(a)
(b)
(1)
(A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and
(B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one—
(i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party;
(ii) which is made for or on behalf of the Government, an agency or instrumentality, a territory, or the District of Columbia; or
(iii) which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work.
(2)
(A) including watchmen, guards, and workers performing services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; but
(B) not including an employee employed as a seaman.
(3)
(A)
(i) a contract for—
(I) transportation by land, air, or water;
(II) the transmission of intelligence; or
(III) the purchase of supplies or materials or articles ordinarily available in the open market;
(ii) any work required to be done in accordance with the provisions of chapter 65 of title 41; and
(iii) a contract in an amount that is not greater than $100,000.
(B)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(14), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(19), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3701(a) | (no source). | |
3701(b)(1) | 40:329(a) (1st sentence less proviso). | Pub. L. 87–581, title I, §103(a), (b), Aug. 13, 1962, 76 Stat. 358. |
3701(b)(2) | 40:329(a) (last sentence). | |
3701(b)(3) (A)(i), (ii) | 40:329(b). | |
3701(b)(3) (A)(iii) | 40:329(c). | Pub. L. 87–581, title I, §103(c), as added Pub. L. 103–355, title IV, §4104(c)(1), Oct. 13, 1994, 108 Stat. 3342. |
3701(b)(3)(B) | 40:329(a) (1st sentence proviso). |
Subsection (a) is added for clarity.
In subsection (b)(1), before clause (A), the words "except as otherwise provided" are omitted as unnecessary.
In subsection (b)(2), before clause (A), the words "Except as otherwise expressly provided" are omitted as unnecessary.
In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are substituted for ["]Walsh-Healey Public Contracts Act" to use the correct short title of the Act.
The Contract Work Hours and Safety Standards Act, referred to in subsec. (a), is title I of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357, as amended, which was classified generally to subchapter II (§327 et seq.) of chapter 5 of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 101 of title I of Pub. L. 87–581 was classified to section 327 of former Title 40 and was repealed and not reenacted by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.
2011—Subsec. (b)(3)(A)(ii). Pub. L. 111–350 substituted "chapter 65 of title 41" for "the Walsh-Healey Act (41 U.S.C. 35 et seq.)".
2006—Subsec. (b)(3)(B). Pub. L. 109–284 substituted "3702" for "3902" in heading and text and "paragraph (1)(B)(iii)" for "subsection (a)(2)(C)" in text.
(a)
(b)
(1) a contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 40 hours in that workweek, except as provided in this chapter; and
(2) when a violation of clause (1) occurs, the contractor and any subcontractor responsible for the violation are liable—
(A) to the affected employee for the employee's unpaid wages; and
(B) to the Government, the District of Columbia, or a territory for liquidated damages as provided in the contract.
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(15), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3702(a) | 40:328(a). | Pub. L. 87–581, title I, §102, Aug. 13, 1962, 76 Stat. 357; Pub. L. 99–145, title XII, §1241(a), Nov. 8, 1985, 99 Stat. 734. |
3702(b) | 40:328(b) (words before (1)), (1), (2) (1st sentence). | |
3702(c) | 40:328(b)(2) (2d sentence). | |
3702(d) | 40:328(b)(2) (last sentence). |
In subsection (a). the words "Notwithstanding any other provision of law" are omitted as unnecessary.
2006—Subsec. (d). Pub. L. 109–284 substituted "To" for "to" in heading.
(a)
(b)
(1)
(2)
(A) liquidated damages to be withheld for the use and benefit of the Government, territory, or District; and
(B) unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under this chapter.
(3)
(c)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1170; Pub. L. 113–50, §2(b), Nov. 21, 2013, 127 Stat. 578.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3703(a) | 40:330(a) (1st sentence). | Pub. L. 87–581, title I, §104, Aug. 13, 1962, 76 Stat. 358; Pub. L. 97–164, title I, §160(a)(13), Apr. 2, 1982, 96 Stat. 48. |
3703(b) | 40:330(a) (2d, last sentences). | |
3703(c) | 40:330(b). | |
3703(d) | 40:330(c). | |
3703(e) | 40:330(d). |
In subsection (a), the words "or possession" are omitted for consistency in this chapter. The words "or days" are omitted because of 1:1.
In subsection (c), the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (d)(4), the words "United States Court of Federal Claims" are substituted for "United States Claims Court" because of section 902(b)(1) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (e)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
2013—Subsec. (b)(3). Pub. L. 113–50 substituted "Secretary of Labor" for "Comptroller General" in two places.
