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US (United States) Code. Title 40. Subtitle II. Part A. Chapter 31: General

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-CITE-

40 USC CHAPTER 31 - GENERAL 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

-HEAD-

CHAPTER 31 - GENERAL

-MISC1-

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

Sec.

3101. Public buildings under control of Administrator of

General Services.

3102. Naming or designating buildings.

3103. Admission of guide dogs or other service animals

accompanying individuals with disabilities.

3104. Furniture for new buildings.

3105. Buildings not to be draped in mourning.

SUBCHAPTER II - ACQUIRING LAND

3111. Approval of sufficiency of title prior to acquisition.

3112. Federal jurisdiction.

3113. Acquisition by condemnation.

3114. Declaration of taking.

3115. Irrevocable commitment of Federal Government to pay

ultimate award when fixed.

3116. Interest as part of just compensation.

3117. Exclusion of certain property by stipulation of

Attorney General.

3118. Right of taking as addition to existing rights.

SUBCHAPTER III - BONDS

3131. Bonds of contractors of public buildings or works.

3132. Alternatives to payment bonds provided by Federal

Acquisition Regulation.

3133. Rights of persons furnishing labor or material.

3134. Waivers for certain contracts.

SUBCHAPTER IV - WAGE RATE REQUIREMENTS

3141. Definitions.

3142. Rate of wages for laborers and mechanics.

3143. Termination of work on failure to pay agreed wages.

3144. Authority of Comptroller General to pay wages and list

contractors violating contracts.

3145. Regulations governing contractors and subcontractors.

3146. Effect on other federal laws.

3147. Suspension of this subchapter during a national

emergency.

3148. Application of this subchapter to certain contracts.

SUBCHAPTER V - VOLUNTEER SERVICES

3161. Purpose.

3162. Waiver for individuals who perform volunteer services.

SUBCHAPTER VI - MISCELLANEOUS

3171. Contract authority when appropriation is for less than

full amount.

3172. Extension of state workers' compensation laws to

buildings, works, and property of the Federal

Government.

3173. Working capital fund for blueprinting, photostating,

and duplicating services in General Services

Administration.

3174. Operation of public utility communications services

serving governmental activities.

3175. Acceptance of gifts of property.

3176. Administrator of General Services to furnish services

in continental United States to international bodies.

-End-

-CITE-

40 USC SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC

BUILDINGS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-End-

-CITE-

40 USC Sec. 3101 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-

Sec. 3101. Public buildings under control of Administrator of

General Services

-STATUTE-

All public buildings outside of the District of Columbia and

outside of military reservations purchased or erected out of any

appropriation under the control of the Administrator of General

Services, and the sites of the public buildings, are under the

exclusive jurisdiction and control, and in the custody of, the

Administrator. The Administrator may take possession of the

buildings and assign and reassign rooms in the buildings to federal

officials, clerks, and employees that the Administrator believes

should be furnished with offices or rooms in the buildings.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3101 40:285. July 1, 1898, ch. 546, Sec.

1 (6th complete par. on p.

614), 30 Stat. 614.

--------------------------------------------------------------------

The word "subtreasuries" in the 6th complete paragraph on p. 614

of section 1 of the Act of July 1, 1898 (ch. 546, 30 Stat. 614), is

omitted because section 1 (words in par. under heading "Independent

Treasury") of the Act of May 29, 1914 (ch. 214, 41 Stat. 654)

discontinued subtreasuries. The word "post-offices" in section 1 is

omitted because section 1 of Executive Order No. 6166 (eff. June

10, 1933) transferred administration of post office buildings to

the Post Office Department. The words "courthouses, customhouses,

appraiser's stores, barge offices, and other" are omitted as

unnecessary. The words "or are in course of construction" are

omitted as obsolete. The words "Administrator of General Services"

are substituted for "Treasury Department" and "Secretary of the

Treasury" [subsequently changed to "Federal Works Agency" and

"Federal Works Administrator" because of sections 301 and 303,

respectively, of Reorganization Plan No. I of 1939 (eff. July 1,

1939, 53 Stat. 1426, 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.

