-CITE-
    41 USC CHAPTER 1 - GENERAL PROVISIONS                       01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
                      CHAPTER 1 - GENERAL PROVISIONS                  

-MISC1-
    Sec.                                                     
    1 to 4a.    Repealed.                                             
    5.          Advertisements for proposals for purchases and
                 contracts for supplies or services for Government
                 departments; application to Government sales and
                 contracts to sell and to Government corporations.    
    5a.         Definitions.                                          
    6.          Repealed.                                             
    6a.         Advertisements for proposals for purchases and
                 contracts for supplies or services for Government
                 departments; limited to particular agencies under
                 specified circumstances.                             
    6a-1.       Architect of the Capitol, exception from advertisement
                 requirements.                                        
    6a-2.       Architect of the Capitol, authority for personal
                 services contracts with legal entities.              
    6a-3.       House of Representatives, exception from advertisement
                 requirements.                                        
    6a-4.       Director of the Congressional Budget Office, exception
                 from advertisement requirements.                     
    6b.         Miscellaneous exceptions from advertisement
                 requirements.                                        
    6c to 6ll.  Repealed or Omitted.                                  
    6mm.        Transferred.                                          
    7 to 7d.    Repealed.                                             
    8.          Opening bids.                                         
    9, 10.      Repealed or Omitted.                                  
    10a.        American materials required for public use.           
    10b.        Contracts for public works; specification for use of
                 American materials; blacklisting contractors
                 violating requirements.                              
    10b-1.      Omitted.                                              
    10b-2.      Limitation on authority to waive Buy American Act
                 requirement.                                         
    10b-3.      Annual report relating to Buy American Act.           
    10c.        Definition of terms used in sections 10a, 10b, and
                 10c.                                                 
    10d.        Clarification of Congressional intent regarding
                 sections 10a and 10b(a).                             
    11.         No contracts or purchases unless authorized or under
                 adequate appropriation; report to the Congress.      
    11a.        Contracts for fuel by Secretary of the Army without
                 regard to current fiscal year.                       
    12.         No contract to exceed appropriation.                  
    13.         Contracts limited to one year.                        
    13a.        Repealed.                                             
    14.         Restriction on purchases of land.                     
    15.         Transfers of contracts; assignments; assignee not
                 subject to reduction or setoff.                      
    16 to 21.   Repealed or Omitted.                                  
    22.         Interest of Member of Congress.                       
    23.         Orders or contracts for material placed with
                 Government-owned establishments deemed obligations.  
    24.         Contracts for transportation of moneys, bullion, coin,
                 and securities.                                      
    24a to 34.  Omitted or Repealed.                                  
    35.         Contracts for materials, etc., exceeding $10,000;
                 representations and stipulations.                    
    36.         Liability for contract breach; cancellation;
                 completion by Government agency; employee's wages.   
    37.         Distribution of list of persons breaching contract;
                 future contracts prohibited.                         
    38.         Administration of Walsh-Healey provisions; officers
                 and employees; appointment; investigations; rules and
                 regulations.                                         
    39.         Hearings on Walsh-Healey provisions by Secretary of
                 Labor; witness fees; failure to obey order;
                 punishment.                                          
    40.         Exceptions from Walsh-Healey provisions; modification
                 of contracts; variations; overtime; suspension of
                 representations and stipulations.                    
    41.         "Person" defined in Walsh-Healey provisions.          
    42.         Effect of Walsh-Healey provisions on other laws.      
    43.         Walsh-Healey provisions not applicable to certain
                 contracts.                                           
    43a.        Administrative procedure provisions.                  
    43b.        Manufacturers and regular dealers.                    
    44.         Separability of Walsh-Healey provisions.              
    45.         Effective date of Walsh-Healey provisions; exception
                 as to representations with respect to minimum wages. 
    46.         Committee for Purchase From People Who Are Blind or
                 Severely Disabled.                                   
    47.         Duties and powers of the Committee.                   
    48.         Procurement requirements for the Government;
                 nonapplication to prison-made products.              
    48a.        Audit.                                                
    48b.        Definitions.                                          
    48c.        Authorization of appropriations.                      
    49.         Defense employment; honorable discharge from land and
                 naval forces as equivalent to birth certificate.     
    50.         "Defense contractor" defined.                         
    51.         Short title.                                          
    52.         Definitions.                                          
    53.         Prohibited conduct.                                   
    54.         Criminal penalties.                                   
    55.         Civil actions.                                        
    56.         Administrative offsets.                               
    57.         Contractor responsibilities.                          
    58.         Inspection authority.                                 


-EXEC-
                         EXECUTIVE ORDER NO. 10925                     
      Ex. Ord. No. 10925, Mar. 6, 1961, 26 F.R. 1977, which related to
    nondiscrimination provisions in Government contracts and
    established the President's Committee on Equal Employment
    Opportunity, was revoked by section 403 of Ex. Ord. No. 11246,
    Sept. 24, 1965, 30 F.R. 12319, set out as a note under section
    2000e of Title 42, The Public Health and Welfare.

-End-



-CITE-
    41 USC Secs. 1 to 4a                                        01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 1 to 4a. Repealed.

-MISC1-
    Secs. 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743.
      Section 1, R.S. Sec. 512; act Feb. 4, 1929, ch. 146, Secs. 1, 3,
    45 Stat. 1147, establish a return office for filing returns of
    contracts made by Secretaries of War, Navy and Interior and
    appointed a clerk for this office.
      Section 2, R.S. Sec. 513, required clerk to file all returns.
      Section 3, R.S. Sec. 514, required clerk to keep an index book.
      Section 4, R.S. Sec. 515, required clerk to provide certified
    copies of any returns for an established fee.
      Section 4a, act Feb. 4, 1929, ch. 146, Secs. 1, 3, 45 Stat. 1147,
    transferred returns office to General Accounting Office and imposed
    duties relating thereto upon Comptroller General.

-End-



-CITE-
    41 USC Sec. 5                                               01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 5. Advertisements for proposals for purchases and contracts
      for supplies or services for Government departments; application
      to Government sales and contracts to sell and to Government
      corporations

-STATUTE-
      Unless otherwise provided in the appropriation concerned or other
    law, purchases and contracts for supplies or services for the
    Government may be made or entered into only after advertising a
    sufficient time previously for proposals, except (1) when the
    amount involved in any one case does not exceed $25,000, (2) when
    the public exigencies require the immediate delivery of the
    articles or performance of the service, (3) when only one source of
    supply is available and the Government purchasing or contracting
    officer shall so certify, or (4) when the services are required to
    be performed by the contractor in person and are (A) of a technical
    and professional nature or (B) under Government supervision and
    paid for on a time basis. Except (1) as authorized by section 1638
    (!1) of Appendix to title 50, (2) when otherwise authorized by law,
    or (3) when the reasonable value involved in any one case does not
    exceed $500, sales and contracts of sale by the Government shall be
    governed by the requirements of this section for advertising.

      In the case of wholly owned Government corporations, this section
    shall apply to their administrative transactions only.

-SOURCE-
    (R.S. Sec. 3709; Aug. 2, 1946, ch. 744, Sec. 9(a), (c), 60 Stat.
    809; June 30, 1949, ch. 288, title VI, Sec. 602(f), formerly title
    V, Sec. 502(e), 63 Stat. 403; renumbered Sept. 5, 1950, ch. 849,
    Secs. 6(a), (b), 8(c), 64 Stat. 583, and amended Pub. L. 85-800,
    Sec. 7, Aug. 28, 1958, 72 Stat. 967; Pub. L. 93-356, Sec. 1, July
    25, 1974, 88 Stat. 390; Pub. L. 98-191, Sec. 9(b), Dec. 1, 1983, 97
    Stat. 1332.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1638 of Appendix to title 50, referred to in text, was
    repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1),
    formerly title V, Sec. 502(a)(1), 63 Stat. 399, eff. July 1, 1949,
    renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
    583.

-COD-
                               CODIFICATION                           
      R.S. Sec. 3709 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12
    Stat. 220.


-MISC1-
                                AMENDMENTS                            
      1983 - Pub. L. 98-191 substituted "$25,000" for "$10,000".
      1974 - Pub. L. 93-356 substituted "$10,000" for "$2,500".
      1958 - Pub. L. 85-800 substituted "$2,500" for "$500".
      1949 - Act June 30, 1949, substituted "$500" for "$100".
      1946 - Act Aug. 2, 1946, among other changes, inserted cls. (1),
    (3), and (4), and made section applicable to sales and contracts of
    sale by the Government, except in certain cases.

                     EFFECTIVE DATE OF 1949 AMENDMENT                 
      Amendment by act June 30, 1949, effective July 1, 1949, see
    section 605, formerly section 505, of act June 30, 1949, ch. 288,
    63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a),
    (b), 64 Stat. 583.

                          EXEMPTION OF FUNCTIONS                      
      Functions authorized by Foreign Assistance Act of 1961, as
    amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R.
    6635, set out as a note under section 2393 of Title 22, Foreign
    Relations and Intercourse.

    SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND
                           SPACE ADMINISTRATION
      Section inapplicable to procurement or sale of property or
    services by Armed Services and National Aeronautics and Space
    Administration, see section 2314 of Title 10, Armed Forces.

                           REPEAL OF EXEMPTIONS                       
      Section 9(b) of act Aug. 2, 1946, provided: "Exemptions from
    section 3709, Revised Statutes [this section], in other law in
    amounts of $100 or less are hereby repealed."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Sec. 5a                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 5a. Definitions

-STATUTE-
      The word "department" as used in this Act shall be construed to
    include independent establishments, other agencies, wholly owned
    Government corporations (the transactions of which corporations
    shall be subject to the authorizations and limitations of this Act,
    except that section 5 of this title shall apply to their
    administrative transactions only), and the government of the
    District of Columbia, but shall not include the Senate, House of
    Representatives, or office of the Architect of the Capitol, or the
    officers or employees thereof. The words "continental United
    States" as used herein shall be construed to mean the forty-eight
    States and the District of Columbia. The word "Government" shall be
    construed to include the government of the District of Columbia.
    The word "appropriation" shall be construed as including funds made
    available by legislation under section 9104 of title 31.

-SOURCE-
    (Aug. 2, 1946, ch. 744, Sec. 18, 60 Stat. 811.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means act Aug. 2, 1946, ch. 744,
    60 Stat. 806. For complete classification of this Act to the Code
    see Tables.

-COD-
                               CODIFICATION                           
      "Section 9104 of title 31" substituted in text for "section 104
    of the Government Corporation Control Act, approved December 6,
    1945 [31 U.S.C. 849]" on authority of Pub. L. 97-258, Sec. 4(b),
    Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
    Title 31, Money and Finance.
      Section was formerly classified to section 73b-4 of title 5 prior
    to the general revision and reenactment of Title 5, Government
    Organization and Employees by Pub. L. 89-554, Sept. 6, 1966 80
    Stat. 378.

-End-



-CITE-
    41 USC Sec. 6                                               01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6. Repealed.

-MISC1-
    Sec. 6. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(98)-(105), 65
      Stat. 705.
      Section, acts Oct. 10, 1940, ch. 851, Sec. 1, 54 Stat. 1109; June
    28, 1941, ch. 258, titles II, III, IV, 55 Stat. 281, 289, 292, 302;
    June 8, 1942, ch. 396, 56 Stat. 347; July 2, 1942, ch. 472, titles
    II, III, IV, 56 Stat. 483, 500, 505; June 28, 1943, ch. 173, titles
    I, II, 57 Stat. 236, 243; June 26, 1944, ch. 277, titles I, II, 58
    Stat. 351, 358; June 13, 1945, ch. 189, 59 Stat. 256; July 1, 1946,
    ch. 530, 60 Stat. 405; June 30, 1947, ch. 166, title II, Sec. 204,
    61 Stat. 208; June 30, 1949, ch. 288, title I, Secs. 103, 104(a),
    63 Stat. 380, which excepted from provisions of section 5 of this
    title a number of specified Government departments and agencies,
    when purchases or services were not in excess of certain specified
    amounts up to $500.
      Another provision of title III of act July 2, 1942, ch. 472, 56
    Stat. 493, which also had been shown as one of the sources of this
    former section, made an exception with respect to purchases or
    services rendered for the Office of the Administrator of Civil
    Aeronautics, when the aggregate amount involved did not exceed
    $100. That provision was not repealed, but, if it did not expire
    with that act, which was an appropriation act, it was superseded by
    section 5 of this title, as amended.
      A prior section 6, acts Feb. 27, 1893, ch. 168, 27 Stat. 485;
    Mar. 1, 1899, ch. 325, 30 Stat. 957; Mar. 2, 1911, ch. 192, 36
    Stat. 975; May 18, 1916, ch. 125, 39 Stat. 126; Mar. 1, 1919, ch.
    86, 40 Stat. 1262; May 29, 1920, ch. 214, 41 Stat. 677; June 12,
    1922, ch. 218, 42 Stat. 638; Feb. 13, 1923, ch. 72, 42 Stat. 1244;
    Feb. 15, 1934, ch. 13, 48 Stat. 351, related to exceptions to the
    requirements of section 5 of this title, prior to repeal by act
    Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. See sections 5, 6a,
    and 6b of this title.

-End-



-CITE-
    41 USC Sec. 6a                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6a. Advertisements for proposals for purchases and contracts
      for supplies or services for Government departments; limited to
      particular agencies under specified circumstances

-STATUTE-
      Section 5 of this title shall not be construed to apply under any
    appropriation Act to the following departments and independent
    offices under the circumstances specified herein:
      (a) American Battle Monuments Commission - to any leases in
    foreign countries for office or garage space.
      (b) to (e) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(107), 65
    Stat. 705.
      (f) The Bureau of Interparliamentary Union for Promotion of
    International Arbitration - to stenographic reporting services by
    contract if deemed necessary.
      (g) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(107), 65 Stat. 705.
      (h) Department of State - when the purchase or service relates to
    the packing of personal and household effects of Diplomatic,
    Consular, and Foreign Service officers and clerks for foreign
    shipment.
      (i) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(107), 65 Stat. 705.
      (j) The International Committee of Aerial Legal Experts - to
    stenographic and other service by contract as deemed necessary.

-SOURCE-
    (June 12, 1917, ch. 27, 40 Stat. 144; May 13, 1926, ch. 294, 44
    Stat. 547; Oct. 10, 1940, ch. 851, Sec. 2, 54 Stat. 1110; June 28,
    1941, ch. 259, 55 Stat. 344; Oct. 31, 1951, ch. 654, Secs. 1(106)-
    (108), 3(8), (9), 4(9), 65 Stat. 705, 708, 709; Pub. L. 85-75,
    July 1, 1957, 71 Stat. 251.)

-COD-
                               CODIFICATION                           
      Opening par., and subsecs. (a), (f), (h), and (j) of this section
    are from act Oct. 10, 1940, Sec. 2, opening par., and pars. (a),
    (f), and (j). Remainder of paragraphs of section 2 were repealed.
    See 1951 amendment note set out under this section.
      Subsec. (o) of this section, which was from Act May 13, 1926, ch.
    294, Sec. 1, 44 Stat. 547, made section 5 of this title
    inapplicable to the Architect of the Capitol in the purchase of
    supplies and equipment and procurement of services when the
    aggregate amount thereof did not exceed $1,000 in any instance and
    was omitted as superseded by section 6a-1 of this title.
      Subsec. (p) of this section, which was from act June 12, 1917,
    ch. 27, Sec. 1, 40 Stat. 144, made section 5 of this title
    inapplicable to expenditures not exceeding $50 by the United States
    Geological Survey and was repealed by act Oct. 31, 1951, ch. 654,
    Sec. 1(106), 65 Stat. 705.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 6a, acts Jan. 25, 1929, ch. 102, title IV, 45
    Stat. 1136; Apr. 18, 1930, ch. 184, title IV, 46 Stat. 215; Feb.
    23, 1931, ch. 280, title IV, 46 Stat. 1352; July 1, 1932, ch. 361,
    title IV, 47 Stat. 520; Mar. 1, 1933, ch. 144, title IV, 47 Stat.
    1409; Apr. 7, 1934, ch. 104, title IV, 48 Stat. 568; Mar. 22, 1935,
    ch. 39, Sec. 1, 49 Stat. 102; May 15, 1936, ch. 405, 49 Stat. 1347;
    June 16, 1937, ch. 359, title IV, 50 Stat. 298; Apr. 27, 1938, ch.
    180, title IV, 52 Stat. 285; June 29, 1939, ch. 249, 53 Stat. 921;
    June 26, 1940, ch. 428, title I, 54 Stat. 575, excepted Department
    of Labor from the provisions of section 5 of this title, prior to
    repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111.

                                AMENDMENTS                            
      1957 - Subsec. (o). Pub. L. 85-75 substituted "$1,000" for
    "$500".
      1951 - Subsec. (a). Act Oct. 31, 1951, Sec. 3(8), struck out "to
    any purchases when the aggregate amount involved does not exceed
    $500, nor" before "to any leases".
      Subsec. (b). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (b)
    which related to Botanic Garden.
      Subsec. (c). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (c)
    which also related to Botanic Garden.
      Subsec. (d). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (d)
    which related to Bureau of the Budget.
      Subsec. (e). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (e)
    which related to Bureau of Foreign and Domestic Commerce.
      Subsec. (g). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (g)
    which related to Department of the Interior.
      Subsec. (h). Act Oct. 31, 1951, Sec. 3(9), struck out "to any
    purchase or service when the aggregate amount does not exceed $100,
    or with respect to articles, materials, or supplies for use outside
    the United States when the aggregate amount involved does not
    exceed $300; or" before "when the purchase".
      Subsec. (i). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (i)
    which related to Federal Communications Commission.
      Subsec. (k). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (k)
    which related to Medical Department of the Army.
      Subsec. (l). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (l)
    which related to Social Security Board.
      Subsec. (m). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (m)
    which related to Bureau of Mines.
      Subsec. (n). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (n)
    which related to Bureau of Reclamation.
      Subsec. (o). Act Oct. 31, 1951, Sec. 4(9), increased the maximum
    from $200 to $500.
      1941 - Subsec. (m). Act June 28, 1941, reaffirmed provision
    respecting Bureau of Mines.

                                  REPEALS                              
      Section 1(108) of act Oct. 31, 1951, repealed the proviso in act
    June 28, 1941, cited as a credit to this section, which excepted
    expenditures not exceeding $500 by the Bureau of Mines from section
    5 of this title.
      Section 1(106) of act Oct. 31, 1951, repealed the proviso in act
    June 12, 1917, cited as a credit to this section, which excepted
    expenditures not exceeding $50 by the United States Geological
    Survey from section 5 of this title.
      Section 4(a) of act Oct. 10, 1940, provided for repeal of all
    prior laws, which are covered by that act and that any rights or
    liabilities existing under those repealed sections or parts of
    sections shall not be affected by their repeal.

                    LEASES FOR FOREIGN SERVICE OFFICES                
      Provisions contained in annual appropriation acts for the
    Department of State authorizing the Secretary of State to enter
    into leases for Foreign Service offices and grounds for periods not
    exceeding ten years without regard to section 5 of this title were
    made permanent, and are covered by section 2670 of Title 22,
    Foreign Relations and Intercourse.


-TRANS-
                     BUREAU OF EMPLOYEES' COMPENSATION                 
      Section 5 of this title not applicable to any purchase or service
    of the Bureau of Employees' Compensation outside continental United
    States when the aggregate amount involved does not exceed $500
    under acts July 8, 1947, ch. 210, title II, 61 Stat. 264; June 14,
    1948, ch. 465, title II, 62 Stat. 396; June 29, 1949, ch. 275,
    title II, 63 Stat. 284. This Bureau, with its functions,
    transferred from Federal Security Agency to Department of Labor by
    Reorg. Plan No. 19, of 1950, Sec. 1, eff. May 24, 1950, 15 F.R.
    3178, 64 Stat. 1271, set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC2-
          GOVERNMENT-OWNED FURNITURE REMOVED TO WASHINGTON, D.C.      
      Act July 30, 1947, ch. 359, title I, 61 Stat. 594, provided in
    part: "That removal to the seat of government of Government-owned
    or leased furniture, equipment, supplies, and other property and
    household goods and personal effects of employees, and costs of
    restoration of leased office space when required, may be
    accomplished without regard to section 3709 of the Revised Statutes
    [section 5 of this title]".

    SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND
                           SPACE ADMINISTRATION
      Section inapplicable to procurement or sale of property or
    services by Armed Services and National Aeronautics and Space
    Administration, see section 2314 of Title 10, Armed Forces.

-End-



-CITE-
    41 USC Sec. 6a-1                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6a-1. Architect of the Capitol, exception from advertisement
      requirements

-STATUTE-
      On and after July 27, 1965, the purchase of supplies and
    equipment and the procurement of services for all branches under
    the Architect of the Capitol may be made in the open market without
    compliance with section 5 of this title in the manner common among
    businessmen, when the aggregate amount of the purchase or the
    service does not exceed $25,000 in any instance.

-SOURCE-
    (Pub. L. 89-90, July 27, 1965, 79 Stat. 276; Pub. L. 93-356, Sec.
    2, July 25, 1974, 88 Stat. 390; Pub. L. 98-191, Sec. 9(c), Dec. 1,
    1983, 97 Stat. 1332.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 6a-1, acts June 25, 1910, ch. 431, Sec. 23, 36
    Stat. 861; May 18, 1916, ch. 125, Sec. 1, 39 Stat. 126; Jan. 12,
    1927, ch. 27, 44 Stat. 936, related to purchase of Indian supplies,
    prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat.
    1111.

                                AMENDMENTS                            
      1983 - Pub. L. 98-191 substituted "$25,000" for "$10,000".
      1974 - Pub. L. 93-356 substituted "$10,000" for "$2,500".

