Union Calendar No. 473
103D CONGRESS
2D SESSION
H. R. 1231
[Report No. 103–856]
A BILL
To amend the Act of March 3, 1931 (known as the
Davis-Bacon Act), to revise the standard for cov-
erage under that Act, and for other purposes.
OCTOBER 7, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 473
103D CONGRESS
2D SESSION
H. R. 1231
[Report No. 103–856]
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
MARCH 4, 1993
Mr. MURPHY (for himself and Mr. FORD of Michigan) introduced the
following bill; which was referred to the Committee on Education and Labor
OCTOBER 7, 1994
Additional sponsors: Mr. SANDERS, Mr. OLVER, Mr. VISCLOSKY, Mr. BROWN
of California, Mr. RAHALL, Mr. MINETA, Mr. FISH, Mr. EVANS, Mr.
OWENS, Ms. VELA´ZQUEZ, Mr. FILNER, Mr. BERMAN, Mr. BLACKWELL,
Mr. EDWARDS of California, Mr. FOGLIETTA, Mr. FRANK of Massachu-
setts, Mr. HOCHBRUECKNER, Mr. LANTOS, Mr. LIPINSKI, Mr. PASTOR,
Mr. SHARP, Mr. TORRES, Mrs. SCHROEDER, Mr. VENTO, Mr.
FINGERHUT, Mr. WYNN, Mr. SHAYS, Mr. ROEMER, Mr. ANDREWS of
New Jersey, Mr. BARCA of Wisconsin, Mr. HOAGLAND, Mr. NADLER, Mr.
HOLDEN, Mr. ANDREWS of Maine, Mr. MOAKLEY, Mr. GEJDENSON, Mr.
RIDGE, Mr. KLINK, Mr. STUPAK, Mr. KREIDLER, Mr. DURBIN, Mr. ACK-
ERMAN, Mr. GORDON, Mr. YOUNG
of Alaska, Mr. BONIOR, Mr.
KOPETSKI, Mr. OBERSTAR, Mr. NEAL of Massachusetts, Mr. KILDEE,
Mr. HAMBURG, Mr. STOKES, Mrs. KENNELLY, Mr. MATSUI, Mr. MAR-
KEY, and Mr. COPPERSMITH
OCTOBER 7, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 4, 1993]
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 Representa-
tives 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) (40 U.S.C. 276a et seq.) 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) REQUIRED PROVISIONS.—
‘‘(1) IN GENERAL.—A contract described in sub-
section (b) shall—
‘‘(A) 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
subsection (b) to be prevailing for the cor-
responding classes of laborers and mechanics em-
ployed 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
‘‘(B) contain a stipulation that the contrac-
tor 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;
the full amounts accrued at time of payment ir-
respective of any contractual relationship which
may be alleged to exist between the contractor or
subcontractor and such laborers or mechanics.
‘‘(2) LABORER
OR
MECHANIC.—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.—Unless exempted or otherwise
limited by Federal law, the requirements of subsection
(a) apply to—
‘‘(A) any contract for the construction,
prosecution, completion, alteration, repair, ren-
ovation, or reconstruction of buildings or
works—
‘‘(i) to which the United States or the
District of Columbia is a party,
‘‘(ii) which is financed in whole or in
part by loans, grants, revolving funds or
loan guarantees from the United States, or
‘‘(iii) which is to be performed on land
owned by the United States, and
‘‘(B) which is in excess of—
‘‘(i) $100,000 for new construction (in-
cluding painting and decorating), or
‘‘(ii) $15,000 for alteration, repair,
renovation, rehabilitation, or reconstruction
(including painting and decorating),
of buildings or works.
‘‘(2) PREEMPTION.—Neither the requirements of
subsection (a) or the provisions of any other Federal
law or regulation shall preempt the application of re-
quirements for the payment of wages or fringe bene-
fits, or both, adopted by State, local, and tribal
governments otherwise applicable to contracts covered
under paragraph (1)(A)(ii) or (1)(A)(iii), unless com-
pliance with such requirements would make it impos-
sible to comply with the requirements of subsection
(a).
‘‘(3) MULTIPLE CONTRACTS.—
‘‘(A) 
IN
GENERAL.—Any 
or 
more
contracts for any construction project (including
any alteration, repair, renovation, rehabilita-
tion, reconstruction, painting or decorating
project) that—
‘‘(i) individually do not exceed the ap-
plicable amount prescribed by paragraph
(1)(B);
‘‘(ii) in the aggregate do exceed such
amount; and
‘‘(iii) all relate to the same work or re-
lated work at the same project;
shall be treated as a single contract for purposes
of subsection (a).
