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Title 42, The Public Health and WelfareRelease 119-102

§3212 Maintenance of Standards

Title 42 › CHAPTER 38 — PUBLIC WORKS AND ECONOMIC DEVELOPMENT › SUBCHAPTER VI — MISCELLANEOUS › § 3212

Last updated Aug 21, 2026|Official source

Summary

Contractors and subcontractors on projects getting federal aid under this chapter must pay laborers and mechanics at least the prevailing local wages set by the Secretary of Labor under subchapter IV of chapter 31 of title 40. No funding is provided until the Secretary first gets assurance that these wage rules will be followed, and the Secretary of Labor enforces them under Reorganization Plan No. 14 of 1950 and section 3145 of 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

Aug 21, 2026

Release point: 119-102