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Code · BILL · 118th Congress · H.R. 5991 (Introduced in House) — To require the Commandant of the Coast Guard and the Commissioner of U.S. Customs and Border Protection to make certa... · Sec. 10

Sec. 10. Prevailing wage requirement

427 words·~2 min read·/bill/118/hr/5991/ih/section-10

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Chapter 81 of title 46, United States Code, is amended by adding at the end the following: The Secretary shall require the owner or operator of a covered facility to provide each individual who is manning or crewing the covered facility a prevailing wage (as such term is defined in section 3141 of title 40) as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40 (commonly referred to as the Davis-Bacon Act). The Secretary shall periodically, but not less than once annually, inspect each covered facility to verify that the owner or operator of such covered facility is in compliance with this section.
The Secretary may impose on the owner or operator of a covered facility a civil penalty of $10,000 per day for each day the owner or operator is not in compliance with this section. In this section, the term covered facility means any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control and operates under section 302(a)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(a)(3) ). .
Not later than 90 days after the date of the enactment of this Act, the Secretary shall, in consultation with the Secretary of Labor, promulgate regulations that specify the prevailing wage requirements under section 8108 of title 46, United States Code, as added by this section. Each exemption under section 30(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2) ) issued before the date of the enactment of this Act— shall not be affected by the amendments made by this section during the 120-day period beginning on the date of the enactment of this Act; and shall not be effective after such period.
Not later than 60 days after the date of the enactment of this Act, the Secretary shall notify all persons that hold an exemption described in paragraph
(1)that such exemption will expire as provided in paragraph (1). The prevailing wage requirements under section 8108 of title 46, United States Code, as added by this section, shall not be construed to apply to collective bargaining agreements at ports, marine terminals, or similar facilities that are in effect as of the date of enactment of this Act. The analysis for chapter 81 of title 46, United States Code, is amended by adding at the end the following: 8108. Prevailing wage requirement. .
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Sec. 10
Prevailing wage requirement
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