dreamproit/uscode huggingface dataset:
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: Editorial Notes
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was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141–3144, 3146, and 3147 of this title by Pub.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. § 3144 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3144. Authority to pay wages and list contractors violating contracts
(a) Payment of Wages.—
(1) In general.—
The Secretary of Labor 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; Pub. L. 113–50, § 2(a), Nov. 21, 2013, 127 Stat. 578.)
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”.
heading: Editorial Notes
heading: Amendments
text: 2013—Pub. L. 113–50, § 2(a)(1), struck out “of Comptroller General” after “Authority” in section catchline.
Subsec. (a)(1). Pub. L. 113–50, § 2(a)(2), substituted “Secretary of Labor” for “Comptroller General”.
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 3308 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3308. Architectural or engineering services
(a) Employment by Administrator.—
When the Administrator of General Services decides it to be necessary, the Administrator may employ, by contract or otherwise, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5, civil service rules and regulations, or section 6101(b) to (d) of title 41, the services of established architectural or engineering corporations, firms, or individuals, to the extent the Administrator may require those services for any public building authorized to be constructed or altered under this chapter.
(b) Employment on Permanent Basis Not Permitted.—
A corporation, firm, or individual shall not be employed under authority of subsection (a) on a permanent basis.
(c) Responsibility of Administrator.—
Notwithstanding any other provision of this section, the Administrator is responsible for all construction authorized by this chapter, including the interpretation of construction contracts, approval of material and workmanship supplied under a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1163; Pub. L. 111–350, § 5(l)(17), Jan. 4, 2011, 124 Stat. 3852.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3308(a)
40:609(a).
Pub. L. 86–249, § 10, Sept. 9, 1959, 73 Stat. 481.
3308(b)
40:609(b).
3308(c)
40:609(c).
In subsection (a), the words “chapters 33 and 51 and subchapter III of chapter 53 of title 5” are substituted for “the Classification Act of 1949, as amended” and the reference to civil service laws in section 10(a) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) 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 31, United States Code.
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (a). 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. § 3310 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3310. Special rules for leased buildings
For any building to be constructed for lease to, and for predominant use by, the Federal Government, the Administrator of General Services—
(1) notwithstanding section 585(a)(1) of this title, shall not make any agreement or undertake any commitment which will result in the construction of the building until the Administrator has established detailed specification requirements for the building;
(2) may acquire a leasehold interest in the building only by the use of competitive procedures required by sections 3105, 3301, and 3303 to 3305 of title 41;
(3) shall include in the solicitation for any lease requiring a prospectus under section 3307 an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy;
(4) shall inspect every building during construction to establish that the specifications established for the building are complied with;
(5) on completion of the building, shall evaluate the building to determine the extent of failure to comply with the specifications referred to in clause (1); and
(6) shall ensure that any contract entered into for the building shall contain provisions permitting a reduction of rent during any period when the building is not in compliance with the specifications.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164; Pub. L. 110–140, title III, § 323(d), Dec. 19, 2007, 121 Stat. 1591; Pub. L. 111–350, § 5(l)(18), Jan. 4, 2011, 124 Stat. 3852.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3310
40:618.
Pub. L. 86–249, § 20, as added Pub. L. 100–678, § 5, Nov. 17, 1988, 102 Stat. 4050.
heading: Editorial Notes
heading: Amendments
text: 2011—Par. (2). Pub. L. 111–350 substituted “sections 3105, 3301, and 3303 to 3305 of title 41” for “section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)”.
2007—Pars. (3) to (6). Pub. L. 110–140 added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
40 U.S.C. § 3314 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3314. Baby changing facilities in restrooms
(a) Additional Requirement for the Construction, Alteration, and Acquisition of Public Buildings.—
Except as provided in subsection (b) and subject to any reasonable accommodations that may be made for individuals in accordance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) restrooms in a public building shall be equipped with baby changing facilities that the Administrator determines are physically safe, sanitary, and appropriate.
(b) Exceptions.—
The requirement under subsection (a) shall not apply—
(1) to a restroom in a public building that is not available or accessible for public use;
(2) to a restroom in a public building that contains clear and conspicuous signage indicating where a restroom with a baby changing table is located on the same floor of such public building;
(3) if new construction would be required to install a baby changing facility in the public building and the cost of such construction is unfeasible; or
(4) to a building not subject to an alteration as set forth in section 3307.
(c) Definitions.—
In this section:
(1) Baby changing facility.—
The term “baby changing facility” means a table or other device suitable for changing the diaper of a child age 3 or under.
(2) Pubic 1 building.—
The term “public building” means a public building as defined in section 3301 and controlled by the Public Building Service of the General Services Administration.
(Added Pub. L. 114–235, § 2(a)(2), Oct. 7, 2016, 130 Stat. 964.)
heading: Editorial Notes
heading: References in Text
text: The Americans with Disabilities Act, referred to in subsec. (a), probably means the Americans with Disabilities Act of 1990, Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
heading: Prior Provisions
text: A prior section 3314 was renumbered section 3315 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Applicability
text: Pub. L. 114–235, § 2(c), Oct. 7, 2016, 130 Stat. 965, provided that: “The requirement under section 3314(a) of title 40, United States Code, shall apply in the case of a public building constructed, altered, or acquired by the Administrator of General Services on or after the date that is 1 year after the date of the enactment of this Act [Oct. 7, 2016], beginning on that date.”
