121
space is not available at a price commensurate with that to be afforded
through the proposed action;
(5) a statement by the Administrator of the economic and other jus-
tifications for not acquiring a building identified to the Administrator
under section 3303(c) of this title as suitable for the public building
needs of the Government; and
(6) a statement of rents and other housing costs currently being paid
by the Government for federal agencies to be housed in the building to
be constructed, altered, or acquired, or the space to be leased.
(c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum
cost of any project approved under this section as set forth in any prospectus
may be increased by an amount equal to any percentage increase, as deter-
mined by the Administrator, in construction or alteration costs from the date
the prospectus is transmitted to Congress. The increase authorized by this sub-
section may not exceed 10 percent of the estimated maximum cost.
(d) RESCISSION OF APPROVAL.— If an appropriation is not made within
one year after the date a project for construction, alteration, or acquisition
is approved under subsection (a), the Committee on Environment and Public
Works of the Senate or the Committee on Transportation and Infrastructure
of the House of Representatives by resolution may rescind its approval before
an appropriation is made.
(e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does not
prevent the Administrator from entering into emergency leases during any pe-
riod declared by the President to require emergency leasing authority. An
emergency lease may not be for more than 180 days without approval of a
prospectus for the lease in accordance with subsection (a).
(f) LIMITATION ON LEASING CERTAIN SPACE.—
(1) IN GENERAL.—The Administrator may not lease space to accom-
modate any of the following if the average rental cost of leasing the space
will exceed $1,500,000:
(A) Computer and telecommunications operations.
(B) Secure or sensitive activities related to the national defense
or security, except when it would be inappropriate to locate those
activities in a public building or other facility identified with the
Government.
(C) A permanent courtroom, judicial chamber, or administrative
office for any United States court.
(2) EXCEPTION.—The Administrator may lease space with respect to
which paragraph (1) applies if the Administrator—
122
(A) decides, for reasons set forth in writing, that leasing the space
is necessary to meet requirements which cannot be met in public
buildings; and
(B) submits the reasons to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may ad-
just any dollar amount referred to in this section to reflect a percentage in-
crease or decrease in construction costs during the prior calendar year, as de-
termined by the composite index of construction costs of the Department of
Commerce. Any adjustment shall be expeditiously reported to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
§ 3308. Architectural or engineering services
(a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of Gen-
eral Services decides it to be necessary, the Administrator may employ, by
contract or otherwise, without regard to chapters 33 and 51 and subchapter
III of chapter 53 of title 5, civil service rules and regulations, or section 3709
of the Revised Statutes (41 U.S.C. 5), the services of established architectural
or engineering corporations, firms, or individuals, to the extent the Adminis-
trator may require those services for any public building authorized to be con-
structed or altered under this chapter.
(b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corporation,
firm, or individual shall not be employed under authority of subsection (a)
on a permanent basis.
(c) RESPONSIBILITY OF ADMINISTRATOR.—Notwithstanding any other pro-
vision of this section, the Administrator is responsible for all construction au-
thorized by this chapter, including the interpretation of construction con-
tracts, approval of material and workmanship supplied under a construction
contract, approval of changes in the construction contract, certification of
vouchers for payments due the contractor, and final settlement of the contract.
§ 3309. Buildings and sites in the District of Columbia
(a) IN GENERAL.—The purposes of this chapter shall be carried out in the
District of Columbia as nearly as may be practicable in harmony with the
plan of Peter Charles L’Enfant. Public buildings shall be constructed or al-
tered to combine architectural beauty with practical utility.
(b) CLOSING OF STREETS AND ALLEYS.—When the Administrator of Gen-
eral Services decides that constructing or altering a public building under this
chapter in the District of Columbia requires using contiguous squares as a
site for the building, parts of streets that lie between the squares, and alleys
that intersect the squares, may be closed and vacated if agreed to by the Ad-
123
ministrator, the Council of the District of Columbia, and the National Cap-
ital Planning Commission. Those streets and alleys become part of the site.
