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(b) BASED ON PREVAILING WAGE.—The minimum wages shall be based
on the wages the Secretary of Labor determines to be prevailing for the cor-
responding classes of laborers and mechanics employed on projects of a
character similar to the contract work in the civil subdivision of the State
in which the work is to be performed, or in the District of Columbia if the
work is to be performed there.
(c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based upon
the specifications referred to in subsection (a) must contain stipulations
that—
(1) the contractor or subcontractor shall pay all mechanics and la-
borers employed directly on the site of the work, unconditionally and
at least 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 subcontractor and the laborers and mechan-
ics;
(2) the contractor will post the scale of wages to be paid in a promi-
nent and easily accessible place at the site of the work; and
(3) there may be withheld from the contractor so much of accrued
payments as the contracting officer considers necessary to pay to labor-
ers and mechanics employed by the contractor or any subcontractor on
the work the difference between the rates of wages required by the con-
tract to be paid laborers and mechanics on the work and the rates of
wages received by the laborers and mechanics and not refunded to the
contractor or subcontractors or their agents.
(d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or sub-
contractor to make payment in accordance with the prevailing wage deter-
minations of the Secretary of Labor, under this subchapter and other laws
incorporating this subchapter by reference, may be discharged by making
payments in cash, by making contributions described in section 3141(2)(A)
of this title, by assuming an enforceable commitment to bear the costs of
a plan or program referred to in section 3141(2)(B) of this title, or by any
combination of payment, contribution, and assumption, where the aggregate
of the payments, contributions, and costs is not less than the basic hourly
rate of pay plus the amount referred to in section 3141(2).
(e) OVERTIME PAY.—In determining the overtime pay to which a laborer
or mechanic is entitled under any federal law, the regular or basic hourly
rate of pay (or other alternative rate on which premium rate of overtime
compensation is computed) of the laborer or mechanic is deemed to be the
rate computed under section 3141(1) of this title, except that where the
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amount of payments, contributions, or costs incurred with respect to the la-
borer or mechanic exceeds the applicable prevailing wage, the regular or
basic hourly rate of pay (or other alternative rate) is the amount of pay-
ments, contributions, or costs actually incurred with respect to the laborer
or mechanic minus the greater of the amount of contributions or costs of
the types described in section 3141(2) of this title actually incurred with
respect to the laborer or mechanic or the amount determined under section
3141(2) but not actually paid.
§ 3143. Termination of work on failure to pay agreed wages
Every contract within the scope of this subchapter shall contain a provi-
sion that if the contracting officer finds that any laborer or mechanic em-
ployed 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, the Federal Gov-
ernment by written notice to the contractor may terminate the contractor’s
right to proceed with the work or the part of the work as to which there
has been a failure to pay the required wages. The Government may have
the work completed, by contract or otherwise, and the contractor and the
contractor’s sureties shall be liable to the Government for any excess costs
the Government incurs.
§ 3144. Authority of Comptroller General to pay wages and
list contractors violating contracts
(a) PAYMENT OF WAGES.—
(1) IN GENERAL.—The Comptroller General shall pay directly to la-
borers and mechanics from any accrued payments withheld under the
terms of a contract any wages found to be due laborers and mechanics
under this subchapter.
(2) RIGHT OF ACTION.—If the accrued payments withheld under the
terms of the contract are insufficient to reimburse all the laborers and
mechanics who have not been paid the wages required under this sub-
chapter, the laborers and mechanics have the same right to bring a civil
action and intervene against the contractor and the contractor’s sure-
ties as is conferred by law on persons furnishing labor or materials.
In those proceedings it is not a defense that the laborers and mechan-
ics accepted or agreed to accept less than the required rate of wages
or voluntarily made refunds.
(b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—
(1) IN GENERAL.—The Comptroller General shall distribute to all
departments of the Federal Government a list of the names of persons
whom the Comptroller General has found to have disregarded their ob-
ligations to employees and subcontractors.
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(2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall be
awarded to persons appearing on the list or to any firm, corporation,
partnership, or association in which the persons have an interest until
three years have elapsed from the date of publication of the list.
§ 3145. Regulations governing contractors and subcontrac-
tors
(a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable reg-
ulations for contractors and subcontractors engaged in constructing, car-
rying out, completing, or repairing public buildings, public works, or build-
ings or works that at least partly are financed by a loan or grant from the
Federal Government. The regulations shall include a provision that each
contractor and subcontractor each week must furnish a statement on the
wages paid each employee during the prior week.
(b) APPLICATION.—Section 1001 of title 18 applies to the statements.
§ 3146. Effect on other federal laws
This subchapter does not supersede or impair any authority otherwise
granted by federal law to provide for the establishment of specific wage
rates.
§ 3147. Suspension of this subchapter during a national
emergency
The President may suspend the provisions of this subchapter during a na-
tional emergency.
§ 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or
on a cost-plus-a-fixed-fee basis or otherwise without advertising for pro-
posals, if this subchapter otherwise would apply to the contract.
SUBCHAPTER V—VOLUNTEER SERVICES
§ 3161. Purpose
It is the purpose of this subchapter to promote and provide opportunities
for individuals who wish to volunteer their services to state or local govern-
ments, public agencies, or nonprofit charitable organizations in the construc-
tion, repair, or alteration (including painting and decorating) of public
buildings and public works that at least partly are financed with federal fi-
nancial assistance authorized under certain federal programs and that oth-
erwise might not be possible without the use of volunteers.
§ 3162. Waiver for individuals who perform volunteer serv-
ices
(a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la-
borers and mechanics be paid in accordance with the wage-setting provisions
of subchapter IV of this chapter as set forth in the Indian Self-Determina-
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tion and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian
Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does
not apply to an individual—
(1) who volunteers to perform a service directly to a state or local
government, a public agency, or a public or private nonprivate recipient
of federal assistance—
(A) for civic, charitable, or humanitarian reasons;
(B) only for the personal purpose or pleasure of the individual;
(C) without promise, expectation, or receipt of compensation for
services rendered, except as provided in subsection (b)); and
(D) freely and without pressure or coercion, direct or implied,
from any employer;
(2) whose contribution of service is not for the direct or indirect ben-
efit of any contractor otherwise performing or seeking to perform work
on the same project for which the individual is volunteering;
(3) who is not employed by and does not provide services to a con-
tractor or subcontractor at any time on the federally assisted or in-
sured project for which the individual is volunteering; and
(4) who otherwise is not employed by the same public agency or re-
cipient of federal assistance to perform the same type of services as
those for which the individual proposes to volunteer.
(b) PAYMENTS.—
(1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in
subsection (a) who are performing services directly to a state or local
government or public agency may receive payments of expenses, reason-
able benefits, or a nominal fee only in accordance with regulations the
Secretary of Labor prescribes.
(2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing the
regulations, the Secretary shall consider criteria such as the total
amount of payments made (relating to expenses, benefits, or fees) in
the context of the economic realities. The regulations shall include pro-
visions that provide that—
(A) a payment for an expense may be received by a volunteer
for items such as uniform allowances, protective gear and clothing,
reimbursement for approximate out-of-pocket expenses, or the cost
or expense of meals and transportation;
(B) a reasonable benefit may include the inclusion of a volun-
teer in a group insurance plan (such as a liability, health, life, dis-
ability, or worker’s compensation plan) or pension plan, or the
awarding of a length of service award; and