-End-



-CITE-
    41 USC Sec. 6a-2                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6a-2. Architect of the Capitol, authority for personal
      services contracts with legal entities

-STATUTE-
      Notwithstanding any other provision of law, the Architect of the
    Capitol is authorized to contract for personal services with any
    firm, partnership, corporation, association, or other legal entity
    in the same manner as he is authorized to contract for personal
    services with individuals under the provisions of section 5 of this
    title.

-SOURCE-
    (Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.)

-End-



-CITE-
    41 USC Sec. 6a-3                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6a-3. House of Representatives, exception from advertisement
      requirements

-STATUTE-
      Section 5 of this title does not apply to purchases and contracts
    for supplies or services for any office of the House of
    Representatives in any fiscal year.

-SOURCE-
    (Pub. L. 108-7, div. H, title I, Sec. 104, Feb. 20, 2003, 117 Stat.
    354.)

-End-



-CITE-
    41 USC Sec. 6a-4                                            01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6a-4. Director of the Congressional Budget Office, exception
      from advertisement requirements

-STATUTE-
    (a) Exception
      The Director of the Congressional Budget Office may enter into
    agreements or contracts without regard to section 5 of this title.
    (b) Effective Date
      This section shall apply to fiscal year 2003 and each fiscal year
    thereafter.

-SOURCE-
    (Pub. L. 108-7, div. H, title I, Sec. 1102, Feb. 20, 2003, 117
    Stat. 370.)

-End-



-CITE-
    41 USC Sec. 6b                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6b. Miscellaneous exceptions from advertisement requirements

-STATUTE-
    (a) Control of insects, pests, and grass diseases
      Materials and equipment for the control of incipient or emergency
    outbreaks of insects, pests, or grass diseases, including
    grasshoppers, Mormon crickets, and chinch bugs, may be procured
    with any sums appropriated to carry out the provisions of sections
    148 to 148e (!1) of title 7 without regard to the provisions of
    section 5 of this title, and the transportation thereof may be
    under such conditions and means as shall be determined by the
    Secretary of Agriculture to be most advantageous.

    (b) Omitted
    (c) Operations on Menominee Indian Reservation
      All contracts for labor or supplies necessary for the carrying on
    of operations on the Menominee Indian Reservation pursuant to the
    Act of March 28, 1908 (35 Stat. 51), as amended, shall be exempt
    from the requirements of section 5 of this title.
    (d) Sale of Indian produced forest products
      The lumber and other forest products produced by Indian
    enterprises from the forests on Indian reservations may be sold
    under such regulations as the Secretary of the Interior may
    prescribe, without compliance with section 5 of this title.

-SOURCE-
    (June 24, 1940, ch. 412, 54 Stat. 504; Oct. 10, 1940, ch. 851, Sec.
    3, 54 Stat. 1111.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 148 to 148e of title 7, referred to in subsec. (a), were
    repealed. Sections 148, 148a, and 148c to 148e were repealed by
    Pub. L. 106-224, title IV, Sec. 438(a)(6), June 20, 2000, 114 Stat.
    454, and section 148b was repealed by Act Oct. 10, 1940, ch. 851,
    Sec. 4, 54 Stat. 1111.
      Act of March 28, 1908 (35 Stat. 51), referred to in subsec. (c),
    probably means act Mar. 28, 1908, ch. 111, 35 Stat. 51, which is
    not classified to the Code.

-COD-
                               CODIFICATION                           
      Subsecs. (a) to (c) are from act Oct. 10, 1940. Subsec. (b),
    which related to obligations of Civilian Conservation Corps, was
    omitted because the Corps was liquidated June 30, 1944.
      Subsec. (d) is from act June 24, 1940, which was formerly
    classified to section 6mm of this title.
      Subsec. (e), which related to the employment of experts or
    consultants in the Canal Zone, was from the General Government
    Matters Appropriation Act, 1962, Pub. L. 87-125, title III, Sec.
    301, Aug. 3, 1961, 75 Stat. 279, and was omitted as not repeated in
    subsequent appropriation acts. Provisions similar to former subsec.
    (e) were contained in the following prior appropriation acts:
      May 13, 1960, Pub. L. 86-451, title II, Sec. 201, 74 Stat. 101.
      July 13, 1959, Pub. L. 86-88, title II, Sec. 201, 73 Stat. 208.
      June 25, 1958, Pub. L. 85-469, title II, Sec. 203, 72 Stat. 236.
      June 13, 1957, Pub. L. 85-52, title II, Sec. 203, 71 Stat. 79, as
    amended Mar. 28, 1958, Pub. L. 85-352, ch. II, Sec. 201, 72 Stat.
    52.
      June 20, 1956, ch. 415, title II, Sec. 203, 70 Stat. 324.
      June 30, 1955, ch. 253, title II, Sec. 203, 69 Stat. 236.
      June 30, 1954, ch. 425, Sec. 104, 68 Stat. 335.
      July 27, 1953, ch. 245, Sec. 104, 67 Stat. 202.
      July 11, 1952, ch. 669, Sec. 104, 66 Stat. 584.
      Oct. 24, 1951, ch. 556, Sec. 104, 65 Stat. 622.
      Sept. 6, 1950, ch. 896, Ch. IX, Sec. 103, 64 Stat. 730.
      Oct. 13, 1949, ch. 688, Sec. 4, 63 Stat. 852.
      June 25, 1948, ch. 655, Sec. 4, 62 Stat. 1026.
      July 31, 1947, ch. 411, Sec. 4, 61 Stat. 694.
      May 2, 1946, ch. 247, Sec. 4, 60 Stat. 167.
      Mar. 31, 1945, ch. 45, Sec. 4, 59 Stat. 45.
      June 26, 1944, ch. 275, Sec. 4, 58 Stat. 333.
      June 2, 1943, ch. 115, Sec. 4, 57 Stat. 99.
      Apr. 28, 1942, ch. 246, Sec. 5, 56 Stat. 225.
      June 24, 1940, ch. 412, 54 Stat. 504.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 6b, acts Feb. 23, 1931, ch. 281, 46 Stat. 1363;
    June 30, 1932, ch. 330, 47 Stat. 460; June 16, 1933, ch. 101, 48
    Stat. 292; Mar. 28, 1934, ch. 102, title I, 48 Stat. 514; Feb. 2,
    1935, ch. 3, 49 Stat. 11; Mar. 19, 1936, ch. 156, 49 Stat. 1173;
    June 28, 1937, ch. 396, 50 Stat. 336; May 23, 1938, ch. 259, 52
    Stat. 418; Mar. 16, 1939, ch. 11, 53 Stat. 532; Apr. 18, 1940, ch.
    107, 54 Stat. 131, excepted General Accounting Office from
    provisions of section 5 of this title, prior to repeal by act Oct.
    10, 1940, ch. 851, Sec. 4, 54 Stat. 1111.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all officers, agencies and employees of Department
    of Agriculture transferred, with certain exceptions, to Secretary
    of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4,
    1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title
    5, Government Organization and Employees.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Secs. 6c to 6jj                                      01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 6c to 6jj. Repealed.

-MISC1-
    Secs. 6c to 6jj. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat.
      1111.
      Section 6c, acts June 22, 1936, ch. 689, 49 Stat. 1604; June 28,
    1937, ch. 396, 50 Stat. 341; May 23, 1938, ch. 259, 52 Stat. 424;
    Mar. 16, 1939, ch. 11, 53 Stat. 539; June 25, 1940, ch. 421, 54
    Stat. 566, excepted Rural Electrification Administration from
    provisions of section 5 of this title when aggregate amount
    involved did not exceed $100.
      Section 6d, acts June 22, 1936, ch. 689, 49 Stat. 1605; June 28,
    1937, ch. 396, 50 Stat. 344; May 23, 1938, ch. 259, 52 Stat. 426;
    Mar. 16, 1939, ch. 11, 53 Stat. 540, excepted Social Security Board
    from provisions of section 5 of this title when aggregate amount
    involved did not exceed $100.
      Section 6e, acts May 14, 1937, ch. 180, title I, 50 Stat. 139;
    Mar. 28, 1938, ch. 55, 52 Stat. 123; May 6, 1939, ch. 115, title I,
    53 Stat. 656; Mar. 25, 1940, ch. 71, title I, 54 Stat. 56, excepted
    Treasury Department from provisions of section 5 of this title when
    aggregate amount involved did not exceed $50.
      Section 6f, acts June 16, 1937, ch. 359, title I, 50 Stat. 273;
    Apr. 27, 1938, ch. 180, title I, 52 Stat. 258; June 29, 1939, ch.
    248, title I, 53 Stat. 896; May 14, 1940, ch. 189, title I, 54
    Stat. 192, excepted Department of State from provisions of section
    5 of this title when aggregate amount involved did not exceed
    certain specified amounts.
      Section 6g, acts June 16, 1937, ch. 359, title II, 50 Stat. 275;
    Apr. 27, 1938, ch. 180, title II, 52 Stat. 260; June 29, 1939, ch.
    248, title II, 53 Stat. 898; May 14, 1940, ch. 189, title III, 54
    Stat. 201, 202, excepted Federal Bureau of Investigation from
    provisions of section 5 of this title when aggregate amount did not
    exceed $50.
      Section 6h, acts June 16, 1937, ch. 359, title III, 50 Stat. 285;
    Apr. 27, 1938, ch. 180, title III, 52 Stat. 272, excepted Bureau of
    Air Commerce from provisions of section 5 of this title when
    aggregate amount involved did not exceed $100.
      Section 6i, acts June 28, 1937, ch. 396, 50 Stat. 335; May 23,
    1938, ch. 259, 52 Stat. 417; Mar. 16, 1939, ch. 11, 53 Stat. 532;
    Apr. 18, 1940, ch. 107, 54 Stat. 124, excepted Federal Trade
    Commission from provisions of section 5 of this title when
    aggregate amount involved did not exceed $50.
      Section 6j, acts June 28, 1937, ch. 396, 50 Stat. 338; May 23,
    1938, ch. 259, 52 Stat. 420; Mar. 16, 1939, ch. 11, 53 Stat. 534;
    Apr. 18, 1940, ch. 107, 54 Stat. 133, excepted Interstate Commerce
    Commission from provisions of section 5 of this title when
    aggregate amount involved did not exceed $50.
      Section 6k, acts June 28, 1937, ch. 396, 50 Stat. 339; May 23,
    1938, ch. 259, 52 Stat. 421; Mar. 16, 1939, ch. 11, 53 Stat. 536;
    Apr. 18, 1940, ch. 107, 54 Stat. 135, excepted National Archives
    from provisions of section 5 of this title when aggregate amount
    did not exceed $50.
      Section 6l, acts June 28, 1937, ch. 396, 50 Stat. 339; May 23,
    1938, ch. 259, 52 Stat. 422; Mar. 16, 1939, ch. 11, 53 Stat. 537;
    June 26, 1940, ch. 428, title IV, 54 Stat. 595, excepted National
    Labor Relations Board from provisions of section 5 of this title
    when aggregate amount involved did not exceed $50.
      Section 6m, acts June 28, 1937, ch. 396, 50 Stat. 341; May 23,
    1938, ch. 259, 52 Stat. 423; Mar. 16, 1939, ch. 11, 53 Stat. 538;
    June 26, 1940, ch. 428, title VI, 54 Stat. 596, excepted Railroad
    Retirement Board from provisions of section 5 of this title when
    aggregate amount involved did not exceed $50.
      Section 6n, acts June 28, 1937, ch. 396, 50 Stat. 342; May 23,
    1938, ch. 259, 52 Stat. 425; Mar. 16, 1939, ch. 11, 53 Stat. 539;
    Apr. 18, 1940, ch. 107, 54 Stat. 136, excepted Securities and
    Exchange Commission from provisions of section 5 of this title when
    aggregate amount involved did not exceed $50.
      Section 6o, act Apr. 6, 1937, ch. 69, Sec. 3, as added May 9,
    1938, ch. 192, 52 Stat. 344, excepted control of insects and plant
    diseases from provisions of section 5 of this title.
      Section 6p, act May 23, 1938, ch. 259, 52 Stat. 417, Mar. 16,
    1939, ch. 11, 53 Stat. 531; Apr. 18, 1940, ch. 107, 54 Stat. 124,
    excepted Federal Power Commission from provisions of section 5 of
    this title when aggregate amount involved did not exceed $50.
      Section 6q, acts June 25, 1938, ch. 681, title I, 52 Stat. 1117;
    Mar. 16, 1939, ch. 11, 53 Stat. 535; Apr. 18, 1940, ch. 107, 54
    Stat. 134, excepted Maritime Labor Board from provisions of section
    5 of this title when aggregate amount involved did not exceed $100.
      Section 6r, acts Mar. 16, 1939, ch. 11, 53 Stat. 527; Apr. 18,
    1940, ch. 107, 54 Stat. 116, excepted Civil Aeronautics Authority
    from provisions of section 5 of this title when aggregate amount
    involved did not exceed $100.
      Section 6s, acts Aug. 7, 1935, ch. 455, 49 Stat. 540; Feb. 11,
    1936, ch. 49, 49 Stat. 1123; May 15, 1936, ch. 405, 49 Stat. 1316;
    June 16, 1937, ch. 359, 50 Stat. 267; Apr. 27, 1938, ch. 180, 52
    Stat. 254; June 29, 1939, ch. 248, title I, 53 Stat. 892; May 14,
    1940, ch. 189, title I, 54 Stat. 188, excepted International
    Technical Committee of Aerial Legal Experts from provisions of
    section 5 of this title.
      Section 6t, acts May 15, 1936, ch. 405, 49 Stat. 1315; June 16,
    1937, ch. 359, 50 Stat. 267; Apr. 27, 1938, ch. 180, 52 Stat. 253;
    June 29, 1939, ch. 248, title I, 53 Stat. 891, excepted Bureau of
    Interparliamentary Union for Promotion of International Arbitration
    from provisions of section 5 of this title.
      Section 6u, acts Feb. 20, 1929, ch. 270, 45 Stat. 1243; Apr. 19,
    1930, ch. 201, 46 Stat. 243; Feb. 23, 1931, ch. 281, 46 Stat. 1370;
    Feb. 2, 1935, ch. 3, 49 Stat. 16; Mar. 19, 1936, ch. 156, 49 Stat.
    1180; June 28, 1937, ch. 396, 50 Stat. 345; May 23, 1938, ch. 259,
    52 Stat. 427; Mar. 16, 1939, ch. 11, 53 Stat. 542; Apr. 18, 1940,
    ch. 107, 54 Stat. 137, excepted Tariff Commission (now
    International Trade Commission) from provisions of section 5 of
    this title when aggregate amount involved did not exceed $50.
      Section 6v, acts June 28, 1937, ch. 396, 50 Stat. 331; May 23,
    1938, ch. 259, 52 Stat. 412; Mar. 16, 1939, ch. 11, 53 Stat. 525;
    Apr. 18, 1940, ch. 107, 54 Stat. 113, excepted American Battle
    Monuments Commission from provisions of section 5 of this title
    when aggregate amount involved did not exceed $500.
      Section 6v-1, act Apr. 18, 1940, ch. 107, 54 Stat. 113, excepted
    American Battle Monuments Commission, when entering into leases in
    foreign countries, from provisions of section 5 of this title.
      Section 6w, acts June 16, 1938, ch. 464, 52 Stat. 750; June 30,
    1939, ch. 253, title II, 53 Stat. 978; June 25, 1940, ch. 421, 54
    Stat. 568, excepted Farm Credit Administration from provisions of
    section 5 of this title when aggregate amount did not exceed $50.
      Section 6x, act Aug. 25, 1937, ch. 757, title I, 50 Stat. 759,
    excepted United States Maritime Commission from provisions of
    section 5 of this title when aggregate amount did not exceed $100.
      Section 6y, acts Aug. 9, 1939, ch. 633, title I, 53 Stat. 1318;
    June 18, 1940, ch. 395, 54 Stat. 443, excepted Bureau of Mines from
    provisions of section 5 of this title when aggregate amount did not
    exceed $500.
      Section 6z, act Apr. 18, 1940, ch. 107, 54 Stat. 112, excepted
    Bureau of the Budget (now Office of Management and Budget) from
    provisions of section 5 of this title when aggregate amounts
    involved did not exceed certain specified sums.
      Section 6aa, act Apr. 18, 1940, ch. 107, 54 Stat. 118, excepted
    Federal Communications Commission from provisions of section 5 of
    this title when aggregate amount did not exceed $50.
      Section 6bb, act Apr. 18, 1940, ch. 107, 54 Stat. 119, excepted
    Federal Loan Agency from provisions of section 5 of this title when
    aggregate amounts involved did not exceed certain specified sums.
      Section 6cc, act Apr. 18, 1940, ch. 107, 54 Stat. 120, excepted
    Federal Home Loan Bank from provisions of section 5 of this title
    when aggregate amounts involved did not exceed certain specified
    sums.
      Section 6dd, act Apr. 18, 1940, ch. 107, 54 Stat. 131, excepted
    General Accounting Office from provisions of section 5 of this
    title when aggregate amount involved did not exceed $50.
      Section 6ee, acts Feb. 11, 1927, ch. 104, 44 Stat. 1081; Apr. 18,
    1940, ch. 107, 54 Stat. 137, excepted Tariff Commission (now
    International Trade Commission) from provisions of section 5 of
    this title when aggregate amount involved did not exceed $50.
      Section 6ff, act May 14, 1940, ch. 189, title I, 54 Stat. 189,
    excepted International Boundary Commission, United States and
    Mexico, from provisions of section 5 of this title when aggregate
    amount involved did not exceed $500.
      Section 6gg, act May 14, 1940, ch. 189, title IV, 54 Stat. 211,
    excepted Administrative Office of United States Courts from
    provisions of section 5 of this title when aggregate amount
    involved did not exceed $50.
      Section 6hh, act June 11, 1940, ch. 313, title I, 54 Stat. 290,
    excepted Navy Department from provisions of section 5 of this title
    when aggregate amount involved did not exceed $50.
      Section 6ii, acts Jan. 25, 1929, ch. 102, title III, 45 Stat.
    1119; Apr. 18, 1930, ch. 184, title III, 46 Stat. 198; Feb. 23,
    1931, ch. 280, title III, 46 Stat. 1334; July 1, 1932, ch. 361,
    title III, 47 Stat. 502; Mar. 1, 1933, ch. 144, title III, 47 Stat.
    1393; Apr. 7, 1934, ch. 104, title III, 48 Stat. 551; Mar. 22,
    1935, ch. 39, 49 Stat. 90; May 15, 1936, ch. 405, 49 Stat. 1336;
    June 16, 1937, ch. 359, title III, 50 Stat. 287; Apr. 27, 1938, ch.
    180, title III, 52 Stat. 273; June 29, 1939, ch. 248, title III, 53
    Stat. 909, excepted Bureau of Foreign and Domestic Commerce from
    provisions of section 5 of this title when aggregate amount
    involved did not exceed $100.
      Section 6jj, acts May 13, 1926, ch. 294, 44 Stat. 548; Feb. 23,
    1927, ch. 168, 44 Stat. 1157; May 14, 1928, ch. 551, 45 Stat. 528;
    Feb. 28, 1929, ch. 367, 45 Stat. 1397; June 6, 1930, ch. 407, 46
    Stat. 516; Feb. 20, 1931, ch. 234, 46 Stat. 1186; June 30, 1932,
    ch. 314, 47 Stat. 393; Feb. 28, 1933, ch. 134, 47 Stat. 1362; May
    30, 1934, ch. 372, 48 Stat. 828; July 8, 1935, ch. 374, 49 Stat.
    471; Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223,
    50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 392; June 16, 1939,
    ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474,
    excepted Botanic Garden, in purchase of trees and plants, from
    provisions of section 5 of this title when aggregate amount
    involved did not exceed $300.

-End-



-CITE-
    41 USC Sec. 6kk                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6kk. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18,
    1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 393;
    June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54
    Stat. 474, which excepted Botanic Garden, in purchase of supplies
    and equipment, from provisions of section 5 of this title when
    aggregate amount did not exceed $50, was superseded by subsection
    (b) of section 6a of this title which was itself repealed by act
    Oct. 31, 1951, ch. 654, Sec. 1(107), 65 Stat. 705.

-End-



-CITE-
    41 USC Sec. 6ll                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6ll. Repealed.

-MISC1-
    Sec. 6ll. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111.
      Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, excepted
    National Advisory Committee for Aeronautics from provisions of
    section 5 of this title when aggregate amount involved did not
    exceed $50.

-End-



-CITE-
    41 USC Sec. 6mm                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 6mm. Transferred

-COD-
                               CODIFICATION                           
      Section, act June 24, 1940, ch. 412, 54 Stat. 504, which excepted
    forest products by Indian enterprises from the forests on Indian
    reservations, was transferred to subsec. (d) of section 6b of this
    title.

-End-



-CITE-
    41 USC Secs. 7 to 7d                                        01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 7 to 7d. Repealed.

-MISC1-
    Secs. 7 to 7d. Repealed. June 30, 1949, ch. 288, title VI, Sec.
      602(a)(29)-(31), formerly title V, Sec. 502(a)(29)-(31), 63 Stat.
      401; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
      583.
      Section 7, act June 17, 1910, ch. 297, Sec. 4, 36 Stat. 531; Ex.
    Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord.
    No. 6623, eff. Mar. 1, 1934, related to advertisements and
    contracts for miscellaneous supplies for executive departments and
    other government establishments in Washington; Procurement Division
    in Department of Treasury; bond of contractor; and purchase or
    drawing of supplies.
      Section 7a, act Feb. 27, 1929, ch. 354, Sec. 1, 45 Stat. 1341;
    Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex.
    Ord. No. 6623, eff. Mar. 1, 1934, related to consolidation and
    coordination of government purchases.
      Section 7b, act Feb. 27, 1929, ch. 354, Sec. 2, 45 Stat. 1342;
    Ex. Ord. No. 6166, Sec. 1, June 10, 1933, as amended by Ex. Ord.
    No. 6623, Mar. 1, 1934, provided for requisition of supplies and
    reimbursement.
      Section 7c, act Feb. 27, 1929, ch. 354, Sec. 3, 45 Stat. 1342;
    Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex.
    Ord. No. 6623, eff. Mar. 1, 1934, provided for a general supply
    fund and reports and audits.
      Section 7c-1, act May 14, 1935, ch. 110, 49 Stat. 234; Ex. Ord.
    No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord. No.
    6623, eff. Mar. 1, 1934, related to expenditures incidental to
    operation of government fuel yards.
      Section 7d, act Feb. 27, 1929, ch. 354, Sec. 4, 45 Stat. 1342,
    related to Secretary of Treasury's authority to prescribe
    regulations.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, see section 605 of act June 30,
    1949.

