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10 U.S.C. § 3901 — Contracts: prohibition on competition be-
Federal law — U.S. Code and appendices · legal_authorities
Page 2582
TITLE 10—ARMED FORCES
§ 3901
centage of the total workforce of the offeror consisting
of severely disabled individuals employed by the offeror
shall be one of the evaluation factors.
‘‘(c) CREDIT TOWARD CERTAIN SMALL BUSINESS CON-
TRACTING GOALS.—Department of Defense contracts en-
tered into with eligible contractors under the dem-
onstration project under this section, and subcontracts
entered into with eligible contractors under such con-
tracts, shall be credited toward the attainment of goals
established under section 15(g)(1) of the Small Business
Act (15 U.S.C. 644(g)(1)) regarding the extent of the par-
ticipation of disadvantaged small business concerns in
contracts of the Department of Defense and sub-
contracts under such contracts.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eligible con-
tractor’ means a business entity operated on a for-
profit or nonprofit basis that—
‘‘(A) employs severely disabled individuals at a
rate that averages not less than 33 percent of its
total workforce over a period prescribed by the Sec-
retary;
‘‘(B) pays not less than the minimum wage pre-
scribed pursuant to section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206) to the employ-
ees who are severely disabled individuals; and
‘‘(C) provides for its employees health insurance
and a retirement plan comparable to those provided
for employees by business entities of similar size in
its industrial sector or geographic region.
‘‘(2) SEVERELY DISABLED INDIVIDUAL.—The term ‘se-
verely disabled individual’ means an individual with
a disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) who has
a severe physical or mental impairment that seri-
ously limits one or more
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Page 2582
TITLE 10—ARMED FORCES
§ 3901
centage of the total workforce of the offeror consisting
of severely disabled individuals employed by the offeror
shall be one of the evaluation factors.
‘‘(c) CREDIT TOWARD CERTAIN SMALL BUSINESS CON-
TRACTING GOALS.—Department of Defense contracts en-
tered into with eligible contractors under the dem-
onstration project under this section, and subcontracts
entered into with eligible contractors under such con-
tracts, shall be credited toward the attainment of goals
established under section 15(g)(1) of the Small Business
Act (15 U.S.C. 644(g)(1)) regarding the extent of the par-
ticipation of disadvantaged small business concerns in
contracts of the Department of Defense and sub-
contracts under such contracts.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eligible con-
tractor’ means a business entity operated on a for-
profit or nonprofit basis that—
‘‘(A) employs severely disabled individuals at a
rate that averages not less than 33 percent of its
total workforce over a period prescribed by the Sec-
retary;
‘‘(B) pays not less than the minimum wage pre-
scribed pursuant to section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206) to the employ-
ees who are severely disabled individuals; and
‘‘(C) provides for its employees health insurance
and a retirement plan comparable to those provided
for employees by business entities of similar size in
its industrial sector or geographic region.
‘‘(2) SEVERELY DISABLED INDIVIDUAL.—The term ‘se-
verely disabled individual’ means an individual with
a disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) who has
a severe physical or mental impairment that seri-
ously limits one or more functional capacities.’’
§ 3901. Contracts: prohibition on competition be-
tween Department of Defense and small busi-
nesses
(a) EXCLUSION.—In any case in which the Sec-
retary of Defense plans to use competitive pro-
cedures for a procurement, if the procurement is
to be conducted as described in subsection (b),
then the Secretary shall exclude the Depart-
ment of Defense from competing in the procure-
ment.
(b) PROCUREMENT DESCRIPTION.—The require-
ment to exclude the Department of Defense
under subsection (a) applies in the case of a pro-
curement to be conducted by excluding from
competition entities in the private sector other
than small business concerns in furtherance of
section 8 or 15 of the Small Business Act (15
U.S.C. 637 or 644).