‘‘(B) ENFORCEMENT.—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 Sec-
retary of the department, the head of the agency,
or contracting authority 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) RELIEF.—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 appro-
priate, 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, the head of the agency, or
contracting authority 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, based on
the difference between the wages paid under
such contracts and the wages required to be
paid under such contracts by subsection (a).
‘‘(D) ATTORNEY’S FEES.—If an interested
person prevails in an action brought under sub-
paragraph (B), the court in such action shall as-
sess the defendants in the action a reasonable
attorney’s fee and other litigation costs reason-
ably incurred by the interested person.
‘‘(4) LEASES.—If the United States or the Dis-
trict of Columbia has entered into a contract to lease
a building or work or portion thereof and if perform-
ance of a contract for the construction, alteration, re-
pair, renovation, rehabilitation, 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, re-
pair, 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 em-
ployed 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 individ-
ually registered in a bona fide apprenticeship
program registered with the Bureau of Appren-
ticeship 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 appren-
tice in such an apprenticeship program and is
not individually registered in the program but
has been certified by the Bureau of Apprentice-
ship 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 which has received prior ap-
proval which is evidenced by formal certification by
the Bureau of Apprenticeship and Training of the De-
partment of Labor.
‘‘(3) WAGE RATES.—Notwithstanding any other
provision of law, no apprentice or trainee will be per-
mitted 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 de-
scribed in paragraph (1) or (2).
‘‘(4) 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 classifica-
tion 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 du-
ties of either a laborer or a mechanic; and
‘‘(C) the helper is not used as an informal
apprentice or trainee.
‘‘(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 con-
tract 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 trust-
ee 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 antici-
pated in providing benefits to laborers and me-
chanics pursuant 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 acci-
dental insurance, for vacation and holiday pay, for
defraying costs of apprenticeship, joint labor-manage-
ment committees 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) DEFINITION.—For purposes of paragraph
(2), 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 mechan-
ics employed on projects of a character similar to the
contract work in the city, town, or other civil subdivi-
sion 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. In making such a determination for
projects of a particular character in an area, the Sec-
retary shall consider the wages paid for all projects
regardless of the source of funding of the same char-
acter in the area under contracts which have been en-
tered into for amounts not less than the amounts pre-
scribed by clause (i) or (ii) of section 2(b)(1)(B).
‘‘(2) WAGE DETERMINATIONS.—For purposes of
a contract subject to section 2(a), the Secretary shall
issue wage determinations based upon the most recent
data that is submitted to the Secretary. No wage de-
termination that is based on data that is older than
3 years shall be considered ‘prevailing’ within the
meaning of this Act. In the event that the Secretary
has no such data, the prevailing wage for purposes of
such contract shall be the highest prevailing wage de-
termined 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.
‘‘(c) WAGE PAYMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the obligation of a contractor or sub-
contractor to make wage payments in accordance
with the prevailing wage determinations of the Sec-
retary, insofar as this Act and other Acts incorporat-
ing this Act by reference are concerned, may be dis-
charged 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 com-
mitment to bear the costs of a plan or program
of a type referred to in subsection (a)(2); or
‘‘(D) any combination thereof.
‘‘(2) CONTRIBUTIONS AND COSTS.—Unless other-
wise provided in a bona fide collective bargaining
agreement, in discharging the obligation to make
wage payments to laborers and mechanics in accord-
ance with the prevailing wage determinations of the
Secretary, a contractor or subcontractor may only in-
clude 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 de-
termined by the Secretary to be prevailing under sub-
section (b). Credit for contributions made to a fringe
benefit plan will be allowed only to the extent that
they are based on the effective annual rate of con-
tributions for all hours worked during the calendar
year by the laborers and mechanics covered by the
plan.
‘‘(d) OVERTIME.—In determining the overtime pay to
which a laborer or mechanic is entitled under any Federal
law, the regular or basic hourly rate of pay (or other alter-
native rate upon which premium rate of overtime com-
pensation 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 prevail-
ing 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 in-
curred 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 me-
chanic 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,
mechanic, or interested person, shall investigate compliance
by a contractor with the requirements of section 2 and may
take such action under section 7(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, head of an agency, or
contracting authority determines that a contract en-
tered into by the Secretary, agency head, or contract-
ing authority which involves construction (including
alteration, repair, renovation, rehabilitation, recon-
struction, painting, or decorating) of a building or
works is not subject to section 2(a), any interested
person may petition the Administrator to review such
determination. The Administrator shall complete the
review requested and issue a decision within 60 days
of the date the petition is received. Such decision shall
be reviewable by the Secretary of Labor who shall
make a determination within 90 days. Such deter-
mination shall be binding upon the Secretary of a de-
partment, agency head or contracting authority.
