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40 U.S.C. § 3134 — Waivers for certain contracts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Military.—** The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive this subchapter with respect to cost-plus-a-fixed fee and other cost-type contracts for the construction, alteration, or repair of any public building or public work of the Federal Government and with respect to contracts for manufacturing, producing, furnishing, constructing, altering, repairing, processing, or assembling vessels, aircraft, munitions, materiel, or supplies for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of the terms of the contracts as to payment or title.
**(b) Transportation.—** The Secretary of Transportation may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels when the contract is made under sections 1535 and 1536 of title 31 or subtitle V of title 46, regardless of the terms of the contracts as to payment or title.
**(c) National Oceanic and Atmospheric Administration.—** The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947 ([33 U.S.C. 883a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section883a&num=0&edition=prelim) et seq.).
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Source file: Laws/federal/codes/united-states-code/title-40/section-3134-waivers-for-certain-contracts--34b0fd8a7b.md
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Source location: Title 40, Chapter 31, § 3134; chapter-031-general.md
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**(a) Military.—** The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive this subchapter with respect to cost-plus-a-fixed fee and other cost-type contracts for the construction, alteration, or repair of any public building or public work of the Federal Government and with respect to contracts for manufacturing, producing, furnishing, constructing, altering, repairing, processing, or assembling vessels, aircraft, munitions, materiel, or supplies for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of the terms of the contracts as to payment or title.
**(b) Transportation.—** The Secretary of Transportation may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels when the contract is made under sections 1535 and 1536 of title 31 or subtitle V of title 46, regardless of the terms of the contracts as to payment or title.
**(c) National Oceanic and Atmospheric Administration.—** The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947 ([33 U.S.C. 883a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section883a&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Secretary of Commerce, is authorized to conduct the following activities:
(1) Hydrographic and topographic surveys;
(2) Tide and current observations;
(3) Geodetic-control surveys;
(4) Field surveys for aeronautical charts;
(5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 883a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental Restoration Program.—**
(1) **In general.—** — The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”.
(2) **Application of section 120 of cercla.—** — Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)).
(3) **Consultation with epa.—** — The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency.
(4) **Administrative office within osd.—** — The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program.
**(b) Program Goals.—** Goals of the program shall include the following:
(1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant.
(2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.
(3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary.
**(c) Responsibility for Response Actions.—**
(1) **Basic responsibility.—** — The Secretary shall carry out (in accordance with the provisions of this chapter and CER
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability of response action contractors**
(1) **Response action contractors** — A person who is a response action contractor with respect to any release or threatened release of a hazardous substance or pollutant or contaminant from a vessel or facility shall not be liable under this subchapter or under any other Federal law to any person for injuries, costs, damages, expenses, or other liability (including but not limited to claims for indemnification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to property or economic loss) which results from such release or threatened release.
(2) **Negligence, etc.** — Paragraph (1) shall not apply in the case of a release that is caused by conduct of the response action contractor which is negligent, grossly negligent, or which constitutes intentional misconduct.
(3) **Effect on warranties; employer liability** — Nothing in this subsection shall affect the liability of any person under any warranty under Federal, State, or common law. Nothing in this subsection shall affect the liability of an employer who is a response action contractor to any employee of such employer under any provision of law, including any provision of any law relating to worker’s compensation.
(4) **Governmental employees** — A state employee or an employee of a political subdivision who provides services relating to response action while acting within the scope of his authority as a governmental employee shall have the same exemption from liability (subject to the other provisions of this section) as is provided to the response action contractor under this section.
**(b) Savings provisions**
(1) **Liability of other persons** — The defense provided by [section 9607(b)(3) of this title](http
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9619
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Federal law — U.S. Code and appendices · legal_authorities
Page 257
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 883a
Pub. L. 115–31, div. B, title I, § 104, May 5, 2017, 131
Stat. 191.
Pub. L. 114–113, div. B, title I, § 104, Dec. 18, 2015, 129
Stat. 2294.
Pub. L. 113–235, div. B, title I, § 104, Dec. 16, 2014, 128
Stat. 2181.
Pub. L. 113–76, div. B, title I, § 104, Jan. 17, 2014, 128
Stat. 51.
Pub. L. 113–6, div. B, title I, § 105(b), Mar. 26, 2013, 127
Stat. 242.
§ 878b. Safety and health regulations for sci-
entific and occupational diving
On and after March 11, 2009, the Secretary of
Commerce is permitted to prescribe and enforce
standards or regulations affecting safety and
health in the context of scientific and occupa-
tional diving within the National Oceanic and
Atmospheric Administration.
(Pub. L. 111–8, div. B, title I, § 106, Mar. 11, 2009,
123 Stat. 568.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Department of
Commerce Appropriations Act, 2009, which is title I of
the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2009, which is div. B of the Omni-
bus Appropriations Act, 2009.
SIMILAR PROVISIONS
Provisions similar to those in this section were con-
tained in the following prior appropriation act:
Pub. L. 110–161, div. B, title I, § 110, Dec. 26, 2007, 121
Stat. 1893.
SUBCHAPTER II—SURVEYS
§§ 881 to 883. Repealed. Aug. 6, 1947, ch. 504,
§ 10(2)–(5), 61 Stat. 788
Section 881, R.S. § 4681, related to authority of the
President to order surveys of coasts of the United
States. See section 883a of this title.
Section 882, R.S. § 4682, related to additional author-
ity to order surveys beyond twenty-league limit. See
section 883a of this title.
Section 883, R.S. §§ 4683, 4684, related to mode of con-
ducting surveys generally. See sections 883a
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 883a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 883a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 119
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 3134
(A) in the name of the United States for
the use of the person bringing the action;
and
(B) in the United States District Court for
any district in which the contract was to be
performed and executed, regardless of the
amount in controversy.
(4)
PERIOD
IN
WHICH
ACTION
MUST
BE
BROUGHT.—An action brought under this sub-
section must be brought no later than one
year after the day on which the last of the
labor was performed or material was supplied
by the person bringing the action.
(5) LIABILITY OF FEDERAL GOVERNMENT.—The
Government is not liable for the payment of
any costs or expenses of any civil action
brought under this subsection.
(c) WAIVER OF RIGHT TO CIVIL ACTION.—A waiv-
er of the right to bring a civil action on a pay-
ment bond required under this subchapter is
void unless the waiver is—
(1) in writing;
(2) signed by the person whose right is
waived; and
(3) executed after the person whose right is
waived has furnished labor or material for use
in the performance of the contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148; Pub.
L. 109–284, § 6(9), (10), Sept. 27, 2006, 120 Stat.
1213.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3133(a) ........
40:270c.
Aug. 24, 1935, ch. 642, § 3, 49
Stat. 794; Pub. L. 86–135,
§ 2, Aug. 4, 1959, 73 Stat.
279; Pub. L. 98–269, Apr. 18,
1984, 98 Stat. 156.
3133(b)(1),
(2).
40:270b(a).
Aug. 24, 1935, ch. 642, § 2(a),
(b), 49 Stat. 794; Pub. L.
86–135, § 1, Aug. 4, 1959, 73
Stat. 279; Pub. L. 106–49,
§ 2(b), Aug. 17, 1999, 113
Stat. 231.
3133(b)(3)–
(5).
40:270b(b).
3133(c) ........
40:270b(c).
Aug. 24, 1935, ch. 642, § 2(c),
as added Pub. L. 106–49,
§ 2(c), Aug. 17, 1
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 3134
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.