-End-



-CITE-
    41 USC Sec. 8                                               01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 8. Opening bids

-STATUTE-
      Whenever proposals for supplies have been solicited, the parties
    responding to such solicitation shall be duly notified of the time
    and place of opening the bids, and be permitted to be present
    either in person or by attorney, and a record of each bid shall
    then and there be made.

-SOURCE-
    (R.S. Sec. 3710.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 3710 derived from Res. Jan. 31, 1868, No. 8, 15 Stat.
    246.


-MISC1-
                          EXEMPTION OF FUNCTIONS                      
      Functions authorized by Foreign Assistance Act of 1961, as
    amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30
    F.R. 6635, set out as a note under section 2393 of Title 22,
    Foreign Relations and Intercourse.

-End-



-CITE-
    41 USC Sec. 9                                               01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 9. Repealed.

-MISC1-
    Sec. 9. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25.
      Section, R.S. Sec. 3717, related to separate proposals for works
    or material or labor. See sections 2303 to 2305 of Title 10, Armed
    Forces.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 90 days after Feb. 19, 1948, see section 13 of
    act Feb. 19, 1948.

-End-



-CITE-
    41 USC Sec. 10                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 3, 1875, ch. 133, Sec. 2, 18 Stat. 455, related
    to preferential treatment of American material in contracts for
    public improvements, was superseded. See sections 10a to 10d of
    this title.

-End-



-CITE-
    41 USC Sec. 10a                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10a. American materials required for public use

-STATUTE-
      Notwithstanding any other provision of law, and unless the head
    of the department or independent establishment concerned shall
    determine it to be inconsistent with the public interest, or the
    cost to be unreasonable, only such unmanufactured articles,
    materials, and supplies as have been mined or produced in the
    United States, and only such manufactured articles, materials, and
    supplies as have been manufactured in the United States
    substantially all from articles, materials, or supplies mined,
    produced, or manufactured, as the case may be, in the United
    States, shall be acquired for public use. This section shall not
    apply with respect to articles, materials, or supplies for use
    outside the United States, or if articles, materials, or supplies
    of the class or kind to be used or the articles, materials, or
    supplies from which they are manufactured are not mined, produced,
    or manufactured, as the case may be, in the United States in
    sufficient and reasonably available commercial quantities and of a
    satisfactory quality. This section shall not apply to manufactured
    articles, materials, or supplies procured under any contract the
    award value of which is less than or equal to the micro-purchase
    threshold under section 428 of this title.

-SOURCE-
    (Mar. 3, 1933, ch. 212, title III, Sec. 2, 47 Stat. 1520; Pub. L.
    100-418, title VII, Sec. 7005(b), Aug. 23, 1988, 102 Stat. 1553;
    Pub. L. 103-355, title IV, Sec. 4301(b), Oct. 13, 1994, 108 Stat.
    3347.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-355 inserted at end "This section shall not
    apply to manufactured articles, materials, or supplies procured
    under any contract the award value of which is less than or equal
    to the micro-purchase threshold under section 428 of this title."
      1988 - Pub. L. 100-418, Secs. 7004, 7005(b), temporarily
    substituted "Federal agency" for "department or independent
    establishment". See Effective and Termination Dates of 1988
    Amendment note below.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 4301(c) of Pub. L. 103-355 provided that:
    "Notwithstanding any other provision of law - 
        "(1) section 32 of the Office of Federal Procurement Policy Act
      [41 U.S.C. 428], as added by subsection (a); and
        "(2) the amendment made by subsection (b) [amending this
      section];
    shall take effect on the date of the enactment of this Act [Oct.
    13, 1994] and shall be implemented in the Federal Acquisition
    Regulation not later than 60 days after such date of enactment."

             EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT         
      Section 7004 of title VII of Pub. L. 100-418 provided that: "The
    amendments made by this title [see Short Title of 1988 Amendment
    note below] shall cease to be effective on April 30, 1996, unless
    the Congress, after reviewing the report required by section 305(k)
    of the Trade Agreements Act of 1979 [former 19 U.S.C. 2515(k)], and
    other relevant information, extends such date. After such date, the
    President may modify or terminate any or all actions taken pursuant
    to such amendments."
      Section 7005(f) of title VII of Pub. L. 100-418 provided that:
    "The amendments made by this section [amending sections 10a, 10b,
    10c, and 10d of this title and section 2511 of Title 19, Customs
    Duties] shall take effect upon enactment [Aug. 23, 1988]."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Section 7001 of title VII of Pub. L. 100-418 provided that: "This
    title [enacting section 10b-1 of this title, amending this section,
    sections 10b, 10c, and 10d of this title, and sections 2511 and
    2515 of Title 19, Customs Duties, enacting provisions set out as
    notes under section 10a of this title, and amending provisions set
    out as notes under section 10c of this title] may be cited as the
    'Buy American Act of 1988'."

                                SHORT TITLE                            
      Section 7, formerly section 5, of title III of act Mar. 3, 1933,
    as added by Pub. L. 103-355, title X, Sec. 10005(f)(4), Oct. 13,
    1994, 108 Stat. 3409, and renumbered and amended by Pub. L. 104-
    106, div. D, title XLIII, Sec. 4321(a)(11), Feb. 10, 1996, 110
    Stat. 671, provided that: "This title [enacting this section,
    sections 10b and 10c of this title, and provisions set out as notes
    under section 10c of this title] may be cited as the 'Buy American
    Act'."

     IMPLEMENTATION OF BUY AMERICAN ACT WITH RESPECT TO CERTAIN WATER
                             RESOURCE PROJECTS
      Pub. L. 100-371, title V, Sec. 508, July 19, 1988, 102 Stat. 875,
    provided that:
      "(a) General Rule. - For purposes of title III of the Act of
    March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a-10c) [41 U.S.C. 10a,
    10b, 10b-1, 10c], commonly known as the Buy American Act, a
    cofferdam or any other temporary structure to be constructed by the
    Secretary of the Army, acting through the Chief of Engineers, shall
    be treated in the same manner as a permanent dam constructed by the
    Secretary of the Army.
      "(b) Applicability. - Subsection (a) shall only apply to
    contracts entered into after the date of the enactment of this Act
    [July 19, 1988]."

                          EXEMPTION OF FUNCTIONS                      
      Functions authorized by Foreign Assistance Act of 1961, as
    amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30
    F.R. 6635, set out as a note under section 2393 of Title 22,
    Foreign Relations and Intercourse.


-EXEC-
        APPLICABILITY OF BUY AMERICAN ACT WITH RESPECT TO EUROPEAN
                                 COMMUNITY
      For applicability of Buy American Act to procurements covered by
    agreement with the European Community on government procurement,
    see Ex. Ord. No. 12849, May 25, 1993, 58 F.R. 30931, set out as a
    note under section 2511 of Title 19, Customs Duties.

-End-



-CITE-
    41 USC Sec. 10b                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10b. Contracts for public works; specification for use of
      American materials; blacklisting contractors violating
      requirements

-STATUTE-
      (a) Every contract for the construction, alteration, or repair of
    any public building or public work in the United States growing out
    of an appropriation heretofore made or hereafter to be made shall
    contain a provision that in the performance of the work the
    contractor, subcontractors, material men, or suppliers, shall use
    only such unmanufactured articles, materials, and supplies as have
    been mined or produced in the United States, and only such
    manufactured articles, materials, and supplies as have been
    manufactured in the United States substantially all from articles,
    materials, or supplies mined, produced, or manufactured, as the
    case may be, in the United States except as provided in section 10a
    of this title: Provided, however, That if the head of the
    department or independent establishment making the contract shall
    find that in respect to some particular articles, materials, or
    supplies it is impracticable to make such requirement or that it
    would unreasonably increase the cost, an exception shall be noted
    in the specifications as to that particular article, material, or
    supply, and a public record made of the findings which justified
    the exception.
      (b) If the head of a department, bureau, agency, or independent
    establishment which has made any contract containing the provision
    required by subsection (a) of this section finds that in the
    performance of such contract there has been a failure to comply
    with such provisions, he shall make public his findings, including
    therein the name of the contractor obligated under such contract,
    and no other contract for the construction, alteration, or repair
    of any public building or public work in the United States or
    elsewhere shall be awarded to such contractor, subcontractors,
    material men, or suppliers with which such contractor is associated
    or affiliated, within a period of three years after such findings
    is made public.

-SOURCE-
    (Mar. 3, 1933, ch. 212, title III, Sec. 3, 47 Stat. 1520; Pub. L.
    100-418, title VII, Sec. 7005(c), Aug. 23, 1988, 102 Stat. 1553.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-418, Secs. 7004, 7005(c)(1),
    which directed that this section be temporarily amended by
    substituting "Federal agency" for "department or independent
    establishment", was executed to subsec. (a) as the probable intent
    of Congress. See Termination Date of 1988 Amendment note below.
      Subsec. (b). Pub. L. 100-418, Secs. 7004, 7005(c)(2), temporarily
    substituted "Federal agency" for "department, bureau, agency, or
    independent establishment". See Termination Date of 1988 Amendment
    note below.

                    TERMINATION DATE OF 1988 AMENDMENT                
      Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,
    1996, unless Congress, after reviewing report required by former
    section 2515(k) of Title 19, Customs Duties, extends such date, see
    section 7004 of Pub. L. 100-418, set out as an Effective and
    Termination Dates of 1988 Amendment note under section 10a of this
    title.

        PROHIBITION ON USE OF FUNDS FOR CONSTRUCTION CONTRACTS WITH
         CONTRACTORS OF FOREIGN COUNTRIES WHICH DENY UNITED STATES
      CONTRACTORS FAIR OPPORTUNITIES IN CONSTRUCTION PROJECTS OF THAT
                           COUNTRY'S GOVERNMENT
      Provisions prohibiting the obligation or expenditure of funds to
    enter into any contract for construction, alteration, or repair of
    any public building or public work in the United States or any
    territory or possession of the United States with any contractor or
    subcontractor of a foreign country, or any supplier of products of
    a foreign country, during any period in which such foreign country
    denies fair and equitable market opportunities for products and
    services of the United States in procurement or bidding for
    construction projects that cost more than $500,000 and are funded
    in whole or in part by the government of such foreign country or by
    an entity controlled directly or indirectly by such foreign country
    were contained in the following appropriation acts:
      Pub. L. 101-516, title III, Sec. 340, Nov. 5, 1990, 104 Stat.
    2187.
      Pub. L. 101-514, title V, Sec. 511, Nov. 5, 1990, 104 Stat. 2098.
      Pub. L. 100-202, Sec. 109, Dec. 22, 1987, 101 Stat. 1329-434;
    Pub. L. 105-362, title XIV, Sec. 1401(d), Nov. 10, 1998, 112 Stat.
    3294.

-End-



-CITE-
    41 USC Sec. 10b-1                                           01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10b-1. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 3, 1933, ch. 212, title III, Sec. 4, as added
    Aug. 23, 1988, Pub. L. 100-418, title VII, Sec. 7002(2), 102 Stat.
    1545; amended Oct. 13, 1994, Pub. L. 103-355, title VII, Sec.
    7206(a), 108 Stat. 3382, which related to prohibition on
    procurement contracts, was omitted in view of section 7004 of Pub.
    L. 100-418 which provided that the amendment by Pub. L. 100-418
    enacting this section ceased to be effective on Apr. 30, 1996. See
    section 7004 of Pub. L. 100-418, set out as an Effective and
    Termination Dates of 1988 Amendment note under section 10a of this
    title.
      Another prior section 4 of act Mar. 3, 1933, was temporarily
    renumbered section 5 and is set out as a note under section 10c of
    this title.

-End-



-CITE-
    41 USC Sec. 10b-2                                           01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10b-2. Limitation on authority to waive Buy American Act
      requirement

-STATUTE-
    (a) Buy American Act waiver rescissions
      (1) If the Secretary of Defense, after consultation with the
    United States Trade Representative, determines that a foreign
    country which is party to an agreement described in paragraph (2)
    has violated the terms of the agreement by discriminating against
    certain types of products produced in the United States that are
    covered by the agreement, the Secretary of Defense shall rescind
    the Secretary's blanket waiver of the Buy American Act with respect
    to such types of products produced in that foreign country.
      (2) An agreement referred to in paragraph (1) is any reciprocal
    defense procurement memorandum of understanding between the United
    States and a foreign country pursuant to which the Secretary of
    Defense has prospectively waived the Buy American Act for certain
    products in that country.
    (b) Definition
      For purposes of this section, the term "Buy American Act" means
    title III of the Act entitled "An Act making appropriations for the
    Treasury and Post Office Departments for the fiscal year ending
    June 30, 1934, and for other purposes", approved March 3, 1933 (41
    U.S.C. 10a et seq.).

-SOURCE-
    (Pub. L. 103-160, div. A, title VIII, Sec. 849(c), (d), Nov. 30,
    1993, 107 Stat. 1725.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Buy American Act, referred to in text, is title III of act
    Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which enacted
    sections 10a, 10b, and 10c of this title, and enacted provisions
    set out as notes under section 10c of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 10a of this title and Tables.

-COD-
                               CODIFICATION                           
      Subsecs. (a) and (b) were in the original subsecs. (c) and (d),
    respectively, and were editorially redesignated for purposes of
    codification.
      Pub. L. 103-160, Sec. 849(c), (d), which comprises this section,
    was formerly set out as a note under this section.


-MISC1-
                            SIMILAR PROVISIONS                        
      Provisions similar to those in this section and section 10b-3 of
    this title were contained in the following acts:
      Pub. L. 109-289, div. A, title VIII, Sec. 8027, Sept. 29, 2006,
    120 Stat. 1279.
      Pub. L. 109-148, div. A, title VIII, Sec. 8030, Dec. 30, 2005,
    119 Stat. 2705.
      Pub. L. 108-287, title VIII, Sec. 8032, Aug. 5, 2004, 118 Stat.
    977.
      Pub. L. 108-87, title VIII, Sec. 8033, Sept. 30, 2003, 117 Stat.
    1079.
      Pub. L. 107-248, title VIII, Sec. 8033, Oct. 23, 2002, 116 Stat.
    1544.
      Pub. L. 107-117, div. A, title VIII, Sec. 8036, Jan. 10, 2002,
    115 Stat. 2255.
      Pub. L. 106-259, title VIII, Sec. 8036, Aug. 9, 2000, 114 Stat.
    682.
      Pub. L. 106-79, title VIII, Sec. 8038, Oct. 25, 1999, 113 Stat.
    1239.
      Pub. L. 105-262, title VIII, Sec. 8038, Oct. 17, 1998, 112 Stat.
    2305.
      Pub. L. 105-56, title VIII, Sec. 8040, Oct. 8, 1997, 111 Stat.
    1229.
      Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
    8042], Sept. 30, 1996, 110 Stat. 3009-71, 3009-97.
      Pub. L. 104-61, title VIII, Sec. 8051, Dec. 1, 1995, 109 Stat.
    662.
      Pub. L. 103-335, title VIII, Sec. 8058, Sept. 30, 1994, 108 Stat.
    2631.
      Pub. L. 103-139, title VIII, Sec. 8069, Nov. 11, 1993, 107 Stat.
    1455.
      Pub. L. 102-396, title IX, Sec. 9096, Oct. 6, 1992, 106 Stat.
    1924, as amended by Pub. L. 103-355, title VII, Sec. 7206(b), Oct.
    13, 1994, 108 Stat. 3382.
      Pub. L. 102-190, div. A, title VIII, Sec. 833, Dec. 5, 1991, 105
    Stat. 1447.
      Pub. L. 102-172, title VIII, Sec. 8123, Nov. 26, 1991, 105 Stat.
    1205.
      Pub. L. 101-189, div. A, title VIII, Sec. 823, Nov. 29, 1989, 103
    Stat. 1504.

-End-



-CITE-
    41 USC Sec. 10b-3                                           01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10b-3. Annual report relating to Buy American Act

-STATUTE-
      The Secretary of Defense shall submit to Congress, not later than
    60 days after the end of each fiscal year, a report on the amount
    of purchases by the Department of Defense from foreign entities in
    that fiscal year. Such report shall separately indicate the dollar
    value of items for which the Buy American Act (41 U.S.C. 10a et
    seq.) was waived pursuant to any of the following:
        (1) Any reciprocal defense procurement memorandum of
      understanding described in section 10b-2(a)(2) of this title.
        (2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.)
        (3) Any international agreement to which the United States is a
      party.

-SOURCE-
    (Pub. L. 104-201, div. A, title VIII, Sec. 827, Sept. 23, 1996, 110
    Stat. 2611; Pub. L. 105-85, div. A, title VIII, Sec. 846, Nov. 18,
    1997, 111 Stat. 1845; Pub. L. 105-261, div. A, title VIII, Sec.
    812, Oct. 17, 1998, 112 Stat. 2086.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Buy American Act, referred to in text, is title III of act
    Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which enacted
    sections 10a, 10b, and 10c of this title, and enacted provisions
    set out as notes under section 10c of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 10a of this title and Tables.
      The Trade Agreements Act of 1979, referred to in par. (2), is
    Pub. L. 96-39, July 26, 1979, 93 Stat. 144. For complete
    classification of this Act to the Code, see References in Text note
    set out under section 2501 of Title 19, Customs Duties, and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-261 substituted "60 days" for "90 days" in
    introductory provisions.
      1997 - Pub. L. 105-85 substituted "90 days" for "120 days" in
    introductory provisions.

                            SIMILAR PROVISIONS                        
      Provisions similar to those in this section were contained in the
    acts listed in the Similar Provisions note set out under section
    10b-2 of this title.

-End-



-CITE-
    41 USC Sec. 10c                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10c. Definition of terms used in sections 10a, 10b, and 10c

-STATUTE-
      When used in sections 10a, 10b, and 10c of this title - 
      (a) The term "United States", when used in a geographical sense,
    includes the United States and any place subject to the
    jurisdiction thereof;
      (b) The terms "public use", "public building", and "public work"
    shall mean use by, public building of, and public work of, the
    United States, the District of Columbia, Puerto Rico, American
    Samoa, the Canal Zone, and the Virgin Islands.

-SOURCE-
    (Mar. 3, 1933, ch. 212, title III, Sec. 1, 47 Stat. 1520; Proc. No.
    2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 86-
    70, Sec. 43, June 25, 1959, 73 Stat. 151; Pub. L. 86-624, Sec. 28,
    July 12, 1960, 74 Stat. 419; Pub. L. 100-418, title VII, Sec.
    7005(a), Aug. 23, 1988, 102 Stat. 1552.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (b), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      Words "the Philippine Islands" in subsec. (b) of this section
    were deleted as obsolete in view of recognition of independence of
    the Philippines by Proc. No. 2695, which was issued pursuant to
    section 1394 of Title 22, Foreign Relations and Intercourse, and is
    set out as a note under section 1394.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c). Pub. L. 100-418, Secs. 7004, 7005(a),
    temporarily added subsec. (c) which read as follows: "The term
    'Federal agency' has the meaning given such term by section 472 of
    title 40, which includes the Departments of the Army, Navy, and Air
    Force." See Termination Date of 1988 Amendment note below.
      1960 - Subsec. (b). Pub. L. 86-624 struck out Hawaii.
      1959 - Subsec. (b). Pub. L. 86-70 struck out Alaska.

                    TERMINATION DATE OF 1988 AMENDMENT                
      Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,
    1996, unless Congress, after reviewing report required by former
    section 2515(k) of Title 19, Customs Duties, extends such date, see
    section 7004 of Pub. L. 100-418, set out as an Effective and
    Termination Dates of 1988 Amendment note under section 10a of this
    title.

                              EFFECTIVE DATE                          
      Section 4 of title III of act Mar. 3, 1933, as temporarily
    renumbered Sec. 5 by Pub. L. 100-418, title VII, Sec. 7002(1), Aug.
    23, 1988, 102 Stat. 1545, provided: "This title [enacting this
    section and sections 10a and 10b of this title] shall take effect
    on the date of its enactment [Mar. 3, 1933], but shall not apply to
    any contract entered into prior to such effective date."

                               SEPARABILITY                           
      Section 5 of title III of act Mar. 3, 1933, as temporarily
    renumbered Sec. 6 by Pub. L. 100-418, title VII, Sec. 7002(1), Aug.
    23, 1988, 102 Stat. 1545, provided: "If any provision of this Act
    [see Tables for classification], or the application thereof to any
    person or circumstances, is held invalid, the remainder of the Act,
    and the application thereof to other persons or circumstances,
    shall not be affected thereby."

-End-



-CITE-
    41 USC Sec. 10d                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 10d. Clarification of Congressional intent regarding sections
      10a and 10b(a)

-STATUTE-
      In order to clarify the original intent of Congress, hereafter,
    section 10a of this title and that part of section 10b(a) of this
    title preceding the words "Provided, however," shall be regarded as
    requiring the purchase, for public use within the United States, of
    articles, materials, or supplies manufactured in the United States
    in sufficient and reasonably available commercial quantities and of
    a satisfactory quality, unless the head of the department or
    independent establishment concerned shall determine their purchase
    to be inconsistent with the public interest or their cost to be
    unreasonable.

