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49 U.S.C. § 47112Carrying out airport development projects

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 517 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules for building airport projects funded by federal grants. Contractors must pay workers at least the government's minimum wage rates on contracts over $2,000. Veterans from Vietnam, the Gulf War, and Afghanistan-Iraq get hiring preference, along with disabled veterans, when qualified.

(a) Construction Work — The Secretary of Transportation may inspect and approve construction work carried out under a grant agreement. The work must follow regulations the Secretary sets, and those regulations must require the sponsor to file cost and progress reports on the project. The regulations can change or modify a contract related to the project only if the contract was made with actual notice of those regulations. (b) Prevailing Wages — A labor contract worth more than $2,000 for a development project must require contractors to pay workers at least the minimum wage rates the Secretary of Labor sets under specific sections of title 40. Those minimum rates must appear in both the bid invitations and the bids submitted for the work. (c) Veterans' Preference — (1) This subsection defines several terms: a "disabled veteran" has the meaning used elsewhere in federal law. A "Vietnam-era veteran" is someone who served more than 180 straight days of active duty, any part of it between August 4, 1964, and May 8, 1975, and was honorably discharged. An "Afghanistan-Iraq war veteran" is someone who served more than 180 straight days of active duty supporting listed post-9/11 military operations, or their successors, any part of it between September 11, 2001, and the operations' declared end date, and was honorably discharged. A "Persian Gulf veteran" is someone who served more than 180 straight days of active duty in the Gulf War theater, any part of it between August 2, 1990, and a legally set end date, and was honorably discharged. (2) A labor contract for a development project under a grant agreement must require that hiring preference — outside of executive, administrative, and supervisory jobs — go to Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small businesses owned and controlled by disabled veterans, whenever they are available and qualified for the work.
the actual law source: uscode.house.gov ↗public domain
(a)Construction Work.—

The Secretary of Transportation may inspect and approve construction work for an airport development project carried out under a grant agreement under this subchapter. The construction work must be carried out in compliance with regulations the Secretary prescribes. The regulations shall require the sponsor to make necessary cost and progress reports on the project. The regulations may amend or modify a contract related to the project only if the contract was made with actual notice of the regulations.

(b)Prevailing Wages.—

A contract for more than $2,000 involving labor for an airport development project carried out under a grant agreement under this subchapter must require contractors to pay labor minimum wage rates as determined by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. The minimum rates must be included in the bids for the work and in the invitation for those bids.

(c)Veterans’ Preference.—
(1)

In this subsection—

(A)

“disabled veteran” has the same meaning given that term in section 2108 of title 5.

(B)

“Vietnam-era veteran” means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces for more than 180 consecutive days, any part of which occurred after August 4, 1964, and before May 8, 1975, and who was discharged or released from active duty in the armed forces under honorable conditions.

(C)

“Afghanistan-Iraq war veteran” means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces in support of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, Operation Freedom’s Sentinel, or any successor contingency operation to such operations for more than 180 consecutive days, any part of which occurred after September 11, 2001, and before the date prescribed by presidential proclamation or by law as the last day of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, Operation Freedom’s Sentinel, or any successor contingency operation to such operations (whichever is later), and who was discharged or released from active duty in the armed forces under honorable conditions.

(D)

“Persian Gulf veteran” means an individual who served on active duty in the armed forces in the Southwest Asia theater of operations during the Persian Gulf War for more than 180 consecutive days, any part of which occurred after August 2, 1990, and before the date prescribed by presidential proclamation or by law, and who was discharged or released from active duty in the armed forces under honorable conditions.

(2)

A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that preference in the employment of labor (except in executive, administrative, and supervisory positions) be given to Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) owned and controlled by disabled veterans when they are available and qualified for the employment.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1267; Pub. L. 107–217, § 3(n)(8), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 112–95, title I, § 139, Feb. 14, 2012, 126 Stat. 26; Pub. L. 115–254, div. B, title I, § 135, Oct. 5, 2018, 132 Stat. 3209.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1267
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1303
  • 2012Amended · Pub. L. 112-95 · 126 Stat. 26
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3209

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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