II

103D CONGRESS

2D SESSION S. 2328

To revise and simplify certain labor laws applicable to Federal contracts,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27 (legislative day, JULY 20), 1994

Mr. SIMON (by request) introduced the following bill; which was read twice

and referred to the Committee on Labor and Human Resources

A BILL

To revise and simplify certain labor laws applicable to

Federal contracts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Acquisition

5 Labor Law Improvement Act of 1994’’.

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

7 The Act of March 3, 1931 (46 Stat. 1494) as amend8 ed, commonly referred to as the ‘‘Davis-Bacon Act’’ (40

9 U.S.C. 276a et seq.), is amended—
2

S 2328 IS

1 (1) by retitling section 1 (40 U.S.C. 276a) to

2 read ‘‘CONTRACT REQUIREMENTS’’ and

3 amending subsection (a) to read as follows:

4 ‘‘(a) REQUIRED PROVISIONS.—(1) IN GENERAL.—A

5 contract described in subsection (b) which requires or in6 volves the employment of mechanics and/or laborers shall

7 contain a provision—

8 ‘‘(A) stating the minimum wages to be paid

9 various classes of laborers and mechanics which

10 shall be based upon the wages that will be deter11 mined by the Secretary of Labor to be prevailing for

12 the corresponding classes of laborers and mechanics

13 employed on projects of a character similar to the

14 contract work in the locality where the work is to be

15 performed;

16 ‘‘(B) which stipulates that the contractor or

17 subcontractor under the contract shall pay all labor18 ers and mechanics under the contract—

19 ‘‘(i) unconditionally;

20 ‘‘(ii) not less often than once a week; and

21 ‘‘(iii) without subsequent deduction or re22 bate on any account, unless otherwise author23 ized in writing by such laborer or mechanic in

24 accordance with section 186(c)(4) of title 29,

25 United States Code or by regulations issued by
3

S 2328 IS

1 the Secretary of Labor, the full amounts ac2 crued at the time of payment, computed at

3 wage rates not less than those stated in the ad4 vertised specifications, regardless of any con5 tractual relationship which may be alleged to

6 exist between the contractor or subcontractor

7 and such laborers and mechanics;

8 ‘‘(C) which stipulates that the requirements of

9 paragraph (A) shall apply to laborers and mechanics

10 employed by the contractor or subcontractor to work

11 directly upon the site of the work, including work at

12 fabrication plants, batch plants, tool yards or similar

13 facilities (other than previously established facilities

14 of a contractor or subcontractor whose location and

15 continuance in operation are determined wholly with16 out regard to the contract work) which are not lo17 cated on the project site but are dedicated exclu18 sively, or nearly so, to construction of the project;

19 and to laborers and mechanics, including truck20 drivers, employed by the contractor or subcontractor

21 to transport materials, supplies, and equipment to

22 and/or from the site of the work (other than the

23 hauling of materials or supplies to the site of the

24 work from a permanent previously established facil25 ity by truckdrivers employed by a bona-fide inde-
4

S 2328 IS

1 pendent trucking company or bona-fide material

2 supplier), including between the actual construction

3 location and other covered facilities; and

4 ‘‘(D) which stipulates that there may be with5 held from the contractor under the contract or any

6 contract between the same contractor and the Fed7 eral Government or the District of Columbia or

8 under any Federally assisted contract subject to

9 Davis-Bacon prevailing wage requirements so much

10 of accrued payments as may be considered necessary

11 by the contracting officer or by the Secretary of

12 Labor to pay to laborers and mechanics employed by

13 the contractor or any subcontractor on the work the

14 difference between the rates of wages required by

15 the contract to be paid laborers and mechanics on

16 the work and the rates of wages received by such la17 borers and mechanics and not refunded to the con18 tractor, subcontractors or their agents, and, if the

19 violations are willful, to pay an additional equal

20 amount as liquidated damages. Funds withheld

21 under this section shall be placed in an interest

22 bearing account until the disposition of the funds is

23 administratively and/or judicially resolved.

