant to paragraph (2), or the administrative 
        law judge pursuant to paragraph (3), based on a finding that 
        petitioner is likely to succeed on the merits of his or her 
        claim, the Secretary of Labor shall direct the Secretary of the 
        department or the head of the agency, or contracting authority 
        which entered into the contract subject to the requirements of 
        section 2 to withhold from any moneys payable on account of 
        work performed by the contractor or subcontractor under such 
        contract, any other contract described in section 2(b)(1), or 
        any other federally-funded or assisted contract the contractor 
        or subcontractor may have with the same contractor, such sums 
        as may be determined to be necessary to satisfy any liabilities 
        of such contractor or subcontractor for unpaid wages and 
        liquidated damages as provided in paragraph (5)(A).
            ``(5) Decision.--The decision of the Administrator, an 
        administrative law judge, or the Secretary on a petition under 
        this subsection for the review of the wage payments under a 
        contract may include--
                    ``(A) the awarding of damages to the petitioner in 
                the amount of twice the amount of wages not paid in 
                accordance with section 2(a) if it is found on review 
                of the petition that the petitioner was willfully not 
                paid wages in accordance with such section; and
                    ``(B) in addition to any award to the petitioner, a 
                reasonable attorney's fee to be paid by the employer 
                and the cost of the action.
            ``(6) Payments.--The Secretary shall pay directly to 
        laborers and mechanics from any accrued payments withheld under 
        the terms of the contract any wages found by the Secretary of 
        Labor under this subsection to be due laborers and mechanics 
        under section 2(a). The Secretary shall distribute a list to 
        all departments of the Federal Government giving the names of 
        the person or corporation, or both, partnership or association 
        the Secretary of Labor has found under this subsection to have 
        disregarded their obligations to employees and subcontractors. 
        No contract shall be awarded to the persons, corporations, or 
        partnerships or associations appearing on this list or to any 
        corporation, partnership, or association in which such persons 
        have an interest until 3 years (or 5 years in the case of a 
        second debarment) have elapsed from the date of publication of 
        the list containing the names of such persons or corporation, 
        partnership, or associations.
            ``(7) Right of action.--If the accrued payments withheld 
        under the terms of a contract subject to section 2(a) are 
        insufficient to reimburse all the laborers and mechanics with 
        respect to whom there has been a failure to pay the wages 
        required by such section, the Secretary shall bring an action 
        against the contractor and the contractor's sureties for the 
        payment of the wages required by such section, and in such an 
        action it shall be no defense that such laborers and mechanics 
        accepted or agreed to accept less than the required rate of 
        wages or voluntarily made refunds.
            ``(8) Time.--An action seeking judicial review of a final 
        agency action under this subsection shall be brought within 30 
        days of the date of such action.
    ``(d) Civil Actions.--
            ``(1) In general.--Any employer who violates section 2(a) 
        shall be liable to each laborer or mechanic affected in the 
        amount of the laborer or mechanic's unpaid wages and, if the 
        violation was willful, in an additional equal amount as 
        liquidated damages.
            ``(2) Actions.--An action to recover the liability 
        prescribed by paragraph (1) may be maintained against any 
        employer in any Federal or State court of competent 
        jurisdiction by any interested party or by any one or more 
        laborers or mechanics for and in behalf of the laborer or 
        mechanic or laborers or mechanics and other laborers or 
        mechanics similarly situated. No laborer or mechanic may be a 
        party plaintiff to any such action unless the laborer or 
        mechanic gives the laborer or mechanic's consent in writing to 
        become such a party and such consent is filed in the court in 
        which such action is brought. No civil action may be brought or 
        maintained under this paragraph by a laborer or mechanic with 
        respect to the laborer or mechanic's wages if a petition is or 
        has been filed by that laborer or mechanic under subsection (c) 
        with respect to the laborer or mechanic's wages.
            ``(3) Attorney's fee.--The court in an action brought under 
        paragraph (2) shall, in addition to any judgment awarded to the 
        plaintiff or plaintiffs, allow a reasonable attorney's fee to 
        be paid by the defendant and the cost of the action.

``SEC. 5. TERMINATIONS.

    ``Every contract subject to section 2(a), shall contain a provision 
that in the event it is found by the contracting officer or the 
Administrator that any laborer or mechanic covered by the contract has 
been or is being paid a rate of wages less than the rate of wages 
required by section 2(a) to be paid under the contract or subcontract, 
the Government may, by written notice to the contractor, terminate the 
right of such contractor to proceed with the work or such part of the 
work as to which there has been a failure to pay the required wages and 
to prosecute the work to completion by contract or otherwise. The 
contractor and its sureties shall be liable to the Government for any 
excess costs incurred by the Government because of the termination of 
the contract.

