[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4329 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4329

 To amend the Davis-Bacon Act to provide that a contractor under that 
Act who has repeated violations of the Act shall have its contract with 
the United States canceled and to require the disclosure under freedom 
of information provisions of Federal law of certain payroll information 
            under contracts subject to the Davis-Bacon Act.


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
    Committee on Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

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                                 A BILL


 
 To amend the Davis-Bacon Act to provide that a contractor under that 
Act who has repeated violations of the Act shall have its contract with 
the United States canceled and to require the disclosure under freedom 
of information provisions of Federal law of certain payroll information 
            under contracts subject to the Davis-Bacon Act.

    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 Enforcement Act of 
2005''.

SEC. 2. REPEATED VIOLATIONS.

    Section 3144 of title 40, United States Code, is amended by adding 
at the end the following:
    ``(c) If the Secretary determines that a contractor under a 
contract with the United States has engaged in a pattern of violations 
of this Act, the Secretary shall cancel such contract and establish 
that such contractor is ineligible to receive a contract with the 
United States for a 10-year period designated by the Secretary, unless 
the contractor is able to show the Secretary that such violations were 
not intentional but were the result of simple and unsystematic 
errors.''.

SEC. 3. DISCLOSURE OF INFORMATION.

    (a) General Rule.--Section 552(a) of title 5, United States Code, 
is amended by adding at the end the following:
    ``(7) The names and addresses of employees in payroll records 
established under a contract which is subject to subchapter IV of 
subtitle II of title 40, United States Code, shall be made available, 
notwithstanding subsection (b)(6), for inspection in connection with an 
audit to determine compliance with such Act.''.
    (b) Construction.--Section 552(a) of title 5, United States Code, 
shall not be construed to prevent or prohibit the disclosure required 
by section 552(a)(7) of title 5, United States Code, as added by the 
amendment made by subsection (a).
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