Page images
PDF
EPUB

accept less than the required rate of wages or voluntarily made refunds. (Mar. 3, 1931, ch. 411, 83, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011.) 8 276a-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, ch. 411, $ 4, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 276a, 276a-1, 276a-2, 276a-4, 276a-5, 276a-7, of this title and title 16, section 779e; title 33, section 466e ; title 38, sec. tion 5035 ; title 41, sections 42, 258; title 42, section 1416.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 31-1053 of the District of Columbia Code. $ 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 oustanding on August 30, 1935. (Mar. 3, 1931, ch. 411, § 5, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011.)

PROVISION OF LAW WHICH AFFECTS But Does Not AMEND THE

DAVIS-BACON Act

[blocks in formation]

The fact that any contract authorized by any act is entered into without regard to section 5 of title 41, or upon a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, shall not be construed to render inapplicable the provisions of sections 276a to 276a-5 of this title, if such act would otherwise be applicable to such contract. STATUTES RELATED TO DAVIS-Bacon ACT REQUIRING PAYMENT OF WAGES AT RATES

PREDETERMINED BY THE SECRETARY OF LABOR 1. The Davis-Bacon Act (secs. 1-7, 46 Stat. 1494, as amended ; Public Law 74 403, 40 U.S.C. 276a-276a-7).

2. The Federal-Aid Highway Act of 1956 (sec. 108(b), 70 Stat. 378, recodified at 72 Stat. 895 ; 23 U.S.C. 113(a), as amended), see particularly the amendments in the Federal-Aid Highway Act of 1968 (Public Law 90-495, 62 Stat. 815).

3. National Housing Act (sec. 212 added to c. 847, 48 Stat. 1246 by sec. 14, 53 Stat. 807 ; 12 U.S.C. 17150) and repeatedly amended.

4. Federal Airport Act (sec. 15, 60 Stat. 178; 49 U.S.C. 1114(b)). 5. Housing Act of 1949 (sec. 109, 63 Stat. 419, as amended; 42 U.S.C. 1459).

6. School Survey and Construction Act of 1950 (sec. 101, 72 Stat. 551, 20 U.S.C. 636(b) (1) (E), Public Law 85-620).

7. Defense Housing and Community Facilities and Services Act of 1951 (sec. 310, 65 Stat. 307, 42 U.S.C. 1592i).

8. U.S. Housing Act of 1937 (sec. 16, 50 Stat. 896, as amended ; 42 U.S.C. 1416). 9. Federal Civil Defense Act of 1950 (sec. 3(c), 72 Stat. 533, 50 U.S.C. App. 2281, Public Law 85-606).

10. Health Professions Educational Assistance Act of 1963 (sec. 2(a), 77 Stat. 164; 42 U.S.C. 2920 (c) (4) and 42 U.S.C. 293a (c) (5), Public Law 88–129).

1 Based on Public Law 77-82, Mar. 23, 1941, 55 Stat. 53 and Public Law 77-241, Aug. 21, 1941, 55 Stat. 658.

11. Mental Retardation Facilities Construction Act (secs. 101, 122, 135 ; 77 Stat. 282, 284, 288; 42 U.S.C. 295a (a) (2) (D), 2662 (5), 2675(a) (5), Public Law 88– 164).

12. Community Mental Health Centers Act (sec. 205, 77 Stat. 292; 42 U.S.C. 2685(a) (5), Public Law 88–164).

13. Higher Educational Facilities Act of 1963 (sec. 403, 77 Stat. 379 ; 20 U.S.C. 753, Public Law 88–204).

14. Vocational Educational Act of 1963 (sec. 7, 77 Stat. 408; 20 U.S.C. 35f, Public Law 88-210).

15. Library Services and Construction Act (sec. 7(a), 78 Stat. 13; 20 U.S.C. 35āc(a) (4), Public Law 88–269).

16. Urban Mass Transportation Act of 1964 (sec. 10, 78 Stat. 307 ; 49 U.S.C. 1609, Public Law 88-365).

17. Economic Opportunity Act of 1964 (sec. 607, 78 Stat. 532; 42 U.S.C. 2947, Public Law 88-452).

18. Hospital Survey and Construction Act, as amended by the Hospital and Medical Facilities Amendments of 1964 (sec. 605(a) (5), 78 Stat. 453 ; 42 U.S.C. 291e(a) (5), Public Law 88-443).

