Sec. 301. Wage rate

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Notwithstanding any other provision of law, for fiscal year 2022 and each fiscal year thereafter, all laborers and mechanics employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program, including projects described in paragraph

(3)assisted in whole or in part under such programs, without regard to the form or type of Federal assistance provided under such program, shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. A project described in this paragraph is a project, in the case of a covered infrastructure program that capitalizes revolving loan funds, that is assisted in whole or in part with amounts deposited in the revolving loan fund, including loan repayments and interest earned. Notwithstanding any other provision of law, for fiscal year 2022 and each fiscal year thereafter, all service employees who are not covered under subsection

(a)shall be paid a wage and fringe benefits that are not less than the minimum wage and fringe benefits determined in accordance with paragraphs

(1)and (2), respectively, of section 6703 of title 41, United States Code. In this subsection, the term service employee — means an individual employed by a contractor or subcontractor in the performance of a project that is assisted in whole or in part under a covered infrastructure program, without regard to the form or type of Federal assistance provided under such program, and that the principal purpose of which is to furnish services in the United States; includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations. With respect to paragraphs

(1)and (2), the Secretary of Labor shall have the authority and functions set forth in chapter 67 of title 41, United States Code.

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64 Stat. 1267

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Sec. 301

Wage rate

Stat.64 Stat. 1267

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