dreamproit/uscode huggingface dataset:
40 U.S.C. § 3112 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 establishment, 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 Government 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 provided in this section.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3112(a)
40:255 (last par. 1st sentence words before semicolon).
R.S. § 355 (last par.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083.
3112(b)
40:255 (last par. 1st sentence words after semicolon).
3112(c)
40:255 (last par. last sentence).
Subsection (a) is substituted for 40:255 (last par. 1st sentence words before semicolon) to eliminate unnecessary words.
In subsection (b), the words “exclusive or partial” are omitted as unnecessary.
40 U.S.C. § 3113 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 Government 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3113
40:257.
Aug. 1, 1888, ch. 728, § 1, 25 Stat. 357; June 25, 1948, ch. 646, § 6, 62 Stat. 986.
The words “the Secretary of the Treasury or any other” are omitted as unnecessary. The reference to section 258 is omitted because 40:258 is superseded by rule 71A of the Federal Rules of Civil Procedure (28 App.: U.S.C.).
40 U.S.C. § 3115 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3115. Irrevocable commitment of Federal Government to pay ultimate award when fixed
(a) Requirement for Irrevocable Commitment.—
Action under section 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 empowered 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 Government 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 Government may expend amounts appropriated for that purpose to demolish existing structures on the property and to erect public buildings or public works on the property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3115(a)
40:258c.
Feb. 26, 1931, ch. 307, § 3, 46 Stat. 1422.
3115(b)
40:258e.
Feb. 26, 1931, ch. 307, § 5, 46 Stat. 1422; Pub. L. 91–393, § 4, Sept. 1, 1970, 84 Stat. 835.
In subsection (b), the words “possession of” are omitted as unnecessary.
40 U.S.C. § 3116 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 calculated 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 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 beginning of each additional year.
(b) Distribution of Notice of Rates.—
The Director of the Administrative 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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3116(a)
40:258e–1 (less last sentence).
Feb. 26, 1931, ch. 307, § 6, as added Pub. L. 99–656, § 1(2), Nov. 14, 1986, 100 Stat. 3668; Pub. L. 106–554, § 1(a)(7) [§ 307(a)], Dec. 21, 2000, 114 Stat. 2763A–635.
3116(b)
40:258e–1 (last sentence).
40 U.S.C. § 3117 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3117. Exclusion of certain property by stipulation of Attorney 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 property, taken by or on behalf of the Government by a declaration of taking or otherwise.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3117
40:258f.
Oct. 21, 1942, ch. 618, 56 Stat. 797.
The words “that may have been, or may be” are omitted as unnecessary.
40 U.S.C. § 3118 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 addition 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3118
40:258d.
Feb. 26, 1931, ch. 307, § 4, 46 Stat. 1422.
The words “State, territory, or possession of the United States” are substituted for “State or Territory” for consistency in the revised title and with other titles of the United States Code.
40 U.S.C. § 3132 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3132. Alternatives to payment bonds provided by Federal Acquisition Regulation
(a) In General.—
The Federal Acquisition Regulation shall provide alternatives 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 officer 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 submit 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3132
40:270a note.
Pub. L. 103–355, title IV, § 4104(b)(2), Oct. 13, 1994, 108 Stat. 3342.
40 U.S.C. § 3141 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying 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 contractor 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 laborers 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 affected.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, § 6(11), Sept. 27, 2006, 120 Stat. 1213.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3141(1)
(no source).
3141(2)
40:276a(b) (1st par. words before proviso).
Mar. 3, 1931, ch. 411, § 1(b) (1st par. words before proviso), as added Pub. L. 88–349, § 1, July 2, 1964, 78 Stat. 239.
Clause (1) is added for clarity.
heading: References in Text
text: The Davis-Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141–3144, 3146, and 3147 of this title by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 2006—Par. (1). Pub. L. 109–284 substituted “1494)” for “1494”.
40 U.S.C. § 3143 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3143. Termination of work on failure to pay agreed wages
Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed 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 Government 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1151.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3143
40:276a–1.
Mar. 3, 1931, ch. 411, § 2, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012.
The words “The Government may have the work completed” are substituted for “and to prosecute the work to completion . . . thereby” for clarity.
40 U.S.C. § 3144 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 laborers 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 subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor’s sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics 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 obligations 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, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3144(a)(1)
40:276a–2(a) (1st sentence words before semicolon).