(c) CONSULTATIONS PRIOR TO ACQUISITIONS.—
(1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Administrator
must consult with the House Office Building Commission created by the
Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before the Administrator
may acquire land located south of Independence Avenue, between Third
Street SW and Eleventh Street SE, in the District of Columbia, for use
as a site or an addition to a site.
(2) WITH ARCHITECT OF CAPITOL.—The Administrator must consult
with the Architect of the Capitol before the Administrator may acquire
land located in the area extending from the United States Capitol
Grounds to Eleventh Street NE and SE and bounded by Independence
Avenue on the south and G Street NE on the north, in the District of
Columbia, for use as a site or an addition to a site.
(d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the District
of Columbia Stadium Act of 1957 (Public Law 85–300, 71 Stat. 619) or any
other provision of law, the Armory Board may make contracts to conduct
events in Robert F. Kennedy Stadium.
§ 3310. Special rules for leased buildings
For any building to be constructed for lease to, and for predominant use
by, the Federal Government, the Administrator of General Services—
(1) notwithstanding section 585(a)(1) of this title, shall not make any
agreement or undertake any commitment which will result in the con-
struction of the building until the Administrator has established detailed
specification requirements for the building;
(2) may acquire a leasehold interest in the building only by the use
of competitive procedures required by section 303 of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253);
(3) shall inspect every building during construction to establish that
the specifications established for the building are complied with;
(4) on completion of the building, shall evaluate the building to deter-
mine the extent of failure to comply with the specifications referred to
in clause (1); and
(5) shall ensure that any contract entered into for the building shall
contain provisions permitting a reduction of rent during any period
when the building is not in compliance with the specifications.
§ 3311. State administration of criminal and health and
safety laws
When the Administrator of General Services considers it desirable, the Ad-
ministrator may assign to a State or a territory or possession of the United
124
States any part of the authority of the Federal Government to administer
criminal laws and health and safety laws with respect to land or an interest
in land under the control of the Administrator and located in the State, terri-
tory, or possession. Assignment of authority under this section may be accom-
plished by filing with the chief executive officer of the State, territory, or pos-
session a notice of assignment to take effect on acceptance, or in another man-
ner as may be prescribed by the laws of the State, territory, or possession in
which the land or interest is located.
§ 3312. Compliance with nationally recognized codes
(a) APPLICATION.—
(1) IN GENERAL.—This section applies to any project for construction
or alteration of a building for which amounts are first appropriated for
a fiscal year beginning after September 30, 1989.
(2) NATIONAL SECURITY WAIVER.—This section does not apply to a
building for which the Administrator of General Services or the head of
the federal agency authorized to construct or alter the building decides
that the application of this section to the building would adversely affect
national security. A decision under this subsection is not subject to ad-
ministrative or judicial review.
(b) BUILDING CODES.—Each building constructed or altered by the General
Services Administration or any other federal agency shall be constructed or
altered, to the maximum extent feasible as determined by the Administrator
or the head of the federal agency, in compliance with one of the nationally
recognized model building codes and with other applicable nationally recog-
nized codes, including electrical codes, fire and life safety codes, and plumbing
codes, as the Administrator decides is appropriate. In carrying out this sub-
section, the Administrator or the head of the federal agency shall use the latest
edition of the nationally recognized codes.
(c) ZONING LAWS.—Each building constructed or altered by the Adminis-
tration or any other federal agency shall be constructed or altered only after
consideration of all requirements (except procedural requirements) of the fol-
lowing laws of a State or a political subdivision of a State, which would
apply to the building if it were not a building constructed or altered by a
federal agency:
(1) Zoning laws.
(2) Laws relating to landscaping, open space, minimum distance of
a building from the property line, maximum height of a building, his-
toric preservation, esthetic qualities of a building, and other similar
laws.
