[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1183 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1183

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 11 (legislative day, July 10), 1995

Mr. Hatfield (for himself, Mr. Packwood, Mr. D'Amato, Mr. Campbell, Mr. 
Specter, Mr. Santorum, and Mr. Stevens) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Act of March 3, 1931 (known as the Davis-Bacon Act), to 
    revise the standards for coverage under the 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. SHORT TITLE.

    This Act may be cited as the ``Davis-Bacon Act Reform Amendments of 
1995''.

SEC. 2. AMENDMENTS TO THE DAVIS-BACON ACT.

    (a)  Contract Requirements.--Section 1 of the Act of March 3, 1931 
(commonly referred to as the ``Davis-Bacon Act'') (40 U.S.C. 276a et 
seq.) is amended to read as follows:

``SECTION 1. CONTRACT REQUIREMENTS.

    ``(a) Required Provisions.--
            ``(1) In general.--A contract described in subsection (b) 
        that requires or involves the employment of mechanics or 
        laborers shall contain a provision--
                    ``(A) stating the minimum wages to be paid various 
                classes of laborers and mechanics that shall be based 
                upon the wages that will be determined by the Secretary 
                of Labor to be prevailing for the corresponding classes 
                of laborers and mechanics employed on projects of a 
                character similar to the contract work in the locality 
                where the work is to be performed;
                    ``(B) which stipulates 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;
                    ``(C) which stipulates that the requirements of 
                subparagraph (A) shall apply to--
                            ``(i) laborers and mechanics employed by 
                        the contractor or subcontractor to work 
                        directly upon the site of the work, including 
                        work at fabrication plants, batch plants, tool 
                        yards, rock pits, or similar facilities (other 
                        than facilities established by a contractor or 
                        subcontractor whose location and continuance in 
                        operation are determined wholly without regard 
                        to any particular contract work) that are not 
                        located on the project site, but the principal 
                        purpose of such work is to provide construction 
                        materials for the project; and
                            ``(ii) laborers and mechanics employed by a 
                        contractor or subcontractor (otherwise covered 
                        by this Act) to transport debris, materials, 
                        supplies, and equipment to or from the site of 
                        the work (as described herein); and
                    ``(D) which stipulates that, after written notice 
                to the contractor, there may be withheld from the 
                contractor under the contract or any contract between 
                the same contractor and the United States or the 
                District of Columbia or under any federally assisted 
                contract subject to the prevailing wage requirements of 
                this Act so much of accrued payments as may be 
                considered necessary by the contracting officer or by 
                the Secretary of Labor to pay to laborers and mechanics 
                employed by such contractor or any subcontractor on the 
                work the difference between the rates of wages required 
                by such contract to be paid laborers and mechanics on 
                the work and the rates of wages received by such 
                laborers and mechanics and not refunded to such 
                contractor, subcontractor, or the agents of such 
                contractor or subcontractor.
        Funds described in subparagraph (D) shall be placed in an 
        interest bearing account until the disposition of the funds is 
        administratively or judicially resolved.
            ``(2) 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.
    ``(b) Covered Contracts.--
            ``(1) In general.--The requirements of this section shall 
        apply to--
                    ``(A) any contract in excess of $100,000 to which 
                the United States or the District of Columbia is a 
                party for the performance of new construction, 
                including painting and decorating, of public buildings 
                or public works of the United States or the District of 
                Columbia within the geographic limits of the States or 
                the District of Columbia; and
                    ``(B) any contract in excess of $25,000 to which 
                the United States or the District of Columbia is a 
                party for the performance of repair, rehabilitation, 
                reconstruction, or alteration, including painting and 
                decorating, of public buildings or public works of the 
                United States or the District of Columbia within the 
                geographical limits of the States or the District of 
                Columbia.
            ``(2) Leases of real property.--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, 
        rehabilitation, renovation, 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, rehabilitation, renovation, 
        or reconstruction of the facility shall be subject to 
        subsection (a) if the contract meets the requirements of 
        paragraph (1).
            ``(3) Federally assisted.--The requirements of this Act 
        (including the requirements of paragraph (1)) shall apply to 
        any project for the construction, rehabilitation, 
        reconstruction, alteration or repair, including painting and 
        decorating, of buildings or works that are financed in whole or 
        in part by loans, grants, revolving funds, or other assistance 
        from the United States pursuant to a statute that--
                    ``(A) is enacted after the effective date of this 
                Act unless exempt or otherwise limited by Federal law; 
                or
                    ``(B) contains a provision requiring the payment of 
                prevailing wages as determined by the Secretary of 
                Labor pursuant to this Act.
            ``(4) Adjustments for changes in dollar values.--Beginning 
        with the fiscal year 1995 and every 5 years thereafter, the 
        amounts of the thresholds set forth in paragraph (1) shall be 
        adjusted by the Secretary of Labor to the amount that is equal 
        to the fiscal year 1995 constant dollar value of such amount. 
        Any amount, as so adjusted, shall be rounded to the nearest 
        $1,000. The adjusted threshold shall be effective upon 
