Public Law 404. 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 co
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/statutes-at-large/vol-49/public-law-404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/74/403).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the ActRate of wages for laborers and mechanics employed on public buildings.Vol. 46, p. 1494; [U. S. C., p. 1788](/us/usc/p1788).*Post*, p. 1347. 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 excessProvision in advertised specifications respecting minimum wages. 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 ofDetermination of local prevailing rate.
Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects or 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 1012Stipulations in contracts respecting payments.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 Posting of wage scale.subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent Withholding portion of accrued payments from contractor.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.
“Sec.. 2. Termination of right of contractor to proceed. 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 Notice required.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 Liability of contractor.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. Payment of accrued payments withheld from laborers.
(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 List of contractors disregarding obligations.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 Prohibition on awarding contracts.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) Right of action against contractor and sureties. 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. Establishment of specific wage rates. 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. 1013 “Sec. 5. This Act shall take effect thirty days after its passage,Effective date. 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 isSuspension authorized. authorized to suspend the provisions of this Act. “Sec. 7. The funds appropriated and made available by theAppropriation available for administrative expenses.*Ante*, p. 115. 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. To provide for the donation of certain Army equipment to posts of the Veterans of Foreign Wars. 1935-08-30 826 Chapter 49 Stat. 1013 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 826.] AN ACT To provide for the donation of certain Army equipment to posts of the Veterans of Foreign Wars. August 30, 1935.[[H. R. 7199](/us/bill/74/hr/7199).][[Public, No. 404](/us/pl/74/404).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the ActArmy equipment.Donations of obsolete, extended.Vol. 48, p. 815, amended. entitled “An Act to provide for the donation of certain Army equipment to posts of the American Legion”, approved May 29, 1934, is amended
(1)by striking out the words “ of the American Legion ” where they appear the first time in such Act, and adding the words “or camp of organizations composed of honorably discharged soldiers, sailors, or marines,”;
(2)by striking out the comma after the word “post” where it appears in the expression “now held by such post” and adding “or camp,”; and
(3)striking out the words “of the American Legion” where they appear the third time in such Act and adding the words “or camps or organizations composed of honorably discharged soldiers, sailors, or marines”. Approved, August 30, 1935. To provide funds for cooperation with Cannon Ball School District, Sioux County, North Dakota, for extension of public-school buildings to be available for Indian children. 1935-08-30 827 Chapter 49 Stat. 1013 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 827.] AN ACT To provide funds for cooperation with Cannon Ball School District, Sioux County, North Dakota, for extension of public-school buildings to be available for Indian children. August 30, 1935.[[H. R. 8511](/us/bill/74/hr/8511).][
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Public Law 404
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 co
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