dreamproit/uscode huggingface dataset:
41 U.S.C. § 6306 (PUBLIC CONTRACTS)
§ 6306. Prohibition on Members of Congress making contracts with Federal Government
(a) In General.—
A Member of Congress may not enter into or benefit from a contract or agreement or any part of a contract or agreement with the Federal Government.
(b) Exemptions.—
(1) In general.—
Subsection (a) does not apply to contracts that the Secretary of Agriculture may enter into with farmers.
(2) Certain acts.—
Subsection (a) does not apply to a contract entered into under—
(A) the Agricultural Adjustment Act (7 U.S.C. 601 et seq.);
(B) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); or
(C) the Home Owners’ Loan Act (12 U.S.C. 1461 et seq.).
(3) Public record.—
An exemption under this subsection shall be made a matter of public record.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3805.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6306(a)
41:22 (1st sentence).
R.S. § 3741; Feb. 27, 1877, ch. 69, (16th complete par. on p. 249), 19 Stat. 249; Pub. L. 103–355, title VI, § 6004, Oct. 13, 1994, 108 Stat. 3364; Pub. L. 104–106, div. D, title XLIII, § 4321(i)(12), Feb. 10, 1996, 110 Stat. 676.
6306(b)
41:22 (last sentence).
Jan. 25, 1934, ch. 5, (related to R.S. § 3741), 48 Stat. 337; June 27, 1934, ch. 847, title V, § 510, 48 Stat. 1264; Aug. 26, 1937, ch. 821, 50 Stat. 838.
In subsection (b)(2), the words “Emergency Farm Mortgage Act of 1933” and “Federal Farm Mortgage Corporation Act” are omitted because all provisions of those Acts have previously been executed or repealed.
In subsection (b)(2)(B), the words “Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)” are substituted for “Federal Farm Loan Act” and “Farm Credit Act of 1933” because of section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971 (Pub. L. 92–181, 12 U.S.C. 2001 note).
In subsection (b)(2)(C), the words “Home Owners’ Loan Act” are substituted for “Home Owners’ Loan Act of 1933” because of the amendment to 12:1461 made by Public Law 101–73.
41 U.S.C. § 6307 (PUBLIC CONTRACTS)
§ 6307. Contracts with Federal Government-owned establishments and availability of appropriations
An order or contract placed with a Federal Government-owned establishment for work, material, or the manufacture of material pertaining to an approved project is deemed to be an obligation in the same manner that a similar order or contract placed with a commercial manufacturer or private contractor is an obligation. Appropriations remain available to pay an obligation to a Federal Government-owned establishment just as appropriations remain available to pay an obligation to a commercial manufacturer or private contractor.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3806.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6307
41:23.
June 5, 1920, ch. 240, (last par. under heading “Purchase of Articles Manufactured at Government Arsenals”), 41 Stat. 975.
July 1, 1922, ch. 259, (1st proviso on p. 812), 42 Stat. 812.
The words “heretofore or” are omitted as obsolete. The word “hereafter” is omitted as unnecessary because the provision is restated as permanent law rather than as part of a fiscal year appropriation.
41 U.S.C. § 6308 (PUBLIC CONTRACTS)
§ 6308. Contracts for transportation of Federal Government securities
When practicable, a contract for transporting bullion, cash, or securities of the Federal Government shall be awarded to the lowest responsible bidder after notice to all parties with means of transportation.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3806.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6308
41:24.
July 7, 1884, ch. 332, (words after “fifty five thousand dollars” in 3d par. under heading “Miscellaneous Objects Under the Treasury Department”), 23 Stat. 204.
The words “bullion, cash, or securities of the Federal Government” are substituted for “moneys, bullion, coin, notes, bonds, and other securities of the United States, and paper” to eliminate unnecessary words. The word “awarded” is substituted for “let” to use more modern terminology.
41 U.S.C. § 6504 (PUBLIC CONTRACTS)
§ 6504. Three-year prohibition on new contracts in case of breach or violation
(a) Distribution of List.—
The Comptroller General shall distribute to each agency of the United States a list containing the names of persons found by the Secretary to have breached or violated a representation or stipulation included in a contract under section 6502 of this title.
(b) Three-Year Prohibition.—
Unless the Secretary recommends otherwise, a contract described in section 6502 of this title may not be awarded to a person named on the list under subsection (a), or to a firm, corporation, partnership, or association in which the person has a controlling interest, until 3 years have elapsed from the date of the determination by the Secretary that a breach or violation occurred.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3808.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6504
41:37.
