---
kind: "section"
citation: "42 U.S.C. § 12836"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12836"
heading: "Labor"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12836"
units:
  - "Chapter 130 — National Affordable Housing"
  - "Subchapter II — Investment in Affordable Housing"
  - "Part F — General Provisions"
---

# §12836. Labor

- (a) **In general—** Any contract for the [construction](/usc/42/300s–3.md?p=7) of affordable [housing](/usc/42/12704.md?p=8) with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the [Secretary](/usc/42/12704.md?p=16) of Labor pursuant to sections 3141–3144, [3146](/usc/40/3146.md), and [3147](/usc/40/3147.md) of title 40, shall be paid to all laborers and mechanics employed in the development of affordable [housing](/usc/42/12704.md?p=8) involved, and [participating jurisdictions](/usc/42/12704.md?p=4) shall require [certification](/usc/42/12704.md?p=21) as to compliance with the provisions of this section prior to making any payment under such contract.
- (b) **Waiver—** [Subsection (a)](#a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the [construction](/usc/42/300s–3.md?p=7) work.

## Source credit

(Pub. L. 101–625, title II, § 286, Nov. 28, 1990, 104 Stat. 4126.)

## Notes

### Editorial Notes

### Codification

In subsec. (a), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (40 U.S.C. 276a—276a–5)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.