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136 STAT. 1908 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(I) makes payment to such laborer or mechanic in an amount equal to the sum of— ‘‘(aa) an amount equal to the difference between— ‘‘(AA) the amount of wages paid to such laborer or mechanic during such period, and ‘‘(BB) the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period, plus ‘‘(bb) interest on the amount determined under item (aa) at the underpayment rate established under section 6621 (determined by substituting ‘6 percentage points’ for ‘3 percentage points’ in subsection (a)(2) of such section) for the period described in such item, and ‘‘(II) makes payment to the Secretary of a pen- alty in an amount equal to the product of— ‘‘(aa) $5,000, multiplied by ‘‘(bb) the total number of laborers and mechanics who were paid wages at a rate below the rate described in subparagraph (A) for any period during such year. ‘‘(ii) DEFICIENCY PROCEDURES NOT TO APPLY.—Sub- chapter B of chapter 63 (relating to deficiency proce- dures for income, estate, gift, and certain excise taxes) shall not apply with respect to the assessment or collec- tion of any penalty imposed by this paragraph. ‘‘(iii) INTENTIONAL DISREGARD.—If the Secretary determines that any failure described in clause (i) is due to intentional disregard of the requirements under subparagraph (A), such clause shall be applied— ‘‘(I) in subclause (I), by substituting ‘three times the sum’ for ‘the sum’, and ‘‘(II) in subclause (II), by substituting ‘$10,000’ for ‘5,000’ in item (aa) thereof. ‘‘(iv) LIMITATION ON PERIOD FOR PAYMENT.—Pursu- ant to rules issued by the Secretary, in the case of a final determination by the Secretary with respect to any failure by the taxpayer to satisfy the require- ment under subparagraph (A), subparagraph (B)(i) shall not apply unless the payments described in sub- clauses (I) and (II) of such subparagraph are made by the taxpayer on or before the date which is 180 days after the date of such determination. ‘‘(8) APPRENTICESHIP REQUIREMENTS.—The requirements described in this paragraph with respect to the construction of any qualified facility are as follows: ‘‘(A) LABOR HOURS.— ‘‘(i) PERCENTAGE OF TOTAL LABOR HOURS.—Tax- payers shall ensure that, with respect to the construc- tion of any qualified facility, not less than the applicable percentage of the total labor hours of the construction, alteration, or repair work (including such work performed by any contractor or subcontractor) Regulations. Deadline. Determination. Applicability. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00092 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw