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(1) IN GENERAL.—The Attorney General may delegate the responsi-
bility under this section to other departments and agencies of the Gov-
ernment, subject to general supervision by the Attorney General and
in accordance with regulations the Attorney General prescribes.
(2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A department
or agency of the Government that has been delegated the responsibility
to approve land titles under this section may request the Attorney Gen-
eral to render an opinion as to the validity of the title to any real prop-
erty or interest in the property, or may request the advice or assistance
of the Attorney General in connection with determinations as to the
sufficiency of titles.
(c) PAYMENT OF EXPENSES FOR PROCURING CERTIFICATES OF TITLE.—
Except where otherwise authorized by law or provided by contract, the ex-
penses of procuring certificates of titles or other evidences of title as the
Attorney General may require may be paid out of the appropriations for the
acquisition of land or out of the appropriations made for the contingencies
of the acquiring department or agency of the Government.
(d) NONAPPLICATION.—This section does not affect any provision of law
in effect on September 1, 1970, that is applicable to the acquisition of land
or interests in land by the Tennessee Valley Authority.
§ 3112. Federal jurisdiction
(a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required that
the Federal Government obtain exclusive jurisdiction in the United States
over land or an interest in land it acquires.
(b) ACQUISITION AND ACCEPTANCE OF JURISDICTION.—When the head
of a department, agency, or independent establishment of the Government,
or other authorized officer of the department, agency, or independent estab-
lishment, considers it desirable, that individual may accept or secure, from
the State in which land or an interest in land that is under the immediate
jurisdiction, custody, or control of the individual is situated, consent to, or
cession of, any jurisdiction over the land or interest not previously obtained.
The individual shall indicate acceptance of jurisdiction on behalf of the Gov-
ernment by filing a notice of acceptance with the Governor of the State or
in another manner prescribed by the laws of the State where the land is
situated.
(c) PRESUMPTION.—It is conclusively presumed that jurisdiction has not
been accepted until the Government accepts jurisdiction over land as pro-
vided in this section.
§ 3113. Acquisition by condemnation
An officer of the Federal Government authorized to acquire real estate
for the erection of a public building or for other public uses may acquire
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the real estate for the Government by condemnation, under judicial process,
when the officer believes that it is necessary or advantageous to the Govern-
ment to do so. The Attorney General, on application of the officer, shall
have condemnation proceedings begun within 30 days from receipt of the
application at the Department of Justice.
§ 3114. Declaration of taking
(a) FILING AND CONTENT.—In any proceeding in any court of the United
States outside of the District of Columbia brought by and in the name of
the United States and under the authority of the Federal Government to
acquire land, or an easement or right of way in land, for the public use,
the petitioner may file, with the petition or at any time before judgment,
a declaration of taking signed by the authority empowered by law to acquire
the land described in the petition, declaring that the land is taken for the
use of the Government. The declaration of taking shall contain or have an-
nexed to it—
(1) a statement of the authority under which, and the public use for
which, the land is taken;
(2) a description of the land taken that is sufficient to identify the
land;
(3) a statement of the estate or interest in the land taken for public
use;
(4) a plan showing the land taken; and
(5) a statement of the amount of money estimated by the acquiring
authority to be just compensation for the land taken.
(b) VESTING OF TITLE.—On filing the declaration of taking and depos-
iting in the court, to the use of the persons entitled to the compensation,
the amount of the estimated compensation stated in the declaration—
(1) title to the estate or interest specified in the declaration vests
in the Government;
(2) the land is condemned and taken for the use of the Government;
and
(3) the right to just compensation for the land vests in the persons
entitled to the compensation.
(c) COMPENSATION.—
(1) DETERMINATION AND AWARD.—Compensation shall be deter-
mined and awarded in the proceeding and established by judgment.
The judgment shall include interest, in accordance with section 3116
of this title, on the amount finally awarded as the value of the property
as of the date of taking and shall be awarded from that date to the
date of payment. Interest shall not be allowed on as much of the com-
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pensation as has been paid into the court. Amounts paid into the court
shall not be charged with commissions or poundage.
(2) ORDER TO PAY.—On application of the parties in interest, the
court may order that any part of the money deposited in the court be
paid immediately for or on account of the compensation to be awarded
in the proceeding.
(3) DEFICIENCY JUDGMENT.—If the compensation finally awarded is
more than the amount of money received by any person entitled to
compensation, the court shall enter judgment against the Government
for the amount of the deficiency.
(d) AUTHORITY OF COURT.—On the filing of a declaration of taking, the
court—
(1) may fix the time within which, and the terms on which, the par-
ties in possession shall be required to surrender possession to the peti-
tioner; and
(2) may make just and equitable orders in respect of encumbrances,
liens, rents, taxes, assessments, insurance, and other charges.
(e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond or
undertaking given in a proceeding does not prevent or delay the vesting of
title to land in the Government.
§ 3115. Irrevocable commitment of Federal Government to
pay ultimate award when fixed
(a) REQUIREMENT FOR IRREVOCABLE COMMITMENT.—Action under sec-
tion 3114 of this title irrevocably committing the Federal Government to
the payment of the ultimate award shall not be taken unless the head of
the executive department or agency or bureau of the Government empow-
ered to acquire the land believes that the ultimate award probably will be
within any limits Congress prescribes on the price to be paid.
(b) AUTHORIZED PURPOSES OF EXPENDITURES AFTER IRREVOCABLE
COMMITMENT MADE.—When the Government has taken or may take title
to real property during a condemnation proceeding and in advance of final
judgment in the proceeding and has become irrevocably committed to pay
the amount ultimately to be awarded as compensation, and the Attorney
General believes that title to the property has been vested in the Govern-
ment or that all persons having an interest in the property have been made
parties to the proceeding and will be bound by the final judgment, the Gov-
ernment may expend amounts appropriated for that purpose to demolish ex-
isting structures on the property and to erect public buildings or public
works on the property.
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§ 3116. Interest as part of just compensation
(a) CALCULATION.—The district court shall calculate interest required to
be paid under this subchapter as follows:
(1) PERIOD OF NOT MORE THAN ONE YEAR.—Where the period for
which interest is owed is not more than one year, interest shall be cal-
culated from the date of taking at an annual rate equal to the weekly
average one-year constant maturity Treasury yield, as published by the
Board of Governors of the Federal Reserve System, for the calendar
week preceding the date of taking.
(2) PERIOD OF MORE THAN ONE YEAR.—Where the period for which
interest is owed is more than one year, interest for the first year shall
be calculated in accordance with paragraph (1) and interest for each
additional year shall be calculated on the amount by which the award
of compensation is more than the deposit referred to in section 3114
of this title, plus accrued interest, at an annual rate equal to the week-
ly average one-year constant maturity Treasury yield, as published by
the Board of Governors of the Federal Reserve System, for the cal-
endar week preceding the beginning of each additional year.
(b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the Adminis-
trative Office of the United States Courts shall distribute to all federal
courts notice of the rates described in paragraphs (1) and (2) of subsection
(a).
§ 3117. Exclusion of certain property by stipulation of Attor-
ney General
In any condemnation proceeding brought by or on behalf of the Federal
Government, the Attorney General may stipulate or agree on behalf of the
Government to exclude any part of the property, or any interest in the prop-
erty, taken by or on behalf of the Government by a declaration of taking
or otherwise.
§ 3118. Right of taking as addition to existing rights
The right to take possession and title in advance of final judgment in
condemnation proceedings as provided by section 3114 of this title is in ad-
dition to any right, power, or authority conferred by the laws of the United
States or of a State, territory, or possession of the United States under
which the proceeding may be conducted, and does not abrogate, limit, or
modify that right, power, or authority.
SUBCHAPTER III—BONDS
§ 3131. Bonds of contractors of public buildings or works
(a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means a
person awarded a contract described in subsection (b).
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(b) TYPE OF BONDS REQUIRED.—Before any contract of more than
$100,000 is awarded for the construction, alteration, or repair of any public
building or public work of the Federal Government, a person must furnish
to the Government the following bonds, which become binding when the con-
tract is awarded:
(1) PERFORMANCE BOND.—A performance bond with a surety satis-
factory to the officer awarding the contract, and in an amount the offi-
cer considers adequate, for the protection of the Government.
(2) PAYMENT BOND.—A payment bond with a surety satisfactory to
the officer for the protection of all persons supplying labor and mate-
rial in carrying out the work provided for in the contract for the use
of each person. The amount of the payment bond shall equal the total
amount payable by the terms of the contract unless the officer award-
ing the contract determines, in a writing supported by specific findings,
that a payment bond in that amount is impractical, in which case the
contracting officer shall set the amount of the payment bond. The
amount of the payment bond shall not be less than the amount of the
performance bond.
(c) COVERAGE FOR TAXES IN PERFORMANCE BOND.—
(1) IN GENERAL.—Every performance bond required under this sec-
tion specifically shall provide coverage for taxes the Government im-
poses which are collected, deducted, or withheld from wages the con-
tractor pays in carrying out the contract with respect to which the
bond is furnished.