19. Housing Act of 1964 (adds sec. 516 (f) to Housing Act of 1949 by sec. 503, 78 Stat. 797; 42 U.S.C. 1486 (f), Public Law 88–560).

20. Commercial Fisheries Research and Development Act of 1964 (sec. 7, 78 Stat. 199; 16 U.S.C. 779e (b), Public Law 88–309).

21. Vurse Training Act of 1964 (sec. 2, 78 Stat. 909; 42 U.S.C. 296a (b (5), Public Law 88-581).

22. Appalachian Regional Development Act of 1965 (sec. 402, 79 Stat. 21 ; 40 U.S.C. App. 402, Public Law 90-103).

23. Act to provide Financial Assistance for Local Educational Agencies in areas affected by Federal activities (64 Stat. 1100, as amended by sec. 2, 79 Stat. 33; 20 U.S.C. 2411, Public Law 89-10).

24. Elementary and Secondary Education Act of 1965 (sec. 308, 79 Stat. 44; 20 U.S.C. 848, Public Law 89-10).

25. Cooperative Research Act of 1966 (sec. 4(c), added by sec. 403, Public Law 89–750, 79 Stat. 46 ; 20 U.S.C. 332a (c)).

26. Housing Act of 1961 (sec. 707, added by sec. 907, 79 Stat. 496; 42 U.S.C. 15000-3, Public Law 89–117).

27. Housing and Urban Development Act of 1965 (sec. 707, 79 Stat. 492; 42 U.S.C. 3107, Public Law 89–117).

28. Public Works and Economic Development Act of 1965 (sec. 712, 79 Stat. 575; 42 U.S.C. 3222, Public Law 89-136).

29. National Foundation on the Acts and Humanities Act of 1965 (sec. 5(k), 79 Stat. 846; 20 U.S.C. 954 (k), Public Law 89-209).

30. Federal Water Pollution Control Act as amended by sec. 4(g) of the Water Quality Act of 1965, (79 Stat. 910; 33 U.S.C. 466e(g), Public Law 89-234).

31. Heart Disease, Cancer and Stroke Amendments of 1965 (sec. 904, as added by sec. 2, 79 Stat. 928; 42 U.S.C. 299d (b) (4), Public Law 89-239).

32. National Capital Transportation Act of 1965 (sec. 3(b) (4), 79 Stat. 644; 40 U.S.C. 682(b) (4), Public Law 89–173) Note: Repealed December 9, 1969 and labor standards incorporated in sec. 1-1431 of the District of Columbia Code.

33. Vocational Rehabilitation Act (sec. 12(b), added by sec. 3, 79 Stat. 1284 ; 29 U.S.C. 41a (b) (4), Public Law 89-333).

34. Medical Library Assistance Act of 1965 (sec. 2, adding sec. 393 of the Public Health Service Act, 79 Stat. 1060; 42 U.S.C. 2805-3(b) (3), Public Law 89–291).

35. Solid Waste Disposal Act (sec. 207, 79 Stat. 1000; 42 U.S.C. 3256, Public Law 89–272).

36. National Technical Institute for the Deaf Act (sec. 5(b) (5), 70 Stat. 126; 20 U.S.C. 684 (b) (5), Public Law 89–36).

37. Demonstration Cities and Metropolitan Development Act of 1966 (secs. 110, 311, 503, 1003, 80 Stat. 1259, 1270, 1277, 1284; 42 U.S.C. 3310; 12 U.S.C. 17150; 42 U.S.C. 1416, Public Law 89-745).