PROHIBITION OF CIGARETTE SALES TO MINORS IN FEDERAL BUILDINGS AND

LANDS

Pub. L. 104-52, title VI, Sec. 636, Nov. 19, 1995, 109 Stat. 507,

known as the "Prohibition of Cigarette Sales to Minors in Federal

Buildings and Lands Act", required the Administrator of General

Services and the head of each Federal agency to promulgate

regulations, to be reported to Congress, prohibiting the sale of

tobacco products in vending machines or distribution of free

samples of tobacco products located in or around any Federal

building under the jurisdiction of the Administrator or agency

head, and provided that the appropriate congressional committees

would promulgate regulations prohibiting tobacco sales in vending

machines in certain congressional buildings.

-End-

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40 USC Sec. 3102 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-

Sec. 3102. Naming or designating buildings

-STATUTE-

The Administrator of General Services may name or otherwise

designate any building under the custody and control of the General

Services Administration, regardless of whether it was previously

named by statute.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3102 40:298d. June 16, 1949, ch. 218,

title IV, Sec. 410, 63 Stat.

200; Pub. L. 85-542, July

18, 1958, 72 Stat. 399.

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The words "notwithstanding any other provision of law" and

"rename" are omitted as unnecessary.

-End-

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40 USC Sec. 3103 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-

Sec. 3103. Admission of guide dogs or other service animals

accompanying individuals with disabilities

-STATUTE-

(a) In General. - Guide dogs or other service animals

accompanying individuals with disabilities and especially trained

and educated for that purpose shall be admitted to any building or

other property owned or controlled by the Federal Government on the

same terms and conditions, and subject to the same regulations, as

generally govern the admission of the public to the property. The

animals are not permitted to run free or roam in a building or on

the property and must be in guiding harness or on leash and under

the control of the individual at all times while in a building or

on the property.

(b) Regulations. - The head of each department or other agency of

the Government may prescribe regulations the individual considers

necessary in the public interest to carry out this section as it

applies to any building or other property subject to the

individual's jurisdiction.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3103(a) 40:291 (1st Dec. 10, 1941, ch. 563, 55

sentence). Stat. 796.

3103(b) 40:291 (last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "Seeing-eye dogs or other" are

omitted as unnecessary. The words "or other service animals" are

added, and the words "individuals with disabilities" are

substituted for "blind masters", because of section 504 of the

Rehabilitation Act of 1973 (29 U.S.C. 794) and Part 39 of Title 28

of the Code of Federal Regulations, which expanded the coverage of

the source provision to all service animals and to all individuals

with disabilities.

-End-

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40 USC Sec. 3104 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-

Sec. 3104. Furniture for new buildings

-STATUTE-

Furniture for all new public buildings shall be acquired in

accordance with plans and specifications approved by the

Administrator of General Services.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3104 40:283. May 27, 1908, ch. 200 1

[sic] (7th complete par. on

p. 327), 35 Stat. 327.

--------------------------------------------------------------------

The words "Administrator of General Services" are substituted for

"Supervising Architect of the Treasury" [subsequently changed to

"Secretary of the Treasury" because of section 1 of Executive Order

No. 6166 (eff. June 10, 1933) and to "Federal Works Administrator"

because of section 301 of Reorganization Plan No. I of 1939 (eff.

July 1, 1939, 53 Stat. 1426)] 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.

-End-

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40 USC Sec. 3105 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-

Sec. 3105. Buildings not to be draped in mourning

-STATUTE-

No building owned, or used for public purposes, by the Federal

Government shall be draped in mourning nor may public money be used

for that purpose.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3105 40:286. Mar. 3, 1893, ch. 211, Sec.

3, 27 Stat. 715.

