2021 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle II - Public Buildings and Works
Part A - General
Chapter 31 - General
Subchapter IV - Wage Rate Requirements
Sec. 3144 - Authority to pay wages and list contractors violating contracts

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Citation 40 U.S.C. § 3144 (2021)
Section Name §3144. Authority to pay wages and list contractors violating contracts
Section Text

(a) Payment of Wages.—

(1) 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.

(2) 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.


(b) List of Contractors Violating Contracts.—

(1) 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.

(2) 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.

Source Credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152; Pub. L. 113–50, §2(a), Nov. 21, 2013, 127 Stat. 578.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (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".

Publication Title United States Code, 2018 Edition, Supplement 3, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE II - PUBLIC BUILDINGS AND WORKS
PART A - GENERAL
CHAPTER 31 - GENERAL
SUBCHAPTER IV - WAGE RATE REQUIREMENTS
Sec. 3144 - Authority to pay wages and list contractors violating contracts
Contains section 3144
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 46 Stat. 1494
49 Stat. 1012
116 Stat. 1152
127 Stat. 578
Public Law References Public Law 107-217, Public Law 113-50
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