‘‘(B) in the case of a subcontractor that
has failed to reimburse a contractor for pay-
ments made as restitution for wages under pay-
ments by such subcontractor, the contractor is
fully reimbursed, including accrued interest.
‘‘(3) AUTHORITY.—The Secretary of Labor
shall prescribe standards, regulations, and proce-
dures, in order to ensure coordination of administra-
tion and consistency of enforcement of this Act, that
shall be observed by the Federal agencies responsible
for administration of contracts described in sub-
section (b) of section 1. The Secretary of Labor and
the Federal agencies awarding contracts or provid-
ing financial assistance to projects are authorized to
investigate compliance by any contractor or sub-
contractor 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 requir-
ing 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 per-
son to obey the order issued under this paragraph,
any district court of the United States or of any ter-
ritory 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 re-
quiring such person to appear before the Secretary
of Labor or a representative designated by the Sec-
retary 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 pun-
ished by said court as a contempt thereof.
‘‘(b) REVIEW PROCEDURES.—
‘‘(1) ACTION BY THE SECRETARY.—The Sec-
retary of Labor shall issue regulations providing pro-
cedures for making determinations regarding the ap-
plication of this Act to contracts.
‘‘(2) COVERAGE REVIEW.—
‘‘(A) IN GENERAL.—Any interested person,
as defined in regulations issued by the Sec-
retary of Labor, shall have the right to request
the Secretary of Labor to make a determination
regarding the applicability of the Act to a con-
tract. Such determination shall be binding upon
the Federal agencies awarding contracts or pro-
viding 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 re-
quired 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 (includ-
ing, 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, can-
cellation, and termination).
‘‘(B) REVIEW.—Any person adversely af-
fected or aggrieved by a determination by the
Secretary of Labor made on a petition filed
pursuant to subparagraph (A), may obtain re-
view 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 peti-
tion praying that such determination be modi-
fied 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 me-
chanic employed to perform work under a con-
tract 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 limi-
tations 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 re-
funds 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 ADMINISTRA-
TIVE LAW JUDGE.—The petition described in sub-
paragraph (A) of paragraph (1) shall be referred to
the Chief Administrative Law Judge of the Depart-
ment 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 ad-
ministrative proceeding or judicial action initiated by
the Secretary of Labor for such wages or fringe ben-
efit payments pursuant to the authority of the Sec-
retary 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 peti-
tion.
‘‘(B) WITHHOLDING OF SUMS.—Upon de-
termination by the Administrative Law Judge
that a petitioner is likely to succeed on the mer-
its of the claim of petitioner, the Administrative
Law Judge shall notify the Secretary of Labor
who shall direct the Secretary of the depart-
ment or the head of the agency, or contracting
authority which entered into the contract sub-
ject to the requirements of section 1, to with-
hold from any amounts payable on account of
work performed by the contractor or sub-
contractor under such contract, any other con-
tract described in section 1(b), or any other fed-
erally funded or assisted contract the contractor
or subcontractor may have with the same con-
tractor, such sums as may be determined to be
necessary to satisfy any liabilities of such con-
tractor or subcontractor for unpaid wages and
reasonable attorney’s fees and costs as provided
in section 3(c)(5)(B).
‘‘(C) DETERMINATION
OF
APPLICABIL-
ITY.—Any petition that requires a determina-
tion 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 wit-
nesses in the courts of the United States.
‘‘(B) CONTUMACY.—In the case of contu-
macy, 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 re-
sides 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 Adminis-
trative Law Judge, to produce evidence if, as,
and when so ordered, and to give testimony re-
lating 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 Adminis-
trative 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 deci-
sion 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 de-
scribed in subparagraph (A). If such a request
is filed, the Secretary shall review the record
and either adopt the decision of the Administra-
tive Law Judge or issue exceptions. The deci-
sion of the Administrative Law Judge, together
with any exceptions, shall be deemed to be a
final agency action.
‘‘(6) DECISION.—The decision of the Adminis-
trative 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 peti-
tioner in an amount equal to the wages or
fringe benefit contributions that the responding
employer failed to pay in accordance with sec-
tion 1(a);
‘‘(B) the awarding of damages to the peti-
tioner 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 peti-
tioner, a reasonable attorney’s fee to be paid by
the responding employer and the cost of the ac-
tion.’’.
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, prosecu-
tion, 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 pay-
ment of wages determined in accordance with such
Act.
‘‘(2) REQUIREMENTS.—The regulations under
paragraph (1) shall include provisions—
‘‘(A) requiring contractors and subcontrac-
tors to submit, along with each payment re-
quest under the contract, a signed statement
certifying that all persons employed in the per-
formance 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 contrac-
tor or subcontractor under subsections (b) and
(c) are correct and accurate; and
‘‘(B) requiring lessors to submit every 3
months, during the period of construction sub-
ject 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, ex-
cept as permitted by regulations under this Act,
during the period covered by the payment re-
quest 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 (Crimi-
nal 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 per-
form 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