101
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
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
102
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-
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.
103
(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.
§ 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
104
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).
(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-
105
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
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-
106
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-
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
107
(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,
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.
108
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-
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
109
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
than the basic hourly rate of pay plus the amount referred to in section
3141(2)(B).
(e) OVERTIME PAY.—In determining the overtime pay to which a laborer
or mechanic is entitled under any federal law, the regular or basic hourly
rate of pay (or other alternative rate on which premium rate of overtime
compensation is computed) of the laborer or mechanic is deemed to be the
rate computed under section 3141(2)(A) of this title, except that where the
amount of payments, contributions, or costs incurred with respect to the la-
borer or mechanic exceeds the applicable prevailing wage, the regular or
110
basic hourly rate of pay (or other alternative rate) is the amount of pay-
ments, contributions, or costs actually incurred with respect to the laborer
or mechanic minus the greater of the amount of contributions or costs of
the types described in section 3141(2)(B) of this title actually incurred with
respect to the laborer or mechanic or the amount determined under section
3141(2)(B) but not actually paid.
§ 3143. Termination of work on failure to pay agreed wages
Every contract within the scope of this subchapter shall contain a provi-
sion that if the contracting officer finds that any laborer or mechanic em-
ployed by the contractor or any subcontractor directly on the site of the
work covered by the contract has been or is being paid a rate of wages less
than the rate of wages required by the contract to be paid, the Federal Gov-
ernment by written notice to the contractor may terminate the contractor’s
right to proceed with the work or the part of the work as to which there
has been a failure to pay the required wages. The Government may have
the work completed, by contract or otherwise, and the contractor and the
contractor’s sureties shall be liable to the Government for any excess costs
the Government incurs.
§ 3144. Authority of Comptroller General to pay wages and
list contractors violating contracts
(a) PAYMENT OF WAGES.—
(1) IN GENERAL.—The Comptroller General shall pay directly to la-
borers and mechanics from any accrued payments withheld under the
terms of a contract any wages found to be due laborers and mechanics
under this subchapter.
(2) RIGHT OF ACTION.—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 sub-
chapter, the laborers and mechanics have the same right to bring a civil
action and intervene against the contractor and the contractor’s sure-
ties as is conferred by law on persons furnishing labor or materials.
In those proceedings it is not a defense that the laborers and mechan-
ics accepted or agreed to accept less than the required rate of wages
or voluntarily made refunds.
(b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—
(1) IN GENERAL.—The Comptroller General shall distribute to all
departments of the Federal Government a list of the names of persons
whom the Comptroller General has found to have disregarded their ob-
ligations to employees and subcontractors.
(2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall be
awarded to persons appearing on the list or to any firm, corporation,
111
partnership, or association in which the persons have an interest until
three years have elapsed from the date of publication of the list.
§ 3145. Regulations governing contractors and subcontrac-
tors
(a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable reg-
ulations for contractors and subcontractors engaged in constructing, car-
rying out, completing, or repairing public buildings, public works, or build-
ings or works that at least partly are financed by a loan or grant from the
Federal Government. The regulations shall include a provision that each
contractor and subcontractor each week must furnish a statement on the
wages paid each employee during the prior week.
(b) APPLICATION.—Section 1001 of title 18 applies to the statements.
§ 3146. Effect on other federal laws
This subchapter does not supersede or impair any authority otherwise
granted by federal law to provide for the establishment of specific wage
rates.
§ 3147. Suspension of this subchapter during a national
emergency
The President may suspend the provisions of this subchapter during a na-
tional emergency.
§ 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or
on a cost-plus-a-fixed-fee basis or otherwise without advertising for pro-
posals, if this subchapter otherwise would apply to the contract.
SUBCHAPTER V—VOLUNTEER SERVICES
§ 3161. Purpose
It is the purpose of this subchapter to promote and provide opportunities
for individuals who wish to volunteer their services to state or local govern-
ments, public agencies, or nonprofit charitable organizations in the construc-
tion, repair, or alteration (including painting and decorating) of public
buildings and public works that at least partly are financed with federal fi-
nancial assistance authorized under certain federal programs and that oth-
erwise might not be possible without the use of volunteers.
§ 3162. Waiver for individuals who perform volunteer serv-
ices
(a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la-
borers and mechanics be paid in accordance with the wage-setting provisions
of subchapter IV of this chapter as set forth in the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian
Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing
112
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does
not apply to an individual—
(1) who volunteers to perform a service directly to a state or local
government, a public agency, or a public or private nonprofit recipient
of federal assistance—
(A) for civic, charitable, or humanitarian reasons;
(B) only for the personal purpose or pleasure of the individual;
(C) without promise, expectation, or receipt of compensation for
services rendered, except as provided in subsection (b); and
(D) freely and without pressure or coercion, direct or implied,
from any employer;
(2) whose contribution of service is not for the direct or indirect ben-
efit of any contractor otherwise performing or seeking to perform work
on the same project for which the individual is volunteering;
(3) who is not employed by and does not provide services to a con-
tractor or subcontractor at any time on the federally assisted or in-
sured project for which the individual is volunteering; and
(4) who otherwise is not employed by the same public agency or re-
cipient of federal assistance to perform the same type of services as
those for which the individual proposes to volunteer.