40 U.S.C. § 3315 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3315. Delegation
(a) When Allowed.—
The carrying out of the duties and powers of the Administrator of General Services under this chapter, in accordance with standards the Administrator prescribes—
(1) shall, except for the authority contained in section 3305(b) of this title, be delegated on request to the appropriate executive agency when the estimated cost of the project does not exceed $100,000; and
(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.—
Delegation under subsection (a) does not exempt the person to whom the delegation is made, or the carrying out of the delegated duty or power, from any other provision of this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, § 3313; Pub. L. 109–304, § 17(g)(3), Oct. 6, 2006, 120 Stat. 1709; renumbered § 3314, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered § 3315, Pub. L. 114–235, § 2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3313(a)
40:614 (1st sentence).
Pub. L. 86–249, § 15, Sept. 9, 1959, 73 Stat. 483.
3313(b)
40:614 (last sentence).
In subsection (a), before clause (1), the words “duties and powers” are substituted for “responsibilities and authorities” for consistency in the revised title and with other titles of the United States Code.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3315 was renumbered section 3316 of this title.
heading: Amendments
text: 2016—Pub. L. 114–235 renumbered section 3314 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3313 of this title as this section.
2006—Subsec. (a). Pub. L. 109–304 substituted “The” for “Except for the authority contained in section 3305(b) of this title, the” in introductory provisions and “shall, except for the authority contained in section 3305(b) of this title,” for “shall” in par. (1).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
40 U.S.C. § 3316 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3316. 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 submit 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 Administrator and the United States Postal Service shall make building project surveys requested by resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, § 3314; renumbered § 3315, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered § 3316, Pub. L. 114–235, § 2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3314(a)
40:610(a).
Pub. L. 86–249, § 11, Sept. 9, 1959, 73 Stat. 481; Pub. L. 96–470, title II, § 211, Oct. 19, 1980, 94 Stat. 2246; Pub. L. 103–437, § 14(b)(2), Nov. 2, 1994, 108 Stat. 4591.
3314(b)
40:610(b).
In subsection (b), the words “United States Postal Service” are substituted for “Postmaster General” in section 11(b) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773). The words “Transportation and Infrastructure” are substituted for “Public Works and Transportation” in section 11(b) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.).
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3316 was renumbered section 3317 of this title.
heading: Amendments
text: 2016—Pub. L. 114–235 renumbered section 3315 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3314 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
40 U.S.C. § 3317 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3317. Certain authority not affected
This chapter does not limit or repeal the authority conferred by law on the United States Postal Service.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167, § 3315; renumbered § 3316, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered § 3317, Pub. L. 114–235, § 2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3315
40:615.
Pub. L. 86–249, § 16, Sept. 9, 1959, 73 Stat. 483; Pub. L. 91–375, § 6(m)(3), Aug. 12, 1970, 84 Stat. 782.
The text of 40:615(1) is omitted as obsolete.
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–235 renumbered section 3316 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3315 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
40 U.S.C. § 3318 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 3318. Lactation room in public buildings
(a) Definitions.—
In this section:
(1) Appropriate authority.—
The term “appropriate authority” means the head of a Federal agency, the Architect of the Capitol, or other official authority responsible for the operation of a public building.
(2) Covered public building.—
The term “covered public building” means a public building (as defined in section 3301) that is open to the public and contains a public restroom, and includes a building listed in section 6301 or 5101.
(3) Lactation room.—
The term “lactation room” means a hygienic place, other than a bathroom, that—
(A) is shielded from view;
(B) is free from intrusion; and
(C) contains a chair, a working surface, and, if the public building is otherwise supplied with electricity, an electrical outlet.
(b) Lactation Room Required.—
Except as provided in subsection (c), the appropriate authority of a covered public building shall ensure that the building contains a lactation room that is made available for use by members of the public to express breast milk.
(c) Exceptions.—
A covered public building may be excluded from the requirement in subsection (b) at the discretion of the appropriate authority if—
(1) the public building—
(A) does not contain a lactation room for employees who work in the building; and
(B) does not have a room that could be repurposed as a lactation room or a space that could be made private using portable materials, at a reasonable cost; or
(2) new construction would be required to create a lactation room in the public building and the cost of such construction is unfeasible.
(d) No Unauthorized Entry.—
Nothing in this section shall be construed to authorize an individual to enter a public building or portion thereof that the individual is not otherwise authorized to enter.
(Added Pub. L. 116–30, § 2(a), July 25, 2019, 133 Stat. 1032.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 116–30, § 2(c), July 25, 2019, 133 Stat. 1033, provided that: “The amendments made by this section [enacting this section] shall take effect 1 year after the date of the enactment of this Act [July 25, 2019].”