-SOURCE-
    (Oct. 29, 1949, ch. 787, title VI, Sec. 633, 63 Stat. 1024; Pub. L.
    100-418, title VII, Sec. 7005(d), Aug. 23, 1988, 102 Stat. 1553.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418, Secs. 7004, 7005(d), temporarily
    substituted "Federal agency" for "department or independent
    establishment". See Termination Date of 1988 Amendment note below.

                    TERMINATION DATE OF 1988 AMENDMENT                
      Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,
    1996, unless Congress, after reviewing report required by former
    section 2515(k) of Title 19, Customs Duties, extends such date, see
    section 7004 of Pub. L. 100-418, set out as an Effective and
    Termination Dates of 1988 Amendment note under section 10a of this
    title.


-EXEC-
         EX. ORD. NO. 10582. UNIFORM PROCEDURES FOR DETERMINATIONS     
      Ex. Ord. No. 10582, Dec. 17, 1954, 19 F.R. 8723, as amended by
    Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No.
    12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12608, Sept. 9,
    1987, 52 F.R. 34617, provided:
      Section 1. As used in this order, (a) the term "materials"
    includes articles and supplies, (b) the term "executive agency"
    includes executive department, independent establishment, and other
    instrumentality of the executive branch of the Government, and (c)
    the term "bid or offered price of materials of foreign origin"
    means the bid or offered price of such materials delivered at the
    place specified in the invitation to bid including applicable duty
    and all costs incurred after arrival in the United States.
      Sec. 2. (a) For the purposes of this order materials shall be
    considered to be of foreign origin if the cost of the foreign
    products used in such materials constitutes fifty per centum or
    more of the cost of all the products used in such materials.
      (b) For the purposes of the said act of March 3, 1933 [see Tables
    for classification], and the other laws referred to in the first
    paragraph of the preamble of this order, the bid or offered price
    of materials of domestic origin shall be deemed to be unreasonable,
    or the purchase of such materials shall be deemed to be
    inconsistent with the public interest, if the bid or offered price
    thereof exceeds the sum of the bid or offered price of like
    materials of foreign origin and a differential computed as provided
    in subsection (c) of this section.
      (c) The executive agency concerned shall in each instance
    determine the amount of the differential referred to in subsection
    (b) of this section on the basis of one of the following-described
    formulas, subject to the terms thereof:
      (1) The sum determined by computing six per centum of the bid or
    offered price of materials of foreign origin.
      (2) The sum determined by computing ten per centum of the bid or
    offered price of materials of foreign origin exclusive of
    applicable duty and all costs incurred after arrival in the United
    States: provided that when the bid or offered price of materials of
    foreign origin amounts to less than $25,000, the sum shall be
    determined by computing ten per centum of such price exclusive only
    of applicable duty.
      Sec. 3. Nothing in this order shall affect the authority or
    responsibility of an executive agency:
      (a) To reject any bid or offer for reasons of the national
    interest not described or referred to in this order; or
      (b) To place a fair proportion of the total purchases with small
    business concerns in accordance with section 302(b) of the Federal
    Property and Administrative Services Act of 1949, as amended [41
    U.S.C. 252(b)], section 2(b) of the Armed Services Procurement Act
    of 1947, as amended [41 U.S.C. 151(b)], and section 202 of the
    Small Business Act of 1953 [15 U.S.C. 631]; or
      (c) To reject a bid or offer to furnish material of foreign
    origin in any situation in which the domestic supplier offering the
    lowest price for furnishing the desired materials undertakes to
    produce substantially all of such materials in areas of substantial
    unemployment, as determined by the Secretary of Labor in accordance
    with such appropriate regulations as he may establish and during
    such period as the President may determine that it is in the
    national interest to provide to such areas preference in the award
    of Government contracts: Provided, that nothing in this section
    shall prevent the rejection of a bid or offered price which is
    excessive; or
      (d) To reject any bid or offer for materials of foreign origin if
    such rejection is necessary to protect essential national-security
    interests after receiving advice with respect thereto from the
    President or from the Director [now Administrator] of the Federal
    Emergency Management Agency. In providing this advice the Director
    [Administrator] shall be governed by the principle that exceptions
    under this section shall be made only upon a clear showing that the
    payment of a greater differential than the procedures of this
    section generally prescribe is justified by consideration of
    national security.
      Sec. 4. The head of each executive agency shall issue such
    regulations as may be necessary to insure that procurement
    practices under his jurisdiction conform to the provisions of this
    order.
      Sec. 5. This order shall apply only to contracts entered into
    after the date hereof. In any case in which the head of an
    executive agency proposing to purchase domestic materials
    determines that a greater differential than that provided in this
    order between the cost of such materials of domestic origin and
    materials of foreign origin is not unreasonable or that the
    purchase of materials of domestic origin is not inconsistent with
    the public interest, this order shall not apply. A written report
    of the facts of each case in which such a determination is made
    shall be submitted to the President through the Director of the
    Office of Management and Budget by the official making the
    determination within 30 days thereafter.

-End-



-CITE-
    41 USC Sec. 11                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 11. No contracts or purchases unless authorized or under
      adequate appropriation; report to the Congress

-STATUTE-
      (a) No contract or purchase on behalf of the United States shall
    be made, unless the same is authorized by law or is under an
    appropriation adequate to its fulfillment, except in the Department
    of Defense and in the Department of Homeland Security with respect
    to the Coast Guard when it is not operating as a service in the
    Navy, for clothing, subsistence, forage, fuel, quarters,
    transportation, or medical and hospital supplies, which, however,
    shall not exceed the necessities of the current year.
      (b) The Secretary of Defense and the Secretary of Homeland
    Security with respect to the Coast Guard when it is not operating
    as a service in the Navy shall immediately advise the Congress of
    the exercise of the authority granted in subsection (a) of this
    section, and shall report quarterly on the estimated obligations
    incurred pursuant to the authority granted in subsection (a) of
    this section.

-SOURCE-
    (R.S. Sec. 3732; June 12, 1906, ch. 3078, 34 Stat. 255; Pub. L. 89-
    687, title VI, Sec. 612(e), Oct. 15, 1966, 80 Stat. 993; Pub. L.
    98-557, Sec. 17(e), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 104-106,
    div. D, title XLIII, Sec. 4322(b)(4), Feb. 10, 1996, 110 Stat. 677;
    Pub. L. 109-241, title IX, Sec. 902(c), July 11, 2006, 120 Stat.
    566.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 3732 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12
    Stat. 220.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-241 substituted "of Homeland Security" for "of
    Transportation" in subsecs. (a) and (b).
      1996 - Subsec. (a). Pub. L. 104-106 struck out second comma after
    "quarters".
      1984 - Subsec. (a). Pub. L. 98-557, Sec. 17(e)(1)(A), substituted
    "except in the Department of Defense and in the Department of
    Transportation with respect to the Coast Guard when it is not
    operating as a service in the Navy" for "except in the War and Navy
    Departments".
      Pub. L. 98-557, Sec. 17(e)(1)(B), substituted ", transportation,
    or medical and hospital supplies" for "or transportation", such
    change having been made by Act June 12, 1906, thereby requiring no
    further change in text. See Repeals note below.
      Subsec. (b). Pub. L. 98-557, Sec. 17(e)(2), inserted provisions
    relating to the Secretary of Transportation with respect to the
    Coast Guard when it is not operating as a service in the Navy.
      1966 - Pub. L. 89-687 designated existing provisions as subsec.
    (a) and added subsec (b).
      1906 - Act June 12, 1906, inserted "medical and hospital
    supplies".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                                  REPEALS                              
      The first proviso under the heading "medical department" in act
    June 12, 1906, ch. 3078, 34 Stat. 255, cited as a credit to this
    section, was repealed by Pub. L. 98-557, Sec. 17(e)(3), Oct. 30,
    1984, 98 Stat. 2868.

-End-



-CITE-
    41 USC Sec. 11a                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 11a. Contracts for fuel by Secretary of the Army without
      regard to current fiscal year

-STATUTE-
      When, in the opinion of the Secretary of the Army, it is in the
    interest of the United States so to do, he is authorized to enter
    into contracts and to incur obligations for fuel in sufficient
    quantities to meet the requirements for one year without regard to
    the current fiscal year, and payments for supplies delivered under
    such contracts may be made from funds appropriated for the fiscal
    year in which the contract is made, or from funds appropriated or
    which may be appropriated for such supplies for the ensuing fiscal
    year.

-SOURCE-
    (June 30, 1921, ch. 33, Sec. 1, 42 Stat. 78; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 668 of Title 31 prior
    to the general revision and enactment of Title 31, Money and
    Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-CHANGE-
                              CHANGE OF NAME                          
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted "Title 10, Armed Forces" which in sections 3010 to 3013
    continued Department of the Army under administrative supervision
    of Secretary of the Army.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain procurement and related functions and
    property, and functions relating to finance and fiscal matters,
    insofar as they pertain to Air Force, from Secretary of the Army to
    Secretary of the Air Force, see Secretary of Defense Transfer Order
    Nos. 6, eff. Jan. 15, 1948; 25, Oct. 14, 1948; 39, May 18, 1949;
    and 40 [App. B(93)], July 22, 1949.
      Public Buildings Administration abolished by act June 30, 1949,
    ch. 288, title I, Sec. 103, 63 Stat. 380, and functions transferred
    to General Services Administration. See Historical and Revision
    Notes under section 303(b) of Title 40, Public Buildings, Property,
    and Works. Section 303(b) of Title 40 was amended generally by Pub.
    L. 109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so
    amended, no longer relates to the Federal Works Agency and
    Commissioner of Public Buildings. See 2006 Amendment note under
    section 303 of Title 40.
      Public Buildings Branch of Procurement Division (Bureau of
    Federal Supply) of Treasury Department transferred to Public
    Buildings Administration within Federal Works Agency, see Reorg.
    Plan No. I of 1939, Secs. 301, 303, eff. July 1, 1939, 4 F.R. 2729,
    53 Stat. 1426, 1427, set out in the Appendix to Title 5, Government
    Organization and Employees.
      Functions of procurement of supplies, services, stores, etc.,
    exercised by any other agency transferred to Procurement Division
    in Treasury Department by Ex. Ord. No. 6166, Sec. 1, June 10, 1933,
    set out as a note under section 901 of Title 5. Name of Procurement
    Division changed to Bureau of Federal Supply by Treasury Department
    Order 73 dated Nov. 19, 1946. Bureau transferred on July 1, 1949,
    to General Services Administration, where it functions as Federal
    Supply Service [now Federal Acquisition Service], pursuant to act
    June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.

-End-



-CITE-
    41 USC Sec. 12                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 12. No contract to exceed appropriation

-STATUTE-
      No contract shall be entered into for the erection, repair, or
    furnishing of any public building, or for any public improvement
    which shall bind the Government to pay a larger sum of money than
    the amount in the Treasury appropriated for the specific purpose.

-SOURCE-
    (R.S. Sec. 3733.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 3733 derived from act July 25, 1868, ch. 233, Sec. 3,
    15 Stat. 177.

-End-



-CITE-
    41 USC Sec. 13                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 13. Contracts limited to one year

-STATUTE-
      Except as otherwise provided, it shall not be lawful for any of
    the executive departments to make contracts for stationery or other
    supplies for a longer term than one year from the time the contract
    is made.

-SOURCE-
    (R.S. Sec. 3735.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 3735 derived from Res. Jan. 31, 1868, No. 8, 15 Stat.
    246; Res. Mar. 24, 1874, No. 6, 18 Stat. 286.
      "Except as otherwise provided," was first inserted by the
    Revisers of the 1934 edition of the Code.


-MISC1-
                          EXEMPTION OF FUNCTIONS                      
      Functions authorized by Foreign Assistance Act of 1961, as
    amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30
    F.R. 6635, set out as a note under section 2393 of Title 22,
    Foreign Relations and Intercourse.

    SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND
                           SPACE ADMINISTRATION
      Section inapplicable to procurement or sale of property or
    services by Armed Services and National Aeronautics and Space
    Administration, see section 2314 of Title 10, Armed Forces.

-End-



-CITE-
    41 USC Sec. 13a                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 13a. Repealed.

-MISC1-
    Sec. 13a. Repealed. Pub. L. 86-682, Sec. 12(c), Sept. 2, 1960, 74
      Stat. 710.
      Section, Joint Res. Mar. 24, 1874, No. 6, 18 Stat. 286, excepted
    mail bags, mail locks, and keys from provisions of section 13 of
    this title.

-End-



-CITE-
    41 USC Sec. 14                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 14. Restriction on purchases of land

-STATUTE-
      No land shall be purchased on account of the United States,
    except under a law authorizing such purchase.

-SOURCE-
    (R.S. Sec. 3736.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 3736 derived from act May 1, 1820, ch. 52, Sec. 7, 3
    Stat. 568.

-End-



-CITE-
    41 USC Sec. 15                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 15. Transfers of contracts; assignments; assignee not subject
      to reduction or setoff

-STATUTE-
    (a) Transfer
      No contract or order, or any interest therein, shall be
    transferred by the party to whom such contract or order is given to
    any other party, and any such transfer shall cause the annulment of
    the contract or order transferred, so far as the United States is
    concerned. All rights of action, however, for any breach of such
    contract by the contracting parties, are reserved to the United
    States.
    (b) Assignment
      The provisions of subsection (a) of this section shall not apply
    in any case in which the moneys due or to become due from the
    United States or from any agency or department thereof, under a
    contract providing for payments aggregating $1,000 or more, are
    assigned to a bank, trust company, or other financing institution,
    including any Federal lending agency, provided:
        (1) That, in the case of any contract entered into after
      October 9, 1940, no claim shall be assigned if it arises under a
      contract which forbids such assignment.
        (2) That, unless otherwise expressly permitted by such
      contract, any such assignment shall cover all amounts payable
      under such contract and not already paid, shall not be made to
      more than one party, and shall not be subject to further
      assignment, except that any such assignment may be made to one
      party as agent or trustee for two or more parties participating
      in such financing.
        (3) That, in the event of any such assignment, the assignee
      thereof shall file written notice of the assignment together with
      a true copy of the instrument of the assignment with - 
          (A) the contracting officer or the head of his department or
        agency;
          (B) the surety or sureties upon the bond or bonds, if any, in
        connection with such contract; and
          (C) the disbursing officer, if any, designated in such
        contract to make payment.
    (c) Validity of assignment
      Notwithstanding any law to the contrary governing the validity of
    assignments, any assignment pursuant to this section shall
    constitute a valid assignment for all purposes.
    (d) Assignee liability
      In any case in which moneys due or to become due under any
    contract are or have been assigned pursuant to this section, no
    liability of any nature of the assignor to the United States or any
    department or agency thereof, whether arising from or independently
    of such contract, shall create or impose any liability on the part
    of the assignee to make restitution, refund, or repayment to the
    United States of any amount heretofore since July 1, 1950, or
    hereafter received under the assignment.
    (e) Amendment of contract
      Any contract of the Department of Defense, the General Services
    Administration, the Department of Energy, or any other department
    or agency of the United States designated by the President, except
    any such contract under which full payment has been made, may, upon
    a determination of need by the President, provide or be amended
    without consideration to provide that payments to be made to the
    assignee of any moneys due or to become due under such contract
    shall not be subject to reduction or setoff. Each such
    determination of need shall be published in the Federal Register.
    (f) Assignor liability arising independent of contract
      If a provision described in subsection (e) of this section or a
    provision to the same general effect has been at any time
    heretofore or is hereafter included or inserted in any such
    contract, payments to be made thereafter to an assignee of any
    moneys due or to become due under such contract shall not be
    subject to reduction or setoff for any liability of any nature of
    the assignor to the United States or any department or agency
    thereof which arises independently of such contract, or hereafter
    for any liability of the assignor on account of - 
        (1) renegotiation under any renegotiation statute or under any
      statutory renegotiation article in the contract;
        (2) fines;
        (3) penalties (which term does not include amounts which may be
      collected or withheld from the assignor in accordance with or for
      failure to comply with the terms of the contract); or
        (4) taxes, social security contributions, or the withholding or
      non withholding of taxes or social security contributions,
      whether arising from or independently of such contract.
    (g) Accrued rights and obligations
      Except as herein otherwise provided, nothing in this section
    shall be deemed to affect or impair rights or obligations
    heretofore accrued.

-SOURCE-
    (R.S. Sec. 3737; Oct. 9, 1940, ch. 779, Sec. 1, 54 Stat. 1029; May
    15, 1951, ch. 75, 65 Stat. 41; Pub. L. 103-355, title II, Sec.
    2451, Oct. 13, 1994, 108 Stat. 3324; Pub. L. 104-106, div. D, title
    XLIII, Sec. 4321(i)(9), Feb. 10, 1996, 110 Stat. 676.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 3737 derived from act July 17, 1862, ch. 200, Sec. 14,
    12 Stat. 596.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (g). Pub. L. 104-106 substituted "rights or
    obligations" for "rights of obligations".
      1994 - Pub. L. 103-355, Sec. 2451, amended section generally,
    revising it as follows:
      Subsec. (a), designated first par. as subsec. (a) and substituted
    "is concerned" for "are concerned".
      Subsec. (b), designated second par. as subsec. (b) and inserted
    subpar. and cl. designations; substituted in introductory
    provisions "provisions of subsection (a) of this section" for
    "provisions of the preceding paragraph" and "lending agency,
    provided:" for "lending agency: Provided,"; in par. designations,
    "That," for "That" and periods for semicolons at end; and struck
    out former par. 1 which read as follows: "That in the case of any
    contract entered into prior to October 9, 1940, no claim shall be
    assigned without the consent of the head of the department or
    agency concerned;".
      Subsec. (c), designated third par. as subsec. (c) and substituted
    "this section" for "this section,".
      Subsec. (d), designated fourth par. as subsec. (d).
      Subsec. (e), designated first part of fifth par. as subsec. (e),
    substituted "Department of Energy" for "Atomic Energy Commission",
    "may, upon a determination of need by the President, provide" for
    "may, in time of war or national emergency proclaimed by the
    President (including the national emergency proclaimed December 16,
    1950) or by Act or joint resolution of the Congress and until such
    war or national emergency has been terminated in such manner,
    provide", and "subject to reduction or set-off." for "subject to
    reduction or set-off,", and inserted "Each such determination of
    need shall be published in the Federal Register."
      Subsec. (f), designated last part of fifth par. as subsec. (f),
    realigned margins of pars. (1) to (4) and substituted semicolons
    for commas at end, and substituted, in introductory provisions, "If
    a provision described in subsection (e) of this section or a
    provision to the same general effect has been at any time
    heretofore or is hereafter included or inserted in any such
    contract, payments to be made thereafter to an assignee of any
    moneys due or to become due under such contract shall not be
    subject to reduction or setoff for any liability of any nature of
    the assignor to the United States or any department or agency
    thereof which arises independently of such contract, or hereafter
    for any liability of the assignor on account of - " for "and if
    such provision or one to the same general effect has been at any
    time heretofore or is hereafter included or inserted in any such
    contract, payments to be made thereafter to an assignee of any
    moneys due or to become due under such contract, whether during or
    after such war or emergency, shall not be subject to reduction or
    set-off for any liability of any nature of the assignor to the
    United States or any department or agency thereof which arises
    independently of such contract, or hereafter for any liability of
    the assignor on account of" and, in par. (4), "non withholding" for
    "nonwithholding".
      Subsec. (g), designated sixth par. as subsec. (g).
      1951 - Act May 15, 1951, made it clear that a bank or other
    financing institution taking an assignment of claims pursuant to
    this section would not be subject to later recovery by the
    Government of amounts previously paid to the bank by the assignee
    except in cases of fraud.
      1940 - Act Oct. 9, 1940, inserted second and third pars.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.


-TRANS-
                          DELEGATION OF AUTHORITY                      
      Memorandum of President of the United States, Oct. 3, 1995, 60
    F.R. 52289, provided:
      Memorandum for the Heads of Executive Departments and Agencies
      Section 2451 of the Federal Acquisition Streamlining Act of 1994,
    Public Law 103-355 ([amending] 41 U.S.C. 15) ("Act"), provides, in
    part, that "[a]ny contract of the Department of Defense, the
    General Services Administration, the Department of Energy or any
    other department or agency of the United States designated by the
    President, except [contracts where] . . . full payment has been
    made, may, upon a determination of need by the President, provide
    or be amended without consideration to provide that payments to be
    made to the assignee of any moneys due or to become due under [the]
    contract shall not be subject to reduction or set-off."
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 301
    of title 3, United States Code, I hereby designate all other
    departments and agencies of the United States as subject to this
    provision. Furthermore, I hereby delegate to the Secretaries of
    Defense and Energy, the Administrator of General Services, and the
    heads of all other departments and agencies, the authority under
    section 2451 of the Act to make determinations of need for their
    respective agency's contracts, subject to such further guidance as
    issued by the Office of Federal Procurement Policy.
      The authority delegated by this memorandum may be further
    delegated within the departments and agencies.
      This memorandum shall be published in the Federal Register.
                                                     William J. Clinton.


-MISC2-
               NON-APPLICABILITY OF NATIONAL EMERGENCIES ACT           
      The provisions of the National Emergencies Act (Pub. L. 94-412,
    Sept. 14, 1976, 90 Stat. 1255) not applicable to the powers and
    authorities conferred by this section and actions taken hereunder,
    see section 1651 of Title 50, War and National Defense.

     MONEYS DUE UNDER LETTERS OF COMMITMENT ISSUED IN CONNECTION WITH
              DISPOSITION OF SURPLUS AGRICULTURAL COMMODITIES
      Moneys due under letters of commitment issued against funds or
    guaranties of funds supplied by Commodity Credit Corporation in
    connection with disposition of surplus agricultural commodities to
    foreign countries, as assignable under the Assignment of Claims Act
    of 1940, which constitutes this section and former section 203 of
    Title 31, Money and Finance, see section 1702 of Title 7,
    Agriculture.

