Page:United States Statutes at Large Volume 78.djvu/281

 78 STAT. ]

PUBLIC LAW 88-349-JULY 2, 1964

239

" (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 " (2) the amount of— " (A) the rate of contribution irrevocably made by a con- buT/"n**^ contritractor or subcontractor to a trustee or to a third person 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 ti<^srmethod^of make payment in accordance with the prevailing wage determinations payment. 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). " I n determining the overtime pay to which the laborer or mechanic ^oZ^^^ion^l. is entitled under any Federal law, his regular or basic hourly rate of ciusion^of beneTit pay (or other alternative rate upon which premium rate of overtime c°sts. 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. Section 15(b) of the Federal Airport Act, as amended (60 ^"P"""* p'-^i^'^ts. Stat. 178, as amended; 49 U.S.C. 1114(b)), is hereby amended by ^3 Stat. 481. inserting the words "in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5)" after the words "Secretary of 49 Stat. ion. Labor,". SEC. 3. Section 212(a) of the National Housing Act, as amended Housing projects. (53 Stat. 208, as amended; 12 U.S.C. 1715(c)), is hereby amended by ^g^^taJ^'eey"^' inserting the words "in accordance with the Davis-Bacon Act, as 12 USC \n\%c amended (40 U.S.C. 276a—276a-5)," after the words "Secretary of Labor,".

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