
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC276d-1]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
             CHAPTER 3--PUBLIC BUILDINGS AND WORKS GENERALLY
 
Sec. 276d-1. Waiver for individuals who perform volunteer 
        services for public entities
        

(a) In general

    The requirement that certain laborers and mechanics be paid in 
accordance with the wage-setting provisions of the Act of March 3, 1931 
(commonly known as the ``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) as 
set forth in any of the Acts or provisions described in section 276d-3 
of this title shall not apply to an individual--
        (1) who volunteers--
            (A) to perform a service directly to a State or local 
        government or a public agency for civic, charitable, or 
        humanitarian reasons, without promise, expectation, or receipt 
        of compensation for services rendered, other than expenses, 
        reasonable benefits, or a nominal fee (as defined in subsection 
        (b) of this section), but solely for the personal purpose or 
        pleasure of the individual; and
            (B) to provide such services freely and without pressure or 
        coercion, direct or implied, from any employer;

        (2) whose contribution of service is not for the direct or 
    indirect benefit of any contractor otherwise performing or seeking 
    to perform work on the same project for which the individual is 
    volunteering;
        (3) who is not employed by and does not provide services to a 
    contractor or subcontractor at any time on the federally assisted or 
    insured project for which the individual is volunteering; and
        (4) who is not otherwise employed by the same public agency to 
    perform the same type of services as those for which the individual 
    proposes to volunteer.

(b) Expenses

    Payments of expenses, reasonable benefits, or a nominal fee may be 
provided to volunteers described in subsection (a) of this section only 
in accordance with regulations issued by the Secretary of Labor. In 
prescribing the regulations, the Secretary shall take into consideration 
criteria such as the total amount of payments made (relating to 
expenses, benefits, or fees) in the context of the economic realities. 
The regulations shall include provisions that provide that--
        (1) a payment for an expense may be received by a volunteer for 
    items such as uniform allowances, protective gear and clothing, 
    reimbursement for approximate out-of-pocket expenses, or for the 
    cost or expense of meals and transportation;
        (2) a reasonable benefit may include the inclusion of a 
    volunteer in a group insurance plan (such as a liability, health, 
    life, disability, or worker's compensation plan) or pension plan, or 
    the awarding of a length of service award; and
        (3) a nominal fee may not be used as a substitute for 
    compensation and may not be connected to productivity.

The decision as to what constitutes a nominal fee for purposes of 
paragraph (3) shall be determined based on the context of the economic 
realities of the situation involved and shall be made by the Secretary 
of Labor.

(c) Economic reality

    For purposes of subsection (b) of this section, in determining 
whether an expense, benefit, or fee described in such subsection may be 
paid to volunteers in the context of the economic realities of the 
particular situation, the Secretary of Labor may not permit any such 
expense, benefit, or fee that has the effect of undermining labor 
standards by creating downward pressure on prevailing wages in the local 
construction industry.

(Pub. L. 103-355, title VII, Sec. 7303, Oct. 13, 1994, 108 Stat. 3382.)

                       References in Text

    Act of March 3, 1931, referred to in subsec. (a), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, known as the Davis-Bacon Act, 
which is classified generally to section 276a to 276a-5 of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 276a of this title and Tables.


                             Effective Date

    For effective date and appplicability of section, see section 10001 
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note 
under section 251 of Title 41, Public Contracts.

                  Section Referred to in Other Sections

    This section is referred to in sections 276d, 276d-3 of this title.