-End-



-CITE-
    41 USC Sec. 16                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 16. Repealed.

-MISC1-
    Sec. 16. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743.
      Section, R.S. Sec. 3744; acts June 15, 1917, ch. 29, 40 Stat.
    198; Feb. 4, 1929, ch. 146, 45 Stat. 1147, related to requirement
    that contracts made by Secretaries of War, Navy, and Interior be in
    writing, and that copies thereof be filed in returns office of
    Department of the Interior.

-End-



-CITE-
    41 USC Secs. 16a to 16d                                     01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 16a to 16d. Omitted

-COD-
                               CODIFICATION                           
      Section 16a, act Jan. 12, 1927, ch. 27, 44 Stat. 936, authorized
    purchases by Department of the Interior without compliance with
    section 16 of this title.
      Section 16b, acts Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18,
    1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 393;
    June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54
    Stat. 474, authorized purchases by Botanic Garden without
    compliance with section 16 of this title.
      Section 16c, act May 13, 1926, ch. 294, 44 Stat. 547, authorized
    purchases by Architect of Capitol without compliance with section
    16 of this title.
      Section 16d, act Aug. 4, 1939, ch. 418, Sec. 13, 53 Stat. 1197,
    authorized purchases by Bureau of Reclamation without compliance
    with section 16 of this title.

-End-



-CITE-
    41 USC Secs. 17 to 19                                       01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 17 to 19. Repealed.

-MISC1-
    Secs. 17 to 19. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743.
      Section 17, R.S. Sec. 3745, provided that an affidavit be affixed
    to the return of contract required by section 16 of this title.
      Section 18, R.S. Sec. 3746, provided punishment for failure to
    make returns of contracts as required by sections 16 and 17 of this
    title.
      Section 19, R.S. Sec. 3747, imposed duty on Secretaries of War,
    Navy, and Interior to furnish officers with letters of instruction
    relating to their duties under sections 17 and 18, contract forms,
    and affidavits, to insure uniformity.

-End-



-CITE-
    41 USC Sec. 20                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 20. Repealed.

-MISC1-
    Sec. 20. Repealed. Pub. L. 103-355, title II, Sec. 2452, Oct. 13,
      1994, 108 Stat. 3326.
      Section, R.S. Sec. 3743; Feb. 27, 1877, ch. 69, 19 Stat. 249;
    July 31, 1894, ch. 174, Sec. 18, 28 Stat. 210; June 10, 1921, ch.
    18, title III, Sec. 304, 42 Stat. 24, provided for deposit of all
    contracts which required advance money or settlement of public
    accounts in the General Accounting Office.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 10001
    of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Secs. 20a, 20b                                       01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 20a, 20b. Repealed.

-MISC1-
    Secs. 20a, 20b. Repealed. Pub. L. 104-106, div. D, title XLIII,
      Sec. 4321(i)(10), (11), Feb. 10, 1996, 110 Stat. 676.
      Section 20a, act June 15, 1940, ch. 367, 54 Stat. 398, provided
    exemption from section 20 of this title for contracts, etc.,
    concerning national-forest lands.
      Section 20b, act Nov. 28, 1943, ch. 328, 57 Stat. 592, provided
    exemption from section 20 of this title for contracts, etc.,
    concerning use of lands or water under jurisdiction of Department
    of the Interior.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 21                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 21. Repealed.

-MISC1-
    Sec. 21. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
      Stat. 1069.
      Section, acts July 31, 1894, ch. 174, Sec. 22, 28 Stat. 210; June
    10, 1921, ch. 18, Secs. 304, 310, 42 Stat. 24, 25, provided that
    the heads of the several executive departments and the proper
    officers of other Government establishments, not within the
    jurisdiction of any executive department, make appropriate rules
    and regulations to secure a proper administrative examination of
    all accounts sent to them before their transmission to the General
    Accounting Office, and for the execution of other requirements of
    section 20 of this title, insofar as the same related to the
    several departments or establishments. See section 3521(a) of Title
    31, Money and Finance.

-End-



-CITE-
    41 USC Sec. 22                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 22. Interest of Member of Congress

-STATUTE-
      No Member of Congress shall be admitted to any share or part of
    any contract or agreement made, entered into, or accepted by or on
    behalf of the United States, or to any benefit to arise thereupon.
    The provisions of this section shall not apply to any contracts or
    agreements heretofore or hereafter entered into under the
    Agricultural Adjustment Act [7 U.S.C. 601 et seq.], the Federal
    Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal
    Farm Mortgage Corporation Act, the Farm Credit Act of 1933, and the
    Home Owners' Loan Act of 1933 [12 U.S.C. 1461 et seq.], and shall
    not apply to contracts or agreements of a kind which the Secretary
    of Agriculture may enter into with farmers: Provided, That such
    exemption shall be made a matter of public record.

-SOURCE-
    (R.S. Sec. 3741; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 249; Jan.
    25, 1934, ch. 5, 48 Stat. 337; June 27, 1934, ch. 847, title V,
    Sec. 510, 48 Stat. 1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Pub.
    L. 103-355, title VI, Sec. 6004, Oct. 13, 1994, 108 Stat. 3364;
    Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(12), Feb. 10,
    1996, 110 Stat. 676.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Adjustment Act, referred to in text, is title I
    of act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is
    classified generally to chapter 26 (Sec. 601 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 601 of Title 7 and
    Tables.
      The Federal Farm Loan Act, referred to in text, is act July 17,
    1916, ch. 245, 39 Stat. 360, as amended, and was classified
    principally to sections 641 et seq. of Title 12, Banks and Banking.
    The Federal Farm Loan Act, as amended, was repealed by section
    5.26(a) (which was renumbered as section 5.40(a) by Pub. L. 99-205,
    Sec. 205(a)(2), Dec. 23, 1985, 99 Stat. 1703) of the Farm Credit
    Act of 1971, Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 624. Section
    5.26(a) (now 5.40(a)) of the Farm Credit Act of 1971 also provided
    that all references in other legislation to the Acts repealed
    thereby "shall be deemed to refer to comparable provisions of this
    Act". For further details, see notes set out under section 2001 of
    Title 12. For complete classification of the Federal Farm Loan Act
    to the Code prior to such repeal, see Tables.
      The Emergency Farm Mortgage Act of 1933, referred to in text, is
    title II of act May 12, 1933, ch. 25, 48 Stat. 31. Such title II
    was substantially repealed by act June 30, 1947, ch. 166, title II,
    Sec. 206(c), 61 Stat. 208; act Aug. 6, 1953, ch. 335, Sec. 19, 67
    Stat. 400; act Oct. 4, 1961, Pub. L. 87-353, Sec. 3(a), (b), (w),
    75 Stat. 773, 774; act Dec. 10, 1971, Pub. L. 92-181, title V, Sec.
    5.26(a), 85 Stat. 624. For complete classification of this Act to
    the Code, see Tables.
      The Federal Farm Mortgage Corporation Act, referred to in text,
    is act Jan. 31, 1934, ch. 7, 48 Stat. 344, which enacted section
    992a of Title 12, Banks and Banking, and amended sections 347, 355,
    723, 772, 781, 897, 1016, 1020, 1020a, 1020b, 1020c, 1020d to
    1020h, 1061, 1131i, 1138b and 1138d of Title 12, has been
    substantially repealed. For complete classification of this Act to
    the Code, see Tables.
      The Farm Credit Act of 1933, referred to in text, is act June 16,
    1933, ch. 98, 48 Stat. 2, as amended, and was classified
    principally to subchapter IV (Sec. 1131 et seq.) of chapter 7 of
    Title 12. The Farm Credit Act of 1933, as amended, was repealed by
    section 5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181,
    Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act
    of 1971 also provided that all references in other legislation to
    the Acts repealed thereby "shall be deemed to refer to comparable
    provisions of this Act". For further details, see notes set out
    under section 2001 of Title 12. For complete classification of the
    Farm Credit Act of 1933 to the Code prior to such repeal, see
    Tables.
      The Home Owners' Loan Act of 1933, referred to in text, is act
    June 13, 1933, ch. 64, 48 Stat. 128, as amended, now known as the
    Home Owners' Loan Act, which is classified generally to chapter 12
    (Sec. 1461 et seq.) of Title 12. For complete classification of
    this Act to the Code, see section 1461 of Title 12 and Tables.

-COD-
                               CODIFICATION                           
      R.S. Sec. 3741 derived from act Apr. 21, 1808, ch. 48, Sec. 3, 2
    Stat. 484.
      First sentence of section is based on R.S. Sec. 3741, as amended,
    and second sentence is based on act Jan. 25, 1934, ch. 5, as
    amended and as applicable to R.S. Sec. 3741.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-106 inserted section number in original and
    substituted "Member" for "member".
      1994 - Pub. L. 103-355 amended first sentence generally. Prior to
    amendment, first sentence read as follows: "In every contract or
    agreement to be made or entered into, or accepted by or on behalf
    of the United States, there shall be inserted an express condition
    that no Member of or Delegate to Congress shall be admitted to any
    share or part of such contract or agreement, or to any benefit to
    arise thereupon."
      1937 - Act Aug. 26, 1937, inserted provision at end of second
    sentence beginning with "and shall not apply".
      1934 - Act June 27, 1934, inserted in second sentence ", the
    Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the
    Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933,
    and the Home Owners' Loan Act of 1933".
      Act Jan. 25, 1934, added second sentence providing that this
    section shall not apply to any contracts or agreements heretofore
    or hereafter entered into under the Agricultural Adjustment Act.
      1877 - Act Feb. 27, 1877, inserted "or Delegate to" after "that
    no Member of" in first sentence.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

-End-



-CITE-
    41 USC Sec. 23                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 23. Orders or contracts for material placed with Government-
      owned establishments deemed obligations

-STATUTE-
      All orders or contracts for work or material or for the
    manufacture of material pertaining to approved projects heretofore
    or hereafter placed with Government-owned establishments shall be
    considered as obligations in the same manner as provided for
    similar orders or contracts placed with commercial manufacturers or
    private contractors, and the appropriations shall remain available
    for the payment of the obligations so created as in the case of
    contracts or orders with commercial manufacturers or private
    contractors.

-SOURCE-
    (June 5, 1920, ch. 240, 41 Stat. 975; July 1, 1922, ch. 259, 42
    Stat. 812; June 2, 1937, ch. 293, 50 Stat. 245.)

-COD-
                               CODIFICATION                           
      Section is a composite of acts June 5, 1920, ch. 240, and July 1,
    1922, ch. 259. The words "for work or material" after "All orders
    or contracts", "or contracts" after "similar orders", and "or
    private contractors" after "commercial manufacturers" in two places
    are based on act July 1, 1922.


-MISC1-
                                AMENDMENTS                            
      1937 - Act June 2, 1937, continued this section in effect.

-End-



-CITE-
    41 USC Sec. 24                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 24. Contracts for transportation of moneys, bullion, coin, and
      securities

-STATUTE-
      Whenever it is practicable contracts for the transportation of
    moneys, bullion, coin, notes, bonds, and other securities of the
    United States, and paper shall be let to the lowest responsible
    bidder therefor, after notice to all parties having means of
    transportation.

-SOURCE-
    (July 7, 1884, ch. 332, 23 Stat. 204.)

-COD-
                               CODIFICATION                           
      Section is from Sundry Civil Appropriation Act July 7, 1884,
    fiscal year 1885.

-End-



-CITE-
    41 USC Sec. 24a                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 24a. Omitted

-COD-
                               CODIFICATION                           
      Section, acts June 16, 1933, ch. 101, Sec. 5, 48 Stat. 305; Apr.
    24, 1935, ch. 78, 49 Stat. 161; Aug. 29, 1935, ch. 816, 49 Stat.
    991, provided for cancellation on or before March 31, 1936, of
    contracts for transportation entered into prior to June 16, 1933.

-End-



-CITE-
    41 USC Sec. 25                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 25. Repealed.

-MISC1-
    Sec. 25. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25.
      Section, R.S. Sec. 3729, related to contracts for bunting. See
    section 2301 et seq. of Title 10, Armed Forces.

-End-



-CITE-
    41 USC Sec. 26                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 26. Repealed.

-MISC1-
    Sec. 26. Repealed. June 30, 1949, ch. 288, title VI, Sec.
      602(a)(26), formerly title V, Sec. 502(a)(26), 63 Stat. 401;
      renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.
      Section, acts Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1161; May
    29, 1928, ch. 901, Sec. 1(5), 45 Stat. 986, related to exchange of
    typewriters and adding machines in part payment for new machines.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, see section 605 of act June 30,
    1949.

-End-



-CITE-
    41 USC Sec. 27                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 27. Repealed.

-MISC1-
    Sec. 27. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(109), 65 Stat.
      705.
      Section, act June 5, 1920, ch. 235, Sec. 7, 41 Stat. 947, related
    to disposition of typewriting machines by Government departments
    and establishments.

-End-



-CITE-
    41 USC Secs. 28 to 34                                       01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 28 to 34. Omitted

-COD-
                               CODIFICATION                           
      Section 28, act June 16, 1934, ch. 553, Sec. 1, 48 Stat. 974,
    related to adjustment and settlement of claims by persons who
    entered into contracts with the United States prior to Aug. 10,
    1933 and claim loss due to compliance with codes of fair
    competition.
      Section 29, act June 16, 1934, ch. 553, Sec. 2, 48 Stat. 975,
    related to amount allowed for settlement.
      Section 30, act June 16, 1934, ch. 553, Sec. 3, 48 Stat. 975,
    related to limitation on the amount of profits.
      Section 31, act June 16, 1934, ch. 553, Sec. 4, 48 Stat. 975,
    related to time for presentment of claims.
      Section 32, act June 16, 1934, ch. 553, Sec. 5, 48 Stat. 975,
    authorized appropriations for settlement of claims.
      Section 33, act June 16, 1934, ch. 553, Sec. 6, 48 Stat. 975,
    related to procedure for settlement of claims and reservation of
    right to prosecute for fraud and criminal conduct.
      Section 34, act Aug. 29, 1935, ch. 815, 49 Stat. 990, provided
    that bids made subject to codes of fair competition prior to Aug.
    29, 1935 should not be rejected where bidder agreed to be subject
    to Acts of Congress requiring observance of minimum wages, maximum
    hours, or limitations as to age of employees in performance of
    contracts, with Federal agencies.

-End-



-CITE-
    41 USC Sec. 35                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 35. Contracts for materials, etc., exceeding $10,000;
      representations and stipulations

-STATUTE-
      In any contract made and entered into by any executive
    department, independent establishment, or other agency or
    instrumentality 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 (all the foregoing being
    hereinafter designated as agencies of the United States), for the
    manufacture or furnishing of materials, supplies, articles, and
    equipment in any amount exceeding $10,000, there shall be included
    the following representations and stipulations:
      (a) That all persons employed by the contractor in the
    manufacture or furnishing of the materials, supplies, articles, or
    equipment used in the performance of the contract will be paid,
    without subsequent deduction or rebate on any account, not less
    than the minimum wages as determined by the Secretary of Labor to
    be the prevailing minimum wages for persons employed on similar
    work or in the particular or similar industries or groups of
    industries currently operating in the locality in which the
    materials, supplies, articles, or equipment are to be manufactured
    or furnished under said contract;
      (b) That no person employed by the contractor in the manufacture
    or furnishing of the materials, supplies, articles, or equipment
    used in the performance of the contract shall be permitted to work
    in excess of forty hours in any one week: Provided, That the
    provisions of this subsection shall not apply to any employer who
    shall have entered into an agreement with his employees pursuant to
    the provisions of paragraphs (1) or (2) of subsection (b) of
    section 207 of title 29;
      (c) That no male person under sixteen years of age and no female
    person under eighteen years of age and no convict labor will be
    employed by the contractor in the manufacture or production or
    furnishing of any of the materials, supplies, articles, or
    equipment included in such contract, except that this section, or
    any other law or Executive order containing similar prohibitions
    against purchase of goods by the Federal Government, shall not
    apply to convict labor which satisfies the conditions of section
    1761(c) of title 18; and
      (d) That no part of such contract will be performed nor will any
    of the materials, supplies, articles, or equipment to be
    manufactured or furnished under said contract be manufactured or
    fabricated in any plants, factories, buildings, or surroundings or
    under working conditions which are unsanitary or hazardous or
    dangerous to the health and safety of employees engaged in the
    performance of said contract. Compliance with the safety, sanitary,
    and factory inspection laws of the State in which the work or part
    thereof is to be performed shall be prima-facie evidence of
    compliance with this subsection.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 1, 49 Stat. 2036; May 13, 1942, ch.
    306, 56 Stat. 277; Pub. L. 90-351, title I, Sec. 819(b), formerly
    Sec. 827(b), as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93
    Stat. 1215; renumbered Pub. L. 98-473, title II, Sec. 609B(f), Oct.
    12, 1984, 98 Stat. 2093; Pub. L. 99-145, title XII, Sec. 1241(b),
    Nov. 8, 1985, 99 Stat. 734; Pub. L. 103-355, title VII, Sec.
    7201(1), Oct. 13, 1994, 108 Stat. 3378.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsecs. (a) to (e). Pub. L. 103-355 redesignated subsecs.
    (b) to (e) as (a) to (d), respectively, and struck out former
    subsec. (a) which read as follows: "That the contractor is the
    manufacturer of or a regular dealer in the materials, supplies,
    articles, or equipment to be manufactured or used in the
    performance of the contract;".
      1985 - Subsec. (c). Pub. L. 99-145 struck out "eight hours in any
    one day or in excess of" before "forty hours".
      1979 - Subsec. (d). Pub. L. 90-351, Sec. 827(b), as added by Pub.
    L. 96-157, inserted provisions relating to convict labor which
    satisfies the conditions of section 1761(c) of title 18.
      1942 - Subsec. (c). Act May 13, 1942, inserted proviso.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 1241(c) of Pub. L. 99-145 provided that: "The amendments
    made by this section [amending this section and section 328 of
    former Title 40, Public Buildings, Property, and Works] shall take
    effect on January 1, 1986."

                                SHORT TITLE                            
      Section 14, formerly section 12, of act June 30, 1936, as added
    by Pub. L. 103-355, title X, Sec. 10005(f)(5), Oct. 13, 1994, 108
    Stat. 3409, and renumbered by Pub. L. 104-106, div. D, title XLIII,
    Sec. 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675, provided that:
    "This Act [enacting this section and sections 36 to 45 of this
    title] may be cited as the 'Walsh-Healey Act'."

    EXEMPTIONS TO FEDERAL RESTRICTIONS ON MARKETABILITY OF PRISON MADE
                                   GOODS
      Provisions of this section creating exemptions to Federal
    regulations on marketability of prison made goods are not
    applicable unless representatives of local union central bodies or
    similar labor union organizations have been consulted prior to the
    initiation of any project qualifying of any exemption created by
    this section and such paid inmate employment will not result in the
    displacement of employed workers, or be applied in skills, crafts,
    or trades in which there is a surplus of available gainful labor in
    the locality, or impair existing contracts for services, see
    section 819(c) of Pub. L. 90-351, set out as a note under section
    1761 of Title 18, Crimes and Criminal Procedure.

                         EXCEPTIONS AND EXEMPTIONS                     
      7 F.R. 9399 (amending Exemption Order Apr. 21, 1942, 7 F.R.
    3003), which exempted female persons under 18 years of age from the
    provisions of subsec. (d) of this section, was superseded by 10
    F.R. 10438.

      CONTRACTING AUTHORITY OF GOVERNMENT AGENCIES IN CONNECTION WITH
                        NATIONAL DEFENSE FUNCTIONS
      Provisions of sections 35 to 45 of this title as applicable to
    Government agencies exercising certain contracting authority in
    connection with national-defense functions, see section 13 of Ex.
    Ord. No. 10789, set out as a note under section 1431 of Title 50,
    War and National Defense.


