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(2) may be delegated to the appropriate executive agency when the
Administrator determines that delegation will promote efficiency and
economy.
(b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delega-
tion under subsection (a) does not exempt the person to whom the delega-
tion is made, or the carrying out of the delegated duty or power, from any
other provision 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 sub-
mit 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 Infrastruc-
ture 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
information 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.
§ 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
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Northern 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 Develop-
ment 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
advance under subsection (a) to aid in financing the cost of feasibility stud-
ies, engineering and architectural surveys, designs, plans, working drawings,
specifications, or other action preliminary to and in preparation for the con-
struction of public works, and for construction in connection with the devel-
opment of a medical center, a general plan for the development of the cen-
ter.
(c) NO FUTURE COMMITMENT.—An advance under subsection (a) does
not commit the Congress to appropriate amounts to assist in financing the
construction 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, metro-
politan, or other areawide project) unless—
(1) the project is planned to be constructed within or over a reason-
able period of time considering the nature of the project;
(2) the project conforms to an overall state, local, or regional plan
approved by a competent state, local, or regional authority; and
(3) the public agency or Indian tribe formally contracts with the
Federal 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
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under this chapter. The fund comprises amounts appropriated under this
chapter and all repayments and other receipts received in connection with
advances 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 fis-
cal year not more than $100,000 of the amount in the revolving fund estab-
lished 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 esti-
mated requirements for state and local public works. In conducting a sur-
vey, the Secretary, may use or act through any department or agency of
the Federal Government, with the consent of the department or agency.
§ 3505. Forgiveness of outstanding advances
In accordance with accounting and other procedures the Secretary of
Housing and Urban Development prescribes, each advance made by the Sec-
retary 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 prom-
ise 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).
(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 Govern-
ment, 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—
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(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 labor-
ers and mechanics employed by a contractor or subcontractor in the
performance of any part of the work under the contract—
(A) including watchmen, guards, and workers performing serv-
ices in connection with dredging or rock excavation in any river
or harbor of the United States, a territory, or the District of Co-
lumbia; 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
guarantee or insurance.
§ 3702. Work hours
(a) STANDARD WORKWEEK.—The wages of every laborer and mechanic
employed 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
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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
mechanic in violation of this chapter and shall be equal to $10 for each cal-
endar day on which the individual was required or permitted to work in ex-
cess of the standard workweek without payment of the overtime wages re-
quired 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 con-
tractor or subcontractor, amounts administratively determined to be nec-
essary to satisfy the liabilities of the contractor or subcontractor for unpaid
wages and liquidated 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
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
District of Columbia all violations of this chapter occurring in the perform-
ance of the work, together with the name of each laborer or mechanic who
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was required or permitted to work in violation of this chapter and the day
the violation 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 ad-
ministratively determined to be due directly to the laborers and me-
chanics from amounts withheld on account of underpayments of wages
if the amount withheld is adequate. If the amount withheld is not ade-
quate, 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 con-
tract are insufficient to reimburse all the laborers and mechanics who have
not been paid the wages required under this chapter, the laborers and me-
chanics, in the case of a department or agency of the Government, have the
same right of action and intervention against the contractor and the con-
tractor’s sureties as is conferred by law on persons furnishing labor or ma-
terials. In those proceedings it is not a defense that the laborers and me-
chanics 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 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 dam-
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ages. The agency head or Mayor may issue a final order affirming the
determination or may recommend to the Secretary of Labor that an ap-
propriate adjustment in liquidated damages be made, or that the con-
tractor or subcontractor be relieved of liability for the liquidated dam-
ages, if it is found that the amount is incorrect or that the contractor
or subcontractor violated this chapter inadvertently, notwithstanding
the exercise of due care by the contractor or subcontractor and the
agents of the contractor or subcontractor.
(3) REVIEW BY SECRETARY.—The Secretary shall review all perti-
nent facts in the matter and may conduct any investigation the Sec-
retary considers necessary in order to affirm or reject the recommenda-
tion. 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
conclusive with respect to findings of fact if supported by substantial
evidence.
(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 Reorganiza-
tion Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267)
and is for construction, alteration, and repair, including painting and
decorating, must provide that no contractor or subcontractor con-
tracting for any part of the contract work shall require any laborer or
mechanic employed in the performance of the contract to work in sur-
roundings 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 regu-
lation based on proceedings pursuant to section 553 of title 5, provided
that the proceedings include a hearing similar in nature to that author-
ized by section 553.
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(2) CONSULTATION.—In formulating standards under this section,
the Secretary shall consult with the Advisory Committee created by
subsection (d) of this section.
(b) COMPLIANCE.—
(1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make in-
spections, 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 pre-
scribes under subsection (a). For those purposes the Secretary and the
United States district courts have the authority and jurisdiction pro-
vided by sections 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, es-
tablishes noncompliance under this section of any condition of a con-
tract described in—
(A) section 3701(b)(1)(B)(i) or (ii) of this title, the govern-
mental agency for which the contract work is done may cancel the
contract and make other contracts for the completion of the con-
tract work, charging any additional cost to the original contractor;
or
(B) section 3701(b)(1)(B)(iii) of this title, the governmental
agency which is providing the financial guarantee, assistance, or
insurance for the contract work may withhold the guarantee, as-
sistance, or insurance attributable to the performance of the con-
tract.
(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
COMP-
TROLLER GENERAL.—When the Secretary, after an opportunity for an
agency hearing, decides on the record that, by repeated willful or gross-
ly negligent violations of this chapter, a contractor or subcontractor has
demonstrated 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 Comp-
troller 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 rec-
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ommends, the contractor, subcontractor, or any person in which the
contractor or subcontractor has a substantial interest may not be
awarded a contract subject to this section until three years have
elapsed from the date the name is transmitted to the Comptroller Gen-
eral. 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 transmitted to the Comptroller Gen-
eral will comply responsibly with the requirements of this section. The
Comptroller General shall inform all Government 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 supported 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 provided in section 1254 of title 28.
(d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.—
(1) ESTABLISHMENT.—There is an Advisory Committee on Con-
struction Safety and Health in the Department of Labor.
(2) COMPOSITION.—The Committee is composed of nine members
appointed by the Secretary, without regard to chapter 33 of title 5, as
follows:
(A) Three members shall be individuals representative of con-
tractors to whom this section applies.
(B) Three members shall be individuals representative of em-
ployees primarily in the building trades and construction industry
engaged in carrying out contracts to which this section applies.
(C) Three members shall be public representatives who shall be
selected on the basis of their professional and technical com-
petence 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—