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The words "On and after March 3, 1893" are omitted as obsolete.

-End-

-CITE-

40 USC SUBCHAPTER II - ACQUIRING LAND 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

SUBCHAPTER II - ACQUIRING LAND

-End-

-CITE-

40 USC Sec. 3111 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3111. Approval of sufficiency of title prior to acquisition

-STATUTE-

(a) Approval of Attorney General Required. - Public money may not

be expended to purchase land or any interest in land unless the

Attorney General gives prior written approval of the sufficiency of

the title to the land for the purpose for which the Federal

Government is acquiring the property.

(b) Delegation. -

(1) In general. - The Attorney General may delegate the

responsibility under this section to other departments and

agencies of the Government, subject to general supervision by the

Attorney General and in accordance with regulations the Attorney

General prescribes.

(2) Request for opinion of attorney general. - A department or

agency of the Government that has been delegated the

responsibility to approve land titles under this section may

request the Attorney General to render an opinion as to the

validity of the title to any real property or interest in the

property, or may request the advice or assistance of the Attorney

General in connection with determinations as to the sufficiency

of titles.

Except where otherwise authorized by law or provided by contract,

the expenses of procuring certificates of titles or other evidences

of title as the Attorney General may require may be paid out of the

appropriations for the acquisition of land or out of the

appropriations made for the contingencies of the acquiring

department or agency of the Government.

(d) Nonapplication. - This section does not affect any provision

of law in effect on September 1, 1970, that is applicable to the

acquisition of land or interests in land by the Tennessee Valley

Authority.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3111(a) 40:255 (1st par.). R.S. Sec. 355 (1st-5th

pars.); June 28, 1930, ch.

710, 46 Stat. 828; Feb. 1,

1940, ch. 18, 54 Stat. 19;

Oct. 9, 1940, ch. 793, 54

Stat. 1083; Pub. L. 91-393,

Sec. 1, Sept. 1, 1970, 84

Stat. 835.

3111(b) 40:255 (2d, 3d

pars.).

3111(c) 40:255 (4th par.).

3111(d) 40:255 (5th par.).

--------------------------------------------------------------------

In subsection (d), the words "in any manner" are omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2250a; title 10

sections 2684a, 2852, 18239; title 16 sections 343b, 430a, 441i,

571c; title 22 section 1471; title 36 section 2103; title 38

section 115; title 42 sections 1502, 1594a, 2224, 5196; title 50

App. section 460.

-End-

-CITE-

40 USC Sec. 3112 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3112. Federal jurisdiction

-STATUTE-

(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.

has not been accepted until the Government accepts jurisdiction

over land as provided in this section.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3112(a) 40:255 (last par. R.S. Sec. 355 (last par.);

1st sentence words June 28, 1930, ch. 710, 46

before semicolon). 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2250a; title 16

sections 343b, 430a, 441i, 571c; title 22 section 1471; title 42

sections 1502, 1594a, 2224, 5196; title 50 App. section 460.

-End-

-CITE-

40 USC Sec. 3113 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3113. Acquisition by condemnation

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3113 40:257. Aug. 1, 1888, ch. 728, Sec.

1, 25 Stat. 357; June 25,

1948, ch. 646, Sec. 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.).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1103; title 16

sections 47e, 81e, 159a, 231b, 242, 263, 403i, 423n, 425a, 430a,

430k, 430u, 430nn, 433c, 433h, 447b, 449, 450m, 450p, 459a; title

25 sections 500a, 941j, 1724, 1754; title 42 sections 1594a, 2222;

title 43 section 1522.

