§6701 — Title 41 Public Contracts | U.S. Code

Summary

Defines key words used in the chapter. Compensation means the payments and fringe benefits listed in section 6703. Secretary means the Secretary of Labor. A service employee is a person who works under a federal contract whose main purpose is to provide services in the United States and who is not covered by section 6702(b). It counts people even if someone calls them an independent contractor, but it does not include workers in bona fide executive, administrative, or professional jobs as defined in 29 CFR part 541. United States includes the 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf (per the Outer Continental Shelf Lands Act, 43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island, but not other territories or U.S. bases or possessions inside foreign countries.

Title 41, §6701

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In this chapter:

(1)The term “compensation” means any of the payments or fringe benefits described in section 6703 of this title.

(2)The term “Secretary” means the Secretary of Labor.

(3)The term “service employee”—

(A)means an individual engaged in the performance of a contract made by the Federal Government and not exempted under section 6702(b) of this title, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States;

(B)includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but

(C)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.

(4)The term “United States”—

(A)includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but

(B)does not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 670141:357.Pub. L. 89–286, § 8, Oct. 22, 1965, 79 Stat. 1036; Pub. L. 93–57, § 1, July 6, 1973, 87 Stat. 140; Pub. L. 94–489, § 3, Oct. 13, 1976, 90 Stat. 2358. In paragraph (3), the word “individual” is substituted for “person” because of the definition of “person” in 1:1. The words “contract made by the Federal Government” are substituted for “contract entered into by the United States” for consistency in the revised title. The words “as of July 30, 1976, and any subsequent revision of those

Regulations

” are omitted as obsolete. In paragraph (4)(A), the words “the outer Continental Shelf” are substituted for “Outer Continental Shelf lands” for consistency with the definition in 43:1331 and for consistency with the more common usage generally found in subchapter III of chapter 29 of title 43. The words “Eniwetok Atoll, Kwajalein Atoll” are omitted because they are part of the Marshall Islands and therefore no longer part of the United States. The words “Canton Island” are omitted because it is part of Kiribati and therefore no longer part of the United States.

Editorial Notes

References in Text

The Outer Continental Shelf Lands Act, referred to in par. (4)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of Title 43 and Tables.

§6701 Definitions