(2) NOTICE.—The Government shall give the surety on the bond
written notice, with respect to any unpaid taxes attributable to any pe-
riod, within 90 days after the date when the contractor files a return
for the period, except that notice must be given no later than 180 days
from the date when a return for the period was required to be filed
under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(3) CIVIL ACTION.—The Government may not bring a civil action on
the bond for the taxes—
(A) unless notice is given as provided in this subsection; and
(B) more than one year after the day on which notice is given.
(d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN COUN-
TRIES.—A contracting officer may waive the requirement of a performance
bond and payment bond for work under a contract that is to be performed
in a foreign country if the officer finds that it is impracticable for the con-
tractor to furnish the bonds.
(e) AUTHORITY TO REQUIRE ADDITIONAL BONDS.—This section does not
limit the authority of a contracting officer to require a performance bond
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or other security in addition to those, or in cases other than the cases, spec-
ified in subsection (b).
§ 3132. Alternatives to payment bonds provided by Federal
Acquisition Regulation
(a) IN GENERAL.—The Federal Acquisition Regulation shall provide al-
ternatives to payment bonds as payment protections for suppliers of labor
and materials under contracts referred to in section 3131(a) of this title
that are more than $25,000 and not more than $100,000.
(b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting offi-
cer for a contract shall—
(1) select, from among the payment protections provided for in the
Federal Acquisition Regulation pursuant to subsection (a), one or more
payment protections which the offeror awarded the contract is to sub-
mit to the Federal Government for the protection of suppliers of labor
and materials for the contract; and
(2) specify in the solicitation of offers for the contract the payment
protections selected.
§ 3133. Rights of persons furnishing labor or material
(a) RIGHT OF PERSON FURNISHING LABOR OR MATERIAL TO COPY OF
BOND.—The department secretary or agency head of the contracting agency
shall furnish a certified copy of a payment bond and the contract for which
it was given to any person applying for a copy who submits an affidavit
that the person has supplied labor or material for work described in the con-
tract and payment for the work has not been made or that the person is
being sued on the bond. The copy is prima facie evidence of the contents,
execution, and delivery of the original. Applicants shall pay any fees the de-
partment secretary or agency head of the contracting agency fixes to cover
the cost of preparing the certified copy.
(b) RIGHT TO BRING A CIVIL ACTION.—
(1) IN GENERAL.—Every person that has furnished labor or material
in carrying out work provided for in a contract for which a payment
bond is furnished under section 3131 of this title and that has not been
paid in full within 90 days after the day on which the person did or
performed the last of the labor or furnished or supplied the material
for which the claim is made may bring a civil action on the payment
bond for the amount unpaid at the time the civil action is brought and
may prosecute the action to final execution and judgment for the
amount due.
(2) PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP WITH A
SUBCONTRACTOR.—A person having a direct contractual relationship
with a subcontractor but no contractual relationship, express or im-
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plied, with the contractor furnishing the payment bond may bring a
civil action on the payment bond on giving written notice to the con-
tractor within 90 days from the date on which the person did or per-
formed the last of the labor or furnished or supplied the last of the
material for which the claim is made. The action must state with sub-
stantial accuracy the amount claimed and the name of the party to
whom the material was furnished or supplied or for whom the labor
was done or performed. The notice shall be served—
(A) by any means that provides written, third-party verification
of delivery to the contractor at any place the contractor maintains
an office or conducts business or at the contractor’s residence; or
(B) in any manner in which the United States marshal of the
district in which the public improvement is situated by law may
serve summons.
(3) VENUE.—A civil action brought under this subsection must be
brought—
(A) in the name of the United States for the use of the person
bringing the action; and
(B) in the United States District Court for any district in which
the contract was to be performed and executed, regardless of the
amount in controversy.
(4) PERIOD
IN
WHICH
ACTION
MUST
BE
BROUGHT.—An action
brought under this subsection must be brought no later than one year
after the day on which the last of the labor was performed or material
was supplied by the person bringing the action.
(5) LIABILITY OF FEDERAL GOVERNMENT.—The Government is not
liable for the payment of any costs or expenses of any civil action
brought under this subsection.
(c) A waiver of the right to bring a civil action on a payment bond re-
quired under this subchapter is void unless the waiver is—
(1) in writing;
(2) signed by the person whose right is waived; and
(3) executed after the person whose right is waived has furnished
labor or material for use in the performance of the contract.
