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4. Davis -Bacon Act This statute requires that contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the Secretary of Labor's wage determination. Additionally, contractors are required to pay wages at least once per week.8 Additional requirements are listed below, and relevant definitions are at 29 C.F.R. § 5.2. NFEs should refer to the applicable NOFO or other program guidance or contact their applicable FEMA grant representative for additional information on how to implement this requirement. 4.1 Applicability When required by the federal program legislation, prime construction contracts over $2,000 awarded by NFEs must include a provision for compliance with the Davis -Bacon Act.9 The Davis -Bacon Act only applies to the Emergency Management Performance Grant Program,10 Homeland Security Grant Program,11 Nonprofit Security Grant Program,12 Tribal Homeland Security Grant Program,13 Port Security Grant Program,14 Transit Security Grant Program,15 Intercity Passenger Rail Program,16 and Rehabilitation of High Hazard Potential Dams Program.17 Unless otherwise stated in a program's authorizing statute, it does not apply to other FEMA grant and cooperative agreement programs, including the PA Program. . 8 See id.; 40 U.S.C. §§ 3141-3144 and 3146-3148. The Davis -Bacon Act is supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering federally Financed and Assisted Construction) 9 2 C.F.R. Part 200, Appendix II, § D. 10 See section 6110)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), Pub. L. No. 93-288 (codified as amended at 42 U.S.C. § 51960)(9)). 11 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002, Pub. L. No. 107-296 (codified as amended at 6 U.S.C. § 609(b)(4)(B)(ii)) (citing to section 6110)(9) of the Stafford Act). 12 Id. The Davis -Bacon Act only applies to the Nonprofit Security Grant Program (NSGP) where that program is funded as a carve -out of the appropriations for the Homeland Security Grant Program (NSGP). See, e.g., Department of Homeland Security Appropriations Act, 2020, Pub. L. No. 116-93, Title III, Protection, Preparedness, Response, and Recovery, Federal Emergency Management Agency, Federal Assistance §§ 1-2. Compare id. with section 2009 of the Homeland Security Act of 2002 (6 U.S.C. § 609a) (authorizing NSPG as a stand-alone program where the Davis -Bacon Act does not apply, but as of the date of publication of this document, NSGP has not been funded as a standalone program). 13 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002. 14 See section 102 of the Maritime Transportation Security Act of 2002 (MTSA), Pub. L. No. 107-295 (codified as amended at 46 U.S.C. § 70107); 46 U.S.C. § 70107(b)(2). While the MTSA requires that PSGP construction activities are carried out consistent with section 6110)(8) of the Stafford Act, a subsequent amendment to the Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of section 6110)(8) to 6110)(9). The cross-reference in the MTSA has not been updated. 15 See section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), Pub. L. No. 110-53 (6 U.S.C. § 1135) (applying the requirements of section 49 U.S.C. § 5307); 49 U.S.C. § 5333 (applying the Davis -Bacon Act to grants provided under 49 U.S.C. § 5307). 16 See section 1513(h) of the 9/11 Act (6 U.S.C. § 1163(h)) (citing to 49 U.S.C. § 24312, which requires compliance with the Davis -Bacon Act). 17 See section 8A(d)(2)(E) of the National Dam Safety Program Act (codified as amended at 33 U.S.C. § 467f- 2(d)(2)(E)) (requiring compliance with 42 U.S.C. § 51960)(9), which is section 6110)(9) of the Stafford Act that applies the Davis -Bacon Act). 19