HR 527 IH

To amend the Davis-Bacon Act to provide that a contractor under that Act who has repeated violations of the Act shall have its contract with the United States canceled and to require the disclosure under freedom of information provisions of Federal law of certain payroll information under contracts subject to the Davis-Bacon Act.

February 3, 1999

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend the Davis-Bacon Act to provide that a contractor under that Act who has repeated violations of the Act shall have its contract with the United States canceled and to require the disclosure under freedom of information provisions of Federal law of certain payroll information under contracts subject to the Davis-Bacon Act.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Davis-Bacon Enforcement Act of 1999'.

SEC. 2. REPEATED VIOLATIONS.

Section 3 of the Act of March 3, 1931 (40 U.S.C. 276a-2) (known as the Davis-Bacon Act) is amended by adding at the end the following:

`(c) If the Secretary determines that a contractor under a contract with the United States has established a pattern of violations of this Act, the Secretary shall cancel such contract and establish that such contractor is ineligible to receive a contract with the United States for a 10 year period designated by the Secretary unless the contractor is able to show the Secretary that such violations were not intentional but were the result of simple and unsystematic error.

SEC. 3. DISCLOSURE OF INFORMATION.

(a) GENERAL RULE- Section 552(a) of title 5, United States Code, is amended by adding at the end the following:

`(7) The names and addresses of employees in payroll records established under a contract which is subject to the Act of March 3, 1931 (40 U.S.C. 276a-2) (known as the Davis-Bacon Act) shall be made available, notwithstanding subsection (b)(6), for inspection in connection with an audit to determine compliance with such Act.'.

(b) CONSTRUCTION- Section 552a of title 5, United States Code, shall not be construed to prevent or prohibit the disclosure required by section 552(a)(7) of title 5, United States Code, as added by the amendment made by subsection (a).

END