I
104TH CONGRESS
1ST SESSION
H. R. 967
To amend the Act of March 3, 1931 (known as the Davis-Bacon Act),
to revise the standard for coverage under that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 15, 1995
Mr. CLAY (for himself, Mr. OWENS, Mr. MILLER of California, Mr. KILDEE,
Mr. WILLIAMS, Mr. MARTINEZ, Mr. PAYNE of New Jersey, Mrs. MINK
of Hawaii, Mr. ROEMER, Mr. ENGEL, Mr. GENE GREEN of Texas, Ms.
WOOLSEY, Mr. REYNOLDS, Mr. ROMERO-BARCELO´, and Mr. KENNEDY
of Rhode Island) introduced the following bill; which was referred to the
Committee on Economic and Educational Opportunities
A BILL
To amend the Act of March 3, 1931 (known as the Davis-
Bacon Act), to revise the standard for coverage under
that Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DAVIS-BACON ACT REVISION.
The Act of March 3, 1931 (known as the Davis-
Bacon Act) (40 U.S.C. 276a et seq.) is amended to read
as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Davis-Bacon Act’.
‘‘SEC. 2. CONTRACT REQUIREMENTS.
‘‘(a) REQUIRED PROVISIONS.—
‘‘(1) IN
GENERAL.—A contract described in
subsection (b) shall—
‘‘(A) contain a provision stating that the
various classes of laborers and mechanics under
the contract shall be paid minimum wages
based upon wages determined by the Secretary
under subsection (b) 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, or other
civil subdivision of the State in which the work
is to be performed or in the District of Colum-
bia if the work is to be performed there; and
‘‘(B) contain a stipulation that the con-
tractor or subcontractor under the contract
shall pay all laborers and mechanics under the
contract—
‘‘(i) unconditionally;
‘‘(ii) not less often than once a week;
and
‘‘(iii) without subsequent deduction or
rebate on any account;
the full amounts accrued at time of payment ir-
respective of any contractual relationship which
may be alleged to exist between the contractor
or subcontractor and such laborers or mechan-
ics.
‘‘(2) LABORER OR MECHANIC.—An individual
shall for purposes of this subsection be considered a
laborer or mechanic under a contract subject to this
subsection if the person who entered into the con-
tract paid, directly or through a subcontract, com-
pensation to the individual for services performed as
a laborer or mechanic to carry out the contract.
‘‘(b) CONTRACTS COVERED.—
‘‘(1) IN GENERAL.—Unless exempted or other-
wise limited by Federal law, the requirements of
subsection (a) apply to any contract—
‘‘(A) for the construction, prosecution,
completion, alteration, repair, renovation, or re-
construction of buildings or works—
‘‘(i) to which the United States or the
District of Columbia is a party,
‘‘(ii) which is financed in whole or in
part by loans, grants, revolving funds or
loan guarantees from the United States, or
‘‘(iii) which is to be performed on land
owned by the United States, and
‘‘(B) which is in excess of—
‘‘(i) $100,000 for new construction
(including painting and decorating), or
‘‘(ii) $15,000 for alteration, repair,
renovation, rehabilitation, or reconstruction
(including painting and decorating),
of buildings or works.
‘‘(2) PREEMPTION.—Neither the requirements
of subsection (a) or the provisions of any other Fed-
eral law or regulation shall preempt the application
of requirements for the payment of wages or fringe
benefits, or both, adopted by State, local, and tribal
governments otherwise applicable to contracts cov-
ered under paragraph (1)(A)(ii) or (1)(A)(iii), unless
compliance with such requirements would make it
impossible to comply with the requirements of sub-
section (a).
‘‘(3) MULTIPLE CONTRACTS.—
‘‘(A) IN
GENERAL.—Any 2 or more
contracts for any construction project (includ-
ing any alteration, repair, renovation, rehabili-
tation, reconstruction, painting or decorating
project) that—
‘‘(i) individually do not exceed the ap-
plicable amount prescribed by paragraph
(1)(B);