-EXEC-
    EX. ORD. NO. 13126. PROHIBITION OF ACQUISITION OF PRODUCTS PRODUCED
                    BY FORCED OR INDENTURED CHILD LABOR
      Ex. Ord. No. 13126, June 12, 1999, 64 F.R. 32383, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    continue the executive branch's commitment to fighting abusive
    child labor practices, it is hereby ordered as follows:
      Section. 1. Policy. It shall be the policy of the United States
    Government, consistent with the Tariff Act of 1930, 19 U.S.C. 1307,
    the Fair Labor Standards Act [of 1938], 29 U.S.C. 201 et. seq., and
    the Walsh-Healey Public Contracts Act [Walsh-Healey Act], 41 U.S.C.
    35 et seq., that executive agencies shall take appropriate actions
    to enforce the laws prohibiting the manufacture or importation of
    goods, wares, articles, and merchandise mined, produced, or
    manufactured wholly or in part by forced or indentured child labor.
      Sec. 2. Publication of List. Within 120 days after the date of
    this order, the Department of Labor, in consultation and
    cooperation with the Department of the Treasury and the Department
    of State, shall publish in the Federal Register a list of products,
    identified by their country of origin, that those Departments have
    a reasonable basis to believe might have been mined, produced, or
    manufactured by forced or indentured child labor. The Department of
    Labor may conduct hearings to assist in the identification of those
    products.
      Sec. 3. Procurement Regulations. Within 120 days after the date
    of this order, the Federal Acquisition Regulatory Council shall
    issue proposed rules to implement the following:
      (a) Required Solicitation Provisions. Each solicitation of offers
    for a contract for the procurement of a product included on the
    list published under section 2 of this order shall include the
    following provisions:
      (1) A provision that requires the contractor to certify to the
    contracting officer that the contractor or, in the case of an
    incorporated contractor, a responsible official of the contractor
    has made a good faith effort to determine whether forced or
    indentured child labor was used to mine, produce, or manufacture
    any product furnished under the contract and that, on the basis of
    those efforts, the contractor is unaware of any such use of child
    labor; and
      (2) A provision that obligates the contractor to cooperate fully
    in providing reasonable access to the contractor's records,
    documents, persons, or premises if reasonably requested by
    authorized officials of the contracting agency, the Department of
    the Treasury, or the Department of Justice, for the purpose of
    determining whether forced or indentured child labor was used to
    mine, produce, or manufacture any product furnished under the
    contract.
      (b) Investigations. Whenever a contracting officer of an
    executive agency has reason to believe that forced or indentured
    child labor was used to mine, produce, or manufacture a product
    furnished pursuant to a contract subject to the requirements of
    subsection 3(a) of this order, the head of the executive agency
    shall refer the matter for investigation to the Inspector General
    of the executive agency and, as the head of the executive agency or
    the Inspector General determines appropriate, to the Attorney
    General and the Secretary of the Treasury.
      (c) Remedies.
      (1) The head of an executive agency may impose remedies as
    provided in this subsection in the case of a contractor under a
    contract of the executive agency if the head of the executive
    agency finds that the contractor:
        (i) Has furnished under the contract products that have been
      mined, produced, or manufactured by forced or indentured child
      labor or uses forced or indentured child labor in the mining,
      production, or manufacturing operations of the contractor;
        (ii) Has submitted a false certification under subsection
      3(a)(1) of this order; or
        (iii) Has failed to cooperate in accordance with the obligation
      imposed pursuant to subsection 3(a)(2) of this order.
      (2) The head of an executive agency, in his or her sole
    discretion, may terminate a contract on the basis of any finding
    described in subsection 3(c)(1) of this order for any contract
    entered into after the date the regulation called for in section 3
    of this order is published in final.
      (3) The head of an executive agency may debar or suspend a
    contractor from eligibility for Federal contracts on the basis of a
    finding that the contractor has engaged in an act described in
    subsection 3(c)(1) of this order. The provision for debarment may
    not exceed 3 years.
      (4) The Administrator of General Services shall include on the
    List of Parties Excluded from Federal Procurement and
    Nonprocurement Programs (maintained by the Administrator as
    described in the Federal Acquisition Regulation) each party that is
    debarred, suspended, proposed for debarment or suspension, or
    declared ineligible by the head of an agency on the basis that the
    person has engaged in an act described in subsection 3(c)(1) of
    this order.
      (5) This section shall not be construed to limit the use of other
    remedies available to the head of an executive agency or any other
    official of the Federal Government on the basis of a finding
    described in subsection 3(c)(1) of this order.
      Sec. 4. Report. Within 2 years after implementation of any final
    rule under this order, the Administrator of General Services, with
    the assistance of other executive agencies, shall submit to the
    Office of Management and Budget a report on the actions taken
    pursuant to this order.
      Sec. 5. Scope. (a) Any proposed rules issued pursuant to section
    3 of this order shall apply only to acquisitions for a total amount
    in excess of the micro-purchase threshold as defined in section
    32(f) of the Office of Federal Procurement Policy Act (41 U.S.C.
    428(f)).
      (b) This order does not apply to a contract that is for the
    procurement of any product, or any article, material, or supply
    contained in a product that is mined, produced, or manufactured in
    any foreign country if:
        (1) the foreign country is a party to the Agreement on
      Government Procurement annexed to the WTO Agreement or a party to
      the North American Free Trade Agreement ("NAFTA"); and
        (2) the contract is of a value that is equal to or greater than
      the United States threshold specified in the Agreement on
      Government Procurement annexed to the WTO Agreement or NAFTA,
      whichever is applicable.
      Sec. 6. Definitions. (a) "Executive agency" and "agency" have the
    meaning given to "executive agency" in section 4(1) of the Office
    of Federal Procurement Policy Act (41 U.S.C. 403(1)).
      (b) "WTO Agreement" means the Agreement Establishing the World
    Trade Organization, entered into on April 15, 1994.
      (c) "Forced or indentured child labor" means all work or service
    (1) exacted from any person under the age of 18 under the menace of
    any penalty for its nonperformance and for which the worker does
    not offer himself voluntarily; or (2) performed by any person under
    the age of 18 pursuant to a contract the enforcement of which can
    be accomplished by process or penalties.
      Sec. 7. Judicial Review. This order is intended only to improve
    the internal management of the executive branch and does not create
    any rights or benefits, substantive or procedural, enforceable by
    law by a party against the United States, its agencies, its
    officers, or any other person.
                                                     William J. Clinton.

-End-



-CITE-
    41 USC Sec. 36                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 36. Liability for contract breach; cancellation; completion by
      Government agency; employee's wages

-STATUTE-
      Any breach or violation of any of the representations and
    stipulations in any contract for the purposes set forth in section
    35 of this title shall render the party responsible therefor liable
    to the United States of America for liquidated damages, in addition
    to damages for any other breach of such contract, the sum of $10
    per day for each male person under sixteen years of age or each
    female person under eighteen years of age, or each convict laborer
    knowingly employed in the performance of such contract, and a sum
    equal to the amount of any deductions, rebates, refunds, or
    underpayment of wages due to any employee engaged in the
    performance of such contract; and, in addition, the agency of the
    United States entering into such contract shall have the right to
    cancel same and to make open-market purchases or enter into other
    contracts for the completion of the original contract, charging any
    additional cost to the original contractor. Any sums of money due
    to the United States of America by reason of any violation of any
    of the representations and stipulations of said contract set forth
    in section 35 of this title may be withheld from any amounts due on
    any such contracts or may be recovered in suits brought in the name
    of the United States of America by the Attorney General thereof.
    All sums withheld or recovered as deductions, rebates, refunds, or
    underpayments of wages shall be held in a special deposit account
    and shall be paid, on order of the Secretary of Labor, directly to
    the employees who have been paid less than minimum rates of pay as
    set forth in such contracts and on whose account such sums were
    withheld or recovered: Provided, That no claims by employees for
    such payments shall be entertained unless made within one year from
    the date of actual notice to the contractor of the withholding or
    recovery of such sums by the United States of America.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 2, 49 Stat. 2037.)

-End-



-CITE-
    41 USC Sec. 37                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 37. Distribution of list of persons breaching contract; future
      contracts prohibited

-STATUTE-
      The Comptroller General is authorized and directed to distribute
    a list to all agencies of the United States containing the names of
    persons or firms found by the Secretary of Labor to have breached
    any of the agreements or representations required by sections 35 to
    45 of this title. Unless the Secretary of Labor otherwise
    recommends no contracts shall be awarded to such persons or firms
    or to any firm, corporation, partnership, or association in which
    such persons or firms have a controlling interest until three years
    have elapsed from the date the Secretary of Labor determines such
    breach to have occurred.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 3, 49 Stat. 2037.)

-End-



-CITE-
    41 USC Sec. 38                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 38. Administration of Walsh-Healey provisions; officers and
      employees; appointment; investigations; rules and regulations

-STATUTE-
      The Secretary of Labor is authorized and directed to administer
    the provisions of sections 35 to 45 of this title and to utilize
    such Federal officers and employees and, with the consent of the
    State, such State and local officers and employees as he may find
    necessary to assist in the administration of said sections and to
    prescribe rules and regulations with respect thereto. The Secretary
    shall appoint, subject to chapter 51 and subchapter III of chapter
    53 of title 5, an administrative officer, and such attorneys and
    experts, and other employees with regard to existing laws
    applicable to the employment and compensation of officers and
    employees of the United States, as he may from time to time find
    necessary for the administration of sections 35 to 45 of this
    title. The Secretary of Labor or his authorized representatives
    shall have power to make investigations and findings as provided in
    sections 35 to 45 of this title, and prosecute any inquiry
    necessary to his functions in any part of the United States. The
    Secretary of Labor shall have authority from time to time to make,
    amend, and rescind such rules and regulations as may be necessary
    to carry out the provisions of sections 35 to 45 of this title.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 4, 49 Stat. 2038; Oct. 28, 1949, ch.
    782, title XI, Sec. 1106(a), 63 Stat. 972.)

-COD-
                               CODIFICATION                           
      Provisions of second sentence of this section that authorized the
    Secretary to appoint an administrative officer and such attorneys
    and experts "without regard to the provisions of the civil service
    laws" were omitted as obsolete. Such appointments are subject to
    the civil service laws unless specifically excepted by such laws or
    by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941,
    issued by the President pursuant to the Act of Nov. 26, 1940, ch.
    919, title I, Sec. 1, 54 Stat. 1211, which covered most excepted
    positions into the classified (competitive) civil service. The
    Order is set out as a note under section 3301 of Title 5,
    Government Organization and Employees.
      "Chapter 51 and subchapter III of chapter 53 of title 5"
    substituted in text for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5.


-MISC1-
                                AMENDMENTS                            
      1949 - Act Oct. 28, 1949, substituted "Classification Act of
    1949" for "Classification Act of 1923".

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of all other officers, employees, and
    agencies of Department of Labor, with certain exceptions, to
    Secretary of Labor, with power to delegate, see Reorg. Plan No. 6
    of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
    1263, set out in the Appendix to Title 5, Government Organization
    and Employees.

-End-



-CITE-
    41 USC Sec. 39                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 39. Hearings on Walsh-Healey provisions by Secretary of Labor;
      witness fees; failure to obey order; punishment

-STATUTE-
      Upon his own motion or on application of any person affected by
    any ruling of any agency of the United States in relation to any
    proposal or contract involving any of the provisions of sections 35
    to 45 of this title, and on complaint of a breach or violation of
    any representation or stipulation as provided in said sections, the
    Secretary of Labor, or an impartial representative designated by
    him, shall have the power to hold hearings and to issue orders
    requiring the attendance and testimony of witnesses and the
    production of evidence under oath. Witnesses shall be paid the same
    fees and mileage that are paid witnesses in the courts of the
    United States. In case of contumacy, failure, or refusal of any
    person to obey such an order, any District Court of the United
    States or of any Territory or possession within the jurisdiction of
    which the inquiry is carried on, or within the jurisdiction of
    which said person who is guilty of contumacy, failure, or refusal
    is found, or resides or transacts business, upon the application by
    the Secretary of Labor or representative designated by him, shall
    have jurisdiction to issue to such person an order requiring such
    person to appear before him or representative designated by him, to
    produce evidence if, as, and when so ordered, and to give testimony
    relating to the matter under investigation or in question; and any
    failure to obey such order of the court may be punished by said
    court as a contempt thereof; and shall make findings of fact after
    notice and hearing, which findings shall be conclusive upon all
    agencies of the United States, and if supported by the
    preponderance of the evidence, shall be conclusive in any court of
    the United States; and the Secretary of Labor or authorized
    representative shall have the power, and is authorized, to make
    such decisions, based upon findings of fact, as are deemed to be
    necessary to enforce the provisions of sections 35 to 45 of this
    title.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 5, 49 Stat. 2038; June 25, 1948, ch.
    646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63
    Stat. 107.)

-COD-
                               CODIFICATION                           
      As originally enacted, the words ", or the district court of the
    United States for the District of Columbia," were set out following
    "Territory or possession". Act June 25, 1948, as amended by act May
    24, 1949, substituted "United States District Court for the
    District of Columbia" for "district court of the United States for
    the District of Columbia". The words "United States District Court
    for the District of Columbia" have been deleted entirely as
    superfluous in view of section 132(a) of Title 28, Judiciary and
    Judicial Procedure, which states that "There shall be in each
    judicial district a district court which shall be a court of record
    known as the United States District Court for the district", and
    section 88 of title 28 which states that "the District of Columbia
    constitutes one judicial district".

-End-



-CITE-
    41 USC Sec. 40                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 40. Exceptions from Walsh-Healey provisions; modification of
      contracts; variations; overtime; suspension of representations
      and stipulations

-STATUTE-
      Upon a written finding by the head of the contracting agency or
    department that the inclusion in the proposal or contract of the
    representations or stipulations set forth in section 35 of this
    title will seriously impair the conduct of Government business, the
    Secretary of Labor shall make exceptions in specific cases or
    otherwise when justice or public interest will be served thereby.
    Upon the joint recommendation of the contracting agency and the
    contractor, the Secretary of Labor may modify the terms of an
    existing contract respecting minimum rates of pay and maximum hours
    of labor as he may find necessary and proper in the public interest
    or to prevent injustice and undue hardship. The Secretary of Labor
    may provide reasonable limitations and may make rules and
    regulations allowing reasonable variations, tolerances, and
    exemptions to and from any or all provisions of sections 35 to 45
    of this title respecting minimum rates of pay and maximum hours of
    labor or the extent of the application of said sections to
    contractors, as hereinbefore described. Whenever the Secretary of
    Labor shall permit an increase in the maximum hours of labor
    stipulated in the contract, he shall set a rate of pay for any
    overtime, which rate shall be not less than one and one-half times
    the basic hourly rate received by any employee affected: Provided,
    That whenever in his judgment such course is in the public
    interest, the President is authorized to suspend any or all of the
    representations and stipulations contained in section 35 of this
    title.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 6, 49 Stat. 2038; June 28, 1940, ch.
    440, title I, Sec. 13, 54 Stat. 681.)


-MISC1-
                                AMENDMENTS                            
      1940 - Act June 28, 1940, inserted proviso.

-End-



-CITE-
    41 USC Sec. 41                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 41. "Person" defined in Walsh-Healey provisions

-STATUTE-
      Whenever used in sections 35 to 45 of this title, the word
    "person" includes one or more individuals, partnerships,
    associations, corporations, legal representatives, trustees,
    trustees in cases under title 11, or receivers.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 7, 49 Stat. 2039; Pub. L. 95-598,
    title III, Sec. 326, Nov. 6, 1978, 92 Stat. 2679.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-598 substituted "trustees in cases under title
    11" for "trustees in bankruptcy".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.

-End-



-CITE-
    41 USC Sec. 42                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 42. Effect of Walsh-Healey provisions on other laws

-STATUTE-
      The provisions of sections 35 to 45 of this title shall not be
    construed to modify or amend Title III of the act entitled "An Act
    making appropriations for the Treasury 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) [41
    U.S.C. 10a et seq.], nor shall the provisions of sections 35 to 45
    of this title be construed to modify or amend sections 3141-3144,
    3146, and 3147 of title 40, nor the labor provisions of Title II of
    the National Industrial Recovery Act, approved June 16, 1933, as
    extended, or of section 7 of the Emergency Relief Appropriation
    Act, approved April 8, 1935; nor shall the provisions of sections
    35 to 45 of this title be construed to modify or amend chapter 307
    and section 4162 (!1) of title 18.


-SOURCE-
    (June 30, 1936, ch. 881, Sec. 8, 49 Stat. 2039.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Buy American Act, referred to in text, is title III of act
    Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which is
    classified generally to sections 10a, 10b, and 10c of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 10a of this title and Tables.
      The National Industrial Recovery Act, referred to in text, is act
    June 16, 1933, ch. 90, 48 Stat. 195. Title II of the National
    Industrial Recovery Act was classified principally to subchapter I
    (Sec. 401 et seq.) of chapter 8 of former Title 40, Public
    Buildings, Property, and Works, and was terminated June 30, 1943,
    by act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410. Provisions of
    title II of the Act which were classified to former Title 40 were
    repealed by section 6(b) of Pub. L. 107-217, Aug. 21, 2002, 116
    Stat. 1304. For complete classification of this Act to the Code,
    see Tables.
      Section 7 of the Emergency Relief Appropriation Act, approved
    April 8, 1935, referred to in text, is act Apr. 8, 1935, ch. 48,
    Sec. 7, 49 Stat. 115, which is not classified to the Code.
      Section 4162 of title 18, referred to in text, was repealed by
    Pub. L. 98-473, title II, Sec. 218(a)(4), Oct. 12, 1984, 98 Stat.
    2027.)

-COD-
                               CODIFICATION                           
      "Sections 3141-3144, 3146, and 3147 of title 40" substituted in
    text for "the Act entitled 'An Act relating to the rate of wages
    for laborers and mechanics 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" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
    116 Stat. 1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.
      "Chapter 307 and section 4162 of title 18" 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', approved May
    27, 1930, as amended and supplemented by the Act approved June 23,
    1934" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the
    first section of which enacted Title 18, Crimes and Criminal
    Procedure. Prior to the enactment of Title 18, the act of May 27,
    1930, as amended, had been classified to sections 744a to 744n of
    Title 18.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Sec. 43                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 43. Walsh-Healey provisions not applicable to certain
      contracts

-STATUTE-
      Sections 35 to 45 of this title shall not apply to purchases of
    such materials, supplies, articles, or equipment as may usually be
    bought in the open market; nor shall they apply to perishables,
    including dairy, livestock and nursery products, or to agricultural
    or farm products processed for first sale by the original
    producers; nor to any contracts made by the Secretary of
    Agriculture for the purchase of agricultural commodities or the
    products thereof. Nothing in said sections shall be construed to
    apply to carriage of freight or personnel by vessel, airplane, bus,
    truck, express, or railway line where published tariff rates are in
    effect or to common carriers subject to the Communications Act of
    1934 [47 U.S.C. 151 et seq.].

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 9, 49 Stat. 2039.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Communications Act of 1934, referred to in text, is act June
    19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified
    principally to chapter 5 (Sec. 151 et seq.) of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs. For complete
    classification of this Act to the Code see section 609 of Title 47
    and Tables.

-End-



-CITE-
    41 USC Sec. 43a                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 43a. Administrative procedure provisions

-STATUTE-
    (a) Applicability
      Notwithstanding any provision of section 553 of title 5,
    subchapter II of chapter 5, and chapter 7, of title 5 shall be
    applicable in the administration of sections 35 to 39 and 41 to 43
    of this title.
    (b) Wage determination; administrative review
      All wage determinations under section 35(a) of this title shall
    be made on the record after opportunity for a hearing. Review of
    any such wage determination, or of the applicability of any such
    wage determination, may be had within ninety days after such
    determination is made in the manner provided in chapter 7 of title
    5 by any person adversely affected or aggrieved thereby, who shall
    be deemed to include any supplier of materials, supplies, articles
    or equipment purchased or to be purchased by the Government from
    any source, who is in any industry to which such wage determination
    is applicable.
    (c) Judicial review
      Notwithstanding the inclusion of any stipulations required by any
    provision of sections 35 to 45 of this title in any contract
    subject to said sections, any interested person shall have the
    right of judicial review of any legal question which might
    otherwise be raised, including, but not limited to, wage
    determinations and the interpretation of the terms "locality" and
    "open market".

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 10, as added June 30, 1952, ch. 530,
    title III, Sec. 301, 66 Stat. 308; amended Pub. L. 103-355, title
    VII, Sec. 7201(2), (3), Oct. 13, 1994, 108 Stat. 3378; Pub. L. 104-
    106, div. D, title XLIII, Sec. 4321(f)(2), Feb. 10, 1996, 110
    Stat. 675.)

-COD-
                               CODIFICATION                           
      "Section 553 of title 5", "subchapter II of chapter 5, and
    chapter 7, of title 5", and "chapter 7 of title 5" substituted for
    "section 1003 of title 5", "such Act [meaning the Administrative
    Procedure Act]", and "section 1009 of title 5", respectively, on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10 of act June 30, 1936, was renumbered section
    12, and is classified to section 44 of this title.

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-106, Sec. 4321(f)(2)(A),
    substituted "section 35(a)" for "section 35(b)".
      Subsec. (c). Pub. L. 104-106, Sec. 4321(f)(2)(B), struck out
    comma after " 'locality' ".
      1994 - Subsec. (b). Pub. L. 103-355, Sec. 7201(2), substituted
    "supplier of materials" for "manufacturer of, or regular dealer in,
    materials".
      Subsec. (c). Pub. L. 103-355, Sec. 7201(3), struck out " 'regular
    dealer', 'manufacturer'," before "and 'open market' ".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

-End-



-CITE-
    41 USC Sec. 43b                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 43b. Manufacturers and regular dealers

-STATUTE-
      (a) The Secretary of Labor may prescribe in regulations the
    standards for determining whether a contractor is a manufacturer of
    or a regular dealer in materials, supplies, articles, or equipment
    to be manufactured or used in the performance of a contract entered
    into by any executive department, independent establishment, or
    other agency or instrumentality 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, for the manufacture or
    furnishing of materials, supplies, articles, and equipment.
      (b) Any interested person shall have the right of judicial review
    of any legal question regarding the interpretation of the terms
    "regular dealer" and "manufacturer", as defined pursuant to
    subsection (a) of this section.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 11, as added Pub. L. 103-355, title
    VII, Sec. 7201(4), Oct. 13, 1994, 108 Stat. 3378; amended Pub. L.
    104-106, div. D, title XLIII, Sec. 4321(f)(1)(A), Feb. 10, 1996,
    110 Stat. 675.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 11 of act June 30, 1936, was renumbered section
    12, and is classified to section 44 of this title.
      Another prior section 11 of act June 30, 1936, was renumbered
    section 13, and is classified to section 45 of this title.

                                AMENDMENTS                            
      1996 - Pub. L. 104-106 transferred section in original so as to
    appear after section 43a of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section
    10001 of Pub. L. 103-355, set out as an Effective Date of 1994
    Amendment note under section 251 of this title.

-End-



-CITE-
    41 USC Sec. 44                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 44. Separability of Walsh-Healey provisions

-STATUTE-
      If any provision of sections 35 to 45 of this title, or the
    application thereof to any persons or circumstances, is held
    invalid, the remainder of said sections, and the application of
    such provisions to other persons or circumstances, shall not be
    affected thereby.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 12, formerly Sec. 10, 49 Stat. 2039;
    renumbered Sec. 11, June 30, 1952, ch. 530, title III, Sec. 301, 66
    Stat. 308; renumbered Sec. 12, Pub. L. 104-106, div. D, title
    XLIII, Sec. 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 12 of act June 30, 1936, was renumbered section
    13, and is classified to section 45 of this title.
      Another prior section 12 of act June 30, 1936, was renumbered
    section 14, and is set out as a Short Title note under section 35
    of this title.