        publication in the Federal Register to contracts for which bids 
        are solicited or negotiations concluded after such publication.
            ``(5) Prohibition on splitting contracts; wages based on 
        contract option.--
                    ``(A) Splitting contracts.--No project that would, 
                if procured under a single contract, be subject to the 
                requirements of this Act may be divided into multiple 
                contracts of lesser value to avoid the application of 
                this Act.
                    ``(B) Wages based on contract option.--A contract--
                            ``(i) under which work is performed over a 
                        period of time beyond that period set forth in 
                        the original contract because of the exercise 
                        of an option provision contained in such 
                        contract (as opposed to cases in which a 
                        contractor is given an extension of time in 
                        which to complete its original contractual 
                        commitment); and
                            ``(ii) that exceeds the applicable 
                        threshold set forth in paragraph (1),
                shall include the wages determined by the Secretary of 
                Labor at the commencement of such work to be prevailing 
                for the corresponding classes of laborers and mechanics 
                employed on projects of a character similar to such 
                work in the locality where such work is to be 
                performed, or in the District of Columbia if such work 
                is to be performed there.
            ``(6) Preemption.--Neither the requirements of subsection 
        (a) nor the provisions of any other Federal law or regulation 
        related to prevailing wages shall, solely by reason of such 
        prevailing wage provisions preempt the application of 
        requirements for the payment of wages or fringe benefits or 
        both adopted by State, local, or tribal governments otherwise 
        applicable to contracts for the construction, rehabilitation or 
        reconstruction, repair or alteration, including painting and 
        decorating, of buildings and works financed in whole or in part 
        by loans, grants, revolving funds, or other assistance from the 
        United States, unless compliance with such requirement would 
        make it impossible to comply with the requirements of 
        subsection (a).
    ``(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 described in subparagraph (A) 
                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 that has received 
        prior approval which is evidenced by formal certification by 
        the Bureau of Apprenticeship and Training of the Department of 
        Labor.
            ``(3) 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.
            ``(4) 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).
    ``(d) Wages.--
            ``(1) Definition.--As used in this Act the terms `wages', 
        `scale of wages', `wage rates', `minimum wages', and 
        `prevailing wages' shall include--
                    ``(A) the basic hourly rate of pay; and
                    ``(B) the amount of--
                            ``(i) 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
                            ``(ii) 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 that 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 
                accident insurance, for vacation and holiday pay, for 
                defraying costs of apprenticeship or other similar 
                programs, or for other bona fide fringe benefits, but 
                only where the contractor or subcontractor is not 
                required by other Federal, State, or local law to 
                provide any of such benefits,
        except that the obligation of a contractor or subcontractor to 
        make payment in accordance with the prevailing wage 
        determinations of the Secretary of Labor, insofar as this Act 
        and other Acts incorporating this Act by reference are 
        concerned may be discharged by the making of payments in cash, 
        by the making of contributions of a type referred to in 
        subparagraph (B)(i), or by the assumption of an enforceable 
        commitment to bear the costs of a plan or program of a type 
        referred to in subparagraph (B)(ii), or any combination 
        thereof, where the aggregate of any such payments, 
        contributions, and costs is not less than the rate of pay 
        described in subparagraph (A) plus the amount referred to in 
        subparagraph (B).
            ``(2) Overtime.--In determining the overtime pay to which 
        the laborer or mechanic is entitled under any Federal law, the 
        regular or basic hourly rate of pay of the laborer or mechanic 
        (or other alternative rate upon which premium rate of overtime 
        compensation is computed) shall be deemed to be the rate 
        computed under subparagraph (A) of paragraph (1), except that 
        where the amount of payments, contributions, or costs incurred 
        with respect to the laborer or mechanic exceeds the prevailing 
        wage applicable to the laborer or mechanic under this Act, such 
        regular or basic hourly rate of pay (or such other alternative 
        rate) 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 types described in subparagraph (B) of 
        paragraph (1) actually incurred with respect to the laborer or 
        mechanic, or the amount determined under paragraph (B) of 
        paragraph (1) but not actually paid, whichever amount is the 
        greater.
            ``(3) Wage payments in general.--Except as provided in 
        paragraph (4), 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 paragraph (1)(B)(i);
                    ``(C) the assumption of an enforceable commitment 
                to bear the costs of a plan or program of a type 
                referred to in paragraph (1)(B)(ii); or
                    ``(D) any combination thereof.
            ``(4) 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 of Labor, a contractor or subcontractor may only 
        include contributions described in paragraph (1)(B)(i) and 
        costs described in paragraph (1)(B)(ii) that do not exceed the 
        aggregate of contributions and costs determined by the 
        Secretary of Labor to be prevailing. Credit for contributions 
        made to a fringe benefit plan shall be allowed only to the 
        extent that such contributions are based on the effective 
        annual rate of contributions for all hours worked during the 
        calendar year by all the laborers and mechanics covered by the 
        plan.''.
    (b) Enforcement.--Section 3 of the Act of March 3, 1931 (commonly 
referred to as the ``Davis-Bacon Act'') (40 U.S.C. 276a-2) is amended 
to read as follows:

