contract was to be performed and executed and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract. The United States shall not be liable for the payment of any costs or expenses of any such suit. Aug. 24, 1935, c. 642, § 2, 49 Stat. 794.

$270c. Same; right of person furnishing labor or material to copy of bond

The Comptroller General is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and payment therefor has not been made or that he is being sued on any such bond, a certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution, and delivery of the original, and, in case final settlement of such contract has been made, a certified statement of the date of such settlement, which shall be conclusive as to such date upon the parties. Applicants shall pay for such certified copies and certified statements such fees as the Comptroller General fixes to cover the cost of preparation thereof. Aug. 24, 1935, c. 642, § 3, 49 Stat. 794.

§270d. Same; definition of "person" in sections 270a, 270b and 270c

The term "person" and the masculine pronoun as used in sections 270a-270c of this title shall include all persons whether individuals, associations, copartnerships, or corporations. Aug. 24, 1935, c. 642, § 4, 49 Stat. 794.

Davis-Bacon Act (§§ 276a-276a-5)

§276a. Rate of wages for laborers and mechanics

The advertised specifications for every contract in excess of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union, the Territory of Alaska, the Territory of Hawaii, or the District of Columbia, and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, town, village, or other civil subdivision of the State, or the Territory of Alaska, or the Territory of Hawaii in which the work is to be performed, or in the District of Columbia if the work is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction

or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents. Mar. 3, 1931, c. 411, § 1, 46 Stat. 1494; Aug. 30, 1935, c. 825, 49 Stat. 1011; June 15, 1940, c. 373, § 1, 54 Stat. 399.

§ 276a-1. Termination of work on failure to pay agreed wages; completion of work by Government

Every contract within the scope of sections 276a to 276a-5 of this title shall contain the further provision that in the event it is found by the contracting officer that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the Government may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. Mar. 3, 1931, c. 411, § 2, as added Aug. 30, 1935, c. 825, 49 Stat. 1011.

§ 276a-2. Payment of wages by Comptroller General from withheld payments; listing contractors violating

contracts

(a) The Comptroller General of the United States is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to sections 276a to 276a-5 of this title; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms.

(b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers

and mechanics, with respect to whom there has been a failure to pay the wages required pursuant to sections 276a to 276a-5 of this title, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. Mar. 3, 1931, c. 411, § 3, as added Aug. 30, 1935, c. 825, 49 Stat. 1011.

8276a-3. Effect on other Federal laws

Sections 276a to 276a-5 of this title shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates. Mar. 3, 1931, c. 411, § 4, as added Aug. 30, 1935, c. 825, 49 Stat. 1011. $276a-4. Effective date of sections 276a to 276a-5

Sections 276a to 276a-5 of this title shall take effect thirty days after August 30, 1935, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding on August 30, 1935. Mar. 3, 1931, c. 411, § 5, as added Aug. 30, 1935, c. 825, 49 Stat. 1011. 8276a-5. Suspension of sections 276a to 276a-5 during emergency

In the event of a national emergency the President is authorized to suspend the provisions of sections 276a to 276a-5 of this title. Mar. 3, 1931, c. 411, § 6, as added Aug. 30, 1935, c. 825, 49 Stat. 1011.

Eight-Hour Law (§§ 321-326)

$321. Eight-hour day on public works; river and harbor dredging; longer hours unlawful

The service and employment of all laborers and mechanics who are or may be employed by the Government of the United States or the District of Columbia, or by any contractor or subcontractor, upon a public work of the United States or of the District of Columbia, and of all persons who are or may be, employed by the Government of the United States or the District of Columbia, or any contractor or subcontractor, to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, is limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Government or of the District of Columbia, or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or mechanics or of such persons employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, to require or permit any such laborer or mechanic or any such person employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United

States or of the District of Columbia, to work more than eigh hours in any calendar day, except in case of extraordinary emer gency: Provided, That nothing in this section and section 32 of this title, shall apply or be construed to apply to persons em ployed in connection with dredging or rock excavation in an river or harbor of the United States or of the District of Columbi while not directly operating dredging or rock-excavating machin ery or tools, nor to persons engaged in construction or repair o levees or revetments necessary for protection against floods o overflows on the navigable rivers of the United States. Aug. 1 1892, c. 352, § 1, 27 Stat. 340; Mar. 3, 1913, c. 106, 37 Stat. 726. § 322. Violations

