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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
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
129
(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
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-
130
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—
(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.
131
(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
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,