``SEC. 3. ENFORCEMENT.

    ``(a) Administrative Procedures.--
            ``(1) Payments.--The Secretary of Labor is authorized and 
        directed to pay directly to laborers and mechanics from any 
        accrued payments withheld under the contract described in 
        section 1(b)(1) or any contract between the same contractor and 
        the United States or the District of Columbia or under any 
        federally assisted contract subject to the prevailing wage 
        requirements of this Act any wages found
         to be due laborers and mechanics pursuant to this Act. Any sum 
not paid to a laborer or mechanic under this paragraph by the Secretary 
of Labor because of inability to do so within 3 years shall be 
deposited into the miscellaneous receipts of the United States 
Treasury. If the accrued payments withheld are insufficient to 
reimburse all the laborers and mechanics with respect to whom there has 
been a failure to pay the wages required by this Act, the Secretary of 
Labor or any laborer or mechanic or any organization authorized to 
represent such laborers or mechanics may, within 180 days of the 
conclusion of all administrative proceedings, bring an action against 
the contractor and the contractor's sureties or other responsible 
parties for the payment of wages found due by the Secretary of Labor. 
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. Any suit instituted under this 
paragraph shall be brought in the United States district court for the 
district in which the contract was performed, where the contractor or 
subcontractor is currently doing business, or where the contractor or 
subcontractor maintains its payroll records, irrespective of the amount 
in controversy in such suit. In such suits, the parties must conform to 
chapter 7 of title 5, United States Code.
            ``(2) Debarment.--The Secretary of Labor is authorized and 
        directed to provide the names of persons or firms whom the 
        Secretary has found to have disregarded their obligations to 
        employees and subcontractors or to a contractor, which has made 
        restitution for wage under payments by a subcontractor, to the 
        General Services Administration for inclusion in the 
        Governmentwide List of Parties Excluded From Federal 
        Procurement and Nonprocurement Programs. No contract shall be 
        awarded to the persons or firms appearing on such list or to 
        any firm, corporation, partnership, or association in which 
        such persons or firms have an interest until--
                    ``(A) 3 years have elapsed from the date the names 
                of such persons or firms are entered on the electronic 
                version of such list; or
                    ``(B) in the case of a subcontractor that has 
                failed to reimburse a contractor for payments made as 
                restitution for wages under payments by such 
                subcontractor, the contractor is fully reimbursed, 
                including accrued interest.
            ``(3) Authority.--The Secretary of Labor shall prescribe 
        standards, regulations, and procedures, in order to ensure 
        coordination of administration and consistency of enforcement 
        of this Act, that shall be observed by the Federal agencies 
        responsible for administration of contracts described in 
        subsection (b) of section 1. The Secretary of Labor and the 
        Federal agencies awarding contracts or providing financial 
        assistance to projects are authorized to investigate compliance 
        by any contractor or subcontractor with the requirements of the 
        Act, and may take such action to secure compliance with such 
        requirements as may be appropriate. The Secretary of Labor 
        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 
        the order issued under this paragraph, 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 application by the petitioner, shall have jurisdiction to 
        issue to such person an order requiring such person to appear 
        before the Secretary of Labor or a representative designated by 
        the Secretary of Labor, 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.
    ``(b) Review Procedures.--
            ``(1) Action by the secretary.--The Secretary of Labor 
        shall issue regulations providing procedures for making 
        determinations regarding the application of this Act to 
        contracts.
            ``(2) Coverage review.--
                    ``(A) In general.--Any interested person, as 
                defined in regulations issued by the Secretary of 
                Labor, shall have the right to request the Secretary of 
                Labor to make a determination regarding the 
                applicability of the Act to a contract. Such 
                determination shall be binding upon the Federal 
                agencies awarding contracts or providing financial 
                assistance and any recipient of financial assistance. 
                If the Secretary of Labor notifies the contracting 
                agency that the contract is subject to the Act, the 
                contracting agency shall include in the contract the 
                provisions required by section 1, including any 
                applicable wage determination issued by the Secretary 
                of Labor or the authorized representative of the 
                Secretary of Labor, through the exercise of any and all 
                authority that may be needed (including, where 
                necessary, its authority to negotiate or amend, its 
                authority to pay any necessary additional costs, and 
                its authority under any contract provision authorizing 
                changes, cancellation, and termination).
                    ``(B) Review.--Any person adversely affected or 
                aggrieved by a determination by the Secretary of Labor 
                made on a petition filed pursuant to subparagraph (A), 
                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, 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 of Labor 
and to other interested persons. Review shall conform to chapter 7 of 
title 5, United States Code.
    ``(c) Administrative Petition Procedure.--
            ``(1) Petition.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, any laborer or mechanic employed 
                to perform work under a contract with the United States 