(a)
(1)
(2)
(b)
(1)
(2)
(A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may cancel the contract and make other contracts for the completion of the contract work, charging any additional cost to the original contractor; or
(B) section 3701(b)(1)(B)(iii) of this title, the governmental agency which is providing the financial guarantee, assistance, or insurance for the contract work may withhold the guarantee, assistance, or insurance attributable to the performance of the contract.
(3)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A) Three members shall be individuals representative of contractors to whom this section applies.
(B) Three members shall be individuals representative of employees primarily in the building trades and construction industry engaged in carrying out contracts to which this section applies.
(C) Three members shall be public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field.
(3)
(4)
(A) in formulating construction safety and health standards and other regulations; and
(B) on policy matters arising in carrying out this section.
(5)
(6)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1172; Pub. L. 109–284, §6(16), (17), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(20), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3704(a) | 40:333(a). | Pub. L. 87–581, title I, §107(a)–(e), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 96; Pub. L. 103–355, title IV, §4104(c)(2), Oct. 13, 1994, 108 Stat. 3342. |
3704(b) | 40:333(b), (c). | |
3704(c) | 40:333(d). | |
3704(d) | 40:333(e). |
In subsection (a)(1), the words "in an amount greater than $100,000" are substituted for "(other than a contract referred to in section 329(c) of this title)" for clarity.
In subsection (b), the text of 40:333(c) is omitted as unnecessary because the district courts have jurisdiction on all civil actions involving a federal question since the requirement of a threshold amount in controversy was deleted. In paragraph (2)(B), the words "guarantee" and "insurance" are added for consistency in this section and with section 3701(b)(1)(B)(iii) of the revised title.
In subsection (c)(2), the words "The Secretary shall end the ban" are substituted for "he [sic] shall terminate the application of the preceding sentence to such contractor or subcontractor (and to any person in which the contractor or subcontractor has a substantial interest)" for clarity and to eliminate unnecessary words. The word "thereafter" is omitted as unnecessary.
In subsection (c)(3), the words "as provided in section 2112 of title 28", "make and", and "upon certiorari or certification" are omitted as unnecessary.
In subsection (d)(2), before clause (A), the words "chapter 33 of title 5" are substituted for "the civil service laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (d)(6), the words "expenses under section 5703 of title 5" are substituted for 40:333(e)(3)(words after semicolon) to eliminate unnecessary words.
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
2011—Subsec. (b)(1). Pub. L. 111–350 substituted "sections 6506 and 6507 of title 41" for "sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39)".
2006—Subsec. (a)(1). Pub. L. 109–284, §6(16), inserted "of title 5" after "authorized by section 553".
Subsec. (a)(2). Pub. L. 109–284, §6(17), struck out "of this section" after "subsection (d)".
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
The Secretary of Labor shall—
(1) provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance, and prevention of unsafe working conditions in employment covered by this chapter; and
(2) collect reports and data and consult with and advise employers as to the best means of preventing injuries.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3705 | 40:333(f). | Pub. L. 87–581, title I, §107(f), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 98. |
The Secretary of Labor may provide reasonable limitations to, and may prescribe regulations allowing reasonable variations to, tolerances from, and exemptions from, this chapter that the Secretary may find necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment of the conduct of Federal Government business.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3706 | 40:331. | Pub. L. 87–581, title I, §105, Aug. 13, 1962, 76 Stat. 359. |
In a contract to acquire a commercial item (as defined in section 103 of title 41), a certification by a contractor or a contract clause may not be required to implement a prohibition or requirement in this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 111–350, §5(l)(21), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3707 | 40:334. | Pub. L. 87–581, title I, §108, as added Pub. L. 103–355, title VIII, §8301(b), Oct. 13, 1994, 108 Stat. 3396. |
2011—Pub. L. 111–350 substituted "section 103 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)".
A contractor or subcontractor having a duty to employ, direct, or control a laborer or mechanic employed in the performance of work contemplated by a contract to which this chapter applies that intentionally violates this chapter shall be fined under title 18, imprisoned for not more than six months, or both.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3708 | 40:332. | Pub. L. 87–581, title I, §106, Aug. 13, 1962, 76 Stat. 359. |
The words "shall be fined under title 18" are substituted for "shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine of not to exceed $1,000" for consistency with chapter 227 of title 18. The words "in the discretion of the court having jurisdiction thereof" are omitted as unnecessary.