(Added Pub. L. 103–160, div. A, title VIII,
§ 848(a)(1), Nov. 30, 1993, 107 Stat. 1724, § 2304a; re-
numbered § 2304e, Pub. L. 104–106, div. D, title
XLIII, § 4321(b)(6)(A), Feb. 10, 1996, 110 Stat. 672;
amended Pub. L. 115–232, div. A, title VIII,
§ 812(a)(2)(C)(vi), Aug. 13, 2018, 132 Stat. 1847; Pub.
L. 116–92, div. A, title XVII, § 1731(a)(39)(A), Dec.
20, 2019, 133 Stat. 1814; renumbered § 3901, Pub. L.
116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021,
134 Stat. 4242; Pub. L. 117–81, div. A, title XVII,
§ 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 2154.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 1838(b), as amended by Pub. L.
117–81, § 1701(v)(2)(A), renumbered section 2304e of this
title as this section.
2018—Subsec. (b). Pub. L. 115–232 substituted ‘‘other
than’’ for ‘‘other than—’’, struck out par. (1) designa-
tion before ‘‘small business’’, and struck out par. (2)
which read as follows: ‘‘entities described in subsection
(a)(1) of section 2323 of this title in furtherance of the
goal specified in that subsection.’’
1996—Pub. L. 104–106 renumbered section 2304a of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and
note below.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicability of existing law, see section 1801(d) of
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
EFFECTIVE DATE
Pub. L. 103–160, div. A, title VIII, § 848(b), Nov. 30, 1993,
107 Stat. 1725, provided that: ‘‘Section 2304a of title 10,
United States Code [now 10 U.S.C. 3901], as added by
subsection (a), shall take effect on the date of the en-
actment of this Act [Nov. 30, 1993].’’
§ 3902. Credit for Indian contracting in meeting
certain subcontracting goals for small dis-
advantaged businesses
(a) REGULATIONS.—Subject to subsections (b)
and (c), in any case in which a subcontracting
goal is specified in a Department of Defense con-
tract in the implementation of section 8(d) of
the Small Business Act (15 U.S.C. 637(d)), credit
toward meeting that subcontracting goal shall
be given for—
(1) work performed in connection with that
Department of Defense contract, and work
performed in connection with any subcontract
awarded under that Department of Defense
contract, if such work is performed on any In-
dian lands and meets the requirements of
paragraph (1) of subsection (b); or
(2) work performed in connection with that
Department of Defense contract, and work
performed in connection with any subcontract
awarded under that Department of Defense
contract, if the performance of such contract
or subcontract is undertaken as a joint ven-
ture that meets the requirements of paragraph
(2) of that subsection.
(b) ELIGIBLE WORK.—(1) Work performed on In-
dian lands meets the requirements of this para-
graph if—
(A) not less than 40 percent of the workers
directly engaged in the performance of the
work are Indians; or
(B) the contractor or subcontractor has an
agreement with the tribal government having
jurisdiction over such Indian lands that pro-
vides goals for training and development of
the Indian workforce and Indian management.
(2) A joint venture undertaking to perform a
contract or subcontract meets the requirements
of this paragraph if—
(A) an Indian tribe or tribally owned cor-
poration owns at least 50 percent of the joint
venture;
(B) the activities of the joint venture under
the contract or subcontract provide employ-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusion.—** In any case in which the Secretary of Defense plans to use competitive procedures for a procurement, if the procurement is to be conducted as described in subsection (b), then the Secretary shall exclude the Department of Defense from competing in the procurement.
**(b) Procurement Description.—** The requirement to exclude the Department of Defense under subsection (a) applies in the case of a procurement to be conducted by excluding from competition entities in the private sector other than small business concerns in furtherance of section 8 or 15 of the Small Business Act ([15 U.S.C. 637](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim) or 644).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes**
(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate—
(A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 637
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Federal law — U.S. Code and appendices · legal_authorities
Page 890
TITLE 15—COMMERCE AND TRADE
§ 637
mortgage obligations, payments on covered lease ob-
ligations, or covered utility payments, as the case
may be.’’
