Public Law 847.
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/statutes-at-large/vol-49/public-law-847·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/74/846).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Government contracts.Contracts for materials, supplies, and equipment exceeding $10,000; representations to be included. That in any contract made and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States (all the foregoing being hereinafter designated as agencies of the United States), for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000, there shall be included the following representations and stipulations:
(a)Contractor is the manufacturer, etc. That the contractor is the manufacturer of or a regular dealer in the materials, supplies, articles, or equipment to be manufactured or used in the performance of the contract;
(b)Payment of prevailing minimum wages. That all persons employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract will be paid, without subsequent deduction or rebate on any account, not less than the minimum wages as determined by the Secretary of Labor to be the prevailing minimum wages for persons employed on similar work or in the 2037particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under said contract;
(c)That no person employed by the contractor in the manufacture Maximum hours of labor.or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract shall be permitted to work in excess of eight hours in any one day or in excess of forty hours in any one week;
(d)That no male person under sixteen years of age and no female Child and convict labor.person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in such contract; and
(e)That no part of such contract will be performed nor will any Working conditions in factories, etc.of the materials, supplies, articles, or equipment to be manufactured or furnished under said contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of said contract. Compliance with the safety, sanitary, and factory inspection Compliance with State safety, sanitary, etc., laws.laws of the State in which the work or part thereof is to be performed shall be prima-facie evidence of compliance with this subsection. Sec. 2. That any breach or violation of any of the representations and Damages for breach of contract.stipulations in any contract for the purposes set forth in section 1 hereof shall render the party responsible therefor liable to the United States of America for liquidated damages, in addition to damages Additional penalties.for any other breach of such contract, the sum of $10 per day for each male person under sixteen years of age or each female person under eighteen years of age, or each convict laborer knowingly employed in the performance of such contract, and a sum equal to the amount of any deductions, rebates, refunds, or underpayment of wages due to any employee engaged in the performance of such contract; and, in addition, the agency of the Cancelation of contracts.Open-market purchases; charging of additional cost to contractor.United States entering into such contract shall have the right to cancel same and to make open-market purchases or enter into other contracts for the completion of the original contract, charging any additional cost to the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of said contract set forth in section 1 hereof may be withheld from any amounts due on any such contracts or may be recovered in suits brought in the name of the United States of America by the Attorney General thereof. All Use of sums withheld.sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employees who have been paid less than minimum rates of pay as set forth in such contracts and on whose account such sums were withheld or recovered: *Provided*, That no claims by employees for *Proviso*.Filing of claims.such payments shall be entertained unless made within one year from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America. Sec. 3. The Comptroller General is authorized and directed to Distribution to Federal agencies of list of persons, etc., who have breached contracts.distribute a list to all agencies of the United States containing the names of persons or firms found by the Secretary of Labor to have breached any of the agreements or representations required by this 2038 Exclusion from future awards; duration.Act. Unless the Secretary of Labor otherwise recommends no contracts shall be awarded to such persons or firms or to any firm, corporation, partnership, or association in which such persons or firms have a controlling interest until three years have elapsed from the date the Secretary of Labor determines such breach to have occurred. Sec. 4. Administration by Department of Labor. The Secretary of Labor is hereby authorized and directed to administer the provisions of this Act and to utilize such Federal State, etc., assistance.officers and employees and, with the consent of the State, such State and local officers and employees as he may find necessary to assist in the administration of this Act and to prescribe rules and Appointment of administrative officer, attorneys, experts, and other personnel.regulations with respect thereto. The Secretary shall appoint, without regard to the