§ 3701. Definition and application

611 words·~3 min read·/usc/title-40/section-3701

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(a)Definition.— In this chapter, the term “Federal Government” has the same meaning that the term “United States” had in the Contract 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 involve the employment of laborers or mechanics on a public work of the Federal Government, 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 mechanics 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 instrumentality, a territory, or the District of Columbia; or

(iii)which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work.

(2)Laborers and mechanics.— This chapter applies to all laborers and mechanics employed by a contractor or subcontractor in the performance of any part of the work under the contract—

(A)including watchmen, guards, and workers 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 materials or articles ordinarily available in the open market;

(ii)any work required to be done in accordance 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 instrumentality 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.)

Subsection

(a)is added for clarity.

In subsection (b)(1), before clause (A), the words “except as otherwise provided” are omitted as unnecessary.

In subsection (b)(2), before clause (A), the words “Except 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 Contracts Act” to use the correct short title of the Act.

Connections255 cite this · traces to 1

Cited by 255 sections · top 60

U.S. Code

CFR

§ 92.354
Labor.

Traces to 1 document

U.S. Code

Work hours
§ 3702

14 references not yet in our index

Public Law 87–581
76 Stat. 357
Pub. L. 107–217
116 Stat. 1169
Pub. L. 109–284, § 6(14)
120 Stat. 1213
Pub. L. 111–350, § 5
124 Stat. 3852
Pub. L. 87–581
116 Stat. 1062
Section 101 of title I of Pub. L. 87–581
Pub. L. 111–350
41 U.S.C. 35
Pub. L. 109–284

Citation graph

cites case law

§ 3701

Definition and application

Fed. Reg.×249

U.S.C.×4

C.F.R.×2

U.S.C.§ 3702

Pub. L.Public Law 87–581

Stat.76 Stat. 357

Pub. L.Pub. L. 107–217

Stat.116 Stat. 1169

Pub. L.Pub. L. 109–284, § 6(14)

Cites 15 · showing 6Cited by 255 across 3 sources