42 U.S.C. § 3212

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 3212 - Maintenance of standards

All laborers and mechanics employed by contractors or subcontractors on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. The Secretary shall not extend any financial assistance under this chapter for such a project without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40.

42 U.S.C. § 3212

Pub. L. 89-136, title VI, §602, formerly title VII, §712, Aug. 26, 1965, 79 Stat. 575; Pub. L. 93-567, title III, §302, Dec. 31, 1974, 88 Stat. 1855; renumbered title VI, §602, and amended Pub. L. 105-393, title I, §102(b)(1), (2), Nov. 13, 1998, 112 Stat. 3616; Pub. L. 108-373, title V, §504, Oct. 27, 2004, 118 Stat. 1769.

EDITORIAL NOTES

REFERENCES IN TEXTReorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

CODIFICATIONSection was formerly classified to section 3222 of this title prior to renumbering by Pub. L. 105-393.

PRIOR PROVISIONSA prior section 3212, Pub. L. 89-136, title VII, §702, Aug. 26, 1965, 79 Stat. 572, related to prevention of unfair competition, prior to repeal by Pub. L. 105-393, §102(b)(3).A prior section 602 of Pub. L. 89-136 was classified to section 3202 of this title prior to repeal by Pub. L. 105-393, §102(a).

AMENDMENTS2004- Pub. L. 108-373 substituted "in accordance with subchapter IV of chapter 31 of title 40" for "in accordance with the Davis-Bacon Act, as amended ( 40 U.S.C. 276a-276a-5 )" in first sentence and "section 3145 of title 40" for "section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)" in third sentence. 1998- Pub. L. 105-393, §102(b)(2)(A), substituted section catchline for former section catchline. Pub. L. 105-393, §102(b)(2)(B), which directed amendment of text by substituting "this chapter" for "sections 3131, 3141, 3142, 3171, 3243, and 3246b of this title" in second sentence, was executed by making the substitution for phrase which began with "section 3131" rather than "sections 3131", to reflect the probable intent of Congress.1974- Pub. L. 93-567 inserted references to sections 3243 and 3236b of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-393 effective Feb. 11, 1999, see section 105 of Pub. L. 105-393 set out as an Effective Date note under section 3121 of this title.

project
The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.
Secretary
the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,