41 U.S.C. § 6510 — Manufacturers and regular dealers

Page 171 TITLE 41—PUBLIC CONTRACTS § 6701 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 6509(b) ........ 41:43a(c). 6509(c) ........ 41:43a(b) (last sen- tence). Subsection (a) is substituted for ‘‘Notwithstanding any provision of section 4 of the Administrative Proce- dure Act, such Act shall be applicable in the adminis- tration of sections 1 to 5 and 7 to 9 of this Act’’ in sec- tion 10 of the Act of June 30, 1936 (ch. 881), for consist- ency in the revised title and because of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101). In subsection (c), the words ‘‘has the right of judicial review’’ are substituted for ‘‘Review . . . may be had’’ for consistency with subsection (b) and with section 6510(b) of the revised title and because the review pro- vided for in chapter 7 of title 5 is denominated as judi- cial review. The words ‘‘chapter 7 of title 5’’ are sub- stituted for ‘‘section 10 of the Administrative Proce- dure Act’’ on authority of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101). § 6510. Manufacturers and regular dealers (a) PRESCRIBING STANDARDS.—The Secretary may prescribe, in regulations, standards for de- termining whether a contractor is a manufac- turer or regular dealer with respect to mate- rials, supplies, articles, or equipment to be man- ufactured or furnished under, or used in the per- formance of, a contract entered into by an agen- cy of the United States. (b) JUDICIAL REVIEW.—An interested person has the right of judicial review of any legal question relating to interpretation of the terms ‘‘regular dealer’’ and ‘‘manufacturer’’ as defined pursuant to subsection (a). (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6510 ............ 41:43b. June 30, 1936, ch. 881, § 11, as added Pub. L. 103–355, title VII, § 7201(4), Oct. 13, 1994, 108 Stat. 3378; Pub. L. 104–106, div. D, title XLIII, § 4321(f)(1)(A), Feb. 10, 1996, 110 Stat. 675. In subsection (a), the words ‘‘an agency of the United States’’ are substituted for ‘‘any executive department, independent establishment, or other agency or instru- mentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States’’ because of the definition in section 6501 of the revised title. § 6511. Effect on other law This chapter may not be construed to modify or amend the following provisions: (1) Chapter 83 of this title. (2) Sections 3141 to 3144, 3146, and 3147 of title 40. (3) Chapter 307 of title 18. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6511 ............ 41:42. June 30, 1936, ch. 881, § 8, 49 Stat. 2039. Paragraph (1) is substituted for ‘‘Title III of the act entitled ‘An Act making appropriations for the Treas- ury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’, approved May 3, 1933 (commonly known as the Buy American Act)’’ for consistency in the revised title and to correct an error in the source, which incorrectly gives May 3, 1933, rather than March 3, 1933, as the date of approval. Paragraph (2) is substituted for ‘‘the Act entitled ‘An Act relating to the rate of wages for laborers and me- chanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes’, approved March 3, 1931 (commonly known as the Bacon-Davis Act), as amended from time to time’’ because of section 5(c) of Public Law 107–217 (40 U.S.C. note prec. 101) and for consistency with title 40. The words ‘‘the labor provisions of Title II of the Na- tional Industrial Recovery Act, approved June 16, 1933, as extended’’ are omitted as obsolete because of section 201 of the Act of June 21, 1938 (ch. 554, 52 Stat. 816), as amended by the Acts of June 27, 1940 (ch. 437, 54 Stat. 633), April 5, 1941 (ch. 40, 55 Stat. 110), and June 27, 1942 (ch. 450, 56 Stat. 410). The words ‘‘or [the labor provisions] of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935’’ are omitted as obsolete. The intended ref- erence was probably to section 7 of the Emergency Re- lief Appropriation Act of 1935 (49 Stat. 118). Section 7 of the Emergency Relief Appropriation Act of 1935 pro- vided that the President shall require certain rates of pay for persons engaged in carrying out projects that were financed by amounts being appropriated in that Act. Paragraph (3) is substituted for ‘‘the Act entitled ‘An Act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes’, ap- proved May 27, 1930, as amended and supplemented by the Act approved June 23, 1934’’ for consistency with title 18. The Act of May 27, 1930 (ch. 340, 46 Stat. 391) and the Act of June 23, 1934 (ch. 736, 48 Stat. 1211), which were classified to sections 744a to 744n of former title 18, were substantially repealed and were replaced by chapter 307 and section 4162 of title 18 in the codi- fication of title 18 by the Act of June 25, 1948 (ch. 645, 62 Stat. 683). Subsequently, section 4162 of title 18 was repealed by section 218(a)(4) of Public Law 98–473 (98 Stat. 2027). CHAPTER 67—SERVICE CONTRACT LABOR STANDARDS Sec. 6701. Definitions. 6702. Contracts to which this chapter applies. 6703. Required contract terms. 6704. Limitation on minimum wage. 6705. Violations. 6706. Three-year prohibition on new contracts in case of violation. 6707. Enforcement and administration of chapter. § 6701. Definitions In this chapter: (1) COMPENSATION.—The term ‘‘compensa- tion’’ means any of the payments or fringe benefits described in section 6703 of this title. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor. (3) SERVICE EMPLOYEE.—The term ‘‘service employee’’— (A) means an individual engaged in the performance of a contract made by the Fed- eral Government and not exempted under section 6702(b) of this title, whether nego- tiated or advertised, the principal purpose of which is to furnish services in the United States;