40 U.S.C. § 3701 — Definition and application

Page 143 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3702 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3505 ............ 40:462(g). Aug. 2, 1954, ch. 649, title VII, § 702(g), as added Pub. L. 87–658, § 6, Sept. 14, 1962, 76 Stat. 544; Pub. L. 100–242, title V, § 524(2), Feb. 5, 1988, 101 Stat. 1939. CHAPTER 37—CONTRACT WORK HOURS AND SAFETY STANDARDS Sec. 3701. Definition and application. 3702. Work hours. 3703. Report of violations and withholding of amounts for unpaid wages and liquidated damages. 3704. Health and safety standards in building trades and construction industry. 3705. Safety programs. 3706. Limitations, variations, tolerances, and ex- emptions. 3707. Contractor certification or contract clause in acquisition of commercial items not re- quired. 3708. Criminal penalties. § 3701. Definition and application (a) DEFINITION.—In this chapter, the term ‘‘Federal Government’’ has the same meaning that the term ‘‘United States’’ had in the Con- tract Work Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357). (b) APPLICATION.— (1) CONTRACTS.—This chapter applies to— (A) any contract that may require or in- volve the employment of laborers or me- chanics on a public work of the Federal Gov- ernment, 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 me- chanics 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 instrumen- tality, a territory, or the District of Co- lumbia; or (iii) which is a contract for work fi- nanced at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instru- mentality under any federal law providing wage standards for the work. (2) LABORERS AND MECHANICS.—This chapter applies to all laborers and mechanics em- ployed by a contractor or subcontractor in the performance of any part of the work under the contract— (A) including watchmen, guards, and work- ers 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) EXCEPTIONS.— (A) THIS CHAPTER.—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 mate- rials or articles ordinarily available in the open market; (ii) any work required to be done in ac- cordance 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.—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 instrumen- tality is only a loan guarantee or insurance. (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3701(a) ........ (no source). 3701(b)(1) .... 40:329(a) (1st sen- tence less pro- viso). Pub. L. 87–581, title I, § 103(a), (b), Aug. 13, 1962, 76 Stat. 358. 3701(b)(2) .... 40:329(a) (last sen- tence). 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 sen- tence proviso). Subsection (a) is added for clarity. In subsection (b)(1), before clause (A), the words ‘‘ex- cept as otherwise provided’’ are omitted as unneces- sary. In subsection (b)(2), before clause (A), the words ‘‘Ex- cept 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 Con- tracts 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. Sec- tion 101 of title I of Pub. L. 87–581 was classified to sec- tion 327 of former Title 40 and was repealed and not re- enacted 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. § 3702. Work hours (a) STANDARD WORKWEEK.—The wages of every laborer and mechanic employed by any con-