Title 41, Public ContractsRelease 119-110
§2309 Protection of Constitutional Rights of Contractors
Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 23 — MISCELLANEOUS › § 2309
Summary
Contractors can't be forced to give up constitutional rights to get a federal contract tied to the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.); agencies may require inspections to check performance.
Full Legal Text
Title 41, §2309
Public Contracts, Source: USLM XML via OLRC
(a)Prohibition on Requiring Waiver of Rights.—
A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive a right under the Constitution for a purpose relating to the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as defined in section 3 of that Act (22 U.S.C. 6701)).
(b)Permissible Contract Clauses.—
Subsection (a) does not prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections to ensure that the contractor is performing the contract in accordance with the provisions of the contract.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 230941:436.Pub. L. 93–400, § 40, formerly § 39, as added Pub. L. 105–277, title III, § 308(a), Oct. 21, 1998, 112 Stat. 2681–879; renumbered § 40, Pub. L. 108–136, title XIV, § 1431(d)(2), Nov. 24, 2003, 117 Stat. 1672. In subsection (a), the reference is to the Chemical Weapons Convention Implementation Act of 1998 rather than the Chemical Weapons Convention Implementation Act of 1997 to correct an error in the source provision.
Editorial Notes
References in Text
The Chemical Weapons Convention Implementation Act of 1998, referred to in subsec. (a), is Pub. L. 105–277, div. I, Oct. 21, 1998, 112 Stat. 2681–856, which is classified principally to chapter 75 (§ 6701 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see
Short Title
note set out under section 6701 of Title 22 and Tables.
Reference
Citations & Metadata
Citation
41 U.S.C. § 2309
Title 41, Public Contracts
Last Updated
Sep 22, 2026
Release point: 119-110