24 ‘‘(2) POSTING.—A contractor or subcontractor under

25 a contract described in subsection (b) shall post the scale
5

S 2328 IS

1 of wages required to be paid under such contract in a

2 prominent and easily accessible place at the site of the

3 contract work.’’;

4 (2) by redesignating subsection (b) as (c), in5 serting ‘‘WAGES.—(1) DEFINITION.—’’ after ‘‘(c)’’,

6 redesignating ‘‘(1)’’ and ‘‘(2)’’ as ‘‘(A)’’ and ‘‘(B)’’,

7 redesignating ‘‘(A)’’ and ‘‘(B)’’ ‘‘(i)’’ and ‘‘(ii)’’,

8 changing all references to ‘‘subparagraph (2)(A)’’ to

9 ‘‘subparagraph (B)(i)’’, changing all references to

10 ‘‘subparagraph (2)(B)’’ to ‘‘subparagraph (B)(ii)’’,

11 changing all references to ‘‘paragraph (1)’’ to ‘‘sub12 paragraph (A)’’, change all references to ‘‘paragraph

13 (2)’’ to ‘‘subparagraph (B)’’, and by inserting ‘‘(2)

14 OVERTIME.—’’ at the beginning of the last para15 graph of the subsection;

16 (3) by inserting the following as new subsection

17 (b) of section 1 (40 U.S.C. 276a) to read as follows:

18 ‘‘(b) COVERED CONTRACTS.—(1) IN GENERAL.—

19 The requirements of this section shall apply to any con20 tract to which the United States or the District of Colum21 bia is a party—

22 ‘‘(A) for the new construction, complete reha23 bilitation or reconstruction, including painting and

24 decorating, of public buildings or public works of the

25 United States or the District of Columbia within the
6

S 2328 IS

1 geographical limits of the States of the Union or the

2 District of Columbia in excess of $100,000; and

3 ‘‘(B) for the repair and/or alteration, including

4 painting and decorating, of public buildings or public

5 works of the United States or the District of Colum6 bia within the geographical limits of the States of

7 the Union or the District of Columbia in excess of

8 $50,000.

9 ‘‘(2) LEASES OF REAL PROPERTY.—The require10 ments of this section shall apply to any contract to which

11 the United States or the District of Columbia is a party

12 for the new construction, complete rehabilitation or recon13 struction, including painting and decorating, of any build14 ing or work which is so constructed, rehabilitated or recon15 structed for lease to, and in preparation for occupancy and

16 use by, the United States or the District of Columbia

17 where such lease provides for an average annual rental

18 in excess of $100,000, provided, that any use of the build19 ing or work other than by the United States or the Dis20 trict of Columbia will be functionally or quantitatively inci21 dental to the use and occupancy by the United States or

22 the District of Columbia.

23 ‘‘(3) FEDERALLY ASSISTED.—(A) The requirements

24 of this Act apply as provided in subparagraph (B) of this

25 paragraph to any project for the construction, rehabilita-
7

S 2328 IS

1 tion, reconstruction, alteration or repair, including paint2 ing and decorating, of buildings or works which are fi3 nanced in whole or in part by loans, grants, revolving

4 funds, loan guarantees, or other assistance from the Unit5 ed States pursuant to a statute which (i) is enacted after

6 the effective date of this Act unless exempted or otherwise

7 limited by Federal law, or (ii) contains a provision requir8 ing the payment of prevailing wages as determined by the

9 Secretary of Labor pursuant to this Act.

10 ‘‘(B) The provisions of this Act shall apply to Feder11 ally assisted projects if the amount of Federal financial

12 assistance provided for the project exceeds the applicable

13 thresholds set forth in this subsection for contracts to

14 which the United States or the District of Columbia is

15 a party. In the case of loan guarantees or other assistance

16 for which the instrument of Federal financing or assist17 ance does not have an aggregate dollar amount or cannot

18 be determined, this Act shall apply when the value of the

19 assisted project exceeds the applicable threshold set forth

20 in this subsection for projects to which the United States

21 or the District of Columbia is a party.

22 ‘‘(4) ADJUSTMENTS FOR CHANGES IN DOLLAR VAL23 UES.—The amounts of the thresholds set forth in para24 graph (1) shall be adjusted by the Secretary of Labor each

25 year that is divisible by 5 to the amount that is equal to
8

S 2328 IS

1 the fiscal year 1994 constant dollar value of the amount

2 set forth. Any amount, as so adjusted, shall be rounded

3 to the nearest $1,000. The adjusted threshold shall be ef4 fective upon publication in the Federal Register to con5 tracts for which bids are solicited or negotiations con6 cluded after such publication.

7 ‘‘(5) PROHIBITION ON SPLITTING CONTRACTS.—No

8 project that would, if procured under a single contract,

9 be subject to the requirements of this Act may be divided

10 into multiple contracts of lesser value to avoid the applica11 tion of this Act.

