I
103D CONGRESS
1ST SESSION
H. R. 1231
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
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
subsection (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
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 Colum-
bia if the work is to be performed there; and
‘‘(B) contain a stipulation that the con-
tractor 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
‘‘(i) $100,000 for new construction
(including painting and decorating), or
‘‘(ii) $15,000 for alteration, repair,
renovation, rehabilitation, demolition or re-
construction (including painting and deco-
rating),
of buildings or works.
‘‘(2) PREEMPTION.—Neither the requirements
of subsection (a) or the provisions of any other Fed-
eral law or regulation shall preempt the application
of requirements for the payment of wages or fringe
benefits, or both, adopted by State, local, and tribal
governments otherwise applicable to contracts cov-
ered under paragraph (1)(A)(ii) or (1)(A)(iii), unless
compliance with such requirements would make it
impossible to comply with the requirements of sub-
section (a).
‘‘(3) MULTIPLE CONTRACTS.—
‘‘(A) IN GENERAL.—Any 2 or more con-
tracts for any construction project (including
any alteration, repair, renovation, rehabilitation,
reconstruction, demolition, painting or decorat-
ing 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
related work at the same project;
shall be treated as a single contract for pur-
poses 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 agen-
cy, or contracting authority which entered into
such contracts. Such an action may be brought
in any United States district court for the dis-
trict in which the violation of subsection (a) is
alleged to have been committed or in the United
States District Court for the District of Colum-
bia. 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 con-
tracts 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 con-
tracts 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
assess 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,
repair, renovation, rehabilitation, demolition or re-
construction 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 con-
struction, alteration, repair, renovation, rehabilita-
tion, or reconstruction of the facility shall be subject
to subsection (a) if the contract meets the require-
ments 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 sub-
section 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 individ-
ually registered in a program which has received
prior approval which is evidenced by formal certifi-
cation by the Bureau of Apprenticeship and Train-
ing of the Department 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 sub-
section (a) at less than the prevailing wage rate un-
less such apprentice or trainee is registered in a pro-
gram described 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
duties 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
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 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 result-
ing from occupational activity, or insurance to pro-
vide any of the foregoing, for unemployment bene-
fits, life insurance, disability and sickness insurance,
or accidental insurance, for vacation and holiday
pay, for defraying costs of apprenticeship, joint
labor-management 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 me-
chanics 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. In making such a deter-
mination for projects of a particular character in an
area, the Secretary shall consider the wages paid for
all projects regardless of the source of funding 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) 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 determination 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 pre-
vailing wage determined by the Secretary to be pre-
vailing 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 incor-
porating 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 pro-
gram of a type referred to in subsection (a)(2);
or
‘‘(D) any combination thereof.
‘‘(2) CONTRIBUTIONS AND COSTS.—Unless oth-
erwise 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
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 prevail-
ing under subsection (b). Credit for contributions
made to a fringe benefit plan will be allowed only to
the extent that they are based on the effective an-
nual rate of contributions for all hours worked dur-
ing 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 in-
curred 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 la-
borer or mechanic or the amount determined under sub-
section (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 sec-
tion 2 and may take such action under section 7(1) to
secure compliance with such requirements as may be ap-
propriate.
‘‘(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
entered into by the Secretary, agency head, or con-
tracting authority which involves construction (in-
cluding alteration, repair, renovation, rehabilitation,
reconstruction, demolition, painting, or decorating)
of a building or works is not subject to section 2(a),
any interested person may petition the Adminis-
trator to review such determination. The Adminis-
trator 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 determination shall be binding
upon the Secretary of a department, agency head or
contracting authority.
‘‘(2) JUDICIAL REVIEW.—
‘‘(A) IN GENERAL.—Any interested person
adversely affected or aggrieved by—
‘‘(i) the determination by the Sec-
retary 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 determina-
tion be modified or set aside. A copy of such pe-
tition shall be forthwith transmitted by the
clerk of the court in which it is filed to the Sec-
retary 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
questions determined in the proceeding as pro-
vided 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 proceed-
ings set forth in the record a decree
affirming, 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 Su-
preme 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 sec-
tion 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
contract to determine if the wage payments have
been made in accordance with section 2(a).
‘‘(2) ADMINISTRATOR.—
‘‘(A) 
DETERMINATION.—The 
Adminis-
trator shall determine if wage payments have
been made in accordance with section 2(a) with-
in 120 days of the receipt of the administrative
complaint.
‘‘(B) HEARING.—Either the complainant
or the employer involved in the administrative
complaint may, within 15 days of the date of is-
suance of the determination of the Adminis-
trator, request a hearing on the determination
by an administrative law judge. The determina-
tion 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 Depart-
ment of Labor for assignment to an Adminis-
trative Law Judge of the Department of Labor
to make the determination requested by the ad-
ministrative 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
request 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
hearing on the record in accordance with sec-
tion 554 of title 5, United States Code, with re-
spect to such administrative complaint or deter-
mination.