-End-

-CITE-

40 USC Sec. 3114 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3114. Declaration of taking

-STATUTE-

(a) Filing and Content. - In any proceeding in any court of the

United States outside of the District of Columbia brought by and in

the name of the United States and under the authority of the

Federal Government to acquire land, or an easement or right of way

in land, for the public use, the petitioner may file, with the

petition or at any time before judgment, a declaration of taking

signed by the authority empowered by law to acquire the land

described in the petition, declaring that the land is taken for the

use of the Government. The declaration of taking shall contain or

have annexed to it -

(1) a statement of the authority under which, and the public

use for which, the land is taken;

(2) a description of the land taken that is sufficient to

identify the land;

(3) a statement of the estate or interest in the land taken for

public use;

(4) a plan showing the land taken; and

(5) a statement of the amount of money estimated by the

acquiring authority to be just compensation for the land taken.

(b) Vesting of Title. - On filing the declaration of taking and

depositing in the court, to the use of the persons entitled to the

compensation, the amount of the estimated compensation stated in

the declaration -

(1) title to the estate or interest specified in the

declaration vests in the Government;

(2) the land is condemned and taken for the use of the

Government; and

(3) the right to just compensation for the land vests in the

persons entitled to the compensation.

(1) Determination and award. - Compensation shall be determined

and awarded in the proceeding and established by judgment. The

judgment shall include interest, in accordance with section 3116

of this title, on the amount finally awarded as the value of the

property as of the date of taking and shall be awarded from that

date to the date of payment. Interest shall not be allowed on as

much of the compensation as has been paid into the court. Amounts

paid into the court shall not be charged with commissions or

poundage.

(2) Order to pay. - On application of the parties in interest,

the court may order that any part of the money deposited in the

court be paid immediately for or on account of the compensation

to be awarded in the proceeding.

(3) Deficiency judgment. - If the compensation finally awarded

is more than the amount of money received by any person entitled

to compensation, the court shall enter judgment against the

Government for the amount of the deficiency.

(d) Authority of Court. - On the filing of a declaration of

taking, the court -

(1) may fix the time within which, and the terms on which, the

parties in possession shall be required to surrender possession

to the petitioner; and

(2) may make just and equitable orders in respect of

encumbrances, liens, rents, taxes, assessments, insurance, and

other charges.

(e) Vesting Not Prevented or Delayed. - An appeal or a bond or

undertaking given in a proceeding does not prevent or delay the

vesting of title to land in the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1145.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3114(a) 40:258a (1st par.). Feb. 26, 1931, ch. 307, Sec.

1, 46 Stat. 1421; Pub. L.

99-656, Sec. 1(1), Nov. 14,

1986, 100 Stat. 3668.

3114(b) 40:258a (2d par.

1st sentence words

before 1st

semicolon).

3114(c)(1) 40:258a (2d par.

1st sentence words

after 1st

semicolon, last

sentence).

3114(c)( 40:258a (3d par.).

2), (3)

3114(d) 40:258a (last par.).

3114(e) 40:258b. Feb. 26, 1931, ch. 307, Sec.

2, 46 Stat. 1422.

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In subsection (a), before clause (1), the words "which has been

or may be" are omitted as unnecessary.

In subsection (b)(1), the words "said lands in fee simple

absolute, or such less" are omitted as unnecessary.

In subsection (b)(2), the words "deemed to be" are omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3115, 3116, 3118 of this

title; title 10 section 7422; title 16 sections 79c, 831c; title 25

sections 500a, 941j, 1724, 1754; title 33 section 598; title 39

section 410; title 42 sections 1502, 1592d, 1594a, 2222, 4651;

title 43 section 1522.

-End-

-CITE-

40 USC Sec. 3115 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3115. Irrevocable commitment of Federal Government to pay

ultimate award when fixed

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1146.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3115(a) 40:258c. Feb. 26, 1931, ch. 307, Sec.

3, 46 Stat. 1422.

3115(b) 40:258e. Feb. 26, 1931, ch. 307, Sec.

5, 46 Stat. 1422; Pub. L.

91-393, Sec. 4, Sept. 1,

1970, 84 Stat. 835.

