11. Mental Retardation Facilities Construction Act (secs. 101, 122, 135; 77 Stat. 282, 284, 288; 42 U.S.C. 295a (a) (2) (D), 2662(5), 2675(a)(5), Public Law 88164).

12. Community Mental Health Centers Act (sec. 205, 77 Stat. 292; 42 U.S.C. 2685 (a) (5), Public Law 88-164).

13. Higher Educational Facilities Act of 1963 (sec. 403, 77 Stat. 379; 20 U.S.C. 753, Public Law 88-204).

14. Vocational Educational Act of 1963 (sec. 7, 77 Stat. 408; 20 U.S.C. 35f, Public Law 88-210).

15. Library Services and Construction Act (sec. 7(a), 78 Stat. 13; 20 U.S.C. 355c (a) (4), Public Law 88-269).

16. Urban Mass Transportation Act of 1964 (sec. 10, 78 Stat. 307; 49 U.S.C. 1609, Public Law 88-365).

17. Economic Opportunity Act of 1964 (sec. 607, 78 Stat. 532; 42 U.S.C. 2947, Public Law 88-452).

18. Hospital Survey and Construction Act, as amended by the Hospital and Medical Facilities Amendments of 1964 (sec. 605(a)(5), 78 Stat. 453; 42 U.S.C. 291e (a) (5), Public Law 88-443).

19. Housing Act of 1964 (adds sec. 516(f) to Housing Act of 1949 by sec. 503, 78 Stat. 797; 42 U.S.C. 1486 (f), Public Law 88-560).

20. Commercial Fisheries Research and Development Act of 1964 (sec. 7, 78 Stat. 199; 16 U.S.C. 779e (b), Public Law 88-309).

21. Nurse Training Act of 1964 (sec. 2, 78 Stat. 909; 42 U.S.C. 296a (b(5), Public Law 88-581).

22. Appalachian Regional Development Act of 1965 (sec. 402, 79 Stat. 21; 40 U.S.C. App. 402, Public Law 90-103).

23. Act to provide Financial Assistance for Local Educational Agencies in areas affected by Federal activities (64 Stat. 1100, as amended by sec. 2, 79 Stat. 33; 20 U.S.C. 2411, Public Law 89-10).

24. Elementary and Secondary Education Act of 1965 (sec. 308, 79 Stat. 44; 20 U.S.C. 848, Public Law 89-10).

25. Cooperative Research Act of 1966 (sec. 4 (c), added by sec. 403, Public Law 89-750, 79 Stat. 46; 20 U.S.C. 332a (c)).

26. Housing Act of 1961 (sec. 707, added by sec. 907, 79 Stat. 496; 42 U.S.C. 1500c-3, Public Law 89-117).

27. Housing and Urban Development Act of 1965 (sec. 707, 79 Stat. 492; 42 U.S.C. 3107, Public Law 89-117).

28. Public Works and Economic Development Act of 1965 (sec. 712, 79 Stat. 575; 42 U.S.C. 3222, Public Law 89-136).

29. National Foundation on the Acts and Humanities Act of 1965 (sec. 5(k), 79 Stat. 846; 20 U.S.C. 954 (k), Public Law 89-209).

30. Federal Water Pollution Control Act as amended by sec. 4(g) of the Water Quality Act of 1965, (79 Stat. 910; 33 U.S.C. 466e (g), Public Law 89-234).

31. Heart Disease, Cancer and Stroke Amendments of 1965 (sec. 904, as added by sec. 2, 79 Stat. 928; 42 U.S.C. 299d (b) (4), Public Law 89-239).

32. National Capital Transportation Act of 1965 (sec. 3 (b) (4), 79 Stat. 644; 40 U.S.C. 682(b) (4), Public Law 89-173) Note: Repealed December 9, 1969 and labor standards incorporated in sec. 1-1431 of the District of Columbia Code.

33. Vocational Rehabilitation Act (sec. 12(b), added by sec. 3, 79 Stat. 1284; 29 U.S.C. 41a (b) (4), Public Law 89-333).

34. Medical Library Assistance Act of 1965 (sec. 2, adding sec. 393 of the Public Health Service Act, 79 Stat. 1060; 42 U.S.C. 280b-3 (b) (3), Public Law 89-291). 35. Solid Waste Disposal Act (sec. 207, 79 Stat. 1000; 42 U.S.C. 3256, Public Law 89-272).

36. National Technical Institute for the Deaf Act (sec. 5(b) (5), 70 Stat. 126; 20 U.S.C. 684 (b) (5), Public Law 89-36).

