109th CONGRESS
1st Session
H. R. 4329
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.
IN THE HOUSE OF REPRESENTATIVES
November 15, 2005
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
A BILL
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 2005'.
SEC. 2. REPEATED VIOLATIONS.
Section 3144 of title 40, United States Code, 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 engaged in 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 errors.'.
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 subchapter IV of subtitle II of title
40, United States Code, shall be made available, notwithstanding subsection
(b)(6), for inspection in connection with an audit to determine compliance
with such Act.'.
(b) Construction- Section 552(a) 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