--------------------------------------------------------------------

In subsection (b), the words "possession of" are omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7422; title 16

section 831c; title 25 section 500a; title 33 section 598; title 39

section 410; title 42 sections 1502, 1594a, 2222.

-End-

-CITE-

40 USC Sec. 3116 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3116. Interest as part of just compensation

-STATUTE-

(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).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1146.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3116(a) 40:258e-1 (less Feb. 26, 1931, ch. 307, Sec.

last sentence). 6, as added Pub. L. 99-656,

Sec. 1(2), Nov. 14, 1986,

100 Stat. 3668; Pub. L.

106-554, Sec. 1(a)(7) [Sec.

307(a)], Dec. 21, 2000, 114

Stat. 2763A-635.

3116(b) 40:258e-1 (last

sentence).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3114 of this title; title

10 section 7422; title 25 section 500a; title 33 section 598; title

39 section 410; title 42 sections 1502, 1594a, 2222.

-End-

-CITE-

40 USC Sec. 3117 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3117. Exclusion of certain property by stipulation of Attorney

General

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3117 40:258f. Oct. 21, 1942, ch. 618, 56

Stat. 797.

--------------------------------------------------------------------

The words "that may have been, or may be" are omitted as

unnecessary.

-End-

-CITE-

40 USC Sec. 3118 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER II - ACQUIRING LAND

-HEAD-

Sec. 3118. Right of taking as addition to existing rights

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3118 40:258d. Feb. 26, 1931, ch. 307, Sec.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7422; title 16

section 831c; title 25 section 500a; title 33 section 598; title 39

section 410; title 42 sections 1502, 1594a, 2222.

-End-

-CITE-

40 USC SUBCHAPTER III - BONDS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER III - BONDS

-HEAD-

SUBCHAPTER III - BONDS

-End-

-CITE-

40 USC Sec. 3131 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER III - BONDS

-HEAD-

Sec. 3131. Bonds of contractors of public buildings or works

-STATUTE-

(a) Definition. - In this subchapter, the term "contractor" means

a person awarded a contract described in subsection (b).

(b) Type of Bonds Required. - Before any contract of more than

$100,000 is awarded for the construction, alteration, or repair of

any public building or public work of the Federal Government, a

person must furnish to the Government the following bonds, which

become binding when the contract is awarded:

(1) Performance bond. - A performance bond with a surety

satisfactory to the officer awarding the contract, and in an

amount the officer considers adequate, for the protection of the

Government.

(2) Payment bond. - A payment bond with a surety satisfactory

to the officer for the protection of all persons supplying labor

and material in carrying out the work provided for in the

contract for the use of each person. The amount of the payment

bond shall equal the total amount payable by the terms of the

contract unless the officer awarding the contract determines, in

a writing supported by specific findings, that a payment bond in

that amount is impractical, in which case the contracting officer

shall set the amount of the payment bond. The amount of the

payment bond shall not be less than the amount of the performance

bond.

(1) In general. - Every performance bond required under this

section specifically shall provide coverage for taxes the

Government imposes which are collected, deducted, or withheld

from wages the contractor pays in carrying out the contract with

respect to which the bond is furnished.

(2) Notice. - The Government shall give the surety on the bond

written notice, with respect to any unpaid taxes attributable to

any period, within 90 days after the date when the contractor

files a return for the period, except that notice must be given

no later than 180 days from the date when a return for the period

was required to be filed under the Internal Revenue Code of 1986

(26 U.S.C. 1 et seq.).

(3) Civil action. - The Government may not bring a civil action

on the bond for the taxes -

(A) unless notice is given as provided in this subsection;

and

(B) more than one year after the day on which notice is

given.

(d) Waiver of Bonds for Contracts Performed in Foreign Countries.

- A contracting officer may waive the requirement of a performance

bond and payment bond for work under a contract that is to be

performed in a foreign country if the officer finds that it is

impracticable for the contractor to furnish the bonds.