38. Model Secondary School for the Deaf Act (sec. 4, 80 Stat. 1028, Public Law 89-695).

39. Delaware River Basin Compact (sec. 15.1, 75 Stat. 714, Public Law 87-328) (considered a statute for purposes of the plan.)

40. Alaska Purchase Centennial (sec. 2(b), 80 Stat. 8, Public Law 89–375).

41. Highway Speed Ground Transportation Study (sec. 6(b), 79 Stat. 895, 49 U.S.C. 1636 (b), Public Law 89–220).

42. Allied Health Professions Personnel Training Act of 1966 (80 Stat. 1222 ; 42 U.S.C. 295h (b) (2) (E), Public Law 89-751).

43. Air Quality Act of 1967 (sec. 307 added by sec. 2, 81 Stat. 506; 42 U.S.C. 1857j-3), Public Law 90-148).

44. Elementary and Secondary Education Amendments of 1967 (81 Stat. 819; 20 U.S.C. 880b-6, Public Law 90_247).

45. Vocational Rehabilitation Amendments of 1967 (81 Stat. 252, 29 C.S.C. 42a (c)(3), Public Law 90-391).

46. National Visitors Center Facilities Act of 1968 (sec. 110, 82 Stat. 45; 40 U.S.C. 808, Public Law 90-264).

47. Juvenile Delinquency Prevention and Control Act of 1968 (sec. 133, 82 Stat. 469 ; 42 U.S.C. 3843, Public Law 90–445).

48. New Communities Act of 1968 (sec. 410 of Public Law 90-448, 82 Stat. 516; 42 U.S.C. 3909).

49. Alcoholic and Narcotic Addict Rehabilitation Amendments of 1968 (sec. 243 (d) added by sec. 301, 82 Stat. 1008; 42 U.S.C. 2688h (d), Public Law 88–164).

50. Vocational Education Amendments of 1968 (sec. 106 added by sec. 101(b), 82 Stat. 1069, 20 U.S.C. 1246, Public Law 90-576).

51. Postal Reorganization Act (39 U.S.C. 410(b) (4) (c), Public Law 91 375).

52. Developmental Disabilities Services and Facilities Construction Amendments of 1970 (84 Stat. 1316, 42 U.S.C. 2675, sec. 135(a) (5), Public Law 91-517).

53. Rail Passenger Service Act of 1970 (84 Stat. 1327, 45 U.S.C. 565, sec. 405(d), Public Law 91-518).

54. Housing and Urban Development Act of 1970 (84 Stat. 1770, sec. 707 (a) and (b), Public Law 91-609, 42 U.S.C. 15000-3).

55. Airport and Airway Development Act of 1970 (84 Stat. 219, sec. 22(b), Public Law 91-258, 41 U.S.C. 1722(b)) (this Act provides for wage determination by the Secretary of Labor but does not subject the Act to Reorganization Plan No. 14).

56. Elementary and Secondary Education Amendments (84 Stat. 121, sec. 423, Public Law 91-230, 20 U.S.C. 1231 et seq.).

57. Housing Act of 1959 (73 Stat. 681, Public Law 86-372, 12 U.S.C. 17010(c) (3), Public Law 86-372).

58. Housing Act of 1950 (64 Stat. 78, 12 U.S.C. 1749a (f).

59. Area Redevelopment Act of 1961 (75 Stat. 61, Public Law 87–27, 42 U.S.C. 2518).

60. Mental Retardation Facilities and Community Mental Health Centers Construction Act Amendments of 1965 (79 Stat. 429, Public Law 89-105, 20 U.S.C. 618(g)).

61. Veterans Nursing Home Care Act of 1964 (78 Stat. 502, Public Law 8X 450, 38 U.S.C. 5035(a) (8)).

62. Education Amendments of 1972 (86 Stat. 331, Public Law 92-318).

63. Juvenile Delinquency Prevention and Control Act of 1968, amendment (86 Stat. 532, Public Law 92-381).

64. State and Local Fiscal Assistance Act of 1972, Public Law 92-512, October 20, 1972, 86 Stat. 919.

Public Law 88-349
88th Congress, H. R. 6041

July 2, 1964

An Act

To amend the prevalling wage section of the Davla-Bacon Act, as amended;

and related sections of the Federal Alrport Act, as amended; and the National Housing Act, as amended.