Subsec. (i). Pub. L. 116–260, div. N, § 276(a)(1), amended
subsec. (i) generally. Prior to amendment, text read as
follows: ‘‘For purposes of title 26, any amount which
(but for this subsection) would be includible in gross in-
come of the eligible recipient by reason of forgiveness
described in subsection (b) shall be excluded from gross
income.’’
Subsec. (l). Pub. L. 116–260, div. N, § 307(a)(3), added
subsec. (l).
Pub. L. 116–260, div. N, § 306(1), struck out subsec. (l).
Text read as follows: ‘‘An eligible recipient that re-
ceived a covered loan before June 5, 2020, may elect for
the covered period applicable to such covered loan to
end on the date that is 8 weeks after the date of the
origination of such covered loan.’’
Pub. L. 116–142, § 3(b)(3), added subsec. (l).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–2 applicable only with re-
spect to applications for forgiveness of covered loans
made under pars. (36) or (37) of section 636(a) of this
title received on or after Mar. 11, 2021, see section
5001(c)(3) of Pub. L. 117–2, set out as a note under sec-
tion 636 of this title.
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–260, div. N, title II, § 276(a)(2), Dec. 27, 2020,
134 Stat. 1979, provided that: ‘‘The amendment made by
this subsection [amending this section] shall apply to
taxable years ending after the date of the enactment of
the CARES Act [Mar. 27, 2020].’’
Amendment by section 304(b)(1)(A), (B), (2) of div. N
of Pub. L. 116–260 effective as if included in Pub. L.
116–136 and applicable to any loan made pursuant to
secti
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 637
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 637. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business procurements**
(1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—
(A) maintaining or mobilizing the full productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
(2) **Industry category defined**
(A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—
(i) due to special capital equipment needs;
(ii) due to special labor requirements;
(iii) due to special geographic requirements, except as provided in subparagraph (B);
(iv) due to unique Federal buying patterns or requirements; or
(v) to recognize a new industry.
(B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless—
(i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;
(ii) Governmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
Page 973
TITLE 15—COMMERCE AND TRADE
§ 644
Editorial Notes
PRIOR PROVISIONS
Prior similar provisions were contained in section 219
of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which
was previously classified to section 648 of this title. The
provisions of section 213 of act July 30, 1953, formerly
classified to this section, were transferred to section
2[8] of Pub. L. 85–536, and are classified to section
637(b)(6), (7) of this title. See Codification note set out
under section 631 of this title.
§ 643. Fair charge for use of Government-owned
property
To the fullest extent the Administration
deems practicable, it shall make a fair charge
for the use of Government-owned property and
make and let contracts on a basis that will re-
sult in a recovery of the direct costs incurred by
the Administration.
(Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.)
Editorial Notes
PRIOR PROVISIONS
Prior similar provisions were contained in section 220
of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which
was previously classified to section 649 of this title. The
provisions of section 214 of act July 30, 1953, formerly
classified to this section, were transferred to section
2[15] of Pub. L. 85–536, and are classified to section 644
of this title. See Codification note set out under section
631 of this title.
§ 644. Awards or contracts
(a) Small business procurements
(1) In general
For purposes of this chapter, small business
concerns shall receive any award or contract if
such award or contract is, in the determina-
tion of the Administrator and the contracting
agency, in the interest of—
(A) maintaining or mobilizing the full pro-
ductive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employees** Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates:
(1) except as otherwise provided in this section, not less than—
(A) $5.85 an hour, beginning on the 60th day after May 25, 2007;
(B) $6.55 an hour, beginning 12 months after that 60th day; and
(C) $7.25 an hour, beginning 24 months after that 60th day;
(2) if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section. The Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate to carry out any of the provisions of this paragraph, including the power without limiting the generality of the foregoing, to define any operation or occupation which is performed by such home work employees in Puerto Rico or the Virgin Islands; to establish minimum piece rates for any operation or occupation so defined; to prescribe the method and procedure for ascertaining and promulgating mi
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 206
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Federal law — U.S. Code and appendices · legal_authorities
Page 71
TITLE 29—LABOR
§ 206
1 See References in Text note below.
that Department, with exception of functions vested by
Administrative Procedure Act (now covered by sections
551 et seq. and 701 et seq. of Title 5, Government Orga-
nization and Employees) in hearing examiners em-
ployed by Department, transferred to Secretary of
Labor, with power vested in him to authorize their per-
formance or performance of any of his functions by any
of those officers, agencies, and employees, by Reorg.
Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set
out in the Appendix to Title 5.
§ 205.
Repealed.
Pub.
L.
110–28,
title
VIII,
§ 8103(c)(1)(A), May 25, 2007, 121 Stat. 189
Section, acts June 25, 1938, ch. 676, § 5, 52 Stat. 1062;
June 26, 1940, ch. 432, § 3(c), 54 Stat. 615; Oct. 26, 1949, ch.
736, § 5, 63 Stat. 911; Aug. 12, 1955, ch. 867, § 5(a), 69 Stat.
711; Pub. L. 87–30, § 4, May 5, 1961, 75 Stat. 67; Pub. L.
93–259, § 5(a), Apr. 8, 1974, 88 Stat. 56; Pub. L. 101–157,
§ 4(a), Nov. 17, 1989, 103 Stat. 939, related to establish-
ment of special industry committees for American
Samoa to recommend the minimum rate or rates of
wages. See section 8103 of Pub. L. 110–28, set out as a
note under section 206 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective 60 days after May 25, 2007, see section
8103(c)(2) of Pub. L. 110–28, set out as an Effective Date
of 2007 Amendment note under section 206 of this title.
§ 206. Minimum wage
(a) Employees engaged in commerce; home work-
ers in Puerto Rico and Virgin Islands; em-
ployees in American Samoa; seamen on
American vessels; agricultural employees
Every employer shall pay to each of his em-
ployees who in any workweek is engaged in com-
merce or in the
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 206
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Federal law — U.S. Code and appendices · legal_authorities
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12102
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Federal law — U.S. Code and appendices · legal_authorities
Page 8239
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12102
people with a range of substantially limiting impair-
ments are not people with disabilities;
‘‘(7) in particular, the Supreme Court, in the case of
Toyota Motor Manufacturing, Kentucky, Inc. v. Wil-
liams, 534 U.S. 184 (2002), interpreted the term ‘sub-
stantially limits’ to require a greater degree of limi-
tation than was intended by Congress; and
‘‘(8) Congress finds that the current Equal Employ-
ment Opportunity Commission ADA regulations de-
fining the term ‘substantially limits’ as ‘significantly
restricted’ are inconsistent with congressional in-
tent, by expressing too high a standard.
‘‘(b) PURPOSES.—The purposes of this Act [see Short
Title of 2008 Amendment note above] are—
‘‘(1) to carry out the ADA’s objectives of providing
‘a clear and comprehensive national mandate for the
elimination of discrimination’ and ‘clear, strong, con-
sistent, enforceable standards addressing discrimina-
tion’ by reinstating a broad scope of protection to be
available under the ADA;
‘‘(2) to reject the requirement enunciated by the
Supreme Court in Sutton v. United Air Lines, Inc.,
527 U.S. 471 (1999) and its companion cases that
whether an impairment substantially limits a major
life activity is to be determined with reference to the
ameliorative effects of mitigating measures;
‘‘(3) to reject the Supreme Court’s reasoning in Sut-
ton v. United Air Lines, Inc., 527 U.S. 471 (1999) with
regard to coverage under the third prong of the defi-
nition of disability and to reinstate the reasoning of
the Supreme Court in School Board of Nassau County
v. Arline, 480 U.S. 273 (1987) which set forth a broad
view of the third prong of the definition of handicap
under the Rehabilitation Act of 1973;
‘‘(4) to re
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12102
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