(e) Authority to Require Additional Bonds. - This section does

not limit the authority of a contracting officer to require a

performance bond or other security in addition to those, or in

cases other than the cases, specified in subsection (b).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3131(a) 40:270a(a) (words Aug. 24, 1935, ch. 642, Sec.

before cl. (1) 1(a)-(c), 49 Stat. 793; Pub.

related to L. 95-585, Nov. 2, 1978, 92

definition). Stat. 2484; Pub. L. 103-355,

title IV, Sec.

4104(b)(1)(B), Oct. 13,

1994, 108 Stat. 3342; Pub.

L. 106-49, Sec. 2(a), Aug.

17, 1999, 113 Stat. 231.

40:270d. Aug. 24, 1935, ch. 642, Sec.

4, 49 Stat. 794.

3131(b) 40:270a(a) (words

before cl. (1)

related to

furnishing bond),

(1), (2).

40:270d-1. Aug. 24, 1935, ch. 642, Sec.

5, as added Pub. L. 103-355,

title IV, Sec.

4104(b)(1)(A), Oct. 13,

1994, 108 Stat. 3341.

3131(c) 40:270a(d). Aug. 24, 1935, ch. 642, Sec.

1(d), as added Pub. L.

89-719, title I, Sec.

105(b), Nov. 2, 1966, 80

Stat. 1139.

3131(d) 40:270a(b).

3131(e) 40:270a(c).

--------------------------------------------------------------------

In subsection (a), the text of 40:270d is omitted because of 1:1.

In subsections (b) and (c), the words "or sureties" are omitted

because of 1:1.

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (c)(2),

is classified to Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3132, 3133 of this title;

title 10 section 2701; title 15 section 636; title 25 sections 47a,

1656; title 31 section 9303; title 39 section 410; title 42

sections 1594, 9619, 11707.

-End-

-CITE-

40 USC Sec. 3132 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER III - BONDS

-HEAD-

Sec. 3132. Alternatives to payment bonds provided by Federal

Acquisition Regulation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1148.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3132 40:270a note. Pub. L. 103-355, title IV,

Sec. 4104(b)(2), Oct. 13,

1994, 108 Stat. 3342.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 3133 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER III - BONDS

-HEAD-

Sec. 3133. Rights of persons furnishing labor or material

-STATUTE-

(a) Right of Person Furnishing Labor or Material to Copy of Bond.

- The department secretary or agency head of the contracting agency

shall furnish a certified copy of a payment bond and the contract

for which it was given to any person applying for a copy who

submits an affidavit that the person has supplied labor or material

for work described in the contract and payment for the work has not

been made or that the person is being sued on the bond. The copy is

prima facie evidence of the contents, execution, and delivery of

the original. Applicants shall pay any fees the department

secretary or agency head of the contracting agency fixes to cover

the cost of preparing the certified copy.

(b) Right to Bring a Civil Action. -

(1) In general. - Every person that has furnished labor or

material in carrying out work provided for in a contract for

which a payment bond is furnished under section 3131 of this

title and that has not been paid in full within 90 days after the

day on which the person did or performed the last of the labor or

furnished or supplied the material for which the claim is made

may bring a civil action on the payment bond for the amount

unpaid at the time the civil action is brought and may prosecute

the action to final execution and judgment for the amount due.

(2) Person having direct contractual relationship with a

subcontractor. - A person having a direct contractual

relationship with a subcontractor but no contractual

relationship, express or implied, with the contractor furnishing

the payment bond may bring a civil action on the payment bond on

giving written notice to the contractor within 90 days from the

date on which the person did or performed the last of the labor

or furnished or supplied the last of the material for which the

claim is made. The action must state with substantial accuracy

the amount claimed and the name of the party to whom the material

was furnished or supplied or for whom the labor was done or

performed. The notice shall be served -

(A) by any means that provides written, third-party

verification of delivery to the contractor at any place the

contractor maintains an office or conducts business or at the

contractor's residence; or

(B) in any manner in which the United States marshal of the

district in which the public improvement is situated by law may

serve summons.