provisions of the civil-service laws but subject to the Classification Act of 1923, an administrative officer, and such attorneys and experts, and shall appoint such other employees with regard to existing laws applicable to the employment and compensation of officers and employees of the United States, as he may from time to time find necessary for the administration of this Act. Investigations authorized.The Secretory of Labor or his authorized representatives shall have power to make investigations and findings as herein provided, and prosecute any inquiry necessary to bis functions in any part of the Rules, etc. United States. The Secretary of Labor shall have authority from time to time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Act. Sec. 5. Public hearings. Upon his own motion or on application of any person affected by any ruling of any agency of the United States in relation to any proposal or contract involving any of the provisions of this Act, and on complaint of a breach or violation of any representation or stipulation as herein provided, the Secretary of Labor, or an impartial representative designated by him, shall have the power to hold hearings and to issue orders requiring the attendance and testimony Witnesses; fees and mileage allowances.of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses Compulsory attendance.in the courts of the United States. In case of contumacy, failure, or refusal of any person to obey such an order, any District Court of the United States or of any Territory or possession, or the Supreme Court of the District of Columbia, within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person who is guilty of contumacy, failure, or refusal is found, or resides or transacts business, upon the application by the Secretary of Labor or representative designated by him, shall have jurisdiction to issue to such person an order requiring such person to appear before him or representative designated by him, to produce evidence Testimony.if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question : and any failure to obey such order of the court may be punished by said court as a contempt Findings of fact; effect of.thereof; and shall make findings of fact after notice and hearing, which findings shall be conclusive upon all agencies of the United States, and if supported by the preponderance of the evidence, shall be conclusive in any court of the United States; and the Secretary of Labor or authorized representative shall have the power, and is hereby authorized, to make such decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of this Act. Sec. 6. Exceptions in specific cases. Upon a written finding by the head of the contracting agency or department that the inclusion in the proposal or contract of the representations or stipulations set forth in section 1 will seriously impair the conduct of Government business, the Secretary of 2039Labor shall make exceptions in specific cases or otherwise when justice or public interest will be served thereby. Upon the joint Modification of contracts.recommendation of the contracting agency and the contractor, the Secretary of Labor may modify the terms of an existing contract respecting minimum rates of pay and maximum hours of labor as he may find necessary and proper in the public interest or to prevent injustice and undue hardship. The Secretary of Labor may provide Variations, etc.reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act respecting minimum rates of pay and maximum hours of labor or the extent of the application of this Act to contractors, as hereinbefore described. Whenever the Secretary Pay for overtime work.of Labor shall permit an increase in the maximum hours of labor stipulated in the contract, he shall set a rate of pay for any overtime, which rate shall be not less than one and one-half times the basic hourly rate received by any employee affected. Sec. 7. Whenever used in this Act, the word “person” includes one “Person” defined.or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. Sec. 8. The provisions of this Act shall not be construed to modify Buy American Act not affected.or amend title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved May 11 So in original. Vol. 47, p. 1520.3, 1933 (commonly known as the Buy American Act), nor shall the provisions of this Act be construed to modify or amend the Act entitled “An Act relating to the rate of wages for laborers Bacon-Davis Act.Vol. 46, p. 1494.and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes”, approved March 3, 1931 (commonly known as the Bacon-Davis Act), as amended from time to time, nor the laborPublic works projects.Vol. 48, p. 200.Emergency Relief Act.*Ante*, p. 118. provisions of title II of the National Industrial Recovery Act, approved June 16, 1933, as extended, or of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935; nor shall the provisions of this Act be construed to modify or amend the Act entitled “An Act to provide for the diversification of employment Federal prison industries.of Federal prisoners, for their training and schooling in trades and Vol. 46, p. 391; Vol. 48, p. 1211.occupations, and for other purposes”, approved May 27, 1930, as amended and supplemented by the Act approved June 23, 1934. Sec. 9. This Act shall not apply to purchases of such materials, Open market, etc., purchases not included.supplies, articles, or equipment as may usually be bought in the open market; nor shall this Act apply to perishables, including daily, livestock and nursery products, or to agricultural or farm products processed for first sale by the original producers; nor to any contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or the products thereof. Nothing Transportation, communication. contracts not included.Vol. 48, p. 1064.