(d) COOPERATION WITH STATE AND LOCAL OFFICIALS.—
125
(1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND IN-
SPECTIONS.—To meet the requirements of subsections (b) and (c), the Ad-
ministrator or the head of the federal agency authorized to construct or
alter the building—
(A) in preparing plans for the building, shall consult with appro-
priate officials of the State or political subdivision of a State, or
both, in which the building will be located;
(B) on request shall submit the plans in a timely manner to the
officials for review by the officials for a reasonable period of time
not exceeding 30 days; and
(C) shall permit inspection by the officials during construction or
alteration of the building, in accordance with the customary sched-
ule of inspections for construction or alteration of buildings in the
locality, if the officials provide to the Administrator or the head of
the federal agency—
(i) a copy of the schedule before construction of the building
is begun; and
(ii) reasonable notice of their intention to conduct any in-
spection before conducting the inspection.
(2) LIMITATION ON RESPONSIBILITIES.—This section does not impose
an obligation on any State or political subdivision to take any action
under paragraph (1).
(e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate of-
ficials of a State or political subdivision of a State may make recommenda-
tions to the Administrator or the head of the federal agency authorized to con-
struct or alter a building concerning measures necessary to meet the require-
ments of subsections (b) and (c). The officials also may make recommenda-
tions to the Administrator or the head of the federal agency concerning meas-
ures which should be taken in the construction or alteration of the building
to take into account local conditions. The Administrator or the head of the
agency shall give due consideration to the recommendations.
(f) EFFECT OF NONCOMPLIANCE.—An action may not be brought against
the Federal Government and a fine or penalty may not be imposed against
the Government for failure to meet the requirements of subsection (b), (c), or
(d) or for failure to carry out any recommendation under subsection (e).
(g) LIMITATION ON LIABILITY.—The Government and its contractors shall
not be required to pay any amount for any action a State or a political sub-
division of a State takes to carry out this section, including reviewing plans,
carrying out on-site inspections, issuing building permits, and making rec-
ommendations.
126
§ 3313. Delegation
(a) WHEN ALLOWED.—Except for the authority contained in section
3305(b) of this title, the carrying out of the duties and powers of the Adminis-
trator of General Services under this chapter, in accordance with standards
the Administrator prescribes—
(1) shall be delegated on request to the appropriate executive agency
when the estimated cost of the project does not exceed $100,000; and
(2) may be delegated to the appropriate executive agency when the Ad-
ministrator determines that delegation will promote efficiency and econ-
omy.
(b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delegation
under subsection (a) does not exempt the person to whom the delegation is
made, or the carrying out of the delegated duty or power, from any other pro-
vision of this chapter.
§ 3314. Report to Congress
(a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—
Within a reasonable time after a request of either House of Congress or any
committee of Congress, the Administrator of General Services shall submit a
report showing the location, space, cost, and status of each public building
the construction, alteration, or acquisition of which—
(1) is to be under authority of this chapter; and
(2) was uncompleted as of the date of the request, or as of another date
the request may designate.
(b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR
COMMITTEE
ON TRANSPORTATION
AND INFRASTRUCTURE.—The Adminis-
trator and the United States Postal Service shall make building project sur-
veys requested by resolution by the Committee on Environment and Public
Works of the Senate or the Committee on Transportation and Infrastructure
of the House of Representatives, and within a reasonable time shall make a
report on the survey to Congress. The report shall contain all other informa-
tion required to be included in a prospectus of the proposed public building
project under section 3307(b) of this title.
§ 3315. Certain authority not affected
This chapter does not limit or repeal the authority conferred by law on the
United States Postal Service.
CHAPTER 35—NON-FEDERAL PUBLIC WORKS
Sec.
3501.
Definitions.
3502.
Planned public works.
3503.
Revolving fund.
3504.
Surveys of public works planning.
3505.
Forgiveness of outstanding advances.
127
§ 3501. Definitions
In this chapter, the following definitions apply:
(1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State or a
public agency or political subdivision of a State.
(2) PUBLIC WORKS.—The term ‘‘public works’’ includes any public
works other than housing.
(3) STATE.—The term ‘‘State’’ means a State of the United States, the
District of Columbia, Puerto Rico, Guam, the Virgin Islands, the North-
ern Mariana Islands, the Federated States of Micronesia, the Marshall
Islands, Palau, and any territory or possession of the United States.