12 ‘‘(6) PREEMPTION.—Neither the requirements of

13 subsection (a) nor the provisions of any other Federal law

14 or regulation related to prevailing wages shall, solely by

15 reason of such prevailing wage provisions preempt the ap16 plication of requirements for the payment of wages or

17 fringe benefits or both adopted by State, local or tribal

18 governments otherwise applicable to contracts for the con19 struction, rehabilitation or reconstruction, repair or alter20 ation, including painting and decorating, of buildings and

21 works financed in whole or in part by loans, grants, revolv22 ing funds, loan guarantees, or other assistance from the

23 United States, unless compliance with such requirement

24 would make it impossible to comply with the requirements

25 of subsection (a).’’;
9

S 2328 IS

1 (4) by retitling section 3 (40 U.S.C. 276a–2(a))

2 to read ‘‘ENFORCEMENT’’ and amending sub3 section (a) to read as follows:

4 ‘‘(a) ADMINISTRATIVE PROCEDURES.—(1) PAY5 MENTS.—The Secretary of Labor is hereby authorized and

6 directed to pay directly to laborers and mechanics from

7 any accrued payments withheld under the contract or any

8 contract between the same contractor and the Federal

9 Government or District of Columbia or under any Feder10 ally assisted contract subject to Davis-Bacon prevailing

11 wage requirements any wages found to be due laborers

12 and mechanics pursuant to this Act, and if the violations

13 were willful, for payment of an additional equal amount

14 as liquidated damages. Any sum not paid to an employee

15 because of inability to do so within 3 years shall be depos16 ited into the miscellaneous receipts of the United States

17 Treasury. If the accrued payments withheld are insuffi18 cient to reimburse all the laborers and mechanics with re19 spect to whom there has been a failure to pay the wages

20 required by this Act, the Secretary or any laborer or me21 chanic or any organization authorized to represent such

22 laborer or mechanic may, within one year of the conclusion

23 of all administrative proceedings, bring an action against

24 the contractor and the contractor’s sureties or other re25 sponsible parties for the payment of wages and liquidated
10

S 2328 IS

1 damages found due by the Secretary. In such an action

2 it shall be no defense that such laborers and mechanics

3 accepted or agreed to accept less than the required rate

4 of wages or voluntarily made refunds. Every suit insti5 tuted under this subparagraph shall be brought in the

6 United States district court for the district in which the

7 contract was performed, where the contractor or sub8 contractor is currently doing business, or where the con9 tractor or subcontractor maintains its payroll records, ir10 respective of the amount in controversy in such suit. In

11 such suits, the parties must conform to chapter 7 of title

12 5 of the United States Code.

13 ‘‘(2) DEBARMENT.—The Secretary of Labor is fur14 ther authorized and directed to provide the names of per15 sons or firms whom the Secretary has found to have dis16 regarded their obligations to employees and subcontrac17 tors to the General Services Administration for inclusion

18 on the governmentwide List of Parties Excluded from

19 Federal Procurement and Nonprocurement Programs. No

20 contract shall be awarded to the person or firm appearing

21 on this list or to any firm, corporation, partnership, or

22 association in which such person or firm has an interest

23 until three years have elapsed from the date the persons’

24 or firms’ name is entered on the electronic version of the

25 list.
11

S 2328 IS

1 ‘‘(3) AUTHORITY.—The Secretary of Labor shall pre2 scribe appropriate standards, regulations and procedures

3 in order to assure coordination of administration and con4 sistency of enforcement of this Act which shall be observed

5 by the Federal agencies responsible for administration of

6 contracts described in subsection (b) of section 1 of this

7 Act. The Secretary of Labor and the Federal agencies

8 awarding contracts or providing financial assistance to

9 projects are authorized to investigate compliance by any

10 contractor or subcontractor with the requirements of the

11 Act, and may take such action to secure compliance with

12 such requirements as may be appropriate. The Secretary

13 shall have the power to issue orders requiring the attend14 ance and testimony of witnesses and the production of evi15 dence under oath. Witnesses shall be paid the same fees

16 and mileage that are paid witnesses in the courts of the

17 United States. In the case of contumacy, failure, or refusal

18 of any person to obey such order, any district court of

19 the United States or of any territory or possession, within

20 the jurisdiction of which the inquiry is carried on, or with21 in the jurisdiction of which said person who is guilty of

