42 U.S.C. § 3212 — Maintenance of standards

Page 5875 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3213 porary personnel, after serving continuously for 2 years, to positions in the Economic Development Ad- ministration in the same manner that competitive service employees with competitive status are consid- ered for transfer, reassignment, or promotion to such positions and an individual appointed under this provi- sion shall become a career-conditional employee, un- less the employee has already completed the service re- quirements for career tenure’’. [For definition of ‘‘coronavirus’’ as used in provision of title II of div. B of Pub. L. 116–136, set out above, see section 23005 of div. B of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.] § 3212. Maintenance of standards All laborers and mechanics employed by con- tractors or subcontractors on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those pre- vailing on similar construction in the locality as determined by the Secretary of Labor in ac- cordance with subchapter IV of chapter 31 of title 40. The Secretary shall not extend any fi- nancial assistance under this chapter for such a project without first obtaining adequate assur- ance that these labor standards will be main- tained upon the construction work. The Sec- retary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganiza- tion Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40. (Pub. L. 89–136, title VI, § 602, formerly title VII, § 712, Aug. 26, 1965, 79 Stat. 575; Pub. L. 93–567, title III, § 302, Dec. 31, 1974, 88 Stat. 1855; renum- bered title VI, § 602, and amended Pub. L. 105–393, title I, § 102(b)(1), (2), Nov. 13, 1998, 112 Stat. 3616; Pub. L. 108–373, title V, § 504, Oct. 27, 2004, 118 Stat. 1769.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION Section was formerly classified to section 3222 of this title prior to renumbering by Pub. L. 105–393. PRIOR PROVISIONS A prior section 3212, Pub. L. 89–136, title VII, § 702, Aug. 26, 1965, 79 Stat. 572, related to prevention of un- fair competition, prior to repeal by Pub. L. 105–393, § 102(b)(3). A prior section 602 of Pub. L. 89–136 was classified to section 3202 of this title prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2004—Pub. L. 108–373 substituted ‘‘in accordance with subchapter IV of chapter 31 of title 40’’ for ‘‘in accord- ance with the Davis-Bacon Act, as amended (40 U.S.C. 276a–276a–5)’’ in first sentence and ‘‘section 3145 of title 40’’ for ‘‘section 2 of the Act of June 13, 1934, as amend- ed (40 U.S.C. 276c)’’ in third sentence. 1998—Pub. L. 105–393, § 102(b)(2)(A), substituted sec- tion catchline for former section catchline. Pub. L. 105–393, § 102(b)(2)(B), which directed amend- ment of text by substituting ‘‘this chapter’’ for ‘‘sec- tions 3131, 3141, 3142, 3171, 3243, and 3246b of this title’’ in second sentence, was executed by making the substi- tution for phrase which began with ‘‘section 3131’’ rath- er than ‘‘sections 3131’’, to reflect the probable intent of Congress. 1974—Pub. L. 93–567 inserted references to sections 3243 and 3236b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–393 effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as an Effective Date note under section 3121 of this title. § 3213. Annual report to Congress (a) In general Not later than July 1, 2000, and July 1 of each year thereafter, the Secretary shall submit to Congress a comprehensive and detailed annual report on the activities of the Secretary under this chapter during the most recently completed fiscal year. (b) Inclusions Each report required under subsection (a) shall— (1) include a list of all grant recipients by State, including the projected private sector dollar to Federal dollar investment ratio for each grant recipient; (2) include a discussion of any private sector leveraging goal with respect to grants awarded to— (A) rural areas and urban economically distressed areas; and (B) highly distressed areas; (3) after the completion of a project, include the realized private sector dollar to Federal dollar investment ratio for the project; and (4)(A) include a list of all of the grants pro- vided by the Economic Development Adminis- tration for projects located in, or that pri- marily benefit, rural areas; (B) an explanation of the process used to de- termine how each project referred to in sub- paragraph (A) would benefit a rural area; and (C) a certification that each project referred to in subparagraph (A)— (i) is located in a rural area; or (ii) will primarily benefit a rural area. (c) Additional reporting As part of the annual report to Congress of the Economic Development Administration, the Secretary shall include a report on project com- pletions and close outs for construction awards that includes the following information on indi- vidual construction projects: (1) The award date of the project. (2) The completion date of the project. (3) The close out date of the project. (4) The total amount of the project, includ- ing non-Federal cost share and funding from other sources, including a breakdown by source. (5) The number of jobs anticipated to be cre- ated or retained as a result of the investment. (d) Public availability Not later than the date of the submission of the report under subsection (c), the Secretary shall make the report under subsection (c) pub- licly available. (e) Additional reporting requirement To ensure that projects are meeting expected timelines, not later than 1 year after January 4,