37. Demonstration Cities and Metropolitan Development Act of 1966 (secs. 110, 311, 503, 1003, 80 Stat. 1259, 1270, 1277, 1284; 42 U.S.C. 3310; 12 U.S.C. 1715c; 42 U.S.C. 1416, Public Law 89-745).

38. Model Secondary School for the Deaf Act (sec. 4, 80 Stat. 1028, Public Law 89-695).

39. Delaware River Basin Compact (sec. 15.1, 75 Stat. 714, Public Law 87-328) (considered a statute for purposes of the plan.)

40. Alaska Purchase Centennial (sec. 2(b), 80 Stat. 8, Public Law 89-375). 41. Highway Speed Ground Transportation Study (sec. 6(b), 79 Stat. 895, 49 U.S.C. 1636 (b), Public Law 89-220).

42. Allied Health Professions Personnel Training Act of 1966 (80 Stat. 1222; 42 U.S.C. 295h (b) (2) (E), Public Law 89–751).

43. Air Quality Act of 1967 (sec. 307 added by sec. 2, 81 Stat. 506; 42 U.S.C. 1857j-3), Public Law 90-148).

44. Elementary and Secondary Education Amendments of 1967 (81 Stat. 819; 20 U.S.C. 880b-6, Public Law 90-247).

45. Vocational Rehabilitation Amendments of 1967 (81 Stat. 252, 29 U.S.C. 42a (c) (3), Public Law 90-391).

46. National Visitors Center Facilities Act of 1968 (sec. 110, 82 Stat. 45; 40 U.S.C. 808, Public Law 90-264).

47. Juvenile Delinquency Prevention and Control Act of 1968 (sec. 133, 82 Stat. 469; 42 U.S.C. 3843, Public Law 90-445).

48. New Communities Act of 1968 (sec. 410 of Public Law 90-448, 82 Stat. 516; 42 U.S.C. 3909).

49. Alcoholic and Narcotic Addict Rehabilitation Amendments of 1968 (sec. 243 (d) added by sec. 301, 82 Stat. 1008; 42 U.S.C. 2688h (d), Public Law 88-164). 50. Vocational Education Amendments of 1968 (sec. 106 added by sec. 101(b), 82 Stat. 1069, 20 U.S.C. 1246, Public Law 90-576).

51. Postal Reorganization Act (39 U.S.C. 410(b) (4) (c), Public Law 91-375). 52. Developmental Disabilities Services and Facilities Construction Amendments of 1970 (84 Stat. 1316, 42 U.S.C. 2675, sec. 135(a) (5), Public Law 91-517). 53. Rail Passenger Service Act of 1970 (84 Stat. 1327, 45 U.S.C. 565, sec. 405 (d), Public Law 91-518).

54. Housing and Urban Development Act of 1970 (84 Stat. 1770, sec. 707(a) and (b), Public Law 91-609, 42 U.S.C. 1500c-3).

55. Airport and Airway Development Act of 1970 (84 Stat. 219, sec. 22(b), Public Law 91-258, 41 U.S.C. 1722 (b)) (this Act provides for wage determination by the Secretary of Labor but does not subject the Act to Reorganization Plan No. 14).

56. Elementary and Secondary Education Amendments (84 Stat. 121, sec. 423, Public Law 91-230, 20 U.S.C. 1231 et seq.).

57. Housing Act of 1959 (73 Stat. 681, Public Law 86-372, 12 U.S.C. 1701q (c) (3), Public Law 86-372).

58. Housing Act of 1950 (64 Stat. 78, 12 U.S.C. 1749a (f).

59. Area Redevelopment Act of 1961 (75 Stat. 61, Public Law 87-27, 42 U.S.C. 2518).

60. Mental Retardation Facilities and Community Mental Health Centers Construction Act Amendments of 1965 (79 Stat. 429, Public Law 89-105, 20 U.S.C. 618 (g)).