22 contumacy, failure, or refusal is found, or resides or trans23 acts business, upon application by the petitioner, shall

24 have jurisdiction to issue to such person an order requir25 ing such person to appear before the Secretary or a rep-
12

S 2328 IS

1 resentative designated by the Secretary, to produce evi2 dence if, as, and when so ordered, and to give testimony

3 relating to the matter under investigation or in question;

4 and any failure to obey such order of the court may be

5 punished by said court as a contempt thereof.’’;

6 (5) by amending subsection (b) of section 3 (40

7 U.S.C. 276a–2(b)) to read as follows:

8 ‘‘(b) REVIEW PROCEDURES.—(1) ACTION BY THE

9 SECRETARY.—The Secretary of Labor shall issue regula10 tions providing procedures for making determinations re11 garding the application of this Act to given contracts.

12 ‘‘(2) COVERAGE REVIEW.—(i) Any interested person,

13 as defined in regulations issued by the Secretary of Labor,

14 shall have the right to request the Secretary of Labor to

15 make a determination regarding the applicability of the

16 Act to a contract. Such determination shall be binding

17 upon the Federal agencies awarding contracts or providing

18 financial assistance and any recipient of financial assist19 ance. If the Secretary notifies the contracting agency that

20 the contract is subject to the Act, the contracting author21 ity shall include in the contract the provisions required

22 by section 1, including any applicable wage determination

23 issued by the Secretary or his authorized representative,

24 through the exercise of any and all authority that may

25 be needed (including, where necessary, its authority to ne-
13

S 2328 IS

1 gotiate or amend, its authority to pay any necessary addi2 tional costs, and its authority under any contract provision

3 authorizing changes, cancellation, and termination).

4 ‘‘(ii) Any person adversely affected or aggrieved by

5 a determination by the Secretary of Labor made on a peti6 tion filed pursuant to paragraph (i), may obtain review

7 of such determination in any United States court of ap8 peals for the circuit in which such person is located, or

9 in the United States Court of Appeals for the District of

10 Columbia, by filing in such court within 60 days following

11 issuance of such determination, a written petition praying

12 that such determination be modified or set aside. A copy

13 of such petition shall be forthwith transmitted by the clerk

14 of the court in which it is filed to the Secretary and to

15 other interested persons. Review shall conform to Chapter

16 7 of Title 5 of the United States Code.’’; and

17 (6) by amending section 3 (40 U.S.C. 276a–2)

18 to add a new subsection (c) to read as follows:

19 ‘‘(c) RIGHT OF ACTION.—(1) IN GENERAL.—A la20 borer or mechanic employed pursuant to a contract, sub21 contract, loan, grant or other agreement which incor22 porates the provision required by section 1, or an organi23 zation authorized by such laborer or mechanic to represent

24 the laborer or mechanic, who has not been paid in full

25 therefor shall have the right to sue the contrctor and/or
14

S 2328 IS

1 subcontractor and the contractors’ sureties for the

2 amount, or balance thereof, unpaid and, if the violations

3 were willful, for an additional equal amount as liquidated

4 damages, and to prosecute said action to final execution

5 and judgment for the sum or sums justly due the laborer

6 or mechanic. A copy of the complaint shall be served on

7 the Secretary of Labor. Such an action shall be com8 menced not later than 180 days after the day on which

9 the last labor was performed under the contract with re10 spect to which the action is brought, except that such time

11 allowed for commencement shall be tolled if the contract

12 is under investigation or review, including review of the

13 applicability of the Act to the contract, by the Secretary

14 of Labor pursuant to section 2(b) of this Act. In such an

15 action it shall be no defense that such laborers and me16 chanics accepted or agreed to accept less than the required

17 rate of wages or voluntarily made refunds. Any action that

18 requires a determination of the applicability of the Act

19 shall first be referred by the Court to the Secretary of

20 Labor for the opportunity to make a decision pursuant

21 to paragraph (b)(2) of this section. No action may be

22 brought or maintained under this paragraph by a laborer

23 or mechanic with respect to the laborers’ or mechanics’

24 wages if an administrative proceeding or judicial action
15

S 2328 IS

1 has been brought by the Secretary for the payment of

2 wages alleged due such laborers or mechanics.