-End-



-CITE-
    41 USC Sec. 45                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 45. Effective date of Walsh-Healey provisions; exception as to
      representations with respect to minimum wages

-STATUTE-
      Sections 35 to 45 of this title shall apply to all contracts
    entered into pursuant to invitations for bids issued on or after
    ninety days from June 30, 1936: Provided, however, That the
    provisions requiring the inclusion of representations with respect
    to minimum wages shall apply only to purchases or contracts
    relating to such industries as have been the subject matter of a
    determination by the Secretary of Labor.

-SOURCE-
    (June 30, 1936, ch. 881, Sec. 13, formerly Sec. 11, 49 Stat. 2039;
    renumbered Sec. 12, June 30, 1952, ch. 530, title III, Sec. 301, 66
    Stat. 308; renumbered Sec. 13, Pub. L. 104-106, div. D, title
    XLIII, Sec. 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675.)

-End-



-CITE-
    41 USC Sec. 46                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 46. Committee for Purchase From People Who Are Blind or
      Severely Disabled

-STATUTE-
    (a) Establishment
      There is established a committee to be known as the Committee for
    Purchase From People Who Are Blind or Severely Disabled (hereafter
    in sections 46 to 48c of this title referred to as the
    "Committee"). The Committee shall be composed of fifteen members
    appointed as follows:
      (1) The President shall appoint as a member one officer or
    employee from each of the following: The Department of Agriculture,
    the Department of Defense, the Department of the Army, the
    Department of the Navy, the Department of the Air Force, the
    Department of Education, the Department of Commerce, the Department
    of Veterans Affairs, the Department of Justice, the Department of
    Labor, and the General Services Administration. The head of each
    such department and agency shall nominate one officer or employee
    in his department or agency for appointment under this paragraph.
      (2)(A) The President shall appoint one member from persons who
    are not officers or employees of the Government and who are
    conversant with the problems incident to the employment of the
    blind.
      (B) The President shall appoint one member from persons who are
    not officers or employees of the Government and who are conversant
    with the problems incident to the employment of other severely
    handicapped individuals.
      (C) The President shall appoint one member from persons who are
    not officers or employees of the Government and who represent blind
    individuals employed in qualified nonprofit agencies for the blind.
      (D) The President shall appoint one member from persons who are
    not officers or employees of the Government and who represent
    severely handicapped individuals (other than blind individuals)
    employed in qualified nonprofit agencies for other severely
    handicapped individuals.
    (b) Vacancy
      A vacancy in the membership of the Committee shall be filled in
    the manner in which the original appointment was made.
    (c) Chairman
      The members of the Committee shall elect one of their number to
    be Chairman.
    (d) Terms
      (1) Except as provided in paragraphs (2), (3), and (4), members
    appointed under paragraph (2) of subsection (a) of this section
    shall be appointed for terms of five years. Any member appointed to
    the Committee under such paragraph may be reappointed to the
    Committee if he meets the qualifications prescribed by that
    paragraph.
      (2) Of the members first appointed under paragraph (2) of
    subsection (a) of this section - 
        (A) one shall be appointed for a term of three years,
        (B) one shall be appointed for a term of four years, and
        (C) one shall be appointed for a term of five years,

    as designated by the President at the time of appointment.
      (3) Any member appointed under paragraph (2) of subsection (a) of
    this section to fill a vacancy occurring prior to the expiration of
    the term for which his predecessor was appointed shall be appointed
    only for the remainder of such term. A member appointed under such
    paragraph may serve after the expiration of his term until his
    successor has taken office.
      (4) The member first appointed under paragraph (2)(B) of
    subsection (a) of this section shall be appointed for a term of
    three years.
    (e) Pay and travel expenses
      (1) Except as provided in paragraph (2), members of the Committee
    shall each be entitled to receive the daily equivalent of the
    annual rate of basic pay in effect for grade GS-18 of the General
    Schedule for each day (including traveltime) during which they are
    engaged in the actual performance of services for the Committee.
      (2) Members of the Committee who are officers or employees of the
    Government shall receive no additional pay on account of their
    service on the Committee.
      (3) While away from their homes or regular places of business in
    the performance of services for the Committee, members of the
    Committee shall be allowed travel expenses, including per diem in
    lieu of subsistence, in the same manner as persons employed
    intermittently in the Government service are allowed expenses under
    section 5703(b) (!1) of title 5.

    (f) Staff
      (1) Subject to such rules as may be adopted by the Committee, the
    Chairman may appoint and fix the pay of such personnel as the
    Committee determines are necessary to assist it in carrying out its
    duties and powers under sections 46 to 48c of this title.
      (2) Upon request of the Committee, the head of any entity of the
    Government is authorized to detail, on a reimbursable basis, any of
    the personnel of such entity to the Committee to assist it in
    carrying out its duties and powers under section 46 to 48c of this
    title.
      (3) The staff of the Committee appointed under paragraph (1)
    shall be appointed subject to the provisions of title 5 governing
    appointments in the competitive service, and shall be paid in
    accordance with the provisions of chapter 51 and subchapter III of
    chapter 53 of such title 5 relating to classification and General
    Schedule pay rates.
    (g) Obtaining official data
      The Committee may secure directly from any entity of the
    Government information necessary to enable it to carry out sections
    46 to 48c of this title. Upon request of the Chairman of the
    Committee, the head of such Government entity shall furnish such
    information to the Committee.
    (h) Administrative support services
      The Administrator of General Services shall provide to the
    Committee on a reimbursable basis such administrative support
    services as the Committee may request.
    (i) Annual report
      The Committee shall, not later than December 31 of each year,
    transmit to the President and to the Congress a report which shall
    include the names of the Committee members serving in the preceding
    fiscal year, the dates of Committee meetings in that year, a
    description of its activities under sections 46 to 48c of this
    title in that year, and any recommendations for changes in sections
    46 to 48c of this title which it determines are necessary.

-SOURCE-
    (June 25, 1938, ch. 697, Sec. 1, 52 Stat. 1196; Pub. L. 92-28, Sec.
    1, June 23, 1971, 85 Stat. 77; Pub. L. 93-358, Sec. 1(1), (2), July
    25, 1974, 88 Stat. 392, 393; Pub. L. 94-273, Sec. 8(2), Apr. 21,
    1976, 90 Stat. 378; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17,
    1979, 93 Stat. 695; Pub. L. 102-54, Sec. 13(p), June 13, 1991, 105
    Stat. 278; Pub. L. 102-569, title IX, Sec. 911(a), Oct. 29, 1992,
    106 Stat. 4486; Pub. L. 103-73, title III, Sec. 301, Aug. 11, 1993,
    107 Stat. 736.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5703 of title 5, referred to in subsec. (e)(3), was
    amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat.
    85, and, as so amended, does not contain a subsec. (b).


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-73 substituted "Blind or Severely
    Disabled" for "Blind and Severely Disabled" in introductory
    provisions.
      1992 - Subsec. (a). Pub. L. 102-569 substituted "From People Who
    Are Blind and Severely Disabled" for "from the Blind and Other
    Severely Handicapped" in introductory provisions.
      1991 - Subsec. (a)(1). Pub. L. 102-54 substituted "Department of
    Veterans Affairs" for "Veterans' Administration".
      1976 - Subsec. (i). Pub. L. 94-273 substituted "December 31" for
    "September 30".
      1974 - Subsec. (a). Pub. L. 93-358, Sec. 1(1)(A), (B),
    substituted "Committee for Purchase from Blind and Other Severely
    Handicapped" for "Committee for Purchase of Products and Services
    of the Blind and Other Severely Handicapped" and "fifteen" for
    "fourteen" in provisions preceding par. (1).
      Subsec. (a)(2). Pub. L. 93-358, Sec. 1(1)(C), (D), struck out
    "and other severely handicapped individuals" after "employment of
    the blind" in subpar. (A), added subpar. (B), and redesignated
    former subpars. (B) and (C) as (C) and (D), respectively.
      Subsec. (d)(1). Pub. L. 93-358, Sec. 1(2)(A), substituted
    "paragraphs (2), (3), and (4)" for "paragraphs (2) and (3)".
      Subsec. (d)(4). Pub. L. 93-358, Sec. 1(2)(B), added par. (4).
      1971 - Pub. L. 92-28, in substituting subsecs. (a) to (i) for
    former paragraph, among other changes: renamed Committee on
    Purchases of Blind-made Products as Committee for Purchase of
    Products and Services of the Blind and Other Severely Handicapped;
    increased membership of Committee from seven to fourteen members;
    provided for appointments from Departments of Defense, Air Force,
    Health, Education, and Welfare, Justice, and Labor and from
    Veterans' Administration and General Services Administration;
    eliminated appointments from Treasury Department and Department of
    Interior; substituted appointment from Department of the Army for
    appointment from War Department; required one appointee to be also
    conversant with problems incident to employment of other severely
    handicapped individuals; substituted requirement that such
    appointment be from persons not officers or employees of the
    Government rather than that he be a private citizen; reenacted
    provision for Presidential appointment; substituted subsec. (e) pay
    and travel expenses provisions for former requirement for service
    of Committee members without additional compensation; incorporated
    in subsec. (c) provision for selection of a Chairman, substituting
    "election" for "designation"; and inserted provisions incorporated
    in subsecs. (a)(1) (for nomination by head of each department and
    agency of one officer or employee of the department or agency for
    appointment under par. (1)), (a)(2)(B), (C), (b), (d), and (f) to
    (i).

                     EFFECTIVE DATE OF 1971 AMENDMENT                 
      Section 2 of Pub. L. 92-28 provided that: "The amendment made by
    the first section of this Act [amending this section and sections
    47 and 48 and enacting sections 48a to 48c of this title] shall
    take effect on the first day of the first month which begins more
    than thirty days after the date of enactment of this Act [June 23,
    1971]."

                                SHORT TITLE                            
      Section 7 of act June 25, 1938, as added by Pub. L. 103-355,
    title X, Sec. 10005(f)(6), Oct. 13, 1994, 108 Stat. 3409, provided
    that: "This Act [enacting this section and sections 47 to 48c of
    this title] may be cited as the 'Javits-Wagner-O'Day Act'."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (i) of this section relating to the requirement that the Committee
    transmit a report to Congress each year, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 199 of House Document No. 103-
    7.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Department of Education" substituted for "Department of Health,
    Education, and Welfare" in subsec. (a)(1) pursuant to sections
    301(a)(4)(A), (C), (b)(3) and 507 of Pub. L. 96-88, which are
    classified to sections 3441(a)(4)(A), (C), (b)(3) and 3507 of Title
    20, Education, and which transferred to the Department of Education
    the functions and offices of the Department of Health, Education,
    and Welfare that had the major governmental function in the field
    of vocational rehabilitation for the blind and other severely
    handicapped and administered related vocational rehabilitation
    programs for individuals with disabilities.


-MISC2-
          CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES      
      Pub. L. 109-364, div. A, title VIII, Sec. 856(a), (d), Oct. 17,
    2006, 120 Stat. 2347, 2349, provided that:
      "(a) Inapplicability of Certain Laws. - 
        "(1) Inapplicability of the randolph-sheppard act to contracts
      and subcontracts for military dining facility support services
      covered by javits-wagner-o'day act. - The Randolph-Sheppard Act
      (20 U.S.C. 107 et seq.) does not apply to full food services,
      mess attendant services, or services supporting the operation of
      a military dining facility that, as of the date of the enactment
      of this Act [Oct. 17, 2006], were services on the procurement
      list established under section 2 of the Javits-Wagner-O'Day Act
      (41 U.S.C. 47).
        "(2) Inapplicability of the javits-wagner-o'day act to
      contracts for the operation of a military dining facility. - (A)
      The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) does not apply
      at the prime contract level to any contract entered into by the
      Department of Defense as of the date of the enactment of this Act
      [Oct. 17, 2006] with a State licensing agency under the Randolph-
      Sheppard Act (20 U.S.C. 107 et seq.) for the operation of a
      military dining facility.
        "(B) The Javits-Wagner-O'Day Act shall apply to any subcontract
      entered into by a Department of Defense contractor for full food
      services, mess attendant services, and other services supporting
      the operation of a military dining facility.
        "(3) Repeal of superseded law. - [Repealed section 853(a), (b)
      of Pub. L. 108-375, 118 Stat. 2021.]
      "(d) Definitions. - In this section:
        "(1) The term 'State licensing agency' means any agency
      designated by the Secretary of Education under section 2(a)(5) of
      the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)).
        "(2) The term 'military dining facility' means a facility
      owned, operated, leased, or wholly controlled by the Department
      of Defense and used to provide dining services to members of the
      Armed Forces, including a cafeteria, military mess hall, military
      troop dining facility, or any similar dining facility operated
      for the purpose of providing meals to members of the Armed
      Forces."

        STATEMENT OF POLICY AND REPORT CONCERNING THE OPERATION AND
     MANAGEMENT OF CERTAIN MILITARY FACILITIES REGARDING THE BLIND OR
                             SEVERELY DISABLED
      Pub. L. 109-163, div. A, title VIII, Sec. 848(b), (c), Jan. 6,
    2006, 119 Stat. 3395, provided that:
      "(b) Statement of Policy. - The Secretary of Defense, the
    Secretary of Education, and the Chairman of the Committee for
    Purchase From People Who Are Blind or Severely Disabled shall
    jointly issue a statement of policy related to the implementation
    of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-
    Wagner-O'Day Act (41 U.S.C. 48 [46 et seq.]) within the Department
    of Defense and the Department of Education. The joint statement of
    policy shall specifically address the application of those Acts to
    both operation and management of all or any part of a military mess
    hall, military troop dining facility, or any similar dining
    facility operated for the purpose of providing meals to members of
    the Armed Forces, and shall take into account and address, to the
    extent practicable, the positions acceptable to persons
    representing programs implemented under each Act.
      "(c) Report. - Not later than April 1, 2006, the Secretary of
    Defense, the Secretary of Education, and the Chairman of the
    Committee for Purchase From People Who Are Blind or Severely
    Disabled shall submit to the Committees on Armed Services of the
    Senate and the House of Representatives, the Committee on Health,
    Education, Labor and Pensions of the Senate, and the Committee on
    Education and the Workforce of the House of Representatives a
    report describing the joint statement of policy issued under
    subsection (b), with such findings and recommendations as the
    Secretaries consider appropriate."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    41 USC Sec. 47                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 47. Duties and powers of the Committee

-STATUTE-
    (a) Procurement list: publication in Federal Register; additions
      and removals
      (1) The Committee shall establish and publish in the Federal
    Register a list (hereafter in sections 46 to 48c of this title
    referred to as the "procurement list") of - 
        (A) the commodities produced by any qualified nonprofit agency
      for the blind or by any qualified nonprofit agency for other
      severely handicapped, and
        (B) the services provided by any such agency,

    which the Committee determines are suitable for procurement by the
    Government pursuant to sections 46 to 48c of this title. Such list
    shall be established and published in the Federal Register before
    the expiration of the thirty-day period beginning on Aug. 1, 1971,
    and shall initially consist of the commodities contained, on such
    date, in the schedule of blind-made products issued by the former
    Committee on Purchases of Blind-Made Products under its
    regulations.
      (2) The Committee may, by rule made in accordance with the
    requirements of subsections (b), (c), (d), and (e) of section 553
    of title 5, add to and remove from the procurement list commodities
    so produced and services so provided.
    (b) Fair market price; price revisions
      The Committee shall determine the fair market price of
    commodities and services which are contained on the procurement
    list and which are offered for sale to the Government by any
    qualified nonprofit agency for the blind or any such agency for
    other severely handicapped. The Committee shall also revise from
    time to time in accordance with changing market conditions its
    price determinations with respect to such commodities and services.
    (c) Central nonprofit agency; designation
      The Committee shall designate a central nonprofit agency or
    agencies to facilitate the distribution (by direct allocation,
    subcontract, or any other means) of orders of the Government for
    commodities and services on the procurement list among qualified
    nonprofit agencies for the blind or such agencies for other
    severely handicapped.
    (d) Rules and regulations; blind-made products, priority
      (1) The Committee may make rules and regulations regarding (A)
    specifications for commodities and services on the procurement
    list, (B) the time of their delivery, and (C) such other matters as
    may be necessary to carry out the purposes of sections 46 to 48c of
    this title.
      (2) The Committee shall prescribe regulations providing that - 
        (A) in the purchase by the Government of commodities produced
      and offered for sale by qualified nonprofit agencies for the
      blind or such agencies for other severely handicapped, priority
      shall be accorded to commodities produced and offered for sale by
      qualified nonprofit agencies for the blind, and
        (B) in the purchase by the Government of services offered by
      nonprofit agencies for the blind or such agencies for other
      severely handicapped, priority shall, until the end of the
      calendar year ending December 31, 1976, be accorded to services
      offered for sale by qualified nonprofit agencies for the blind.
    (e) Problems and production methods; study and evaluation
      The Committee shall make a continuing study and evaluation of its
    activities under sections 46 to 48c of this title for the purpose
    of assuring effective and efficient administration of sections 46
    to 48c of this title. The Committee may study (on its own or in
    cooperation with other public or nonprofit private agencies) (1)
    problems related to the employment of the blind and of other
    severely handicapped individuals, and (2) the development and
    adaptation of production methods which would enable a greater
    utilization of the blind and other severely handicapped
    individuals.

-SOURCE-
    (June 25, 1938, ch. 697, Sec. 2, 52 Stat. 1196; Pub. L. 92-28, Sec.
    1, June 23, 1971, 85 Stat. 79.)


-MISC1-
                                AMENDMENTS                            
      1971 - Pub. L. 92-28, in substituting subsecs. (a) to (e) for
    former paragraph, among other changes: extended provisions to cover
    commodities and services of agencies for the blind and other
    severely handicapped, previously limited to brooms and mops and
    other suitable commodities manufactured by agencies for the blind;
    inserted provisions incorporated in subsecs. (a) and (e);
    incorporated in subsec. (b) provisions for determination of fair
    market price and price revisions; incorporated in subsec. (c)
    provisions for designation of a central nonprofit agency, providing
    for distribution by direct allocation, subcontract, or any other
    means; incorporated existing provisions in subsec. (d)(1), adding
    par. (2) thereof; and struck out provision that no change in prices
    shall become effective prior to expiration of fifteen days from
    date on which such change is made by the Committee.

                     EFFECTIVE DATE OF 1971 AMENDMENT                 
      Amendment by Pub. L. 92-28 effective Aug. 1, 1971, see section 2
    of Pub. L. 92-28, set out as a note under section 46 of this title.

-End-



-CITE-
    41 USC Sec. 48                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 48. Procurement requirements for the Government;
      nonapplication to prison-made products

-STATUTE-
      If any entity of the Government intends to procure any commodity
    or service on the procurement list, that entity shall, in
    accordance with rules and regulations of the Committee, procure
    such commodity or service, at the price established by the
    Committee, from a qualified nonprofit agency for the blind or such
    an agency for other severely handicapped if the commodity or
    service is available within the period required by that Government
    entity; except that this section shall not apply with respect to
    the procurement of any commodity which is available for procurement
    from an industry established under chapter 307 of title 18, and
    which, under section 4124 of such title 18, is required to be
    procured from such industry.

-SOURCE-
    (June 25, 1938, ch. 697, Sec. 3, 52 Stat. 1196; Pub. L. 92-28, Sec.
    1, June 23, 1971, 85 Stat. 80.)


-MISC1-
                                AMENDMENTS                            
      1971 - Pub. L. 92-28 extended provisions to cover any commodity
    or service on the procurement list for former provision for brooms
    and mops and other suitable commodities, excepted section from
    application to prison-made products, and deleted provision for
    nonapplicability of sections 46 to 58 of this title to cases where
    brooms and mops were available for procurement from and Federal
    department or agency and procurement therefrom was required under
    provisions of any law in effect on June 25, 1938, or to cases where
    brooms and mops were procured outside continental United States.

                     EFFECTIVE DATE OF 1971 AMENDMENT                 
      Amendment by Pub. L. 92-28 effective Aug. 1, 1971, see section 2
    of Pub. L. 92-28, set out as a note under section 46 of this title.

-End-



-CITE-
    41 USC Sec. 48a                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 48a. Audit

-STATUTE-
      The Comptroller General of the United States, or any of his duly
    authorized representatives, shall have access, for the purpose of
    audit and examination, to any books, documents, papers, and other
    records of the Committee and of each agency designated by the
    Committee under section 47(c) of this title. This section shall
    also apply to any qualified nonprofit agency for the blind and any
    such agency for other severely handicapped which have sold
    commodities or services under sections 46 to 48c of this title but
    only with respect to the books, documents, papers, and other
    records of such agency which relate to its activities in a fiscal
    year in which a sale was made under sections 46 to 48c of this
    title.

-SOURCE-
    (June 25, 1938, ch. 697, Sec. 4, as added Pub. L. 92-28, Sec. 1,
    June 23, 1971, 85 Stat. 81.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 1, 1971, see section 2 of Pub. L. 92-28,
    set out as an Effective Date of 1971 Amendment note under section
    46 of this title.

-End-



-CITE-
    41 USC Sec. 48b                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 48b. Definitions

-STATUTE-
      For purposes of sections 46 to 48c of this title - 
      (1) The term "blind" refers to an individual or class of
    individuals whose central visual acuity does not exceed 20/200 in
    the better eye with correcting lenses or whose visual acuity, if
    better than 20/200, is accompanied by a limit to the field of
    vision in the better eye to such a degree that its widest diameter
    subtends an angle of no greater than 20 degrees.
      (2) The terms "other severely handicapped" and "severely
    handicapped individuals" mean an individual or class of individuals
    under a physical or mental disability, other than blindness, which
    (according to criteria established by the Committee after
    consultation with appropriate entities of the Government and taking
    into account the views of non-Government entities representing the
    handicapped) constitutes a substantial handicap to employment and
    is of such a nature as to prevent the individual under such
    disability from currently engaging in normal competitive
    employment.
      (3) The term "qualified nonprofit agency for the blind" means an
    agency - 
        (A) organized under the laws of the United States or of any
      State, operated in the interest of blind individuals, and the net
      income of which does not inure in whole or in part to the benefit
      of any shareholder or other individual;
        (B) which complies with any applicable occupational health and
      safety standard prescribed by the Secretary of Labor; and
        (C) which in the production of commodities and in the provision
      of services (whether or not the commodities or services are
      procured under sections 46 to 48c of this title) during the
      fiscal year employs blind individuals for not less than 75 per
      centum of the man-hours of direct labor required for the
      production or provision of the commodities or services.