‘‘(B) HEARINGS.—In any proceeding be-
fore an administrative law judge, the employer
under the contract reviewed shall have the bur-
den of demonstrating that the wage payments
under the contract were made in accordance
with such section. 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. Wit-
nesses shall be paid the same fees and mileage
that are paid witnesses in the courts of the
United States. In the case of contumacy, fail-
ure, or refusal of any person to obey such
order, any District Court of the United States
or of any Territory or possession, within the ju-
risdiction 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
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 there-
of. The administrative law judge shall issue a
decision as to whether wage payments have
been made in accordance with section 2(a) with-
in 30 days after he receives the transcript of
the hearing 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 re-
quest 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 Sec-
retary does not grant a request to review the
decision of the administrative law judge.
‘‘(D) GRANTING
OF
REQUEST
TO
RE-
VIEW.—The Secretary may grant a request to
review a decision of an administrative law judge
only if the Secretary determines that the re-
quest presents a substantial question of law or
fact. If the Secretary grants a request for a re-
view, the Secretary, within 90 days after receiv-
ing the request, shall review the record and ei-
ther 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) WITHHOLDING
OF
SUMS.—Upon deter-
mination by the Administrator pursuant to para-
graph (2), or the administrative law judge pursuant
to paragraph (3), based on a finding that petitioner
is likely to succeed on the merits of his or her claim,
the Secretary of Labor shall direct the Secretary of
the department or the head of the agency, or con-
tracting authority which entered into the contract
subject to the requirements of section 2 to withhold
from any moneys payable on account of work per-
formed by the contractor or subcontractor under
such contract, any other contract described in sec-
tion 2(b)(1), or any other federally-funded or as-
sisted contract the contractor or subcontractor may
have with the same contractor, such sums as may be
determined to be necessary to satisfy any liabilities
of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in para-
graph (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, partnership or association the Secretary of
Labor has found under this subsection to have dis-
regarded their obligations to employees and sub-
contractors. No contract shall be awarded to the
persons, corporations, or partnerships or associa-
tions 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 associa-
tions.
‘‘(7) RIGHT OF ACTION.—If the accrued pay-
ments withheld under the terms of a contract sub-
ject to section 2(a) are insufficient to reimburse all
the laborers and mechanics with respect to whom
there has been a failure to pay the wages required
by such section, the Secretary shall bring an action
against the contractor and the contractor’s sureties
for the payment of the wages required by such sec-
tion, 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 vol-
untarily 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 ac-
tion.
‘‘(d) CIVIL ACTIONS.—
‘‘(1) IN GENERAL.—Any employer who violates
section 2(a) shall be liable to each laborer or me-
chanic affected in the amount of the laborer or me-
chanic’s unpaid wages and, if the violation was will-
ful, in an additional equal amount as liquidated
damages.
‘‘(2) ACTIONS.—An action to recover the liabil-
ity 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 similarly
situated. No laborer or mechanic may be a party
plaintiff to any such action unless the laborer or me-
chanic 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
defendant 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 Gov-
ernment may, by written notice to the contractor, termi-
nate 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 completion by contract or otherwise. The contrac-
tor and its 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 im-
pair 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
respect 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
application of this Act to the contract from the date of
the contract 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 ‘con-
struction’, ‘prosecution’, ‘completion’, ‘repair’, ‘alter-
ation’, ‘renovation’, ‘demolition’ and ‘reconstruction’
mean all types of work performed by laborers and
mechanics which relates 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 Fed-
eral law, including without limitation, altering, re-
modeling, painting and decorating, the transporting
of materials and supplies to or from the building or
work by the employees of the construction contractor
or its subcontractors, including independent hauling
contractors, and the manufacturing 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 fi-
nanced in whole or in part by loans, grants, revolv-
ing 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 ‘inter-
ested person’ means any contractor likely to seek or
to work under a contract to which section 2(a) ap-
plies, 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.
‘‘(4) PROJECT.—The term ‘project’ means all
construction necessary to complete a new facility,
building or work, or to complete an alteration, re-
pair, renovation, rehabilitation, demolition or recon-
struction (including painting and decorating) of a fa-
cility, 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
inserting in lieu thereof the following: ‘‘maintain
payroll and other basic records relating to the pay-
roll 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 re-
spect 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 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 con-
tributions or costs anticipated for bona fide fringe
benefits), all deductions 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 here-
in, the Secretary of the department or the head of
the agency which entered into or authorized the