Title 42The Public Health and WelfareRelease 119-73

§12836 Labor

Title 42 › Chapter CHAPTER 130— - NATIONAL AFFORDABLE HOUSING › Subchapter SUBCHAPTER II— - INVESTMENT IN AFFORDABLE HOUSING › Part Part F— - General Provisions › § 12836

Last updated Apr 6, 2026|Official source

Summary

Contracts for building affordable housing with 12 or more units using funds under this part must pay workers at least the local prevailing wages set by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40, and jurisdictions must certify compliance before making payment. People who truly volunteer and receive no pay, or only expenses, reasonable benefits, or a nominal fee, and who are not otherwise employed on the construction, are not covered by this rule.

Full Legal Text

Title 42, §12836

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to section 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.
(b)Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “section 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (40 U.S.C. 276a—276a–5)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12836

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73