[8. 3303]

AN ACT

To amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors or subcontractors, and for other purposes ", approved March 3, 1931, is amended to read as follows:

"That 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 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 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.

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SEC. 2 Every contract within the scope of this Act 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.

"SEC. 3. (a) The Comptroller General of the United States is hereby 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 this Act; 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 this Act, 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.

"SEC. 4. This Act shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates.

"SEC. 5. This Act shall take effect thirty days after its passage, 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 at the time of the passage of this Act.

"SEC. 6. In the event of a national emergency the President is authorized to suspend the provisions of this Act.

"SEC. 7. The funds appropriated and made available by the Emergency Relief Appropriation Act of 1935 (Public Resolution Numbered 11, Seventy-fourth Congress), are hereby made available for the fiscal year ending June 30, 1936, to the Department of Labor for expenses of the administration of this Act.'

Approved, August 30, 1935.

[S. 3447]

AN ACT

To amend an Act entitled "An Act to authorize the collection and editing of official papers of the Territories of the United States now in the National Archives", approved March 3, 1925, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act entitled "An Act to authorize the collection and editing of official papers of the Territories of the United States now in the National Archives", approved March 3, 1925, as amended by the Act approved February 28, 1929 (U. S. C., Supp. 7, title V, sec. 168a), be, and the same is hereby, amended to read as follows:

"168a. The Public Printer shall print, bind, and deliver to the Superintendent of Documents, for distribution as may be directed by the Secretary of State, one thousand two hundred and twentyseven copies of each volume of the Official Papers Relating to the Territories of the United States, of which not to exceed three copies shall be furnished to the Vice President and each Senator and one copy to each Representative, Delegate, and Resident Commissioner; four copies to the library of the Department of the Interior; and one copy of each volume to those historical associations, commissions, museums, or libraries and other nondepository libraries, which shall not exceed eight in number within each State, Territory, or insular possession, and which have been or hereafter may be designated by the Governor thereof to the Secretary of State of the United States, and the residue of the said one thousand two hundred and twentyseven copies shall be for the Department of State for such use as the Secretary of State may deem appropriate.

"168b. In addition to the foregoing there shall be furnished to the Superintendent of Documents a sufficient number of copies of each volume for distribution to such depository libraries as may make written application therefor; and

To the Library of Congress for international exchange and for official use in Washington, District of Columbia, not to exceed one hundred and fifty copies.

The "usual number" shall not be printed.

"168c. The historical associations, commissions, museums, or libraries and other nondepository libraries within each State, Territory, or insular possession which have been or hereafter may be designated by the Governor thereof to receive these publications shall, during their existence, receive the succeeding volumes, the distribution of which shall be made by the Superintendent of Documents in accordance with the lists of designations transmitted to him by the Secretary of State, and a new designation may be made by the Governor only when a designated association, commission, museum, or library shall cease to exist or other designation may be authorized by law.

"168d. For defraying the expenses to be incurred in carrying out the provisions of this Act, including the employment, either in or outside of the District of Columbia, of not to exceed five historical experts, especially informed on the various phases of the territorial history of the United States, without regard to the Classification Act of 1923, as amended, and the civil-service rules, and for all other purposes, including salaries for personnel, printing and binding, contingent expenses and traveling expenses, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not more than the sum of $125,000, and under this authorization not more than $50,000 shall be appropriated for any one year."

Approved, February 14, 1936.

[H. R. 12027]

AN ACT

To authorize the execution of plans for a permanent memorial to Thomas Jefferson.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Thomas Jefferson Memorial Commission (hereinafter referred to as the Commission), heretofore created for the purpose of considering and formulating plans for designing and constructing a permanent memorial in the city of Washington, District of Columbia, to the memory of Thomas Jefferson, shall determine upon a plan and design for, and proceed with the construction of, such memorial upon a site selected by the Commission, under a contract or contracts hereby authorized to be entered into in a total sum not exceeding $3,000,000. SEC. 2. In the execution of its functions the Commission

(a) May designate as its executive agent any officer, agency, or establishment of the Federal Government qualified and equipped to act in that capacity, and any such officer, agency, or establishment so designated is authorized to act as such agent.

(b) May avail itself of the assistance and advice of the Commission of Fine Arts, and the Commission of Fine Arts shall, upon request, render such assistance and advice.

(c) May make expenditures for personal services without regard to the provisions of the civil-service laws and regulations or the Classification Act of 1923, as amended, the purchase or preparation of plans, designs, and a imates, printing und binding, office equipment and supplies, contract stenograph repting service, books and periodicals, traveling expenses of hembers and employees of the Commission (including such expenss and allowares for members of the Commission when required to be in Was ington, District of Columbia, in connection with the work o Commission), and such other contingent and miscellaneous enses as may be necessary: Provided, That section 3709 of th Revised Statutes (U. S. C., title 41, sec. 5) shall not be construed to apply to any purchase or service rendered for the Commission under authority of

this subsection.

Approved, June 3, 1936.

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