                or the District of Columbia or any other contract 
                described in section 1(b), or any organization 
                authorized by such laborer or mechanic, may file a 
                petition with the Secretary of Labor on behalf of such 
                laborer or mechanic, as well as on behalf of all other 
                similarly situated laborers and mechanics employed by 
                the same employer pursuant to the same contract, for a 
                hearing to determine if wage payments by such employer 
                were made in accordance with section 1(a).
                    ``(B) Limitation period.--The petition described in 
                subparagraph (A) shall be filed in accordance with the 
                limitations period set forth in section 6(b) of the 
                Portal-to-Portal Act of 1947 (29 U.S.C. 255(b)), except 
                that such limitations period shall be tolled if 
                compliance by the employer with the requirements of 
                this Act is under investigation by the Secretary of 
                Labor, or the application of this Act to such contract 
                is being reviewed by the Secretary of Labor.
                    ``(C) Defense.--It shall be no defense that such 
                laborers and mechanics accepted or agreed to accept 
                less than the required rate of wages or fringe 
                benefits, or voluntarily made refunds or authorized 
                deductions from their pay, unless otherwise permitted 
                under the terms of this Act or applicable regulations 
                issued by the Secretary of Labor.
            ``(2) Referral to the chief administrative law judge.--The 
        petition described in subparagraph (A) of paragraph (1) shall 
        be referred to the Chief Administrative Law Judge of the 
        Department of Labor for assignment to an Administrative Law 
        Judge to make the determination requested by the petition. No 
        petition shall be referred to the Chief Administrative Law 
        Judge under this section that concerns alleged underpayment of 
        wages or fringe benefits that is already the subject of an 
        administrative proceeding or judicial action initiated by the 
        Secretary of Labor for such wages or fringe benefit payments 
        pursuant to the authority of the Secretary of Labor under this 
        Act.
            ``(3) Hearings.--
                    ``(A) In general.--The Administrative Law Judge 
                shall conduct a hearing on the record in accordance 
                with section 554 of title 5, United States Code, with 
                respect to such petition.
                    ``(B) Withholding of sums.--Upon determination by 
                the Administrative Law Judge that a petitioner is 
                likely to succeed on the merits of the claim of 
                petitioner, the Administrative Law Judge shall notify 
                the Secretary of Labor who 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 1, to withhold 
                from any amounts payable on account of work performed 
                by the contractor or subcontractor under such contract, 
                any other contract described in section 1(b), 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 reasonable 
                attorney's fees and costs as provided in section 
                3(c)(5)(B).
                    ``(C) Determination of applicability.--Any petition 
                that requires a determination of the applicability of 
                the Act shall first be referred by the Administrative 
                Law Judge to the Secretary or Labor for the opportunity 
                to make such a determination.
            ``(4) Procedures.--
                    ``(A) Witnesses and evidence.--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.
                    ``(B) Contumacy.--In the case of contumacy, 
                failure, or refusal of any person to obey the order 
                issued under subparagraph (A), 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 an application 
                by the petitioner, shall have jurisdiction to issue to 
                such person an order requiring such person to appear 
                before the Administrative Law Judge or a representative 
                designated by the Administrative Law Judge, 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 then issue 
                a decision as to whether wage payments have been made 
                in accordance with section 1(a).
            ``(5) Review by secretary.--
                    ``(A) In general.--Within 60 days of the date of 
                issuance of the decision by an Administrative Law Judge 
                pursuant to paragraph (4), the petitioner or the 
                employer that responded to the petition may request the 
                Secretary of Labor to review the decision of the 
                Administrative Law Judge.
                    ``(B) Final agency action.--The decision of the 
                Administrative Law Judge shall be
                 deemed to be a final agency action if no request for 
review is made within the 60-day period described in subparagraph (A). 
If such a request is filed, the Secretary 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.
            ``(6) Decision.--The decision of the Administrative Law 
        Judge, or the Secretary of Labor on a petition under this 
        subsection for the review of wage payments under a contract may 
        include--
                    ``(A) the awarding of damages to the petitioner in 
                an amount equal to the wages or fringe benefit 
                contributions that the responding employer failed to 
                pay in accordance with section 1(a);
                    ``(B) the awarding of damages to the petitioner in 
                an amount equal to twice the amount of wages not paid 
                in accordance with section 1(a), if it is found on 
                review of the petition that the responding employer 
                willfully refused to pay wages in accordance with such 
                section; and
                    ``(C) in addition to any award to the petitioner, a 
                reasonable attorney's fee to be paid by the responding 
                employer and the cost of the action.''.