Be it enacted by the Senate and House of Representatives of the l'nited States of America in Congress assembled, That section 1 of Fodenal sostre the Act of March 3, 1931, as amended (46 Stat. 1494, as amended; 40 tion oontrat U.S.C. 276a), is hereby amended by designating the language of the laborors. present section as subsection (a) and by adding at the end thereof the benen en benefits,

49 Stat . following new subsection th

“(b) As used in this Act the term 'wages', 'scale of wages', 'wage rates', 'minimum wages', and 'prevailing wages' shall include 78 STAT, 238, "(1) the basic hourly rate of pay; and

78 STAT. 239. “(2) the amount of

"" (A) the rate of contribution irrevocably made by a con- Trustoe oontri. tractor or subcontractor to a trustee or to a third person bution. pursuant to a fund, plan, or program; and

“(B) the rate of costs to the contractor or subcontractor Benefit oosts. which may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforcible commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and

mechanics affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other Federal, State, or local

law to provide any of such benefits: Provided, that the obligation of a contractor or subcontractor to Payor obll.gen make payment in accordance with the prevailing wage determinations tions, mothod of the Secretary of Labor, insofar as this Act and other Acts incorpo- of payment. rating this Act by reference are concerned may be discharged by the making of payments in cash, by the making of contributions of a type referred to in paragraph (2)(A), or by the assumption of an enforcible commitment to bear the costs of a plan or program of a type referred to in paragraph (2)(B), or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to in paragraph (2).

“In determining the overtime pay to which the laborer or mechanic Overtime pay is entitled under any Federal law, his regular or basic hourly rate of computation, pay (or other alternative rate upon which premium rate of overtime co lusion of compensation is computed) shall be deemed to be the rate computed bonefit oosts. under paragraph (1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the provailing wage applicable to him under this Act, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually incurred with respect to him, the amount of contributions or costs of the types described in paragraph (2) actually incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount is the greater."

oots.

Pub. Law 88-349

-2

July 2, 1964 Airport proje

Sec. 2. Section 15(b) of the Federal Airport Act, as amended (60

Stat. 178, as amended; 49 U.S.C. 1114(b)), is hereby amended by 63 Stat. 480, inserting the words “in accordance with the Davis-Bacon Act, as 49 Stat, 1011. amended (40 U.S.C. 2762—276a-6)” after the words "Secretary of

Labor,". Housing proj- Sec. 3. Section 212(a) of the National Housing Act, as amended oots.

(58 Stat. 208, as amended; 12 U.S.C. 1715 (c)), is hereby amended by 53 Stat, 8073

inserting the words "in accordance with the Davis-Bacon Act, as 73 Stat. 667.

amended (40 U.S.C. 276a—276a-5),” after the words "Socretary of 12 USC 17150.

Labor,". Erreotivo date. SEC. 4. The amendments made by this Act shall take effect on the

ninetieth day after the date of enactment of this Act, but shall not 78 STAT, 239.

affect any contract in existence on such effective date or made there78 STAT. 240.

after pursuant to invitations for bids outstanding on such effective date and the rate of payments specified by section 1(b) (2) of the Act of March 3, 1931, as amended by this Act, shall, during a period of two hundred and seventy days after such effective date, become effective only in those cases and reasonable classes of cases as the Secretary of Labor, acting as rapidly as practicable to make such rates of payments fully effective, shall by rule or regulation provide Approved July 2, 1964.

LEGISLATIVE HISTORY :

HOUSE REPORT No. 308 ( Comen. on Eduoation & Labor).
SENATE REPORT No. 963 (Comm. on Labor & Public Welfare).
CONGRESSIONAL RECORD, Vol. 110 (1964).

Jan. 28. Considered and passed House.
June 23: Considered and passed Senate.

« PreviousContinue »