(a) In cases other than those forwarded to the Attorney General of
the United States under paragraph (b), of this section, where violations
of the labor standards clauses contained in Sec. 5.5 and the applicable
statutes listed in Sec. 5.1 result in underpayment of wages to
employees, the Federal agency or an authorized representative of the
Department of Labor shall request that restitution be made to such
employees or on their behalf to plans, funds, or programs for any type
of bona fide fringe benefits within the meaning of section 1(b)(2) of
the Davis-Bacon Act.
(b) In cases where the Agency Head or the Administrator finds
substantial evidence that such violations are willful and in violation
of a criminal statute, the matter shall be forwarded to the Attorney
General of the United States for prosecution if the facts warrant. In
all such cases the Administrator shall be informed simultaneously of the
action taken.