      (4) The term "qualified nonprofit agency for other severely
    handicapped" means an agency - 
        (A) organized under the laws of the United States or of any
      State, operated in the interest of severely handicapped
      individuals who are not blind, and the net income of which does
      not inure in whole or in part to the benefit of any shareholder
      or other individual;
        (B) which complies with any applicable occupational health and
      safety standard prescribed by the Secretary of Labor; and
        (C) which in the production of commodities and in the provision
      of services (whether or not the commodities or services are
      procured under sections 46 to 48c of this title) during the
      fiscal year employs blind or other severely handicapped
      individuals for not less than 75 per centum of the man-hours of
      direct labor required for the production or provision of the
      commodities or services.

      (5) The term "direct labor" includes all work required for
    preparation, processing, and packing of a commodity, or work
    directly relating to the performance of a service, but not
    supervision, administration, inspection, or shipping.
      (6) The term "fiscal year" means the twelve-month period
    beginning on October 1 of each year.
      (7) The terms "Government" and "entity of the Government" include
    any entity of the legislative branch or the judicial branch, any
    executive agency or military department (as such agency and
    department are respectively defined by sections 102 and 105 of
    title 5), the United States Postal Service, and any nonappropriated
    fund instrumentality under the jurisdiction of the Armed Forces.
      (8) The term "State" includes the District of Columbia, the
    Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
    Samoa, and the Trust Territory of the Pacific Islands.

-SOURCE-
    (June 25, 1938, ch. 697, Sec. 5, as added Pub. L. 92-28, Sec. 1,
    June 23, 1971, 85 Stat. 81; amended Pub. L. 93-358, Sec. 1(3), July
    25, 1974, 88 Stat. 393; Pub. L. 94-273, Sec. 3(22), Apr. 21, 1976,
    90 Stat. 377.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-273 substituted "October" for "July" in par.
    (6).
      1974 - Pub. L. 93-358 added par. (5) defining "direct labor",
    struck out former par. (6) which defined "direct labor" without
    reference to work directly relating to the performance of a
    service, and redesignated former pars. (7), (8), and (9) as (6),
    (7), and (8), respectively.

                              EFFECTIVE DATE                          
      Section effective Aug. 1, 1971, see section 2 of Pub. L. 92-28,
    set out as an Effective Date of 1971 Amendment note under section
    46 of this title.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    41 USC Sec. 48c                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 48c. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Committee to carry
    out sections 46 to 48c of this title $240,000 for the fiscal year
    ending June 30, 1974, and such sums as may be necessary for the
    succeeding fiscal years.

-SOURCE-
    (June 25, 1938, ch. 697, Sec. 6, as added Pub. L. 92-28, Sec. 1,
    June 23, 1971, 85 Stat. 82; amended Pub. L. 93-76, July 30, 1973,
    87 Stat. 176; Pub. L. 93-358, Sec. 1(4), July 25, 1974, 88 Stat.
    393.)


-MISC1-
                                AMENDMENTS                            
      1974 - Pub. L. 93-358 substituted "$240,000 for the fiscal year
    ending June 30, 1974, and such sums as may be necessary for the
    succeeding fiscal years" for "$200,000 each for the fiscal year
    ending June 30, 1972, and the next succeeding fiscal year, and
    $240,000 for the fiscal year ending June 30, 1974".
      1973 - Pub. L. 93-76 increased authorization of appropriation to
    $240,000 for fiscal year ending June 30, 1974.

                              EFFECTIVE DATE                          
      Section effective Aug. 1, 1971, see section 2 of Pub. L. 92-28,
    set out as an Effective Date of 1971 Amendment note under section
    46 of this title.

-End-



-CITE-
    41 USC Sec. 49                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 49. Defense employment; honorable discharge from land and
      naval forces as equivalent to birth certificate

-STATUTE-
      No defense contractor shall deny employment, on account of
    failure to produce a birth certificate, to any person who submits,
    in lieu of a birth certificate, an honorable discharge certificate
    or certificate issued in lieu thereof from the Army, Air Force,
    Navy, Marine Corps, or Coast Guard of the United States, unless
    such honorable discharge certificate shows on its face that such
    person may have been an alien at the time of its issuance.

-SOURCE-
    (June 22, 1942, ch. 432, Sec. 1, 56 Stat. 375; July 26, 1947, ch.
    343, title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503.)

-CHANGE-
                              CHANGE OF NAME                          
      Air Force inserted in text under authority of section 207(a), (f)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 502, 503.
    Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of such act July 26, 1947. Sections 205(a) and 207(a), (f) of act
    July 26, 1947 were repealed by section 53 of act Aug. 10, 1956, ch.
    1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title
    10, Armed Forces", which in sections 3010 to 3013 and 8010 to 8013
    continued Departments of the Army and Air Force under
    administrative supervision of Secretary of the Army and Secretary
    of the Air Force, respectively.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    41 USC Sec. 50                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 50. "Defense contractor" defined

-STATUTE-
      As used in sections 49 and 50 of this title the term "defense
    contractor" means an employer engaged in - 
        (1) the production, maintenance, or storage of arms, armament,
      ammunition, implements of war, munitions, machinery, tools,
      clothing, food, fuel, or any articles or supplies, or parts or
      ingredients of any articles or supplies; or
        (2) the construction, reconstruction, repair, or installation
      of a building, plant, structure, or facility;

    under a contract with the United States or under any contract which
    the President, the Secretary of the Army, the Secretary of the Air
    Force, the Secretary of the Navy, or the Secretary of
    Transportation certifies to such employer to be necessary to the
    national defense.

-SOURCE-
    (June 22, 1942, ch. 432, Sec. 2, 56 Stat. 376; July 26, 1947, ch.
    343, title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503; Pub. L.
    97-31, Sec. 12(16), Aug. 6, 1981, 95 Stat. 154.)


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-31 substituted reference to Secretary of
    Transportation for reference to United States Maritime Commission.

-CHANGE-
                              CHANGE OF NAME                          
      Secretary of the Air Force inserted in text under authority of
    section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61
    Stat. 501. Department of War designated Department of the Army and
    title of Secretary of War changed to Secretary of the Army by
    section 205(a) of such act July 26, 1947. Sections 205(a) and
    207(a), (f) of act July 26, 1947 were repealed by section 53 of act
    Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10,
    1956, enacted "Title 10, Armed Forces", which in sections 3010 to
    3013 and 8010 to 8013 continued Departments of the Army and Air
    Force under administrative supervision of Secretary of the Army and
    Secretary of the Air Force, respectively.

-End-



-CITE-
    41 USC Sec. 51                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 51. Short title

-STATUTE-
      Sections 51 to 58 of this title may be cited as the "Anti-
    Kickback Act of 1986".

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 1, 60 Stat. 37; Pub. L. 86-695, Sept.
    2, 1960, 74 Stat. 740; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100
    Stat. 3523.)


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-634 amended section generally, substituting
    short title provision for provisions relating to fees or kick-backs
    by subcontractors on negotiated contracts, recovery thereof by the
    United States, conclusive presumption that such payments by such
    subcontractors were included in the price of the subcontract or
    order and ultimately borne by the United States, and withholding by
    the prime contractor of such amounts from sums otherwise due a
    subcontractor.
      1960 - Pub. L. 86-695 inserted "negotiated" before "contract" and
    struck out ", on a cost-plus-a-fixed-fee or other cost reimbursable
    basis" after "whatsoever" in cl. (1), and substituted "setoff" for
    "set-off" and "contract" for "cost-plus-a-fixed-fee or cost
    reimbursable contract," before "or by an action".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 3 of Pub. L. 99-634 provided that:
      "(a) Except as provided in subsection (b), the Anti-Kickback Act
    of 1986 (as set out in section 2(a)) [sections 51 to 58 of this
    title] shall take effect with respect to conduct described in
    section 3 of such Act [section 53 of this title] which occurs on or
    after the date of the enactment of this Act [Nov. 7, 1986].
      "(b) Subsections (a) and (b) of section 7 of the Anti-Kickback
    Act of 1986 (as set out in section 2(a)) [section 57(a) and (b) of
    this title] shall take effect with respect to contract
    solicitations issued by an agency, department, or other
    establishment of the Federal Government on or after the date which
    is 90 days after the date of the enactment of this Act [Nov. 7,
    1986]."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Section 1 of Pub. L. 99-634 provided: "That this Act [enacting
    sections 55 to 58 of this title, amending this section and sections
    52 to 54 of this title, and enacting provisions set out as a note
    above] may be cited as the 'Anti-Kickback Enforcement Act of
    1986'."

-End-



-CITE-
    41 USC Sec. 52                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 52. Definitions

-STATUTE-
      As used in sections 51 to 58 of this title:
        (1) The term "contracting agency", when used with respect to a
      prime contractor, means any department, agency, or establishment
      of the United States which enters into a prime contract with a
      prime contractor.
        (2) The term "kickback" means any money, fee, commission,
      credit, gift, gratuity, thing of value, or compensation of any
      kind which is provided, directly or indirectly, to any prime
      contractor, prime contractor employee, subcontractor, or
      subcontractor employee for the purpose of improperly obtaining or
      rewarding favorable treatment in connection with a prime contract
      or in connection with a subcontract relating to a prime contract.
        (3) The term "person" means a corporation, partnership,
      business association of any kind, trust, joint-stock company, or
      individual.
        (4) The term "prime contract" means a contract or contractual
      action entered into by the United States for the purpose of
      obtaining supplies, materials, equipment, or services of any
      kind.
        (5) The term "prime contractor" means a person who has entered
      into a prime contract with the United States.
        (6) The term "prime contractor employee" means any officer,
      partner, employee, or agent of a prime contractor.
        (7) The term "subcontract" means a contract or contractual
      action entered into by a prime contractor or subcontractor for
      the purpose of obtaining supplies, materials, equipment, or
      services of any kind under a prime contract.
        (8) The term "subcontractor" - 
          (A) means any person, other than the prime contractor, who
        offers to furnish or furnishes any supplies, materials,
        equipment, or services of any kind under a prime contract or a
        subcontract entered into in connection with such prime
        contract; and
          (B) includes any person who offers to furnish or furnishes
        general supplies to the prime contractor or a higher tier
        subcontractor.

        (9) The term "subcontractor employee" means any officer,
      partner, employee, or agent of a subcontractor.

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 2, 60 Stat. 38; Pub. L. 86-695, Sept.
    2, 1960, 74 Stat. 740; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100
    Stat. 3523.)


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-634 amended section generally. Prior to
    amendment, section read as follows: "For the purpose of sections 51
    to 54 of this title, the term 'subcontractor' is defined as any
    person, including a corporation, partnership, or business
    association of any kind, who holds an agreement or purchase order
    to perform all or any part of the work or to make or to furnish any
    article or service required for the performance of a negotiated
    contract or of a subcontract entered into thereunder; the term
    'person' shall include any subcontractor, corporation, association,
    trust, joint-stock company, partnership, or individual; and the
    term 'negotiated contract' means made without formal advertising."
      1960 - Pub. L. 86-695 substituted "negotiated contract" for "cost-
    plus-a-fixed-fee or cost reimbursable contract" in definition of
    "subcontractor" and defined "negotiated contract".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-634 effective with respect to conduct
    described in section 53 of this title which occurs on or after Nov.
    7, 1986, see section 3(a) of Pub. L. 99-634, set out as a note
    under section 51 of this title.

-End-



-CITE-
    41 USC Sec. 53                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 53. Prohibited conduct

-STATUTE-
      It is prohibited for any person - 
        (1) to provide, attempt to provide, or offer to provide any
      kickback;
        (2) to solicit, accept, or attempt to accept any kickback; or
        (3) to include, directly or indirectly, the amount of any
      kickback prohibited by clause (1) or (2) in the contract price
      charged by a subcontractor to a prime contractor or a higher tier
      subcontractor or in the contract price charged by a prime
      contractor to the United States.

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 3, 60 Stat. 38; Pub. L. 86-695, Sept.
    2, 1960, 74 Stat. 741; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100
    Stat. 3524.)


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-634 amended section generally. Prior to
    amendment, section read as follows: "For the purpose of
    ascertaining whether such fees, commissions, compensation, gifts,
    or gratuities have been paid or granted by a subcontractor, the
    General Accounting Office shall have the power to inspect the
    plants and to audit the books and records of any prime contractor
    or subcontractor engaged in the performance of a negotiated
    contract."
      1960 - Pub. L. 86-695 substituted "negotiated contract" for "cost-
    plus-a-fixed-fee or cost reimbursable contract".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-634 effective with respect to conduct
    described in this section which occurs on or after Nov. 7, 1986,
    see section 3(a) of Pub. L. 99-634, set out as a note under section
    51 of this title.

-End-



-CITE-
    41 USC Sec. 54                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 54. Criminal penalties

-STATUTE-
      Any person who knowingly and willfully engages in conduct
    prohibited by section 53 of this title shall be imprisoned for not
    more than 10 years or shall be subject to a fine in accordance with
    title 18, or both.

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 4, 60 Stat. 38; Pub. L. 86-695, Sept.
    2, 1960, 74 Stat. 741; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100
    Stat. 3524.)


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-634 amended section generally. Prior to
    amendment, section read as follows: "Any person who shall
    knowingly, directly or indirectly, make or receive any such
    prohibited payment shall be fined not more than $10,000 or be
    imprisoned for not more than two years, or both."
      1960 - Pub. L. 86-695 reenacted section without change.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-634 effective with respect to conduct
    described in section 53 of this title which occurs on or after Nov.
    7, 1986, see section 3(a) of Pub. L. 99-634, set out as a note
    under section 51 of this title.

-End-



-CITE-
    41 USC Sec. 55                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 55. Civil actions

-STATUTE-
      (a)(1) The United States may, in a civil action, recover a civil
    penalty from any person who knowingly engages in conduct prohibited
    by section 53 of this title. The amount of such civil penalty shall
    be - 
        (A) twice the amount of each kickback involved in the
      violation; and
        (B) not more than $10,000 for each occurrence of prohibited
      conduct.

      (2) The United States may, in a civil action, recover a civil
    penalty from any person whose employee, subcontractor or
    subcontractor employee violates section 53 of this title by
    providing, accepting, or charging a kickback. The amount of such
    civil penalty shall be the amount of that kickback.
      (b) A civil action under this section shall be barred unless the
    action is commenced within 6 years after the later of (1) the date
    on which the prohibited conduct establishing the cause of action
    occurred, and (2) the date on which the United States first knew or
    should reasonably have known that the prohibited conduct had
    occurred.

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 5, as added Pub. L. 99-634, Sec. 2(a),
    Nov. 7, 1986, 100 Stat. 3524.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective with respect to conduct described in section 53
    of this title which occurs on or after Nov. 7, 1986, see section
    3(a) of Pub. L. 99-634, set out as an Effective Date of 1986
    Amendment note under section 51 of this title.

-End-



-CITE-
    41 USC Sec. 56                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 56. Administrative offsets

-STATUTE-
    (a) Offset authority
      A contracting officer of a contracting agency may offset the
    amount of a kickback provided, accepted, or charged in violation of
    section 53 of this title against any moneys owed by the United
    States to the prime contractor under the prime contract to which
    such kickback relates.
    (b) Duties of prime contractor
      (1) Upon direction of a contracting officer of a contracting
    agency with respect to a prime contract, the prime contractor shall
    withhold from any sums owed to a subcontractor under a subcontract
    of the prime contract the amount of any kickback which was or may
    be offset against that prime contractor under subsection (a) of
    this section.
      (2) Such contracting officer may order that sums withheld under
    paragraph (1) - 
        (A) be paid over to the contracting agency; or
        (B) if the United States has already offset the amount of such
      sums against that prime contractor, be retained by the prime
      contractor.

      (3) The prime contractor shall notify the contracting officer
    when an amount is withheld and retained under paragraph (2)(B).
    (c) Claim of Government
      An offset under subsection (a) of this section or a direction or
    order of a contracting officer under subsection (b) of this section
    is a claim by the Government for the purposes of the Contract
    Disputes Act of 1978 [41 U.S.C. 601 et seq.].
    (d) "Contracting officer" defined
      As used in this section, the term "contracting officer" has the
    meaning given that term for the purposes of the Contract Disputes
    Act of 1978 [41 U.S.C. 601 et seq.].

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 6, as added Pub. L. 99-634, Sec. 2(a),
    Nov. 7, 1986, 100 Stat. 3524.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Contract Disputes Act of 1978, referred to in subsecs. (c)
    and (d), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as
    amended, which is classified principally to chapter 9 (Sec. 601 et
    seq.) of this title. For complete classification of this Act to the
    Code see Short Title note set out under section 601 of this title
    and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective with respect to conduct described in section 53
    of this title which occurs on or after Nov. 7, 1986, see section
    3(a) of Pub. L. 99-634, set out as an Effective Date of 1986
    Amendment note under section 51 of this title.

-End-



-CITE-
    41 USC Sec. 57                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 57. Contractor responsibilities

-STATUTE-
    (a) Procedural requirements for prevention and detection of
      violations
      Each contracting agency shall include in each prime contract
    awarded by such agency a requirement that the prime contractor
    shall have in place and follow reasonable procedures designed to
    prevent and detect violations of section 53 of this title in its
    own operations and direct business relationships.
    (b) Cooperation in investigations requirement
      Each contracting agency shall include in each prime contract
    awarded by such agency a requirement that the prime contractor
    shall cooperate fully with any Federal Government agency
    investigating a violation of section 53 of this title.
    (c) Reporting requirement; supplying information as favorable
      evidence of responsibility
      (1)(A) Whenever a prime contractor or subcontractor has
    reasonable grounds to believe that a violation of section 53 of
    this title may have occurred, the prime contractor or subcontractor
    shall promptly report the possible violation in writing.
      (B) A contractor shall make the reports required by subparagraph
    (A) to the inspector general of the contracting agency, the head of
    the contracting agency if the agency does not have an inspector
    general, or the Department of Justice.
      (2) In the case of an administrative or contractual action to
    suspend or debar any person who is eligible to enter into contracts
    with the Federal Government, evidence that such person has supplied
    information to the United States pursuant to paragraph (1) shall be
    favorable evidence of such person's responsibility for the purposes
    of Federal procurement laws and regulations.
    (d) Partial inapplicability to small contracts
      Subsections (a) and (b) of this section do not apply to a prime
    contract that is not greater than $100,000 or to a prime contract
    for the acquisition of commercial items (as defined in section
    403(12) of this title).
    (e) Cooperation in investigations regardless of contract amount
      Notwithstanding subsection (d) of this section, a prime
    contractor shall cooperate fully with any Federal Government agency
    investigating a violation of section 53 of this title.

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 7, as added Pub. L. 99-634, Sec. 2(a),
    Nov. 7, 1986, 100 Stat. 3525; amended Pub. L. 103-355, title IV,
    Sec. 4104(a), title VIII, Sec. 8301(c)(1), Oct. 13, 1994, 108 Stat.
    3341, 3397; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(g),
    Feb. 10, 1996, 110 Stat. 675.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-106 made technical amendment to
    reference in original act which appears in text as reference to
    section 403(12) of this title and struck out second period at end.
      1994 - Subsec. (d). Pub. L. 103-355, Sec. 8301(c)(1), inserted
    before period at end "or to a prime contract for the acquisition of
    commercial items (as defined in section 403(12) of this title)."
      Pub. L. 103-355, Sec. 4104(a), added subsec. (d).
      Subsec. (e). Pub. L. 103-355, Sec. 4104(a), added subsec. (e).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      Subsecs. (a) and (b) effective with respect to contract
    solicitations issued by an agency, department, or other
    establishment of the Federal Government on or after the date which
    is 90 days after Nov. 7, 1986, and subsec. (c) effective with
    respect to conduct described in section 53 of this title which
    occurs on or after Nov. 7, 1986, see section 3 of Pub. L. 99-634,
    set out as an Effective Date of 1986 Amendment note under section
    51 of this title.

-End-



-CITE-
    41 USC Sec. 58                                              01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 58. Inspection authority

-STATUTE-
      For the purpose of ascertaining whether there has been a
    violation of section 53 of this title with respect to any prime
    contract, the Government Accountability Office and the inspector
    general of the contracting agency, or a representative of such
    contracting agency designated by the head of such agency if the
    agency does not have an inspector general, shall have access to and
    may inspect the facilities and audit the books and records,
    including any electronic data or records, of any prime contractor
    or subcontractor under a prime contract awarded by such agency.
    This section does not apply with respect to a prime contract for
    the acquisition of commercial items (as defined in section 403(12)
    of this title).

-SOURCE-
    (Mar. 8, 1946, ch. 80, Sec. 8, as added Pub. L. 99-634, Sec. 2(a),
    Nov. 7, 1986, 100 Stat. 3525; amended Pub. L. 103-355, title VIII,
    Sec. 8301(c)(2), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 108-271,
    Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office".
      1994 - Pub. L. 103-355 inserted at end "This section does not
    apply with respect to a prime contract for the acquisition of
    commercial items (as defined in section 403(12) of this title)."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of this title.

                              EFFECTIVE DATE                          
      Section effective with respect to conduct described in section 53
    of this title which occurs on or after Nov. 7, 1986, see section
    3(a) of Pub. L. 99-634, set out as an Effective Date of 1986
    Amendment note under section 51 of this title.

-End-