June 30, 1936, ch. 881, § 3, 49 Stat. 2037.
In this section, the words “or firms” are omitted because of the definition of “person” in 41:41, restated in section 6501 of the revised title.
In subsection (a), the words “or violated” are added for consistency in the chapter.
In subsection (b), the words “contract described in section 6502 of this title” are substituted for “contracts” to clarify the scope of the prohibition. The words “the date of the determination by the Secretary that a breach or violation occurred” are substituted for “the date the Secretary of Labor determines such breach to have occurred” to clarify that the three-year period begins with the date of the Secretary’s determination and not with the date of the breach or violation. The words “or violation” are added for consistency in the chapter.
41 U.S.C. § 6505 (PUBLIC CONTRACTS)
§ 6505. Exclusions
(a) Items Available in the Open Market.—
This chapter does not apply to the purchase of materials, supplies, articles, or equipment that may usually be bought in the open market.
(b) Perishables and Agricultural Products.—
This chapter does not apply to any of the following:
(1) Perishables, including dairy, livestock and nursery products.
(2) Agricultural or farm products processed for first sale by the original producers.
(3) Contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or products of agricultural commodities.
(c) Carriage of Freight or Personnel.—
This chapter may not be construed to apply to—
(1) the carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line where published tariff rates are in effect; or
(2) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3809.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6505
41:43.
June 30, 1936, ch. 881, § 9, 49 Stat. 2039.
heading: References in Text
text: The Communications Act of 1934, referred to in subsec. (c)(2), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
41 U.S.C. § 6506 (PUBLIC CONTRACTS)
§ 6506. Administrative provisions
(a) In General.—
The Secretary shall administer this chapter.
(b) Regulations.—
The Secretary may make, amend, and rescind regulations as necessary to carry out this chapter.
(c) Use of Government Officers and Employees.—
The Secretary shall use Federal officers and employees and, with a State’s consent, State and local officers and employees as the Secretary finds necessary to assist in the administration of this chapter.
(d) Appointments.—
The Secretary shall appoint an administrative officer and attorneys, experts, and other employees from time to time as the Secretary finds necessary for the administration of this chapter. The appointments are subject to chapter 51 and subchapter III of chapter 53 of title 5 and other law applicable to the employment and compensation of officers and employees of the Federal Government.
(e) Investigations.—
The Secretary, or an authorized representative of the Secretary, may make investigations and findings as provided in this chapter and may, in any part of the United States, prosecute an inquiry necessary to carry out this chapter.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3809.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6506
41:38.
June 30, 1936, ch. 881, § 4, 49 Stat. 2038.
In subsection (b), the word “rules” is omitted as included in “regulations”.
In subsection (c), the words “and to prescribe rules and regulations with respect thereto” are omitted as unnecessary because of subsection (b).
In subsection (d), the words “without regard to the provisions of the civil-service laws”, which appear in section 4 of the Walsh-Healey Act (June 30, 1936, ch. 881, 49 Stat. 2038), are omitted as obsolete because of Executive Order 8743, April 23, 1941 (5 U.S.C. 3301 note), issued by the President pursuant to the Act of November 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211. The words “the Classification Act of 1923”, which appear in section 4 of the Walsh-Healey Act (June 30, 1936, ch. 881, 49 Stat. 2038), are considered to be a reference to the Classification Act of 1949 because of section 1106(a) of the Classification Act of 1949 (Oct. 28, 1949, ch. 782, 63 Stat. 972). The words “chapter 51 and subchapter III of chapter 53 of title 5” are substituted for the reference to the Classification Act of 1949 because of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101).
41 U.S.C. § 6508 (PUBLIC CONTRACTS)
§ 6508. Authority to make exceptions
(a) Duty of the Secretary To Make Exceptions.—
When the head of an agency of the United States makes a written finding that the inclusion of representations or stipulations under section 6502 of this title in a proposal or contract will seriously impair the conduct of Federal Government business, the Secretary shall make exceptions, in specific cases or otherwise, when justice or the public interest will be served.
(b) Authority of the Secretary To Modify Existing Contracts.—
When an agency of the United States and a contractor jointly recommend, the Secretary may modify the terms of an existing contract with respect to minimum wages and maximum hours of labor as the Secretary finds necessary and proper in the public interest or to prevent injustice and undue hardship.
(c) Authority of the Secretary To Allow Limitations, Variations, Tolerances, and Exemptions.—
The Secretary may provide reasonable limitations and may prescribe regulations to allow reasonable variations, tolerances, and exemptions in the application of this chapter to contractors, including with respect to minimum wages and maximum hours of labor.