SEC. 3. AMENDMENTS TO THE COPELAND ACT.

    Section 2 of the Act of June 13, 1934 (commonly referred to as the 
``Copeland Act'') (40 U.S.C. 276c), is amended to read as follows:

``SEC. 2. REGULATIONS GOVERNING CONTRACTORS AND SUBCONTRACTORS.

    ``(a) Regulations.--
            ``(1) In general.--The Secretary of Labor shall promulgate 
        regulations for contractors and subcontractors engaged in the 
        construction, prosecution, completion, repair, or alterations 
        of buildings or works subject to the Act of March 3, 1931 (40 
        U.S.C. 276a et seq.), or to the requirement of payment of wages 
        determined in accordance with such Act.
            ``(2) Requirements.--The regulations under paragraph (1) 
        shall include provisions--
                    ``(A) requiring contractors and subcontractors to 
                submit, along with each payment request under the 
                contract, a signed statement certifying that all 
                persons employed in the performance of work under the 
                contract have been paid the full amount of wages earned 
                without deductions, except as permitted by regulations 
                under this Act, during the period covered by the 
                payment request and certifying that all payroll records 
                maintained or submitted by the contractor or 
                subcontractor under subsections (b) and (c) are correct 
                and accurate; and
                    ``(B) requiring lessors to submit monthly, during 
                the period of construction subject to the prevailing 
                wage provisions of the Act of March 3, 1931, a signed 
                statement certifying that all persons employed in 
                performance of work under the contract have been paid 
                the full amount of wages earned without deductions, 
                except as permitted by regulations under this Act, 
                during the period covered by the payment request and 
                certifying that all payroll records maintained or 
                submitted by the contractor or subcontractor under 
                subsections (b) and (c) are correct and accurate.
        Section 1001 of title 18, United States Code (Criminal Code and 
        Criminal Procedure) shall apply to such statements.
    ``(b) Additional Requirements.--In the case of contracts that 
exceed the applicable threshold set forth in paragraph (1) of 
subsection (b) of the Act of March 3, 1931 (40 U.S.C. 276a(b)) (as 
adjusted under paragraph (4) of subsection (b) of such Act), the 
regulations under subsection (a)(1) shall provide that all contractors 
and subcontractors shall furnish--
            ``(1) with respect to persons employed to perform work 
        under such contracts, not later than the 10th day of each 
        month, a payroll statement that sets forth at least the--
                    ``(A) name and address;
                    ``(B) social security number;
                    ``(C) employment classification;
                    ``(D) number of hours worked daily and during the 
                payroll period; and
                    ``(E) hourly rates of wages paid (including rates 
                of contributions or costs anticipated for bona fide 
                fringe benefits), all deductions made, and actual wage 
                paid,
        for each such person for each payroll period ending during the 
        preceding calendar month; and
            ``(2) at the time such contractors and subcontractors 
        submit under paragraph (1) the initial and final payroll 
        statements with respect to a contract described in this 
        subsection, the--
                    ``(A) name and address of each plan, fund, or 
                program--
                            ``(i) to which contributions are made; or
                            ``(ii) on behalf of which costs are 
                        incurred for bona fide fringe benefits; and
                    ``(B) amount of each such contributions or costs.
    ``(c) Payroll Records.--
            ``(1) In general.--Each contractor and subcontractor shall 
        maintain payroll and other basic records relating to payroll as 
        required by regulations issued by the Secretary of Labor and 
