Text: H.R.1987 — 102nd Congress (1991-1992)All Information (Except Text)

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Union Calendar No. 552
102d CONGRESS
2d Session
H. R. 1987
[Report No. 102-956]
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.
September 29, 1992
Committed to the Committee of the Whole House on the State of the Union and
ordered to be printed
HR 1987 RH
Union Calendar No. 552
102d CONGRESS
2d Session
 H. R. 1987
[Report No. 102-956]
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
April 23, 1991
Mr. MURPHY (for himself and Mr. FORD of Michigan) introduced the following
bill; which was referred to the Committee on Education and Labor
September 29, 1992
Additional sponsors: Mr. HAYES of Illinois, Mr. BERMAN, Mr. MINETA,
Mrs. UNSOELD, Mr. JONTZ, Mr. TOWNS, Mr. HUGHES, Mr. ACKERMAN, Mr. DELLUMS,
Mr. AUCOIN, Mr. VISCLOSKY, Mr. EDWARDS of California, Mr. SLATTERY, Mr. KILDEE,
Mr. MARTINEZ, Mr. SANDERS, Mr. LANTOS, Mr. KOPETSKI, Mr. OWENS of New York,
Mrs. SCHROEDER, Mr. STALLINGS, Mr. MRAZEK, Mr. BROWN, Mr. STOKES, Mr. LEHMAN of
California, Mr. LUKEN, Mr. APPLEGATE, Mr. MILLER of California, Mrs. LOWEY of
New York, Mr. VENTO, Mr. WEISS, Mr. STARK, Mr. WAXMAN, Mr. WILSON, Mr. GORDON,
Mr. ANNUNZIO, Mr. FLAKE, Mr. LEVINE of California, Mr. FOGLIETTA, Mr. RAHALL,
Mr. PASTOR, Mr. LAROCCO, Mr. ANDREWS of New Jersey, Ms. PELOSI, Mr. PERKINS,
Mr. FRANK of Massachusetts, Mr. MCCLOSKEY, Mr. STAGGERS, Ms. DELAURO,
Mr. HOCHBRUECKNER, Mr. ANDREWS of Maine, Mr. ABERCROMBIE, Mr. TORRES,
Mr. LAFALCE, Mr. EVANS, Mr. FAZIO, Mr. RANGEL, Mr. DWYER of New Jersey,
Mr. JEFFERSON, Mr. NOWAK, Mr. COX of Illinois, Mr. ENGEL, Mrs. COLLINS of
Michigan, Mr. TRAFICANT, Mr. WISE, Mr. MCDERMOTT, Mr. BACCHUS, Ms. OAKAR,
Mr. RICHARDSON, Ms. KAPTUR, Mr. GILMAN, Ms. NORTON, Mr. KOSTMAYER,
Mr. LIPINSKI, Mr. KENNEDY, Mr. NEAL of Massachusetts, Mr. PETERSON of
Minnesota, Mr. RIDGE, Ms. LONG, Mr. DIXON, Mr. SHARP, Mr. OBERSTAR, Mr. LEVIN
of Michigan, Mr. MOLLOHAN, Mr. OLVER, Mr. DURBIN, Mr. PALLONE, Mr. ATKINS,
Mr. TRAXLER, Mr. DOWNEY, Mr. MATSUI, Mr. MORAN, Mr. CAMPBELL of Colorado,
Mr. HOAGLAND, Mr. MARKEY, Mr. BORSKI, Mr. BRUCE, Mr. FISH, Mr. SANGMEISTER,
Mr. MURTHA, Mrs. MINK, Mr. YOUNG of Alaska, and Mr. Bustamante
September 29, 1992
Committed to the Committee of the Whole House on the State of the Union and
ordered to be printed
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), 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) GENERAL RULE- A contract described in subsection (b) shall--
  `(1) 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 section 2(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
  `(2) contain a stipulation that the contractor or subcontractor under the
  contract shall pay all laborers and mechanics under the contract--
  `(A) unconditionally,
  `(B) not less often than once a week, and
  `(C) 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.