Mar. 3, 1931, ch. 411, § 3, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012.
3144(a)(2)
40:276a–2(b).
3144(b)
40:276a–2(a) (1st sentence words after semicolon, last sentence).
In subsection (b), the words “or firms” are omitted as being included in “persons”.
40 U.S.C. § 3145 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3145. Regulations governing contractors and subcontractors
(a) In General.—
The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3145(a)
40:276c (1st sentence).
June 13, 1934, ch. 482, § 2, 48 Stat. 948; May 24, 1949, ch. 139, § 134, 63 Stat. 108; Pub. L. 85–800, § 12, Aug. 28, 1958, 72 Stat. 967.
3145(b)
40:276c (last sentence).
40 U.S.C. § 3146 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3146
40:276a–3.
Mar. 3, 1931, ch. 411, § 4, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012.
40 U.S.C. § 3147 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3147. Suspension of this subchapter during a national emergency
The President may suspend the provisions of this subchapter during a national emergency.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3147
40:276a–5.
Mar. 3, 1931, ch. 411, § 6, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1013.
heading: Termination of War and Emergencies
text: Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of former 40 U.S.C. 276a–5, the date July 25, 1947, was to be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.
40 U.S.C. § 3148 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made without regard to section 6101(b) to (d) of title 41, or on a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, if this subchapter otherwise would apply to the contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153; Pub. L. 111–350, § 5(l)(14), Jan. 4, 2011, 124 Stat. 3852.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3148
40:276a–7.
Mar. 23, 1941, ch. 26 (last proviso in 5th complete par. on p. 53), 55 Stat. 53; Aug. 21, 1941, ch. 395 (last proviso in 14th par. on p. 664), 55 Stat. 664.
The words “this subchapter” are substituted for “such Act” to correct the reference as stated in 40:276a–7.
heading: Amendments
text: 2011—Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.
40 U.S.C. § 3161 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 governments, public agencies, or nonprofit charitable organizations in the construction, repair, or alteration (including painting and decorating) of public buildings and public works that at least partly are financed with federal financial assistance authorized under certain federal programs and that otherwise might not be possible without the use of volunteers.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3161
40:276d.
Pub. L. 103–355, title VII, § 7302, Oct. 13, 1994, 108 Stat. 3382.
40 U.S.C. § 3171 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3171. Contract authority when appropriation is for less than full amount
Unless specifically directed otherwise, the Administrator of General Services 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 public buildings, or for the erection, remodeling, extension, alteration, and repairs of public buildings, even though an appropriation is made for only part of the amount necessary to carry out legislation authorizing that purpose.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3171
40:261.
May 30, 1908, ch. 228, § 34, 35 Stat. 545.
The words “On and after May 30, 1908” are omitted as obsolete. The words “Administrator of General Services” are substituted for “Secretary of the Treasury” [subsequently changed to “Federal Works Administrator” because of section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
40 U.S.C. § 3172 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3172. Extension of state workers’ compensation laws to buildings, works, and property of the Federal Government
(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 Government 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, premises, projects, buildings, constructions, improvements, or property are located.
(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 subchapter I of chapter 81 of title 5.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3172(a)
40:290 (1st par., last par. words before 1st proviso).
June 25, 1936, ch. 822, 49 Stat. 1938.
3172(b)
40:290 (last par. 1st proviso).
3172(c)
40:290 (last par. last proviso).
In subsection (a), the words “by purchase or otherwise” and 40:290(last par. words before 1st proviso) are omitted as unnecessary.
Subsection (b) is substituted for 40:290(last par. 1st proviso) to eliminate unnecessary words.
In subsection (c), the words “subchapter I of chapter 81 of title 5” are substituted for “the United States Employees’ Compensation Act as amended from time to time (Act of September 7, 1916, 39 Stat. 742, U.S.C., title 5 and supplement, sec. 751 et seq.)” because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
40 U.S.C. § 3174 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3174
40:295.
June 14, 1946, ch. 404, § 7, 60 Stat. 258.
The words “Administrator of General Services” are substituted for “Commissioner of Public Buildings” because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words “in and outside the District of Columbia” are omitted as unnecessary. The words “United States Postal Service” are substituted for “Post Office Department” because of section 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 783).