§ 3502. Planned public works
(a) ADVANCES TO ENSURE PLANNING.—Notwithstanding section 3324(a)
and (b) of title 31, the Secretary of Housing and Urban Development may
make advances to public agencies and Indian tribes—
(1) to encourage public agencies and Indian tribes to maintain at all
times a current and adequate reserve of planned public works the con-
struction of which can rapidly be commenced, particularly when the na-
tional or local economic situation makes that action desirable; and
(2) to help attain maximum economy and efficiency in the planning
and construction of public works.
(b) USES OF ADVANCES.—A public agency or Indian tribe shall use an ad-
vance under subsection (a) to aid in financing the cost of feasibility studies,
engineering and architectural surveys, designs, plans, working drawings, spec-
ifications, or other action preliminary to and in preparation for the construc-
tion of public works, and for construction in connection with the development
of a medical center, a general plan for the development of the center.
(c) NO FUTURE COMMITMENT.—An advance under subsection (a) does not
commit the Congress to appropriate amounts to assist in financing the con-
struction of any public works planned with the aid of that advance. Out-
standing advances to public agencies and Indian tribes in a State shall not
exceed 12.5 percent of the aggregate then authorized to be appropriated to the
revolving fund established under section 3503 of this title.
(d) REQUIREMENTS FOR ADVANCES.—An advance shall not be made under
subsection (a) for an individual project (including a regional, metropolitan,
or other areawide project) unless—
(1) the project is planned to be constructed within or over a reasonable
period of time considering the nature of the project;
(2) the project conforms to an overall state, local, or regional plan ap-
proved by a competent state, local, or regional authority; and
128
(3) the public agency or Indian tribe formally contracts with the Fed-
eral Government to complete the plan preparation promptly and to
repay part or all of the advance when due.
(e) REGULATIONS.—The Secretary may prescribe regulations to carry out
this chapter.
§ 3503. Revolving fund
(a) ESTABLISHMENT.—There is a revolving fund established by the Sec-
retary of Housing and Urban Development to provide amounts for advances
under this chapter. The fund comprises amounts appropriated under this
chapter and all repayments and other receipts received in connection with ad-
vances made under this chapter.
(b) AUTHORIZATIONS.—Not more than $70,000,000 may be appropriated
to the revolving fund as necessary to carry out the purposes of this chapter.
§ 3504. Surveys of public works planning
The Secretary of Housing and Urban Development may use during a fiscal
year not more than $100,000 of the amount in the revolving fund established
under section 3503 of this title to conduct surveys of the status and current
volume of state and local public works planning and surveys of estimated re-
quirements for state and local public works. In conducting a survey, the Sec-
retary, may use or act through any department or agency of the Federal Gov-
ernment, with the consent of the department or agency.
§ 3505. Forgiveness of outstanding advances
In accordance with accounting and other procedures the Secretary of Hous-
ing and Urban Development prescribes, each advance made by the Secretary
under this chapter that had any principal amount outstanding on February
5, 1988, was forgiven. The terms and conditions of any contract, or any
amendment to a contract, for that advance with respect to any promise to
repay the advance were canceled.
CHAPTER 37—CONTRACT WORK HOURS AND SAFETY
STANDARDS
Sec.
3701.
Definition and application.
3702.
Work hours.
3703.
Report of violations and withholding of amounts for unpaid wages and liquidated dam-
ages.
3704.
Health and safety standards in building trades and construction industry.
3705.
Safety programs.
3706.
Limitations, variations, tolerances, and exemptions.
3707.
Contractor certification or contract clause in acquisition of commercial items not re-
quired.
3708.
Criminal penalties.
§ 3701. Definition and application
(a) DEFINITION.—In this chapter, the term ‘‘Federal Government’’ has the
same meaning that the term ‘‘United States’’ had in the Contract Work Hours
and Safety Standards Act (Public Law 87–581, 76 Stat. 357).
