Title 42 — The Public Health and WelfareRelease 119-73
§3212 Maintenance of standards
Title 42 › Chapter CHAPTER 38— - PUBLIC WORKS AND ECONOMIC DEVELOPMENT › Subchapter SUBCHAPTER VI— - MISCELLANEOUS › § 3212
Summary
Laborers and mechanics on projects getting help under this chapter must be paid at least the local prevailing wage the Labor Secretary sets under title 40. The Secretary may not provide funds without adequate assurance; the Labor Secretary has authority in Reorganization Plan No. 14 of 1950 and sec. 3145, title 40.
Full Legal Text
Title 42, §3212
The Public Health and Welfare — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees. Codification Section was formerly classified to section 3222 of this title prior to renumbering by Pub. L. 105–393.
Prior Provisions
A 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).
Amendments
2004—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 “section 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 “section 3131”, to reflect the probable intent of Congress. 1974—Pub. L. 93–567 inserted references to section 3243 and 3236b of this title.
Statutory Notes and Related Subsidiaries
Effective Date
of 1998 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 3212
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73