Comments on Legal Discussions Pertaining to Proposed Amendments to the Department of Labor's Regulations, Part 5

This document pertains to discussions on the proposed amendments in part 5 of the Department of Labor's title 29 Code of Federal Regulations. GAO found that, according to the Davis-Beacon Act, actives held off a construction site, or "across the street" instances, may be covered by the act. Proposed sections to part 5 would extend the act to off-site construction activities which are dedicated exclusively (or nearly so) to performance of the contract and are located in close proximity to the actual construction site. Further, part 5 helps to define the term "site of work." Proposed section 5.5(a)(2) would allow the withholding from contract funds of an amount sufficient to make restitution to underpaid workers from contracts other than the contract under which Davis Bacon Act violations occurred--in other words, a right of cross-withholding. Proposed section 5.5(b)(3) would permit the same withholding in connection with violations of the Contract Work Hours and Safety Standards Act.