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gram 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 make payment in accordance with the prevailing wage determinations of the Secretary of Labor, insofar as this Act and other Acts incorporating 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 is entitled under any Federal law, his regular or basic hourly rate of pay (or other alternative rate upon which premium rate of overtime compensation is computed) shall be deemed to be the rate computed under paragraph (1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the prevailing 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.

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 me chanics 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.

Approved March 3, 1931.

EXCERPT FROM ACT OF MARCH 23, 1941

(Ch. 26; 55 Stat. 49, 53; 40 U.S.C. 276a-7)

An Act to authorize the Secretary of the Navy to proceed with the construction of

certain public works, and for other purposes.

That the fact that any contract authorized by this or any other Act is entered into without regard to section 3709 of the Revised Statutes of the United States, 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 the Act of March 3, 1931, as amended by the Act of August 30, 1935 (49 Stat. 1011; U.S.C., title 40, sec. 276 (a)), if such Act would otherwise be applicable to such contract.

Approved March 23, 1941, 12 noon.

EXCERPT FROM ACT OF AUGUST 21, 1941

[Ch. 395; 55 Stat. 658, 664; 40 U.S.C. 276a-7)

An Act to authorize the Secretary of the Navy to proceed with the construction of

certain public works, and for other purposes.

36-210 0--84--51

That the fact that any contract authorized by this or any other Act is entered into without regard to section 3709 of the Revised Statutes of the United States, or upon a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, shall not be constructed to render inapplicable the provisions of the Act of March 3, 1931, as amended by the Act of August 30, 1935 (49 Stat. 1011; U.S.C., Supp. V, title 40, sec. 276 (a)), if such Act would otherwise be applicable to such contract

Approved August 21, 1941.

EXCERPT FROM ACT OF JUNE 13, 1934

(Ch. 482; 48 Stat. 948; 40 U.S.C. 276c) An Act to effectuate the purpose of certain statutes concerning rates of pay for

labor, by making it unlawful to prevent anyone from receiving the compensation contracted for thereunder, and for other purposes.

Sec. 2. The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with re spect to the wages paid each employee during the preceding week. Section 1001 of title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements.

Approved June 13, 1934.

EXCERPT FROM HOUSING AND URBAN-RURAL RECOVERY ACT OF 1983

(Public Law 98-181; 97 Stat. 1153, 1175; 40 U.S.C. 484b note)

REPEALERS

1

SEC. 126. (a)(1) Section 414 of the Housing and Urban Development Act of 1969 1 hereby is repealed.

(2) Notwithstanding paragraph (1), the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the terms of section 414 of such Act if, prior to the date of the enactment of this Act, either Secretary had requested the Administrator of General Services to transfer such property for such disposition.

(3) Notwithstanding paragraph (1), section 414(b) of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2).

Approved November 30, 1983.

See 40 U.S.C. 484b.

EXCERPT FROM HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974

(Public Law 93-383; 88 Stat. 633; 42 U.S.C. 5301 note)

LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE

Sec. 817. Assistance provided for in this Act, the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Demonstration Cities and Metropolitan Development Act of 1966, the Housing and Urban Development Acts of 1965, 1968, 1969, and 1970, and section 17 of the United States Housing Act of 1937 shall not be withheld or made subject to conditions or preference by reason of the tax-exempt status of bonds or other obligations issued or to be issued to provide financing for use in connection with such assistance, except where otherwise expressly provided or authorized by law.

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