        shall preserve the records for a period of 3 years after 
        completion of the contract work.
            ``(2) Submission of records.--
                    ``(A) In general.--The contractor or subcontractor 
                shall submit payroll and related records to the 
                contracting officer or the authorized representatives 
                of the Secretary of Labor upon request, and make 
                payroll and related records available for inspection 
                upon request.
                    ``(B) Suspension of payments.--If a contractor or 
                subcontractor fails to make records available in a 
                timely manner as required herein, the Secretary of 
                Labor or authorized representatives of the contracting 
                officer may suspend all payments to the contractor or 
                subcontractor.
                    ``(C) Statement.--Notwithstanding the provisions of 
                section 552 of title 5, United States Code, any 
                statement provided under this section, with the 
                exception of social security numbers, may be obtained 
                by any person from any department or agency that is 
                required by law, regulation, or the terms of a contract 
                or grant to maintain a record of such statement.
            ``(3) Subpoena.--The Secretary of Labor may require, by 
        subpoena testimony and the production of payroll and related 
        records, access to which is provided by this section. Any such 
        subpoena in the case of contumacy or refusal to obey, shall be 
        enforceable by order of an appropriate United States district 
        court.
            ``(4) Debarment.--The Secretary of Labor may debar 
        contractors, subcontractors, or other persons pursuant to 
        section 3(a)(2) of the Act of March 3, 1931 who fail to submit 
        payroll records when requested to do so or who fail or refuse 
        to make payroll records available for inspection, including 
        contractors and subcontractors who fail to retain required 
        records, or who maintain or provide false payroll records.
            ``(5) Penalty.--Any contractor, subcontractor, or other 
        person whose duty it shall be to employ, direct, or control any 
        laborer or mechanic employed in the performance of any contract 
        to which this Act applies and who, other than inadvertently, 
        provides false payroll records to the United States under any 
        mechanism provided for in this section, shall be subject to a 
        fine of not to exceed $25,000.
    ``(d) Applicability.--This section shall not apply to any contract 
or project that is exempt by its size from the application of the Act 
of March 3, 1931 (commonly referred to as the `Davis-Bacon Act') (40 
U.S.C. 276a et seq.).''.

SEC. 4. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.

    (a) Reporting of Violations.--Section 104(a) of the Contract Work 
Hours and Safety Standards Act (40 U.S.C. 330(a)) is amended by 
striking ``Comptroller General of the United States'' and inserting 
``Secretary of Labor''.
    (b) Willful or Grossly Negligent Violations.--Section 107 of the 
Contract Work Hours and Safety Standards Act (40 U.S.C. 333) is 
amended--
            (1) in subsection (d)(1), by striking ``Comptroller 
        General'' and inserting ``General Services Administration''; 
        and
            (2) in subsection (d)(2), to read as follows:
    ``(2) The General Services Administration shall include each name 
so transmitted on the Governmentwide List of Parties Excluded From 
Federal Procurement and Nonprocurement Programs. No contract shall be 
awarded to the person or firm appearing on the list or to any firm, 
corporation, partnership, or association in which such person or firm 
has a substantial interest until 3 years have elapsed from the date the 
name of the person or firm is entered on the electronic version of the 
list.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply to all contracts 
entered into pursuant to negotiations concluded, or invitations for bid 
issued, on or after 180 days from the date of enactment of this Act.
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