
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5310]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 69--COMMUNITY DEVELOPMENT
 
Sec. 5310. Labor standards; rate of wages; exceptions; 
        enforcement powers
        
    (a) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed in whole 
or in part with assistance received 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 
the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5): Provided, That 
this section shall apply to the rehabilitation of residential property 
only if such property contains not less than 8 units. The Secretary of 
Labor shall have, with respect to such labor standards, the authority 
and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 
F.R. 3176; 64 Stat. 1267) and section 276c of title 40.
    (b) Subsection (a) of this section shall not apply to any individual 
that--
        (1) performs services for which the individual volunteered;
        (2)(A) does not receive compensation for such services; or
        (B) is paid expenses, reasonable benefits, or a nominal fee for 
    such services; and
        (3) is not otherwise employed at any time in the construction 
    work.

(Pub. L. 93-383, title I, Sec. 110, Aug. 22, 1974, 88 Stat. 649; Pub. L. 
97-35, title III, Sec. 309(j), Aug. 13, 1981, 95 Stat. 397; Pub. L. 100-
242, title V, Sec. 523, Feb. 5, 1988, 101 Stat. 1939; Pub. L. 101-625, 
title IX, Sec. 955(a), Nov. 28, 1990, 104 Stat. 4420.)

                       References in Text

    The Davis-Bacon Act, as amended, referred to in subsec. (a), is act 
Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified 
generally to sections 276a to 276a-5 of Title 40, Public Buildings, 
Property, and Works. For complete classification of this Act to the 
Code, see Short Title note set out under section 276a of Title 40 and 
Tables.
    Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), 
is set out in the Appendix to Title 5, Government Organization and 
Employees.


                               Amendments

    1990--Pub. L. 101-625 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1988--Pub. L. 100-242, which directed the substitution of ``contains 
not less than 8 units'' for ``is designed for residential use of eight 
or more families'', was executed by making the substitution for ``is 
designed for residential use for eight or more families'' as the 
probable intent of Congress.
    1981--Pub. L. 97-35 substituted ``assistance'' for ``grants''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-625 applicable to any volunteer services 
provided before, on, or after Nov. 28, 1990, except that such amendment 
may not be construed to require repayment of any wages paid before Nov. 
28, 1990, for services provided before such date, see section 955(d) of 
Pub. L. 101-625, set out as a note under section 1437j of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 
of Pub. L. 97-35, set out as an Effective Date note under section 3701 
of Title 12, Banks and Banking.

                  Section Referred to in Other Sections

    This section is referred to in section 5307 of this title.