``SEC. 6. CONSTRUCTION.

    ``This Act shall not be construed to supersede or impair any 
authority otherwise granted by Federal law to provide for the 
establishment of specific wage rates.

``SEC. 7. ADMINISTRATION OF ACT.

    ``The Secretary of Labor shall--
            ``(1) take such action as may be appropriate to ensure 
        compliance with the requirements of this Act and to enforce its 
        requirements; and
            ``(2) promulgate appropriate standards and procedures to be 
        observed by contracting officers with respect to contracts to 
        which this Act applies.
An action by the Secretary under section 4 or this section or by a 
court under section 4 to enforce the requirements of this Act with 
respect to a contract shall require the application of this Act to the 
contract from the date of the contract or the beginning of the work.

``SEC. 8. DEFINITIONS.

    ``As used in this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Wage and Hour Division of the Department 
        of Labor.
            ``(2) Construction, etc.--The terms `construction', 
        `prosecution', `completion', `repair', `alteration', 
        `renovation', and `reconstruction' mean all types of work 
        performed by laborers and mechanics which relates to a 
        particular building or work financed in whole or in part by 
        loans, grants, revolving funds or loan guarantees from the 
        United States, or located on land owned by the United States 
        unless exempted or otherwise limited by Federal law, including 
        without limitation, altering, remodeling, painting and 
        decorating, the transporting of materials and supplies to or 
        from the building or work by the employees of the construction 
        contractor or its subcontractors, including independent hauling 
        contractors, and the manufacturing or furnishing of materials, 
        articles, supplies or equipment for the project from facilities 
        dedicated exclusively, or nearly so, to the prosecution of the 
        building or work financed in whole or in part by loans, grants, 
        revolving funds or loan guarantees from the United States, or 
        located on land owned by the United States unless exempted or 
        otherwise limited by Federal law.
            ``(3) Interested person.--The term `interested person' 
        means any contractor likely to seek or to work under a contract 
        to which section 2(a) applies, any association representing 
        such a contractor, any laborer or mechanic likely to be 
        employed or to seek employment under such a contract, or any 
        labor organization which represents such a laborer or mechanic.
            ``(4) Project.--The term `project' means all construction 
        necessary to complete a new facility, building or work, or to 
        complete an alteration, repair, renovation, rehabilitation, or 
        reconstruction (including painting and decorating) of a 
        facility, building or work, regardless of the number of 
        contracts involved so long as all contracts are related in 
        purpose and time.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Labor.''.

SEC. 2. PAYROLL INFORMATION.

    (a) Amendments to Copeland Act.--Section 2 of the Act of June 13, 
1934 (40 U.S.C. 276c) is amended--
            (1) in the first sentence, by striking out everything after 
        ``shall'' the second time it appears and inserting in lieu 
        thereof the following: ``maintain payroll and other basic 
        records relating to the payroll for the work on such buildings 
        or public works, preserve such records for a period of 3 years 
        after the completion of such work, and furnish with respect to 
        employees employed in such work and not later than the 10th day 
        of each month a statement which sets forth the following 
        information for each employee for each payroll period ending 
        during the preceding calendar month: The name, address, social 
        security number, employment classification, number of hours 
        worked daily and during the payroll period, hourly rates of 
        wages paid (including rates of contributions or costs 
        anticipated for bona fide fringe benefits), all deductions 
        made, and actual wages paid.''; and
             (2) by adding after the first sentence the following: ``If 
        a contractor or subcontractor fails timely to submit the 
        certified payroll reports as required herein, the Secretary of 
        the department or the head of the agency which entered into or 
        authorized the funding of the contract subject to the 
        requirements of this section shall suspend all payments to the 
        contractor or subcontractor. Any interested person may obtain a 
        copy of any statement provided under this section from any 
        department, agency or contracting authority which is required 
        by law, regulation, or the terms of a contract or grant, to 
        maintain a record of such statement notwithstanding section 
        552(b) of title 5, United States Code.''.
     (b) Electronic Reporting.--The Secretary of Labor shall undertake 
a study to determine the feasibility of employers using electronic 
methods to comply with the reporting requirements under section 2 of 
the Act of June 13, 1934. The Secretary shall report to the Congress 
not later than one year after the date of the enactment of this Act on 
actions taken by the Secretary and employers to facilitate electronic 
reporting of payroll information.
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