129
(b) APPLICATION.—
(1) CONTRACTS.—This chapter applies to—
(A) any contract that may require or involve the employment of
laborers or mechanics on a public work of the Federal Government,
a territory of the United States, or the District of Columbia; and
(B) any other contract that may require or involve the employ-
ment of laborers or mechanics if the contract is one—
(i) to which the Government, an agency or instrumentality
of the Government, a territory, or the District of Columbia is
a party;
(ii) which is made for or on behalf of the Government, an
agency or instrumentality, a territory, or the District of Co-
lumbia; or
(iii) which is a contract for work financed at least in part
by loans or grants from, or loans insured or guaranteed by, the
Government or an agency or instrumentality under any federal
law providing wage standards for the work.
(2) LABORERS AND MECHANICS.—This chapter applies to all laborers
and mechanics employed by a contractor or subcontractor in the per-
formance of any part of the work under the contract—
(A) including watchmen, guards, and workers performing services
in connection with dredging or rock excavation in any river or har-
bor of the United States, a territory, or the District of Columbia;
but
(B) not including an employee employed as a seaman.
(3) EXCEPTIONS.—
(A) THIS CHAPTER.—This chapter does not apply to—
(i) a contract for—
(I) transportation by land, air, or water;
(II) the transmission of intelligence; or
(III) the purchase of supplies or materials or articles
ordinarily available in the open market;
(ii) any work required to be done in accordance with the
provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.); and
(iii) a contract in an amount that is not greater than
$100,000.
(B) SECTION 3902.—Section 3902 of this title does not apply to
work where the assistance described in subsection (a)(2)(C) from the
Government or an agency or instrumentality is only a loan guar-
antee or insurance.
130
§ 3702. Work hours
(a) STANDARD WORKWEEK.—The wages of every laborer and mechanic em-
ployed by any contractor or subcontractor in the performance of work on a
contract described in section 3701 of this title shall be computed on the basis
of a standard workweek of 40 hours. Work in excess of the standard workweek
is permitted subject to this section. For each workweek in which the laborer
or mechanic is so employed, wages include compensation, at a rate not less
than one and one-half times the basic rate of pay, for all hours worked in
excess of 40 hours in the workweek.
(b) CONTRACT REQUIREMENTS.—A contract described in section 3701 of
this title, and any obligation of the Federal Government, a territory of the
United States, or the District of Columbia in connection with that contract,
must provide that—
(1) a contractor or subcontractor contracting for any part of the con-
tract work which may require or involve the employment of laborers or
mechanics shall not require or permit any laborer or mechanic, in any
workweek in which the laborer or mechanic is employed on that work,
to work more than 40 hours in that workweek, except as provided in this
chapter; and
(2) when a violation of clause (1) occurs, the contractor and any sub-
contractor responsible for the violation are liable—
(A) to the affected employee for the employee’s unpaid wages; and
(B) to the Government, the District of Columbia, or a territory
for liquidated damages as provided in the contract.
(c) 
LIQUIDATED
DAMAGES.—Liquidated 
damages 
under 
subsection
(b)(2)(B) shall be computed for each individual employed as a laborer or me-
chanic in violation of this chapter and shall be equal to $10 for each calendar
day on which the individual was required or permitted to work in excess of
the standard workweek without payment of the overtime wages required by
this chapter.
(d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.—Subject to section
3703 of this title, the governmental agency for which the contract work is done
or which is providing financial assistance for the work may withhold, or have
withheld, from money payable because of work performed by a contractor or
subcontractor, amounts administratively determined to be necessary to satisfy
the liabilities of the contractor or subcontractor for unpaid wages and liq-
uidated damages as provided in this section.
§ 3703. Report of violations and withholding of amounts for
unpaid wages and liquidated damages
(a) REPORTS OF INSPECTORS.—An officer or individual designated as an
inspector of the work to be performed under a contract described in section
131
3701 of this title, or to aid in the enforcement or fulfillment of the contract,
on observation or after investigation immediately shall report to the proper
officer of the Federal Government, a territory of the United States, or the Dis-
trict of Columbia all violations of this chapter occurring in the performance
of the work, together with the name of each laborer or mechanic who was re-
quired or permitted to work in violation of this chapter and the day the viola-
tion occurred.