§ 3134. Waivers for certain contracts
(a) MILITARY.—The Secretary of the Army, the Secretary of the Navy,
the Secretary of the Air Force, or the Secretary of Transportation may
waive this subchapter with respect to cost-plus-a-fixed fee and other cost-
type contracts for the construction, alteration, or repair of any public build-
ing or public work of the Federal Government and with respect to contracts
for manufacturing, producing, furnishing, constructing, altering, repairing,
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processing, or assembling vessels, aircraft, munitions, materiel, or supplies
for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of
the terms of the contracts as to payment or title.
(b) TRANSPORTATION.—The Secretary of Transportation may waive this
subchapter with respect to contracts for the construction, alteration, or re-
pair of vessels when the contract is made under sections 1535 and 1536
of title 31, the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),
or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),
regardless of the terms of the contracts as to payment or title.
SUBCHAPTER IV—WAGE RATE REQUIREMENTS
§ 3141. Definitions
In this subchapter, the following definitions apply:
(1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ has
the same meaning that the term ‘‘United States’’ had in the Act of
March 3, 1931 (ch. 411, 46 Stat. 1494 (known as the Davis-Bacon
Act).
(2) WAGES, SCALE OF WAGES, WAGE RATES, MINIMUM WAGES, AND
PREVAILING WAGES.—The terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage
rates’’, ‘‘minimum wages’’, and ‘‘prevailing wages’’ include—
(A) the basic hourly rate of pay; and
(B) for medical or hospital care, pensions on retirement or
death, compensation for injuries or illness resulting from occupa-
tional activity, or insurance to provide any of the forgoing, for un-
employment benefits, life insurance, disability and sickness insur-
ance, or accident insurance, for vacation and holiday pay, for de-
fraying the costs of apprenticeship or other similar programs, or
for other bona fide fringe benefits, but only where the contractor
or subcontractor is not required by other federal, state, or local
law to provide any of those benefits, the amount of—
(i) the rate of contribution irrevocably made by a con-
tractor or subcontractor to a trustee or to a third person
under a fund, plan, or program; and
(ii) the rate of costs to the contractor or subcontractor that
may be reasonably anticipated in providing benefits to labor-
ers and mechanics pursuant to an enforceable commitment to
carry out a financially responsible plan or program which was
communicated in writing to the laborers and mechanics af-
fected.
§ 3142. Rate of wages for laborers and mechanics
(a) APPLICATION.—The advertised specifications for every contract in ex-
cess of $2,000, to which the Federal Government or the District of Colum-
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bia is a party, for construction, alteration, or repair, including painting and
decorating, of public buildings and public works of the Government or the
District of Columbia that are located in a State or the District of Columbia
and which requires or involves the employment of mechanics or laborers
shall contain a provision stating the minimum wages to be paid various
classes of laborers and mechanics.
(b) BASED ON PREVAILING WAGE.—The minimum wages shall be based
on the wages the Secretary of Labor determines to be prevailing for the cor-
responding classes of laborers and mechanics employed on projects of a
character similar to the contract work in the civil subdivision of the State
in which the work is to be performed, or in the District of Columbia if the
work is to be performed there.
(c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based upon
the specifications referred to in subsection (a) must contain stipulations
that—
(1) the contractor or subcontractor shall pay all mechanics and la-
borers employed directly on the site of the work, unconditionally and
at least once a week, and without subsequent deduction or rebate on
any account, the full amounts accrued at time of payment, computed
at wage rates not less than those stated in the advertised specifications,
regardless of any contractual relationship which may be alleged to exist
between the contractor or subcontractor and the laborers and mechan-
ics;
(2) the contractor will post the scale of wages to be paid in a promi-
nent and easily accessible place at the site of the work; and
(3) there may be withheld from the contractor so much of accrued
payments as the contracting officer considers necessary to pay to labor-
ers and mechanics employed by the contractor or any subcontractor on
the work the difference between the rates of wages required by the con-
tract to be paid laborers and mechanics on the work and the rates of
wages received by the laborers and mechanics and not refunded to the
contractor or subcontractors or their agents.
(d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or sub-
contractor to make payment in accordance with the prevailing wage deter-
minations of the Secretary of Labor, under this subchapter and other laws
incorporating this subchapter by reference, may be discharged by making
payments in cash, by making contributions described in section
3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear
the costs of a plan or program referred to in section 3141(2)(B)(ii) of this
title, or by any combination of payment, contribution, and assumption,
where the aggregate of the payments, contributions, and costs is not less