(d) Rate of Pay for Overtime.—
When the Secretary permits an increase in the maximum hours of labor stipulated in a contract, the Secretary shall set a rate of pay for overtime. The overtime rate must be at least one and one-half times the basic hourly rate.
(e) Authority of the President To Suspend.—
The President may suspend any of the representations and stipulations contained in section 6502 of this title whenever, in the President’s judgment, suspension is in the public interest.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3810.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6508(a)
41:40 (1st sentence).
June 30, 1936, ch. 881, § 6, 49 Stat. 2038; June 28, 1940, ch. 440, title I, § 13, 54 Stat. 681.
6508(b)
41:40 (2d sentence).
6508(c)
41:40 (3d sentence).
6508(d)
41:40 (last sentence less proviso).
6508(e)
41:40 (last sentence proviso).
In subsection (a), the words “an agency of the United States” are substituted for “the contracting agency or department” for consistency in the chapter. Commas are inserted after “exceptions” and “otherwise” to clarify that the words “when justice or the public interest will be served” apply to exceptions in “specific cases” as well as “otherwise”. The word “thereby” is omitted as unnecessary.
In subsection (b), the words “an agency of the United States” are substituted for “the contracting agency”, and the words “minimum wages” are substituted for “minimum rates of pay”, for consistency in the chapter.
In subsection (c), the word “rules” is omitted as included in “regulations”. The words “as hereinbefore described” are omitted as unnecessary. The words “minimum wages” are substituted for “minimum rates of pay” for consistency in the chapter.
In subsection (d), the words “received by any employee affected” are omitted as unnecessary.
In subsection (e), the words “or all” are omitted as unnecessary.
41 U.S.C. § 6509 (PUBLIC CONTRACTS)
§ 6509. Other procedures
(a) Applicability of Certain Administrative Provisions.—
Notwithstanding section 553 of title 5, subchapter II of chapter 5 and chapter 7 of title 5 are applicable in the administration of sections 6501 to 6507 and 6511 of this title.
(b) Judicial Review in General.—
Notwithstanding the inclusion of representations and stipulations in a contract under section 6502 of this title, an interested person has the right of judicial review of any legal question which might otherwise be raised, including wage determinations and the interpretation of the terms “locality” and “open market”.
(c) Judicial Review of Wage Determinations.—
A person adversely affected or aggrieved by a wage determination under section 6502(1) of this title has the right of judicial review of the determination, or of the applicability of the determination, within 90 days after the determination is made, in the manner provided by chapter 7 of title 5. A person adversely affected or aggrieved by a wage determination is deemed to include a person in an industry to which the determination applies that is a supplier of materials, supplies, articles, or equipment that are purchased or intended to be purchased by the Federal Government from any source.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3810.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6509(a)
41:43a(a).
June 30, 1936, ch. 881, § 10(a), (b) (last sentence), (c), as added June 30, 1952, ch. 530, title III, § 301, 66 Stat. 308; Pub. L. 103–355, title VII, § 7201(2), (3), Oct. 13, 1994, 108 Stat. 3378.
6509(b)
41:43a(c).
6509(c)
41:43a(b) (last sentence).
Subsection (a) is substituted for “Notwithstanding any provision of section 4 of the Administrative Procedure Act, such Act shall be applicable in the administration of sections 1 to 5 and 7 to 9 of this Act” in section 10 of the Act of June 30, 1936 (ch. 881), for consistency in the revised title and because of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101).
In subsection (c), the words “has the right of judicial review” are substituted for “Review . . . may be had” for consistency with subsection (b) and with section 6510(b) of the revised title and because the review provided for in chapter 7 of title 5 is denominated as judicial review. The words “chapter 7 of title 5” are substituted for “section 10 of the Administrative Procedure Act” on authority of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101).
41 U.S.C. § 6510 (PUBLIC CONTRACTS)
§ 6510. Manufacturers and regular dealers
(a) Prescribing Standards.—
The Secretary may prescribe, in regulations, standards for determining whether a contractor is a manufacturer or regular dealer with respect to materials, supplies, articles, or equipment to be manufactured or furnished under, or used in the performance of, a contract entered into by an agency of the United States.
(b) Judicial Review.—
An interested person has the right of judicial review of any legal question relating to interpretation of the terms “regular dealer” and “manufacturer” as defined pursuant to subsection (a).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6510
41:43b.