[U. S. C., p. 2081](/us/usc/p208).in this Act shall be construed to apply to carriage of freight or personnel by vessel, airplane, bus truck, express, or railway line where published tariff rates are in effect or to common carriers subject to the Communications Act of 1934. separability clause Sec. 10. If any provision of this Act, or the application thereof Separability clause.to any persons or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Sec. 11. This Act shall apply to all contracts entered into pursuant Effective date.to invitations for bids issued on or after ninety days from 2040*Proviso*.Representations as to minimum wages; scope. the effective date of this Act: *Provided, however*, That the provisions requiring the inclusion of representations with respect to minimum wages snail apply only to purchases or contracts relating to such industries as have been the subject matter of a determination by the Secretary of Labor. Approved, June 30, 1936. To amend section 5 of the Act of March 2, 1919, generally known as the “War Minerals Relief Act.” 1936-06-30 882 Chapter 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 49 Stat. 2040 74 2 public [CHAPTER 882.] AN ACT To amend section 5 of the Act of March 2, 1919, generally known as the “War Minerals Relief Act.” June 30, 1936.[[S. 1567](/us/bill/74/s/1567).][[Public, No. 847](/us/pl/74/847).] *Be it enacted by the Senate and, House of Representatives of the United States of America in Congress assembled*, War Minerals Relief Act. Claimants under, not deprived of benefits for failure to sue, etc. Vol. 40, p. 1274; Vol. 45, p. 1166. That no claimant who filed a claim in accordance with the provisions of section 5 of the Act entitled, “An Act to provide relief in cases of contracts connected with prosecution of the war, and for other purposes”, approved March 2, 1919, shall be deprived of any of the benefits of said Act as amended by the Act of February 13, 1929, by reason of failure to file suit under said amendment in the Supreme Court of the District of Columbia, or through abatement of any suit so filed. Review by Secretary of Interior upon matters of fact and newly presented evidence.Upon petition to the Secretary of the Interior in such abated suits and in claims wherein no suits were filed under the said amendment, the Secretary is hereby authorized and directed to review all such claims upon matters of fact and any newly presented evidence or facts not before his predecessors and, except where in conflict with the provisions of this Act, in the light of decisions of the courts in Awards.similar cases; and, in accordance with the provisions of the said Act, as amended, to make awards or additional awards in said claims as he may determine to be just and equitable. Sec. 2. Descent of deceased claimant’s rights to legal representative.Descent of rights of corporations ceasing to exist after filing claim. The rights of any deceased claimant under section 5 of said Act shall be held and considered to descend to the legal representatives as personal property of such deceased claimant. The rights of any corporation which filed a claim under section 5 of the Act of March 2, 1919, but which ceased to exist at any time after filing such claim, shall be held and considered to descend—
(1)to the persons who at the time such corporation ceased to exist were entitled under the laws of the State of incorporation to share in the assets of such corporation upon the dissolution thereof, or if any such person be dead, or dies after the enactment of this Act but before he receives the benefits of this Act, to his legal representative as personal property; and
(2)to any officer, director, or stockholder of such corporation at the time it ceased to exist as trustee for the persons or legal representatives referred to in clause (1); and such persons or their legal representatives and such officers, directors, and stockholders shall be entitled to the benefits of this Act. Sec. 3. Time limitation. This Act shall not authorize payment to be made of any claim not presented to the Secretary of the Interior within six months after its approval. Approved, June 30, 1936. To provide for the administration and maintenance of the Blue Ridge Parkway, in the States of Virginia and North Carolina, by the Secretary of the Interior, and for other purposes. 1936-06-30 883 Chapter 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 49 Stat. 2041 74 2 public 2041 [CHAPTER 883.] AN ACT To provide for the administration and maintenance of the Blue Ridge Parkway, in the States of Virginia and North Carolina, by the Secretary of the Interior, and for other purposes. June 30, 1936.[[H. R. 12455](/us/bill/74/hr/12455).][
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