(b) WITHHOLDING AMOUNTS.—
(1) DETERMINING AMOUNT.—The amount of unpaid wages and liq-
uidated damages owing under this chapter shall be determined adminis-
tratively.
(2) AMOUNT DIRECTED TO BE WITHHELD.—The officer or individual
whose duty it is to approve the payment of money by the Government,
territory, or District of Columbia in connection with the performance of
the contract work shall direct the amount of—
(A) liquidated damages to be withheld for the use and benefit of
the Government, territory, or District; and
(B) unpaid wages to be withheld for the use and benefit of the
laborers and mechanics who were not compensated as required
under this chapter.
(3) PAYMENT.—The Comptroller General shall pay the amount admin-
istratively determined to be due directly to the laborers and mechanics
from amounts withheld on account of underpayments of wages if the
amount withheld is adequate. If the amount withheld is not adequate,
the Comptroller General shall pay an equitable proportion of the amount
due.
(c) RIGHT OF ACTION AND INTERVENTION AGAINST CONTRACTORS AND
SURETIES.—If the accrued payments withheld under the terms of the contract
are insufficient to reimburse all the laborers and mechanics who have not been
paid the wages required under this chapter, the laborers and mechanics, in
the case of a department or agency of the Government, have the same right
of action and intervention against the contractor and the contractor’s sureties
as is conferred by law on persons furnishing labor or materials. In those pro-
ceedings it is not a defense that the laborers and mechanics accepted or agreed
to accept less than the required rate of wages or voluntarily made refunds.
(d) REVIEW PROCESS.—
(1) TIME LIMIT FOR APPEAL.—Within 60 days after an amount is
withheld as liquidated damages, any contractor or subcontractor ag-
grieved by the withholding may appeal to the head of the agency of the
Government or territory for which the contract work is done or which
is providing financial assistance for the work, or to the Mayor of the
132
District of Columbia in the case of liquidated damages withheld for the
use and benefit of the District.
(2) REVIEW BY AGENCY HEAD OR MAYOR.—The agency head or Mayor
may review the administrative determination of liquidated damages. The
agency head or Mayor may issue a final order affirming the determina-
tion or may recommend to the Secretary of Labor that an appropriate
adjustment in liquidated damages be made, or that the contractor or sub-
contractor be relieved of liability for the liquidated damages, if it is
found that the amount is incorrect or that the contractor or subcon-
tractor violated this chapter inadvertently, notwithstanding the exercise
of due care by the contractor or subcontractor and the agents of the con-
tractor or subcontractor.
(3) REVIEW BY SECRETARY.—The Secretary shall review all pertinent
facts in the matter and may conduct any investigation the Secretary
considers necessary in order to affirm or reject the recommendation. The
decision of the Secretary is final.
(4) JUDICIAL ACTION.—A contractor or subcontractor aggrieved by a
final order for the withholding of liquidated damages may file a claim
in the United States Court of Federal Claims within 60 days after the
final order. A final order of the agency head, Mayor, or Secretary is con-
clusive with respect to findings of fact if supported by substantial evi-
dence.
(e) APPLICABILITY OF OTHER LAWS.—
(1) REORGANIZATION PLAN.—Reorganization Plan Numbered 14 of
1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.
(2) SECTION 3145.—Section 3145 of this title applies to contractors
and subcontractors referred to in section 3145 who are engaged in the
performance of contracts subject to this chapter.
§ 3704. Health and safety standards in building trades and
construction industry
(a) CONDITION OF CONTRACTS.—
(1) IN GENERAL.—Each contract in an amount greater than $100,000
that is entered into under legislation subject to Reorganization Plan
Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for con-
struction, alteration, and repair, including painting and decorating,
must provide that no contractor or subcontractor contracting for any
part of the contract work shall require any laborer or mechanic employed
in the performance of the contract to work in surroundings or under
working conditions that are unsanitary, hazardous, or dangerous to
health or safety, as established under construction safety and health
standards the Secretary of Labor prescribes by regulation based on pro-
133
ceedings pursuant to section 553 of title 5, provided that the proceedings
include a hearing similar in nature to that authorized by section 553.