June 30, 1936, ch. 881, § 11, as added Pub. L. 103–355, title VII, § 7201(4), Oct. 13, 1994, 108 Stat. 3378; Pub. L. 104–106, div. D, title XLIII, § 4321(f)(1)(A), Feb. 10, 1996, 110 Stat. 675.
In subsection (a), the words “an agency of the United States” are substituted for “any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States” because of the definition in section 6501 of the revised title.
41 U.S.C. § 6511 (PUBLIC CONTRACTS)
§ 6511. Effect on other law
This chapter may not be construed to modify or amend the following provisions:
(1) Chapter 83 of this title.
(2) Sections 3141 to 3144, 3146, and 3147 of title 40.
(3) Chapter 307 of title 18.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6511
41:42.
June 30, 1936, ch. 881, § 8, 49 Stat. 2039.
Paragraph (1) is substituted for “Title III of the act entitled ‘An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’, approved May 3, 1933 (commonly known as the Buy American Act)” for consistency in the revised title and to correct an error in the source, which incorrectly gives May 3, 1933, rather than March 3, 1933, as the date of approval.
Paragraph (2) is substituted for “the Act entitled ‘An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes’, approved March 3, 1931 (commonly known as the Bacon-Davis Act), as amended from time to time” because of section 5(c) of Public Law 107–217 (40 U.S.C. note prec. 101) and for consistency with title 40.
The words “the labor provisions of Title II of the National Industrial Recovery Act, approved June 16, 1933, as extended” are omitted as obsolete because of section 201 of the Act of June 21, 1938 (ch. 554, 52 Stat. 816), as amended by the Acts of June 27, 1940 (ch. 437, 54 Stat. 633), April 5, 1941 (ch. 40, 55 Stat. 110), and June 27, 1942 (ch. 450, 56 Stat. 410).
The words “or [the labor provisions] of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935” are omitted as obsolete. The intended reference was probably to section 7 of the Emergency Relief Appropriation Act of 1935 (49 Stat. 118). Section 7 of the Emergency Relief Appropriation Act of 1935 provided that the President shall require certain rates of pay for persons engaged in carrying out projects that were financed by amounts being appropriated in that Act.
Paragraph (3) is substituted for “the Act entitled ‘An Act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes’, approved May 27, 1930, as amended and supplemented by the Act approved June 23, 1934” for consistency with title 18. The Act of May 27, 1930 (ch. 340, 46 Stat. 391) and the Act of June 23, 1934 (ch. 736, 48 Stat. 1211), which were classified to sections 744a to 744n of former title 18, were substantially repealed and were replaced by chapter 307 and section 4162 of title 18 in the codification of title 18 by the Act of June 25, 1948 (ch. 645, 62 Stat. 683). Subsequently, section 4162 of title 18 was repealed by section 218(a)(4) of Public Law 98–473 (98 Stat. 2027).
41 U.S.C. § 6701 (PUBLIC CONTRACTS)
§ 6701. Definitions
In this chapter:
(1) Compensation.—
The term “compensation” means any of the payments or fringe benefits described in section 6703 of this title.
(2) Secretary.—
The term “Secretary” means the Secretary of Labor.
(3) Service employee.—
The term “service employee”—
(A) means an individual engaged in the performance of a contract made by the Federal Government and not exempted under section 6702(b) of this title, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States;
(B) includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but
(C) does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations.
(4) United states.—
The term “United States”—
(A) includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but
(B) does not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6701
41:357.
Pub. L. 89–286, § 8, Oct. 22, 1965, 79 Stat. 1036; Pub. L. 93–57, § 1, July 6, 1973, 87 Stat. 140; Pub. L. 94–489, § 3, Oct. 13, 1976, 90 Stat. 2358.
In paragraph (3), the word “individual” is substituted for “person” because of the definition of “person” in 1:1. The words “contract made by the Federal Government” are substituted for “contract entered into by the United States” for consistency in the revised title. The words “as of July 30, 1976, and any subsequent revision of those regulations” are omitted as obsolete.
In paragraph (4)(A), the words “the outer Continental Shelf” are substituted for “Outer Continental Shelf lands” for consistency with the definition in 43:1331 and for consistency with the more common usage generally found in subchapter III of chapter 29 of title 43. The words “Eniwetok Atoll, Kwajalein Atoll” are omitted because they are part of the Marshall Islands and therefore no longer part of the United States. The words “Canton Island” are omitted because it is part of Kiribati and therefore no longer part of the United States.
heading: References in Text
text: The Outer Continental Shelf Lands Act, referred to in par. (4)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables.