Title 40 — Public Buildings, Property, and Works
Part A · Chapter 31 — General
§ 3144. Authority to pay wages and list contractors violating contracts
Statutory text
Payment of Wages.—
In general.—
The Secretary of Labor shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this subchapter.
Right of action.—
If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor’s sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.
List of Contractors Violating Contracts.—
In general.—
The Comptroller General shall distribute to all departments of the Federal Government a list of the names of persons whom the Comptroller General has found to have disregarded their obligations to employees and subcontractors.
Restriction on awarding contracts.—
No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 107–217 · 116 Stat. 1062
Enacted · 40 U.S.C. § 3144
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152
Source evidence
Code source credit
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152Streamlining Claims Processing for Federal Contractor Employees Act
Pub. L. 113–50 § 2(a)(1) · 127 Stat. 578
Struck · 40 U.S.C. § 3144
Pub. L. 113–50, § 2(a)(1), struck out “of Comptroller General” after “Authority” in section catchline
Source evidence
Code amendment note
Pub. L. 113–50, § 2(a)(1), struck out “of Comptroller General” after “Authority” in section catchline.Enacted provision · exact public law section
(1) in the section heading, by striking “of Comptroller General”; andStreamlining Claims Processing for Federal Contractor Employees Act
Pub. L. 113–50 § 2(a)(2) · 127 Stat. 578
Substituted · 40 U.S.C. § 3144(a)(1)
Pub. L. 113–50, § 2(a)(2), substituted “Secretary of Labor” for “Comptroller General”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 113–50, § 2(a)(2), substituted “Secretary of Labor” for “Comptroller General”.Enacted provision · exact public law section
(2) in subsection (a)(1), by striking “Comptroller General” and inserting “Secretary of Labor”.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 3144(a)(1) | 40:276a–2(a) (1st sentence words before semicolon). | Mar. 3, 1931, ch. 411, § 3, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. |
| 3144(a)(2) | 40:276a–2(b). | |
| 3144(b) | 40:276a–2(a) (1st sentence words after semicolon, last sentence). | |
In subsection (b), the words “or firms” are omitted as being included in “persons”.
Editorial Notes
Amendments
2013—Pub. L. 113–50, § 2(a)(1), struck out “of Comptroller General” after “Authority” in section catchline.
Subsec. (a)(1). Pub. L. 113–50, § 2(a)(2), substituted “Secretary of Labor” for “Comptroller General”.
Credits
2002–2013 · 2 acts
- 2002Pub. L. 107–217, , 116 Stat. 1152
- 2013Pub. L. 113–50, § 2(a), , 127 Stat. 578.
Show as published
(Pub. L. 107–217, , 116 Stat. 1152; Pub. L. 113–50, § 2(a), , 127 Stat. 578.)