Page:United States Statutes at Large Volume 116 Part 2.djvu/389

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1171 (A) liquidated damages to be withheld for the use and benefit of the Government, territory, or District; and (B) unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under this chapter. (3) PAYMENT.—The Comptroller General shall pay the amount administratively determined to be due directly to the laborers and mechanics from amounts withheld on account of underpay- ments of wages if the amount withheld is adequate. If the amount withheld is not adequate, the Comptroller General shall pay an equitable proportion of the amount due. (c) RIGHT OF ACTION AND INTERVENTION AGAINST CONTRACTORS AND SURETIES. —I f 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 chapter, the laborers and mechanics, in the case of a department or agency of the Government, have the same right of action and intervention 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. (d) REVIEW PROCESS.— (1) TIME LIMIT FOR APPEAL. —Within 60 days after an amount is withheld as liquidated damages, any contractor or subcontractor aggrieved by the withholding may appeal to the head of the agency of the Government or territory for which the contract work is done or which is providing financial assistance for the work, or to the Mayor of the District of Columbia in the case of liquidated dsunages withheld for the use and benefit of the District. (2) REVIEW BY AGENCY HEAD OR MAYOR. — The agency head or Mayor may review the administrative determination of liquidated damages. The agency head or Mayor may issue a final order affirming the determination or may recommend to the Secretary of Labor that an appropriate adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability for the liquidated damages, if it is found that the amount is incorrect or that the contractor or subcontractor violated this chapter inadvertently, notwithstanding the exercise of due care by the contractor or subcontractor and the agents of the contractor or subcontractor. (3) REVIEW BY SECRETARY. —The Secretary shall review all pertinent facts in the matter and may conduct any investigation the Secretary considers necessary in order to affirm or reject the recommendation. The decision of the Secretary is final. (4) JUDICIAL ACTION.— ^A contractor or subcontractor aggrieved by a final order for the withholding of liquidated damages may file a claim in the United States Court of Federal Claims within 60 days after the final order. A final order of the agency head. Mayor, or Secretary is conclusive with respect to findings of fact if supported by substantial evidence. (e) APPLICABILITY OF OTHER LAWS. — (1) REORGANIZATION PLAN. —Reorganization Plan Numbered 14 of 1950 (efif. May 24, 1950, 64 Stat. 1267) applies to this chapter.