3 ‘‘(2) ACTIONS.—Every suit instituted under para4 graph (c)(1) shall be brought in the United States District

5 Court for the district in which the contract was performed,

6 where the contractor or subcontractor is currently doing

7 business, or where the contractor or subcontractor main8 tains its payroll records, irrespective of the amount in con9 troversy in such suit.

10 ‘‘(3) ATTORNEY’S FEE.—The Court in any action

11 brought under paragraph (c)(1) shall, in addition to any

12 judgment awarded to the plaintiff or plaintiffs, allow a

13 reasonable attorney’s fee to be paid by the defendant and

14 the cost of the action.’’.

15 SEC. 3. AMENDMENTS TO THE COPELAND ACT.

16 Section 2 of the Act of June 13, 1934 (48 Stat 948)

17 as amended, commonly referred to as the ‘‘Copeland Act’’

18 (40 U.S.C. 276c), is amended to read as follows:

19 ‘‘(a) The Secretary of Labor shall make reasonable

20 regulations for contractors and subcontractors engaged in

21 the construction, prosecution, completion or repair and/or

22 alteration of buildings or works subject to the Davis23 Bacon Act, as amended (40 U.S.C. 276a et seq.), or to

24 the requirement of payment of wages determined in ac25 cordance with the Davis-Bacon Act. The regulations shall
16

S 2328 IS

1 include provisions (1) requiring contractors and sub2 contractors to submit along with each payment request

3 under the contract a signed statement certifying that all

4 persons employed in the performance of work under the

5 contract have been paid the full amount of wages earned

6 without deductions, except as permitted by regulations

7 under this Act, during the period covered by the payment

8 request and certifying that all payroll records maintained

9 and/or submitted by the contractor or subcontractor under

10 subsections (b) and (c) of this section are correct and ac11 curate, and (2) requiring lessors to submit monthly during

12 the period of construction subject to prevailing wage provi13 sions of the Davis-Bacon Act a signed statement certifying

14 that all persons employed in performance of work under

15 the contract have been paid the full amount of wages

16 earned without deductions, except as permitted by regula17 tions under this Act, during the period covered by the pay18 ment request and certifying that all payroll records main19 tained and/or submitted by the contractor or subcontrac20 tor under subsections (b) and (c) of this section are cor21 rect and accurate. Section 1001 of title 18 of the United

22 States Code (Criminal Code and Criminal Procedure) shall

23 apply to such statements.

24 ‘‘(b) Such regulations shall provide, among other

25 things—
17

S 2328 IS

1 ‘‘(1) in the case of contracts which exceed

2 $100,000 (as adjusted under section (b)(3) of 40

3 U.S.C. 276a), that all contractors and subcontrac4 tors, unless waived by the Secretary of Labor, shall

5 furnish with respect to persons employed in such

6 work not later than the 10th day of each month a

7 payroll statement which sets forth at least the fol8 lowing information for each person for each payroll

9 period ending during the preceding calendar month:

10 the name, address, social security number, employ11 ment classification, number of hours worked daily

12 and during the payroll period, hourly rates of wages

13 paid (including rates of contributions or costs antici14 pated for bona fide fringe benefits), all deductions

15 made, and actual wages paid, and

16 ‘‘(2) procedures for waiving the requirement for

17 submission of monthly payroll statements based on

18 criteria established by the Secretary of Labor. Such

19 criteria shall include, but are not limited to, the con20 tractor or subcontractor; (A) has never been

21 debarred for disregarding its obligations to employ22 ees under the Act of March 3, 1931 (46 Stat. 1494)

23 as amended, commonly referred to as the ‘‘Davis24 Bacon Act’’ or any other labor standards statute,

25 (B) has demonstrated a thorough knowledge of the
18

S 2328 IS

1 requirements of the Davis-Bacon Act through a his2 tory of compliance with the requirements of the

3 Davis-Bacon Act over a substantial period of time,

4 and (C) has otherwise demonstrated through per5 formance that it is a responsible contractor.

6 ‘‘(c)(1) Each contractor and subcontractor shall

7 maintain payroll and other basic records relating to pay8 roll as required by regulations issued by the Secretary of

9 Labor and shall preserve such records for a period of three

10 years after completion of the contract work.