(b) PAYMENTS.—
(1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in
subsection (a) who are performing services directly to a state or local
government or public agency may receive payments of expenses, reason-
able benefits, or a nominal fee only in accordance with regulations the
Secretary of Labor prescribes. Volunteers who are performing services
directly to a public or private nonprofit entity may not receive those
payments.
(2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing the
regulations, the Secretary shall consider criteria such as the total
amount of payments made (relating to expenses, benefits, or fees) in
the context of the economic realities. The regulations shall include pro-
visions that provide that—
(A) a payment for an expense may be received by a volunteer
for items such as uniform allowances, protective gear and clothing,
reimbursement for approximate out-of-pocket expenses, or the cost
or expense of meals and transportation;
(B) a reasonable benefit may include the inclusion of a volun-
teer in a group insurance plan (such as a liability, health, life, dis-
ability, or worker’s compensation plan) or pension plan, or the
awarding of a length of service award; and
113
(C) a nominal fee may not be used as a substitute for com-
pensation and may not be connected to productivity.
(3) NOMINAL FEE.—The Secretary shall decide what constitutes a
nominal fee for purposes of paragraph (2)(C). The decision shall be
based on the context of the economic realities of the situation involved.
(c) ECONOMIC REALITY.—In determining whether an expense, benefit, or
fee described in subsection (b) may be paid to volunteers in the context of
the economic realities of the particular situation, the Secretary may not per-
mit any expense, benefit, or fee that has the effect of undermining labor
standards by creating downward pressure on prevailing wages in the local
construction industry.
SUBCHAPTER VI—MISCELLANEOUS
§ 3171. Contract authority when appropriation is for less
than full amount
Unless specifically directed otherwise, the Administrator of General Serv-
ices may make a contract within the full limit of the cost fixed by Congress
for the acquisition of land for sites, or for the enlargement of sites, for pub-
lic buildings, or for the erection, remodeling, extension, alteration, and re-
pairs of public buildings, even though an appropriation is made for only
part of the amount necessary to carry out legislation authorizing that pur-
pose.
§ 3172. Extension of state workers’ compensation laws to
buildings, works, and property of the Federal Gov-
ernment
(a) AUTHORIZATION OF EXTENSION.—The state authority charged with
enforcing and requiring compliance with the state workers’ compensation
laws and with the orders, decisions, and awards of the authority may apply
the laws to all land and premises in the State which the Federal Govern-
ment owns or holds by deed or act of cession, and to all projects, buildings,
constructions, improvements, and property in the State and belonging to the
Government, in the same way and to the same extent as if the premises
were under the exclusive jurisdiction of the State in which the land, prem-
ises, projects, buildings, constructions, improvements, or property are lo-
cated.
(b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government
under this section does not relinquish its jurisdiction for any other purpose.
(c) NONAPPLICATION.—This section does not modify or amend sub-
chapter I of chapter 81 of title 5.
114
§ 3173. Working capital fund for blueprinting, photostating,
and duplicating services in General Services Ad-
ministration
(a) ESTABLISHMENT AND PURPOSE.—There is a working capital fund for
the payment of salaries and other expenses necessary to the operation of
a central blue-printing, photostating, and duplicating service.
(b) COMPONENTS.—The fund consists of—
(1) $50,000 without fiscal year limitation; and
(2) reimbursements from available amounts of constituents of the
Administrator of General Services, or of any other federal agency for
which services are performed, at rates to be determined by the Admin-
istrator on the basis of estimated or actual charges for personal serv-
ices, material, equipment (including maintenance, repair, and deprecia-
tion on existing and new equipment) and other expenses, to ensure con-
tinuous operation.
(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close of
each fiscal year any excess amount resulting from operation of the service,
after adequately providing for the replacement of mechanical and other
equipment and for accrued annual leave of employees engaged in this work
by the establishment of reserves for those purposes, shall be deposited in
the Treasury as miscellaneous receipts.
§ 3174. Operation of public utility communications services
serving governmental activities
The Administrator of General Services may provide and operate public
utility communications services serving any governmental activity when the
services are economical and in the interest of the Federal Government. This
section does not apply to communications systems for handling messages of
a confidential or secret nature, the operation of cryptographic equipment or
transmission of secret, security, or coded messages, or buildings operated
or occupied by the United States Postal Service, except on request of the
department or agency concerned.
§ 3175. Acceptance of gifts of property
The Administrator of General Services, and the United States Postal
Service where that office is concerned, may accept on behalf of the Federal
Government unconditional gifts of property in aid of any project or function
within their respective jurisdictions.
§ 3176. Administrator of General Services to furnish serv-
ices in continental United States to international
bodies
Sections 1535 and 1536 of title 31 are extended so that the Adminis-
trator of General Services, at the request of the Secretary of State, may