Public Law 119-73 (01/23/2026)

49 U.S.C. § 5333

Labor standards

(a)

Prevailing Wages Requirement .—

64 Stat. 1267section 3145 of title 40The 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. , ) and .
(b)

Employee Protective Arrangements .—

(1)
1
1 See References in Text note below.
111 As a condition of financial assistance under sections 5307–5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 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, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b) shall specify the arrangements.
(2)
Arrangements under this subsection shall include provisions that may be necessary for—
(A)
the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
(B)
the continuation of collective bargaining rights;
(C)
the protection of individual employees against a worsening of their positions related to employment;
(D)
assurances of employment to employees of acquired public transportation systems;
(E)
assurances of priority of reemployment of employees whose employment is ended or who are laid off; and
(F)
paid training or retraining programs.
(3)
section 11326 of this title Arrangements under this subsection shall provide benefits at least equal to benefits established under .
(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 , 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.

Pub. L. 103–272, § 1(d)108 Stat. 835Pub. L. 104–88, title III, § 308(e)109 Stat. 947Pub. L. 105–178, title III, § 3029(b)(9)112 Stat. 372Pub. L. 107–217, § 3(n)(3)116 Stat. 1302Pub. L. 109–59, title III119 Stat. 1545Pub. L. 112–141, div. B, § 20030(h)126 Stat. 731(, , ; , , ; , , ; , , ; , §§ 3002(b)(4), 3031, , , 1625; , , .)

Historical and Revision Notes

Revised

Section

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.

section 11347 of this titlesection 5(2)(f) of the Act of February 4, 188724 Stat. 379Public Law 88–36578 Stat. 307section 3(b) of the Act of October 17, 1978Public Law 95–47392 Stat. 1466In subsection (b)(3), the words “” are substituted for and coextensive with “ (), as amended” in section 13(c) of the Urban Mass Transportation Act of 1964 (, ) on authority of (, ).

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.

Pub. L. 112–141, div. B, § 20002(a)126 Stat. 622Sections 5316 and 5328 of this title, referred to in subsec. (b)(1), were repealed by , , .

Amendments

Pub. L. 112–1412012—Subsec. (a). substituted “sections 3141 through 3144” for “sections 3141–3144”.

Pub. L. 109–59, § 3031(1)2005—Subsec. (b)(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.

Pub. L. 109–59, § 3002(b)(4)Subsec. (b)(2)(D). , substituted “public transportation” for “mass transportation”.

Pub. L. 109–59, § 3031(2)Subsec. (b)(4), (5). , added pars. (4) and (5).

Pub. L. 107–21740 U.S.C. 276asection 3145 of title 40section 2 of the Act of June 13, 193440 U.S.C. 276c2002—Subsec. (a). substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of (known as the Davis-Bacon Act) (—276a–5)” and “” for “ ()”.

Pub. L. 105–1781998—Subsec. (b)(1). substituted “5338(b)” for “5338(j)(5)” in two places.

Pub. L. 104–881995—Subsec. (b)(3). substituted “11326” for “11347”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–141section 3(a) of Pub. L. 112–141section 101 of Title 23Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.

Effective Date of 1995 Amendment

Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of this titleAmendment by effective , see , set out as an Effective Date note under .