§3701 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Applies to contracts that may hire laborers or mechanics on federal public works in the United States, its territories, or Washington, D.C. It also covers other contracts that may hire those workers when the federal government is a party, when the contract is made for or on behalf of the government, or when the work is partly paid for by federal loans or grants. "Federal Government" means the same as in the Contract Work Hours and Safety Standards Act. Covers all laborers and mechanics employed by a contractor or subcontractor on the work, including watchmen, guards, and dredging or rock‑excavation workers, but not seamen. Does not apply to contracts for transportation, transmission of intelligence, buying ordinary market supplies, work already covered by chapter 65 of title 41, or contracts of $100,000 or less. Also, section 3702 does not apply if the federal help is only a loan guarantee or insurance.

Title 40, §3701

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this chapter, the term “Federal Government” has the same meaning that the term “United States” had in the Contract Work Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357).

(b)(1)This chapter applies to—

(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)This chapter applies to all laborers and mechanics employed by a contractor or subcontractor in the performance of any part of the work under the contract—

(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)This chapter does not apply to—

(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)section 3702 of this title does not apply to work where the assistance described in paragraph (1)(B)(iii) from the Government or an agency or instrumentality is only a loan guarantee or insurance.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

Editorial Notes

References in Text

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, 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.

Amendments

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.

§3701 Definition and application