‘‘(2) JUDICIAL REVIEW.—
‘‘(A) IN GENERAL.—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) failure of the Secretary to take
action concerning a petition filed under
paragraph (1),
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 Co-
lumbia 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 and to
other interested persons.
‘‘(B) FILING OF RECORD.—Upon transmit-
tal of the petition, the Secretary shall file in the
court the record of the proceeding upon which the
decision to be reviewed was made and the ques-
tions 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 deter-
mined in the proceeding; and
‘‘(ii) shall have the power—
‘‘(I) to grant such temporary re-
lief or restraining order as it deems
just and proper;
‘‘(II) to decide all relevant ques-
tions of law, interpret constitutional
and statutory provisions, and deter-
mine the meaning or applicability of
the terms of the determination subject
to review and in so doing, the court
shall apply the standards of review set
forth in section 706 of title 5, United
States Code;
‘‘(III) to make and enter upon the
pleadings, testimony, and proceedings
set forth in the record a decree affirm-
ing, modifying, or setting aside, in
whole or in part, the determination
subject to review; and
‘‘(IV) to enforce such determina-
tion 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) ADMINISTRATIVE COMPLAINT PROCEDURE.—
‘‘(1) IN
GENERAL.—Any laborer or mechanic
under—
‘‘(A) a contract with the United States or
the District of Columbia, or
‘‘(B) any other contract described in section
2(b)(1),
or any interested person may file an administrative
complaint with the Administrator to review the wage
payments to the laborer or mechanic under such con-
tract to determine if the wage payments have been
made in accordance with section 2(a).
‘‘(2) ADMINISTRATOR.—
‘‘(A) DETERMINATION.—The Administrator
shall determine if wage payments have been
made in accordance with section 2(a) within 120
days of the receipt of the administrative com-
plaint.
‘‘(B) HEARING.—Either the complainant or
the employer involved in the administrative com-
plaint may, within 15 days of the date of issu-
ance 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) REQUEST
FOR
REFERENCE.—If the
Administrator does not make a determination on
an administrative complaint within 120 days of
its receipt, the complainant may request that the
administrative complaint be referred 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 administrative
complaint.
‘‘(3) ADMINISTRATIVE LAW JUDGE.—
‘‘(A) IN GENERAL.—The administrative law
judge—
‘‘(i) to whom a determination of the
Administrator has been referred under a re-
quest for a hearing under paragraph (2)(B);
or
‘‘(ii) to whom an administrative com-
plaint has been referred under a request for
a hearing pursuant to paragraph (2)(C);
shall within 90 days of a request conduct a hear-
ing on the record in accordance with section 554
of title 5, United States Code, with respect to
such administrative complaint or determination.
‘‘(B) HEARINGS.—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 sec-
tion. 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. In the case of
contumacy, failure, or refusal of any person to
obey such order, 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 per-
son who is guilty of contumacy, failure, or re-
fusal is found, or resides or transacts business,
upon the application by the Administrator or the
complainant, shall have jurisdiction to issue to
such person an order requiring such person to
appear before him or representative designated
by him, 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 issue a deci-
sion as to whether wage payments have been
made in accordance with section 2(a) within 30
days after he receives the transcript of the hear-
ing proceedings.
‘‘(C) REVIEW BY SECRETARY.—Within 30
days of the date of issuance of the decision by an
administrative law judge, the complainant or the
employer involved in the petition may request
the Secretary to review the decision of the ad-
ministrative law judge. The decision of the ad-
ministrative law judge shall be deemed to be a
the requirements of section 2 to withhold from any
moneys payable on account of work performed by the
contractor or subcontractor under such contract, any
other contract described in section 2(b)(1), or any
other federally-funded or assisted contract the contrac-
tor or subcontractor may have with the same contrac-
tor, such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or sub-
contractor for unpaid wages and liquidated damages
as provided in paragraph (5)(A).
‘‘(5) DECISION.—The decision of the Adminis-
trator, an administrative law judge, or the Secretary
on a petition under this subsection for the review of
the wage payments under a contract may include—
‘‘(A) the awarding of damages to the peti-
tioner 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 ac-
cordance with such section; and
‘‘(B) in addition to any award to the peti-
tioner, a reasonable attorney’s fee to be paid by
the employer and the cost of the action.
‘‘(6) PAYMENTS.—The Secretary shall pay di-
rectly to laborers and mechanics from any accrued
payments withheld under the terms of the contract
any wages found by the Secretary of Labor under this
subsection to be due laborers and mechanics under
section 2(a). The Secretary shall distribute a list to
all departments of the Federal Government giving the
names of the person or corporation, or both, partner-
ship or association the Secretary of Labor has found
under this subsection to have disregarded their obliga-
tions to employees and subcontractors. No contract
shall be awarded to the persons, corporations, or part-
nerships or associations appearing on this list or to
any corporation, partnership, or association in which
such persons have an interest until 3 years (or 5
years in the case of a second debarment) have elapsed
from the date of publication of the list containing the
names of such persons or corporation, partnership, or
associations.
‘‘(7) RIGHT
OF
ACTION.—If the accrued pay-
ments withheld under the terms of a contract subject
to section 2(a) are insufficient to reimburse all the la-
borers and mechanics with respect to whom there has
been a failure to pay the wages required by such sec-
tion, the Secretary shall bring an action against the
contractor and the contractor’s sureties for the pay-
ment of the wages required by such section, and in
such an action it shall be no defense that such labor-
ers and mechanics accepted or agreed to accept less
than the required rate of wages or voluntarily made
refunds.
‘‘(8) 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 me-
chanics and other laborers or mechanics similarly sit-
uated. No laborer or mechanic may be a party plain-
tiff 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 (c) 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 de-
fendant and the cost of the action.
‘‘SEC. 5. TERMINATIONS.
‘‘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 or subcontract, the Govern-
ment may, by written notice to the contractor, terminate
the right of such contractor 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 comple-
tion by contract or otherwise. The contractor and its sure-
ties 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. 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 pro-
cedures to be observed by contracting officers with re-
spect to contracts to which this Act applies.
An action by the Secretary under section 4 or this section
or by a court under section 4 to enforce the requirements
of this Act with respect to a contract shall require the appli-
cation of this Act to the contract from the date of the con-
tract or the beginning of the work.
‘‘SEC. 8. DEFINITIONS.
‘‘As used in this Act:
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Wage and
Hour Division of the Department of Labor.
‘‘(2) CONSTRUCTION, ETC.—The terms ‘construc-
tion’, ‘prosecution’, ‘completion’, ‘repair’, ‘alteration’,
‘renovation’, and ‘reconstruction’ mean all types of
work performed by laborers and mechanics which re-
lates to a particular building or work financed in
whole or in part by loans, grants, revolving funds or
loan guarantees from the United States, or located on
land owned by the United States unless exempted or
otherwise limited by Federal law, including without
limitation, altering, remodeling, painting and deco-
rating, the transporting of materials and supplies to
or from the building or work by the employees of the
construction contractor or its subcontractors, includ-
ing independent hauling contractors, and the manu-
facturing or furnishing of materials, articles, supplies
or equipment for the project from facilities dedicated
exclusively, or nearly so, to the prosecution of the
building or work financed in whole or in part by
loans, grants, revolving funds or loan guarantees from
the United States, or located on land owned by the
United States unless exempted or otherwise limited by
Federal law.
‘‘(3) INTERESTED PERSON.—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 la-
borer or mechanic likely to be employed or to seek em-
ployment under such a contract, or any labor
organization which represents such a laborer or me-
chanic.
‘‘(4) PROJECT.—The term ‘project’ means all
construction necessary to complete a new facility,
building or work, or to complete an alteration, repair,
renovation, rehabilitation, or reconstruction (includ-
ing painting and decorating) of a facility, building or
work, regardless of the number of contracts involved
so long as all contracts are related in purpose and
time.
‘‘(5) SECRETARY.—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 every-
thing after ‘‘shall’’ the second time it appears and in-
serting in lieu thereof the following: ‘‘maintain pay-
roll 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 comple-
tion of such work, and furnish with respect to em-
ployees 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 ending 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 deduc-
tions made, and actual wages paid.’’; and
(2) by adding after the first sentence the follow-
ing: ‘‘If a contractor or subcontractor fails timely to
submit the certified payroll reports as required herein,
the Secretary of the department or the head of the
agency which entered into or authorized the funding
of the contract subject to the requirements of this sec-
tion shall suspend all payments to the contractor or
subcontractor. Any interested person may obtain a
copy of any statement provided under this section
from any department, agency or contracting author-
ity which is required by law, regulation, or the terms
of a contract or grant, 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 em-
ployers using electronic methods to comply with the report-
ing 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 facili-
tate electronic reporting of payroll information.
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