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- The requirements of subsection (a) apply to any contract--
  `(A) to which the United States or the District of Columbia is a party,
  or for the construction, prosecution, completion, alteration, repair,
  renovation, or reconstruction of buildings or works financed in whole or
  in part by loans, grants, or loan guarantees from the United States unless
  contracts for such work are exempted or otherwise limited by Federal law, 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 public buildings or public works of the United States or the District
of Columbia or of buildings or works financed in whole or in part by loans,
grants, or loan guarantees from the United States unless contracts for such
work are exempted or otherwise limited by Federal law which buildings or works
are within the geographical limits of the States or the District of Columbia.
  `(2) PREEMPTION- Neither the requirements of subsection (a) or the provision
  of any other Federal law shall preempt application of requirements for
  the payment of wages or fringe benefits or both adopted by State, local,
  or tribal governments to contracts for the construction, prosecution,
  completion, alteration, repair, renovation, or reconstruction of buildings
  and works financed in whole or in part by loans, grants, or loan guarantees
  from the United States unless compliance with such requirements would make
  it impossible to comply with the requirements of subsection (a).
  `(3) Multiple contracts-
  `(A) 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 site,
shall be treated as a single contract for purposes of subsection (a).
  `(B) 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 or the head of the agency 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) 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 or the head
  of the agency 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, on
  the difference between the wages paid under such contracts and the wages
  required to be paid under such contracts by subsection (a).
  `(D) 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 facility and if performance of a contract
  for the construction, alteration, repair, renovation, rehabilitation,
  or reconstruction of the facility 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 on 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 Employment and Training Administration 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.
The Secretary shall promulgate regulations defining apprentices and prescribing
the conditions under which apprentices will not be subject to the subsection
(a) rate, the rate at which such apprentices will be employed, and such
other conditions as may be appropriate.
  `(2) TRAINEES- A trainee who is employed on 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 Employment and Training Administration of the Department of Labor. The
  Secretary shall promulgate regulations defining trainees and prescribing
  the conditions under which trainees will not be subject to the subsection
  (a) rate, the rate at which such trainees will be employed, and such other
  conditions as may be appropriate.
  `(3) HELPERS- A helper who is employed on 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 can be
  differentiated from the duties of a laborer or mechanic, and
  `(C) the helper is not used as informal apprentice or trainee.
The Secretary shall promulgate regulations defining helpers and prescribing
the conditions under which helpers will not be subject to the subsection
(a) rate, the rate at which such helpers will be employed, and such other
conditions as may be appropriate.
  `(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
  pursuable 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 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) IN GENERAL- For purposes of a contract subject to section 2(a), the
  prevailing wage required to be paid under such contract by such section
  shall be the wages which were determined by the Secretary, within 3 years
  of the date the contract was entered into, to be prevailing for purposes
  of such section. If the Secretary has not made such a determination within
  such 3-year period, 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. In making such a determination
  for projects of a particular character in an area, the Secretary shall
  consider the wages paid for all projects 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) DEFINITION- For purposes of paragraph (1), 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.
  `(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),
  `(D) any combination thereof.
  `(2) CONTRIBUTIONS AND COSTS- 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).
  `(d) OVERTIME- In determining the overtime pay to which a laborer or
  mechanic is entitled under any Federal law, the regular or basic hour
  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 or mechanic, may investigate
  compliance by a contractor with the requirements of section 2 and may take
  such action under section 8(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 or
  head of an agency determines that a contract entered into by the Secretary or
  agency head or another contract described in section 2(b)(1) 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 Secretary
  to review such determination. If the Secretary grants such a petition,
  the Secretary shall complete the review requested within 90 days of the
  date the petition is received. The Secretary shall make a determination
  on a petition on the record after opportunity for an agency hearing.
  `(2) Judicial review-
  `(A) 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) if the Secretary denies a petition filed under paragraph (1), the
  determination of a Secretary of a department or head of an agency under
  paragraph (1) with respect to which the petition was filed,
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 or agency head which made the determination
and to other interested persons.
  `(B) Upon transmittal of the petition, the Secretary or agency head which
  made the determination 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 power--
  `(I) to grant such temporary relief or restraining order as it deems just
  and proper,
  `(II) 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
  `(III) 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) Petition for Review-
  `(1) IN GENERAL- Any laborer or mechanic under a contract with the United
  States or the District of Columbia or another contract described in
  section 2(b)(1) or any interested person may petition 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). Upon receipt of such a petition, the Administrator shall notify the
  Chief Administrative Law Judge of the Department of Labor of the receipt
  of the petition and, within 30 days of the receipt of the petition, either--
  `(A) determine if the Administrator will decide whether the wage payments
  have been made in accordance with such section, or
  `(B) refer the petition 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 such determination.
  `(2) Administrator-
  `(A) If in response to a petition the Administrator elects to determine
  if wage payments have been made in accordance with section 2(a), the
  Administrator shall make such determination within 120 days of the receipt
  of the petition.
  `(B) If the Administrator makes a determination on a petition within 120
  days of its receipt, either the petitioner or the employer involved in the
  petition 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) If the Administrator does not make a determination on a petition within
  120 days of its receipt, the Administrator shall refer the petition 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 petition or if the Administrator does not
  refer the petition within 5 days of the expiration of such 120-day period,
  the Chief Administrative Law Judge of the Department of Labor shall assign
  the petition to an administrative law judge of the Department of Labor to
  make such determination.
  `(3) Administrative law judge-
  `(A) The administrative law judge--
  `(i) to whom a petition has been assigned under paragraph (1)(B),
  `(ii) to whom a determination of the Administrator has been referred under
  a request for a hearing under paragraph (2)(B), or
  `(iii) to whom a petition has been referred under paragraph (2)(C),
shall, within 120 days of the assignment or referral, conduct a hearing on
the record in accordance with section 554 of title 5, United States Code,
with respect to such petition or determination and make a decision as to
whether wage payments have been made in accordance with section 2(a). 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.
  `(B) Within 30 days of the date of issuance of the decision of the
  administrative law judge, the petitioner 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.
  `(C) 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 30 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) DECISION- The decision of the Administrator, an administrative law
  judge, or the Secretary on a petition under paragraph (1) for the review
  of the wage payments under a contract may include--
  `(A) the award 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 defendant and the cost of the action.
  `(5) 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 similairly 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
  (b) 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.
  `(e) PAYMENTS- The Comptroller General of the United States 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 subsection (c) or (d) to be due laborers and mechanics under section
  2(a). The Secretary shall distribute a list to all departments of the
  Government giving the names of the persons whom the Secretary of Labor has
  found under subsection (c) or (d) to have disregarded their obligations to
  employees and subcontractors. No contract shall be awarded to the persons
  appearing on this list or to any corporation, partnership, or association
  in which such persons have an interest until 3 years have elapsed from
  the date of publication of the list containing the names of such persons.
  `(f) RIGHTS 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 as been a failure to
  pay the wages required by such section, such laborers and mechanics may
  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.
`SEC 5. WAGE PAYMENTS.
  `(a) WITHHOLDING- There may be withheld from any contractor under a contract
  subject to section 2(a) so much of accrued payments due the contractor under
  the contract as may be considered necessary by the contracting officer or
  the Secretary to pay all laborers and mechanics employed by the contractor
  or any subcontractor of the contractor the difference between the rates
  of wages required to be paid such laborers and mechanics by section 2(a)
  and the rates of wages actually received by the laborers and mechanics.
  `(b) TERMINATION- 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, the Government may, by written
  notice to the contractor, terminate the contractor's right 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 the contractor's 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. NATIONAL EMERGENCY.
  `In the event of a national emergency, the President may suspend the
  provisions of this Act.
`SEC. 8. 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 of 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. 9. DEFINITIONS.
  `As used in this Act--
  `(1) 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.
  `(2) The term `Administrator' means the Administrator of the Wage and Hour
  Division of the Department of Labor.
  `(3) 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 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: `Any interested person
  may obtain a copy of any statement provided under this section from any
  department or agency which is required by law 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.
HR 1987 RH----2
HR 1987 RH----3

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