61. Veterans Nursing Home Care Act of 1964 (78 Stat. 502, Public Law 88-450, 38 U.S.C. 5035 (a) (8)).

62. Education Amendments of 1972 (86 Stat. 331, Public Law 92-318).

63. Juvenile Delinquency Prevention and Control Act of 1968, amendment (86 Stat. 532, Public Law 92-381).

64. State and Local Fiscal Assistance Act of 1972, Public Law 92-512, October 20, 1972, 86 Stat. 919.

To amend the prevailing wage section of the Davis-Bacon Act, as amended; and related sections of the Federal Airport Act, as amended; and the National Housing Act, as amended.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That section 1 of Federal estreothe Act of March 3, 1931, as amended (46 Stat. 1494, as amended; 40 tion contract U.S.C. 276a), is hereby amended by designating the language of the laborers. present section as subsection (a) and by adding at the end thereof the Fringe benefits, following new subsection (h)

"(b) As used in this Act the term 'wages', 'scale of wages', 'wage

rates', 'minimum wages', and 'prevailing wages' shall include

(1) the basic hourly rate of pay; and

66

(2) the amount of

49 Stats 1011.

78 STAT 238,

78 STAT. 239.

"(A) the rate of contribution irrevocably made by a con- Trustee contritractor or subcontractor to a trustee or to a third person bution. pursuant to a fund, plan, or program; and

"(B) the rate of costs to the contractor or subcontractor Benefit costs. which may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforcible commitment to carry out a financially responsible plan or program 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 Payor obliga. make payment in accordance with the prevailing wage determinations tions, method of the Secretary of Labor, insofar as this Act and other Acts incorpo- of payment. rating 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 Overtime pay is entitled under any Federal law, his regular or basic hourly rate of computation, pay (or other alternative rate upon which premium rate of overtime colusion of compensation is computed) shall be deemed to be the rate computed benefit costs. 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."

Airport projeots.

63 Stat. 480. 49 Stat. 1011.

Housing projeots.

53 Stat. 807; 73 Stat. 667. 12 USC 17150.

Effective date. 78 STAT. 239. 78 STAT. 240.

Pub. Law 88-349

-2

July 2, 1964

SEC. 2. Section 15 (b) of the Federal Airport Act, as amended (60 Stat. 178, as amended; 49 U.S.C. 1114(b)), is hereby amended by inserting the words "in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5)" after the words "Secretary of Labor,".

SEC. 3. Section 212(a) of the National Housing Act, as amended (53 Stat. 208, as amended; 12 U.S.C. 1715 (c)), is hereby amended by inserting the words "in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5)," after the words "Secretary of Labor,".

SEC. 4. The amendments made by this Act shall take effect on the ninetieth day after the date of enactment of this Act, but shall not affect any contract in existence on such effective date or made thereafter pursuant to invitations for bids outstanding on such effective date and the rate of payments specified by section 1(b) (2) of the Act of March 3, 1931, as amended by this Act, shall, during a period of two hundred and seventy days after such effective date, become effective only in those cases and reasonable classes of cases as the Secretary of Labor, acting as rapidly as practicable to make such rates of payments fully effective, shall by rule or regulation provide. Approved July 2, 1964.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 308 (Comm. on Education & Labor).
SENATE REPORT No. 963 (Comm. on Labor & Public Welfare).
CONGRESSIONAL RECORD, Vol. 110 (1964):

Jan. 28: Considered and passed House.
June 23: Considered and passed Senate.

MILLER ACT

Act of Aug. 24, 1935, as amended, 40 U.S.C. 270 et seq.

Summary and Description

PERSONS AND EMPLOYMENTS COVERED

The Miller Act applies to every contract of over $2,000 for the construction, alteration, or repair of any public building or public work of the United States and provides that, before any contract covered by its provisions is awarded, the contractor must execute a payment bond with a surety or sureties to protect the wages of all persons supplying labor.

This law, while not a prevailing wage law or overtime pay law, is particularly important to laborers and mechanics who work on construction covered by the Davis-Bacon Act-that is, on construction contracts made directly by the Federal Government. Although the law does not apply to Federal-aid projects but only to direct Federal contracts, it is usual for Federal agencies administering grant-in-aid, loan, mortgage guarantee, and similar Federal-aid programs to require by regulation that contractors on construction under these programs executive a performance bond which require among its terms the payment of wages to laborers. Generally, the term of such bonds extends to 1 year after completion of the project.

RIGHT TO SUE

The Miller Act gives the worker a right to sue on the contractor's bond if he does not receive payment in full within 90 days after the day on which the last labor was performed. If the worker was employed by a subcontractor, he can sue the prime contractor and sureties on the bond for his unpaid wages, if he first gives written notice to the prime contractor within 90 days after the last labor was performed. This notice must be sent by registered mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business; or it may be served in any other way that the U.S. marshal or the Federal district court for the district where the job is located is authorized to serve a summons.

TIME AND MANNER FOR BRINGING SUIT

Suits to recover under the Miller Act must be commenced within 1 year after the date of final settlement of the contract and must be brought in the name of the United States, for the use of the person suing, in the U.S. district court in any district in which the contract was to be performed and executed. Suit is brought and prosecuted by the worker's own attorney.