(3) Venue. - A civil action brought under this subsection must

be brought -

(A) in the name of the United States for the use of the

person bringing the action; and

(B) in the United States District Court for any district in

which the contract was to be performed and executed, regardless

of the amount in controversy.

(4) Period in which action must be brought. - An action brought

under this subsection must be brought no later than one year

after the day on which the last of the labor was performed or

material was supplied by the person bringing the action.

(5) Liability of federal government. - The Government is not

liable for the payment of any costs or expenses of any civil

action brought under this subsection.

bond required under this subchapter is void unless the waiver is -

(1) in writing;

(2) signed by the person whose right is waived; and

(3) executed after the person whose right is waived has

furnished labor or material for use in the performance of the

contract.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1148.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3133(a) 40:270c. Aug. 24, 1935, ch. 642, Sec.

3, 49 Stat. 794; Pub. L.

86-135, Sec. 2, Aug. 4,

1959, 73 Stat. 279; Pub. L.

98-269, Apr. 18, 1984, 98

Stat. 156.

3133(b)( 40:270b(a). Aug. 24, 1935, ch. 642, Sec.

1), (2) 2(a), (b), 49 Stat. 794;

Pub. L. 86-135, Sec. 1, Aug.

4, 1959, 73 Stat. 279; Pub.

L. 106-49, Sec. 2(b), Aug.

17, 1999, 113 Stat. 231.

3133(b)(3)- 40:270b(b).

(5)

3133(c) 40:270b(c). Aug. 24, 1935, ch. 642, Sec.

2(c), as added Pub. L.

106-49, Sec. 2(c), Aug. 17,

1999, 113 Stat. 231.

--------------------------------------------------------------------

In subsection (b)(1), the words "may bring a civil action" are

substituted for "shall have the right to sue" for consistency in

the revised title and with other titles of the United States Code.

The words "or sums" are omitted because of 1:1.

In subsection (b)(2), the words "to the contractor at any place

he maintains an office or conducts his business, or his residence,

or in any manner in which the United States marshal of the district

in which the public improvement is situated is authorized by law to

serve summons" are restated to reflect the probable intent of

Congress. See H. Rept. 106-277, Part 1, 106th Cong., 1st Sess., pp.

4, 7.

In subsection (c), the words "bring a civil action" are

substituted for "sue" for consistency in the revised title and with

other titles of the United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2701; title 15

section 636; title 25 sections 47a, 1656; title 31 sections 3905,

9303; title 39 section 410; title 42 sections 9619, 11707.

-End-

-CITE-

40 USC Sec. 3134 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER III - BONDS

-HEAD-

Sec. 3134. Waivers for certain contracts

-STATUTE-

(a) Military. - The Secretary of the Army, the Secretary of the

Navy, the Secretary of the Air Force, or the Secretary of

Transportation may waive this subchapter with respect to

cost-plus-a-fixed fee and other cost-type contracts for the

construction, alteration, or repair of any public building or

public work of the Federal Government and with respect to contracts

for manufacturing, producing, furnishing, constructing, altering,

repairing, processing, or assembling vessels, aircraft, munitions,

materiel, or supplies for the Army, Navy, Air Force, or Coast

Guard, respectively, regardless of the terms of the contracts as to

payment or title.

(b) Transportation. - The Secretary of Transportation may waive

this subchapter with respect to contracts for the construction,

alteration, or repair of vessels when the contract is made under

sections 1535 and 1536 of title 31, the Merchant Marine Act, 1936

(46 App. U.S.C. 1101 et seq.), or the Merchant Ship Sales Act of

1946 (50 App. U.S.C. 1735 et seq.), regardless of the terms of the

contracts as to payment or title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1149.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3134(a) 40:270e. Apr. 29, 1941, ch. 81, Sec.