11 ‘‘(2) The contractor or subcontractor shall submit

12 payroll and related records to the contracting officer or

13 the authorized representatives of the Secretary of Labor

14 upon request, and make payroll and related records avail15 able for inspection upon request. If a contractor or sub16 contractor fails to make records available in a timely man17 ner as required herein, the Secretary of Labor or author18 ized representatives or the contracting officer may sus19 pend all payments to the contractor or subcontractor. Any

20 statement provided under this section, excepting social se21 curity numbers, may be obtained by any person from any

22 department, agency, or contracting authority which is re23 quired by law, regulation, or the terms of a contract,

24 grant, or other agreement, to maintain a record of such
19

S 2328 IS

1 statement without regard to the provisions of section 552

2 of title 5, United States Code.

3 ‘‘(3) The Secretary of Labor may require by sub4 poena testimony and the production of payroll and related

5 records access to which is provided by this section. Any

6 such subpoena in the case of contumacy or refusal to obey,

7 shall be enforceable by order of an appropriate United

8 States district court.

9 ‘‘(4) The Secretary of Labor may debar contractors,

10 subcontractors or other persons pursuant to section

11 3(a)(2) of the Davis-Bacon Act who fail to submit payroll

12 records when requested to do so or who fail or refuse to

13 make payroll records available for inspection, including

14 contractors and subcontractors who fail to retain required

15 records, or who maintain or provide false payroll records.

16 ‘‘(5) Any contractor, subcontractor or other person

17 whose duty it shall be to employ, direct, or control any

18 laborer or mechanic employed in the performance of any

19 contract to which this Act applies who other than inad20 vertently provides false payroll records to the Government

21 under any mechanism provided for in this section, shall

22 be subject to a fine of not to exceed $25,000, or by impris23 onment for not more than one year, or both, in the discre24 tion of the court having jurisdiction thereof.
20

S 2328 IS

1 ‘‘(d) This section shall not apply to any contract or

2 project that is exempted by its size from the application

3 of the Act of March 3, 1931 (46 Stat. 1494) as amended,

4 commonly referred to as the ‘‘Davis-Bacon Act’’, 40

5 U.S.C. 276a et seq.’’.

6 SEC. 4. CONTRACT WORK HOURS AND SAFETY STANDARDS

7 ACT.

8 The Contract Work Hours and Safety Standards Act,

9 as amended (40 U.S.C. 327–333) is amended—

10 (1) by striking, in subsection 330(a), ‘‘Comp11 troller General of the United States’’ and substitut12 ing ‘‘Secretary of Labor’’;

13 (2) by striking, in subsection 333(d)(1),

14 ‘‘Comptroller General’’ and substituting ‘‘General

15 Services Administration’’; and

16 (3) by amending subsection 333(d)(2) to read

17 as follows:

18 ‘‘(2) The General Services Administration shall

19 include each name so transmitted on the govern20 mentwide List of Parties Excluded from Federal

21 Procurement or Nonprocurement Programs. No con22 tract shall be awarded to the person or firm appear23 ing on the list or to any firm, corporation, partner24 ship, or association in which such person or firm has

25 a substantial interest until three years have elapsed
21

S 2328 IS

1 from the date the persons’ or firms’ name is entered

2 on the electronic version of the list.’’.

3 SEC. 5. SERVICE CONTRACT ACT.

4 The Service Contract Act Public Law 89–286) as

5 amended (41 U.S.C. 351(a)), is amended—

6 (1) by striking, in subsection 4(d), ‘‘, if author7 ized by the Secretary,’’ and ‘‘not exceeding five,’’;

8 (2) by amending subsection (a) of section 5 to

9 read as follows:

10 ‘‘(a) The Secretary is directed to provide the names

11 of persons or firms that the Secretary has found to have

12 violated this Act to the General Services Administration

13 for inclusion on the governmentwide List of Parties Ex14 cluded from Federal Procurement or Nonprocurement

15 Programs. Unless the Secretary determines otherwise be16 cause of unusual circumstances, no contract of the United

17 States shall be awarded to the person or firm appearing

18 on this list or to any firm, corporation, partnership, or

19 association in which such person or firm as a substantial

20 interest until three years have elapsed from the date the

21 persons’ or firms’ name is entered on the electronic version

22 of the list.’’; and

23 (3) by striking paragraph (2) of section 7 and

24 redesignating paragraphs (3) through (7) as (2)

25 through (6).
22

S 2328 IS

1 SEC. 6. EFFECTIVE DATE.

2 This Act shall apply to all contracts entered into pur3 suant to negotiations concluded or invitations for bid is4 sued on or after 180 days from the date of enactment of

5 this Act.

Æ

S 2328 IS——2