Title 49 — Transportation
Chapter 53 — Public Transportation
§ 5333. Labor standards
Statutory text
Prevailing Wages Requirement.—
The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. , 64 Stat. 1267) and section 3145 of title 40.
Employee Protective Arrangements.—
As a condition of financial assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements.
Arrangements under this subsection shall include provisions that may be necessary for—
the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
the continuation of collective bargaining rights;
the protection of individual employees against a worsening of their positions related to employment;
assurances of employment to employees of acquired public transportation systems;
assurances of priority of reemployment of employees whose employment is ended or who are laid off; and
paid training or retraining programs.
Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title.
Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.
When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of , as clarified by the supplemental ruling of , with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.
Footnotes
- 1 See References in Text note below.
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.
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 5333
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 835
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 835Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:ICC Termination Act of 1995
Pub. L. 104–88 title III § 308(e) · 109 Stat. 803
Substituted · 49 U.S.C. § 5333(b)(3)
Pub. L. 104–88 substituted “11326” for “11347”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 104–88 substituted “11326” for “11347”.Enacted provision · exact public law section
(e) Section 5333.— Section 5333(b)(3) of such title is amended by striking “11347” and inserting in lieu thereof “11326”.Federal Transit Act of 1998
Pub. L. 105–178 title III § 3029(b)(9) · 112 Stat. 107
Substituted · 49 U.S.C. § 5333(b)(1)
Pub. L. 105–178 substituted “5338(b)” for “5338(j)(5)” in two places
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–178 substituted “5338(b)” for “5338(j)(5)” in two places.Enacted provision · exact public law section
(9) In section 5333(b) by striking “5338(j)(5)” each place it appears and inserting “5338(b)”.Pub. L. 107–217 § 3(n)(3) · 116 Stat. 1062
Substituted · 49 U.S.C. § 5333(a)
Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”
Substituted · 49 U.S.C. § 5333(a)
Pub. L. 107–217 substituted “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”.Enacted provision · exact public law section
(3) In section 5333(a)— (A) strike “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a—5)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”; and (B) strike “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)” and substitute “section 3145 of title 40”.Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3031(1) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5333(b)(1)
Pub. L. 109–59, § 3031(1), substituted “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)” for “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” in two places
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–59, § 3031(1), substituted “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)” for “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” in two places.Enacted provision · exact public law section
(1) in paragraph (1) by striking “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” each place it appears and inserting “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)”; andFederal Public Transportation Act of 2005
Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5333(b)(2)(D)
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”
Source evidence
Code amendment note
Subsec. (b)(2)(D). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.Enacted provision · exact public law section
(4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3031(2) · 119 Stat. 1144
Added · 49 U.S.C. § 5333(b)(4); 49 U.S.C. § 5333(b)(5)
Pub. L. 109–59, § 3031(2), added pars. (4) and (5)
Source evidence
Code amendment note
Subsec. (b)(4), (5). Pub. L. 109–59, § 3031(2), added pars. (4) and (5).Enacted provision · exact public law section
(2) by adding at the end the following: “(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral. “(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.” .Federal Public Transportation Act of 2012
Pub. L. 112–141 div. B § 20030(h) · 126 Stat. 405
Substituted · 49 U.S.C. § 5333(a)
Pub. L. 112–141 substituted “sections 3141 through 3144” for “sections 3141–3144”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–141 substituted “sections 3141 through 3144” for “sections 3141–3144”.Enacted provision · exact public law section
(h) Section 5333.— Section 5333(a) of title 49, United States Code, is amended by striking “sections 3141–3144” and inserting “sections 3141 through 3144”.Effective date note
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
9 of 9 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 5333(a) | 49 App.:1609(a), (b). | July 9, 1964, Pub. L. 88–365, § 13, 78 Stat. 307; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), (b)(2), 80 Stat. 715, 716; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25. |
| 5333(b) | 49 App.:1609(c). | |
In subsection (a), the words “take such action as may be necessary to”, “the performance of”, “the assistance of”, and “at rates” are omitted as surplus. The word “same” is added for clarity. The words “duties and powers” are substituted for “authority and functions” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the reference to sections 5307, 5308, 5310, and 5311 of the revised title is added for clarity because of 49 App.:1607a(e)(1), 1607a–2(a), 1612(b), and 1614(f), restated as sections 5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The reference to section 5312 is added for clarity because it is intended that 49 App.:1609(c) cover research, development, training, and demonstration projects. The words “terms and conditions of the protective” are omitted as surplus.
In subsection (b)(2), before clause (A), the words “without being limited to” are omitted as being included in “include”. The words “such provisions as may be necessary for” are omitted as surplus. In clause (C), the word “individual” is omitted as surplus.
In subsection (b)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended” in section 13(c) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 307) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).
Editorial Notes
References in Text
Reorganization Plan No. 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees.
Sections 5316 and 5328 of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 112–141, div. B, § 20002(a), , 126 Stat. 622.
Amendments1995–2012 · 5 rounds
2012
Subsec. (a). Pub. L. 112–141 substituted “sections 3141 through 3144” for “sections 3141–3144”.
2005
Subsec. (b)(1). Pub. L. 109–59, § 3031(1), substituted “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)” for “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” in two places.
Subsec. (b)(2)(D). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(4), (5). Pub. L. 109–59, § 3031(2), added pars. (4) and (5).
2002
Subsec. (a). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”.
1998
Subsec. (b)(1). Pub. L. 105–178 substituted “5338(b)” for “5338(j)(5)” in two places.
1995
Subsec. (b)(3). Pub. L. 104–88 substituted “11326” for “11347”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective , see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
Credits
1994–2012 · 6 acts
- 1994Pub. L. 103–272, § 1(d), , 108 Stat. 835
- 1995Pub. L. 104–88, title III, § 308(e), , 109 Stat. 947
- 1998Pub. L. 105–178, title III, § 3029(b)(9), , 112 Stat. 372
- 2002Pub. L. 107–217, § 3(n)(3), , 116 Stat. 1302
- 2005Pub. L. 109–59, title III, §§ 3002(b)(4), 3031, , 119 Stat. 1545, 1625
- 2012Pub. L. 112–141, div. B, § 20030(h), , 126 Stat. 731.
Show as published
(Pub. L. 103–272, § 1(d), , 108 Stat. 835; Pub. L. 104–88, title III, § 308(e), , 109 Stat. 947; Pub. L. 105–178, title III, § 3029(b)(9), , 112 Stat. 372; Pub. L. 107–217, § 3(n)(3), , 116 Stat. 1302; Pub. L. 109–59, title III, §§ 3002(b)(4), 3031, , 119 Stat. 1545, 1625; Pub. L. 112–141, div. B, § 20030(h), , 126 Stat. 731.)