Title 42 — The Public Health and Welfare
Chapter 69 — Community Development
§ 5310. Labor standards; rate of wages; exceptions; enforcement powers
Statutory text
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 sections 3141–3144, 3146, and 3147 of title 40: 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 3145 of title 40.
Subsection (a) shall not apply to any individual that—
performs services for which the individual volunteered;
does not receive compensation for such services; or
is paid expenses, reasonable benefits, or a nominal fee for such services; and
is not otherwise employed at any time in the construction work.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Housing and Community Development Act of 1974
Pub. L. 93–383 title I § 110 · 88 Stat. 634
Enacted · 42 U.S.C. § 5310
Pub. L. 93–383, title I, § 110, Aug. 22, 1974, 88 Stat. 649
Source evidence
Code source credit
Pub. L. 93–383, title I, § 110, Aug. 22, 1974, 88 Stat. 649Enacted provision · exact public law section
Sec. 110. labor standards All laborers and mechanics employed by contractors 42 USC 5310. or subcontractors in the performance of construction work financed in whole or in part with grants received under this title 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 is designed for residential use for eight or more families. 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 2 of the Act of June 13, 1934, as amended (48 Stat. 5 USC app. 40 USC 276c. 948; 40 U.S.C. 276 (c)).Housing and Community Development Amendments of 1981
Pub. L. 97–35 title III § 309(j) · 95 Stat. 357
Substituted · 42 U.S.C. § 5310
Pub. L. 97–35 substituted “assistance” for “grants”
Source evidence
Code amendment note
Pub. L. 97–35 substituted “assistance” for “grants”.Enacted provision · exact public law section
(j) The first sentence of section 110 of such Act is amended by 42 USC 5310. striking out “grants” and inserting in lieu thereof “assistance”.Housing and Community Development Act of 1987
Pub. L. 100–242 title V § 523 · 101 Stat. 1815
Substituted · 42 U.S.C. § 5310
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
SEC. 523. COMMUNITY DEVELOPMENT PROJECTS LABOR STANDARDS. Section 110 of the Housing and Community Development Act of 1974 is amended by striking “is designed for residential use of eight 42 USC 5310. or more families” and insert “contains not less than 8 units”.Cranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 title IX § 955(a) · 104 Stat. 4079
Amended · 42 U.S.C. § 5310
Pub. L. 101–625 designated existing provisions as subsec. (a)
Added · 42 U.S.C. § 5310
Pub. L. 101–625 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 101–625 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
(a) Community Development Block Grant.— Section 110 of the Housing and Community Development Act of 1974 (42 U.S.C. 5310) is amended— (1) by inserting “(a)” after “Sec. 110.”; and (2) by adding at the end the following new subsection: “(b) Subsection (a) 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.”.Effective date note
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.
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 93–383, , 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see 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.
Codification
In subsec. (a), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276(c))”, meaning 276c, on authority of Pub. L. 107–217, § 5(c), , 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Amendments1981–1990 · 3 rounds
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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–625 applicable to any volunteer services provided before, on, or after , except that such amendment may not be construed to require repayment of any wages paid before , 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 , see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.