August 30, 1935. [Public, No. 403.] Rate of wages for laborers and mechanics em ployed on public Vol. 46, p. 1494; buildings. U. S. C., Supp. Provision in ad vertised specifica of local prevailing rate. troller General, shall find the cost of performing the contract has been increased solely by reason of compliance with such subsequent Acts of Congress, if any, relating to the performance of contracts with agencies of the United States. Approved, August 29, 1935. CHAP. 825.-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 tions respecting in excess of $2,000, to which the United States or the minimum wages. 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 Determination 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 Stipulations in 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 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 portion of accrued 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 em contracts respecting payments. scale. Withholding payments from contractor. ployed 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. Termination of right of contractor Notice required. "SEC. 2. Every contract within the scope of this Act shall contain the further provision that in the event it is to proceed. 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. Liability of contractor. Payment of ac withheld from la List of contrac tors disregarding "SEC. 3. (a) The Comptroller General of the United crued States is hereby authorized and directed to pay directly borers. 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 obligations. 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 awarding conappearing 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. Prohibition on tracts. Right of action against contrac "(b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to tor and sureties. 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. Establishment "SEC. 4. This Act shall not be construed to supersede of specific wage or impair any authority otherwise granted by Federal rates. law to provide for the establishment of specific wage rates. 159602-40-vol. 347 Effective date. Suspension authorized. Appropriation available for ad "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 ministrative ex 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." penses. Ante, p. 115. August 30, 1935. [H. R. 6732.] [Public, No. 409.] Vol. 49, p. 1628. River and harbor improvement. work. Approved, August 30, 1935. CHAP. 831.-An Act Authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. Be it enacted by the Senate and House of Representative Prosecution and of the United States of America in Congress assembled, supervision of That the following works of improvement of rivers, harbors, and other waterways are hereby adopted and authorized, to be prosecuted under the direction of the Secretary of War and supervision of the Chief of Engineers, in accordance with the plans recommended in the respective reports hereinafter designated and subject to the conditions set forth in such documents; and that hereafter Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the War Department under the direction of the Secretary of War and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Congress: Enumeration of projects. Criehaven Harbor, Maine; House Document Numbered 310, Seventy-second Congress; Saco River, Maine; Rivers and Harbors Committee Document Numbered 11, Seventy-fourth Congress; Corea Harbor, Maine; Rivers and Harbors Committee Document Numbered 27, Seventy-fourth Congress; Lynn Harbor, Massachusetts; Rivers and Harbors Committee Document Numbered 7, Seventy-first Congress; Boston Harbor, Massachusetts; House Document Numbered 244, Seventy-second Congress; Boston Harbor, Massachusetts; Rivers and Harbors Committee Document Numbered 29, Seventy-fourth Congress; Mystic River, Massachusetts; Rivers and Harbors Committee Document Numbered 33, Seventy-fourth Congress; Gloucester Harbor and Annisquam River, Massachusetts; Rivers and Harbors Committee Document Numbered 39, Seventy-second Congress; Weymouth Fore River, Massachusetts; House Document Numbered 207, Seventy-second Congress; Weymouth Back River, Massachusetts; Rivers and Harbors Committee Document Numbered 32, Seventysecond Congress; Cape Cod Canal, Massachusetts; Rivers and Harbors Committee Document Numbered 15, Seventy-fourth Congress; New Bedford Harbor, Massachusetts; Rivers and Harbors Committee Document Numbered 16, Seventyfourth Congress; Vineyard Haven Harbor, Massachusetts; Rivers and Harbors Committee Document Numbered 65, Seventyfourth Congress; Thames River, Connecticut; Rivers and Harbors Committee Document Numbered 18, Seventy-fourth Congress; Connecticut River below Hartford, Connecticut; House Document Numbered 49, Seventy-third Congress. Connecticut River, above Hartford, Connecticut; House Document Numbered 27, Seventy-third Congress. New Haven Harbor, Connecticut; House Document Numbered 479, Seventy-second Congress; Southport Harbor, Connecticut; Rivers and Harbors Committee Document Numbered 36, Seventy-fourth Congress; Stamford Harbor, Connecticut; Rivers and Harbors Committee Document Numbered 8, Seventy-fourth Congress; Connecticut River, at East Hartford, Connecticut; The Secretary of War is authorized and directed to proceed with the construction of dikes, drainage gates, suitable pumping plants, and other facilities for controlling floods on the Connecticut River at East Hartford, Connecticut, pursuant to a special survey made by the district engineer at Providence, Rhode Island, supplementing the survey in House Document Number 308, Sixty-ninth Congress, First Session, and in conformity with either Plan A or Plan B designated in the report of said supplemental survey; selection of the plan to be executed shall be made by the Secretary of War, with the approval of the town of East Hartford: Provided, That the cost of such work shall not exceed $658,000: Provided further, That the prosecution of this project shall be subject to approval by the Board of Engineers for Rivers and Harbors; Mamaroneck Harbor, New York; Rivers and Harbors Committee Document Numbered 4, Seventy-fourth Congress; Mattituck Harbor, New York; House Document Numbered 8, Seventy-first Congress; Coney Island Creek, New York; Rivers and Harbors Committee Document Numbered 12, Seventy-third Congress; Sag Harbor, New York; Rivers and Harbors Committee Document Numbered 32, Seventy-fourth Congress; Buttermilk Channel, New York Harbor, New York; Rivers and Harbors Committee Document Numbered 55, Seventy-fourth Congress; New York Harbor, New York; House Document Numbered 183, Seventy-third Congress; Hudson River Channel at Weehawken and Edgewater, New Jersey: The existing project is hereby modified in accordance with the recommendations in the report submitted in Rivers and Harbors Committee Document Numbered 49, Seventy-second Congress; Hudson River Channel, New York and New Jersey; House Document Numbered 309, Seventy-second Congress; Tarrytown Harbor, New York; House Document Numbered 262, Seventy-second Congress; Rondout Harbor, New York; Rivers and Harbors Committee Document Numbered 17, Seventy-third Congress; Hudson River between Troy and Waterford, New York; Senate Document Numbered 155, Seventysecond Congress; Great Lakes-Hudson River Waterway; Rivers and Harbors Committee Document Numbered 20, Seventythird Congress. All Acts or parts of Acts inconsistent herewith are hereby repealed; New York and New Jersey Channels; Rivers and Harbors Committee Document Numbered 17, Seventyfirst Congress, and House Document Numbered 133, Seventy-fourth Congress; Cut-off channel between Raritan River and Arthur Kill, New Jersey; House Document Numbered 50, Seventy-third Congress; Rahway River, New Jersey; House Document Numbered 63, Seventy-third Congress. Elizabeth River, New Jersey; Rivers and Harbors Committee Document Numbered 24, Seventy-second Congress; Manasquan River, New Jersey; Commerce Committee Document, Seventy-fourth Congress; Compton Creek, New Jersey; House Document Numbered 58, Seventy-third Congress; Shrewsbury River, New Jersey; House Document Numbered 157, Seventy-first Congress, and Rivers and Harbors Committee Document Numbered 31, Seventyfourth Congress; Delaware River, between Philadelphia, Pennsylvania, and Trenton, New Jersey; Rivers and Harbors Committee Documents Numbered 11, Seventy-third Congress, and 66, Seventy-fourth Congress; Delaware River, Pennsylvania, New Jersey, and Delaware; Rivers and Harbors Committee Document Numbered 5, Seventy-third Congress; |