Any officer or agent of the Government of the United States o of the District of Columbia, or any contractor or subcontracto whose duty it shall be to employ, direct, or control any labore or mechanic employed upon a public work of the United State or of the District of Columbia, or any person employed to per form services similar to those of laborers and mechanics in cor nection with dredging or rock excavation in any river or harbo of the United States or of the District of Columbia, who sha intentionally violate any provision of section 321 of this titl shall be deemed guilty of a misdemeanor, and for each and ever such offense shall, upon conviction, be punished by a fine not t exceed $1,000, or by imprisonment for not more than six month or by both such fine and imprisonment, in the discretion of th court having jurisdiction thereof. Aug. 1, 1892, c. 352, § 2, 2 Stat. 340; Mar. 3, 1913, c. 106, 37 Stat. 726.

§ 324. Public contracts to provide for eight-hour day; stipula tion for penalty; inspectors to report violations; d duction of penalty; appeals; right of action in Cou of Claims

Every contract made to which the United States, any Territory or the District of Columbia is a party, and every such contra made for or on behalf of the United States, or any Territory, c said District, which may require or involve the employment c laborers or mechanics shall contain a provision that no laborer ( mechanic doing any part of the work contemplated by the contrac in the employ of the contractor or any subcontractor contractin for any part of said work contemplated, shall be required or per mitted to work more than eight hours in any one calendar da upon such work; and every such contract shall stipulate a penalt for each violation of such provision in such contract of $5 for eac laborer or mechanic for every calendar day in which he shall t required or permitted to labor more than eight hours upon sai work; and any officer or person designated as inspector of the wor to be performed under any such contract, or to aid in enforcin the fulfillment thereof, shall, upon observation or investigation forthwith report to the proper officer of the United States, or o any Territory, or of the District of Columbia, all violations of th provisions of this section directed to be made in every such con tract, together with the name of each laborer or mechanic who ha

been required or permitted to labor in violation of such stipulation and the day of such violation, and the amount of the penalties imposed according to the stipulation in any such contract shall be directed to be withheld for the use and benefits of the United States, the District of Columbia, or the Territory contracting by the officer or person whose duty it shall be to approve the payment of the moneys due under such contract, whether the violation of the provisions of such contract is by the contractor or any subcontractor. Any contractor or subcontractor aggrieved by the withholding of any penalty as hereinbefore provided shall have the right within six months thereafter to appeal to the head of the department making the contract on behalf of the United States or the Territory, and in the case of a contract made by the District of Columbia to the Commissioners thereof, who shall have power to review the action imposing the penalty, and in all such appeals from such final order whereby a contractor or subcontractor may be aggrieved by the imposition of the penalty hereinbefore provided, such contractor or subcontractor may, within six months after decision by such head of a department or the Commissioners of the District of Columbia, file a claim in the Court of Claims. June 19, 1912, c. 174, § 1, 37 Stat. 137; June 25, 1948, c. 646, § 19, 62 Stat. 989.

$325. Same; contracts excepted; work included; waiver in time of war; when penalty not to be imposed; eighthour law not affected

Nothing in section 324 of this title shall apply to contracts for transportation by land or water, or for the transmission of intelligence, or for the purchase of supplies by the Government, whether manufactured to conform to particular specifications or not, or for such materials or articles as may usually be bought in open market, except armor and armor plate, whether made to conform to particular specifications or not, or to the construction or repair of levees or revetments necessary for protection against floods or overflows on the navigable waters of the United States: Provided, That all classes of work which have been, or may be performed by the Government shall, when done by contract, by individuals, firms, or corporations for or on behalf of the United States or any of the Territories or the District of Columbia, be performed in accordance with the terms and provisions of section 324 of this title. The President, by Executive Order may waive the provisions and stipulations in this section and section 324 of this title as to any specific contract or contracts during time of war or a time when war is imminent. No penalties shall be imposed for any violation of such provision in such contract due any extraordinary events or conditions of manufacture, or to ny emergency caused by fire, famine, or flood, by danger to life r to property, or by other extraordinary event or condition on ecount of which the President shall subsequently declare the iolation to have been excusable. Nothing in this section or secion 324 of this title shall be construed to repeal or modify secions 321-323 of this title, or apply to contracts entered into under