‘‘(2) at the time such contractors and sub-
contractors submit under paragraph (1) the initial
and final payroll statements with respect to a con-
tract described in this subsection, the—
‘‘(A) name and address of each plan, fund,
or program—
‘‘(i) to which contributions are made;
or
‘‘(ii) on behalf of which costs are in-
curred for bona fide fringe benefits; and
‘‘(B) amount of each such contributions or
costs.
‘‘(c) PAYROLL RECORDS.—
‘‘(1) IN GENERAL.—Each contractor and sub-
contractor shall maintain payroll and other basic
records relating to payroll as required by regulations
issued by the Secretary of Labor and shall preserve
the records for a period of 3 years after completion
of the contract work.
‘‘(2) SUBMISSION OF RECORDS.—
‘‘(A) IN
GENERAL.—The contractor or
subcontractor shall submit payroll and related
records to the contracting officer or the author-
ized representatives of the Secretary of Labor
upon request, and make payroll and related
records available for inspection upon request.
‘‘(B) SUSPENSION
OF
PAYMENTS.—If a
contractor or subcontractor fails to make
records available in a timely manner as required
herein, the Secretary of Labor or authorized
representatives of the contracting officer may
suspend all payments to the contractor or sub-
contractor.
‘‘(C) STATEMENT.—Notwithstanding the
provisions of section 552 of title 5, United
States Code, any statement provided under this
section, with the exception of social security
numbers, may be obtained by any person from
any department or agency that is required by
law, regulation, or the terms of a contract or
grant to maintain a record of such statement.
‘‘(3) SUBPOENA.—The Secretary of Labor may
require, by subpoena testimony and the production
of payroll and related records, access to which is
provided by this section. Any such subpoena in the
case of contumacy or refusal to obey, shall be en-
forceable by order of an appropriate United States
district court.
‘‘(4) DEBARMENT.—The Secretary of Labor
may debar contractors, subcontractors, or other per-
sons pursuant to section 3(a)(2) of the Act of March
3, 1931 who fail to submit payroll records when re-
quested to do so or who fail or refuse to make pay-
roll records available for inspection, including con-
tractors and subcontractors who fail to retain re-
quired records, or who maintain or provide false
payroll records.
‘‘(5) PENALTY.—Any contractor, subcontractor,
or other person whose duty it shall be to employ, di-
rect, or control any laborer or mechanic employed in
the performance of any contract to which this Act
applies and who, other than inadvertently, provides
false payroll records to the United States under any
mechanism provided for in this section, shall be sub-
ject to a fine of not to exceed $25,000.
‘‘(d) APPLICABILITY.—This section shall not apply to
any contract or project that is exempt by its size from
the application of the Act of March 3, 1931 (commonly
referred to as the ‘Davis-Bacon Act’) (40 U.S.C. 276a et
seq.).’’.
SEC. 4. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT.
(a) REPORTING OF VIOLATIONS.—Section 104(a) of
the Contract Work Hours and Safety Standards Act (40
U.S.C. 330(a)) is amended by striking ‘‘Comptroller Gen-
eral of the United States’’ and inserting ‘‘Secretary of
Labor’’.
(b) WILLFUL
OR
GROSSLY
NEGLIGENT
VIOLA-
TIONS.—Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333) is amended—
(1) in subsection (d)(1), by striking ‘‘Comptrol-
ler General’’ and inserting ‘‘General Services Admin-
istration’’; and
(2) in subsection (d)(2), to read as follows:
‘‘(2) The General Services Administration shall in-
clude each name so transmitted on the Governmentwide
List of Parties Excluded From Federal Procurement and
Nonprocurement Programs. No contract shall be awarded
to the person or firm appearing on the list or to any firm,
corporation, partnership, or association in which such per-
son or firm has a substantial interest until 3 years have
elapsed from the date the name of the person or firm is
entered on the electronic version of the list.’’.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to all
contracts entered into pursuant to negotiations concluded,
or invitations for bid issued, on or after 180 days from
the date of enactment of this Act.
Æ
HR 2472 IH——2
HR 2472 IH——3