(2) CONSULTATION.—In formulating standards under this section, the
Secretary shall consult with the Advisory Committee created by sub-
section (d) of this section.
(b) COMPLIANCE.—
(1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make inspec-
tions, hold hearings, issue orders, and make decisions based on findings
of fact as the Secretary considers necessary to gain compliance with this
section and any health and safety standard the Secretary prescribes
under subsection (a). For those purposes the Secretary and the United
States district courts have the authority and jurisdiction provided by sec-
tions 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).
(2) REMEDY WHEN NONCOMPLIANCE FOUND.—When the Secretary,
after an opportunity for an adjudicatory hearing by the Secretary, estab-
lishes noncompliance under this section of any condition of a contract
described in—
(A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental
agency for which the contract work is done may cancel the contract
and make other contracts for the completion of the contract work,
charging any additional cost to the original contractor; or
(B) section 3701(b)(1)(B)(iii) of this title, the governmental agen-
cy which is providing the financial guarantee, assistance, or insur-
ance for the contract work may withhold the guarantee, assistance,
or insurance attributable to the performance of the contract.
(3) NONAPPLICABILITY.—Section 3703 of this title does not apply to
the enforcement of this section.
(c) REPEATED VIOLATIONS.—
(1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMPTROLLER
GENERAL.—When the Secretary, after an opportunity for an agency
hearing, decides on the record that, by repeated willful or grossly neg-
ligent violations of this chapter, a contractor or subcontractor has dem-
onstrated that subsection (b) is not effective to protect the safety and
health of the employees of the contractor or subcontractor, the Secretary
shall make a finding to that effect and, not sooner than 30 days after
giving notice of the finding to all interested persons, shall transmit the
name of the contractor or subcontractor to the Comptroller General.
(2) BAN ON AWARDING CONTRACTS.—The Comptroller General shall
distribute each name transmitted under paragraph (1) to all agencies of
the Federal Government. Unless the Secretary otherwise recommends, the
contractor, subcontractor, or any person in which the contractor or sub-
134
contractor has a substantial interest may not be awarded a contract sub-
ject to this section until three years have elapsed from the date the name
is transmitted to the Comptroller General. The Secretary shall terminate
the ban if, before the end of the three-year period, the Secretary, after
affording interested persons due notice and an opportunity for a hearing,
is satisfied that a contractor or subcontractor whose name was trans-
mitted to the Comptroller General will comply responsibly with the re-
quirements of this section. The Comptroller General shall inform all Gov-
ernment agencies after being informed of the Secretary’s action.
(3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s action
under this subsection or subsection (b) may file with the appropriate
United States court of appeals a petition for review of the Secretary’s
action within 60 days after receiving notice of the Secretary’s action.
The clerk of the court immediately shall send a copy of the petition to
the Secretary. The Secretary then shall file with the court the record on
which the action is based. The findings of fact by the Secretary, if sup-
ported by substantial evidence, are final. The court may enter a decree
enforcing, modifying, modifying and enforcing, or setting aside any part
of, the order of the Secretary or the appropriate Government agency. The
judgment of the court may be reviewed by the Supreme Court as pro-
vided in section 1254 of title 28.
(d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.—
(1) ESTABLISHMENT.—There is an Advisory Committee on Construc-
tion Safety and Health in the Department of Labor.
(2) COMPOSITION.—The Committee is composed of nine members ap-
pointed by the Secretary, without regard to chapter 33 of title 5, as fol-
lows:
(A) Three members shall be individuals representative of contrac-
tors to whom this section applies.
(B) Three members shall be individuals representative of employ-
ees primarily in the building trades and construction industry en-
gaged in carrying out contracts to which this section applies.
(C) Three members shall be public representatives who shall be se-
lected on the basis of their professional and technical competence
and experience in the construction health and safety field.
(3) CHAIRMAN.—The Secretary shall appoint one member as Chair-
man.
(4) DUTIES.—The Committee shall advise the Secretary—
(A) in formulating construction safety and health standards and
other regulations; and
(B) on policy matters arising in carrying out this section.