1, 55 Stat. 147; June 3,

1955, ch. 129, 69 Stat. 83.

3134(b) 40:270f. Apr. 29, 1941, ch. 81, Sec.

2, as added Pub. L. 91-469,

Sec. 39, Oct. 21, 1970, 84

Stat. 1036; Pub. L. 97-31,

Sec. 12(12), Aug. 6, 1981,

95 Stat. 154.

--------------------------------------------------------------------

In subsection (a), the words "Secretary of Transportation" are

substituted for "Secretary of Commerce" because of 49:108. The

words "the manufacturing, producing, furnishing, construction,

alteration, repair, processing, or assembling of" and "of any kind

or nature" are omitted as unnecessary.

In subsection (b), the words "of any kind or nature" are omitted

as unnecessary. The words "sections 1535 and 1536 of title 31" are

substituted for "the Act of June 30, 1932 (47 Stat. 382, 417-418),

as amended [31 U.S.C. 686, 686b]" because of section 4(b) of the

Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the

first section of which enacted Title 31, United States Code.

-REFTEXT-

REFERENCES IN TEXT

The Merchant Marine Act, 1936, referred to in subsec. (b), is act

June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is

classified principally to chapter 27 (Sec. 1101 et seq.) of Title

46, Appendix, Shipping. For complete classification of this Act to

the Code, see section 1245 of Title 46, Appendix, and Tables.

The Merchant Ship Sales Act of 1946, referred to in subsec. (b),

is act Mar. 8, 1946, ch. 82, 60 Stat. 41, as amended, which is

classified to sections 1735 to 1746 of Title 50, Appendix, War and

National Defense. For complete classification of this Act to the

Code, see Short Title note set out under section 1735 of Title 50,

Appendix, and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2701; title 42

section 9619.

-End-

-CITE-

40 USC SUBCHAPTER IV - WAGE RATE REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-

SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3162 of this title;

title 50 App. sections 2095, 2096.

-End-

-CITE-

40 USC Sec. 3141 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-

Sec. 3141. Definitions

-STATUTE-

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).(!1)

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1150.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3141(1) (no source).

3141(2) 40:276a(b) (1st Mar. 3, 1931, ch. 411, Sec.

par. words before 1(b) (1st par. words before

proviso). proviso), as added Pub. L.

88-349, Sec. 1, July 2,

1964, 78 Stat. 239.

--------------------------------------------------------------------

Clause (1) is added for clarity.

-REFTEXT-

REFERENCES IN 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, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For

complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3142, 14701 of this

title; title 10 section 2304; title 12 sections 1701q, 1715c; title

15 section 3152; title 16 section 284c; title 20 sections 954, 956,

1232b, 4305, 4332; title 23 section 113; title 25 sections 450e,

458aaa-8, 1633, 4114, 4225; title 31 section 6703; title 33 section

1372; title 38 sections 8135, 8162; title 39 section 410; title 41

section 42; title 42 sections 291e, 300j-9, 300s-1, 300t-12, 1437j,

1440, 1486, 1592i, 2297g-3, 2992a, 3107, 3212, 3936, 4728, 5046,

5196, 5310, 5919, 6371j, 6708, 6728, 6881, 6979, 7614, 8013, 9604,

9839, 12836; title 49 sections 5333, 24312, 47112.

-FOOTNOTE-

(!1) So in original. The period probably should be preceded by

an additional closing parenthesis.

-End-

-CITE-

40 USC Sec. 3142 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-

Sec. 3142. Rate of wages for laborers and mechanics

-STATUTE-

(a) Application. - The advertised specifications for every

contract in excess of $2,000, to which the Federal Government or

the District of Columbia is a party, for construction, alteration,

or repair, including painting and decorating, of public buildings

and public works of the Government or the District of Columbia that

are located in a State or the District of Columbia and which

requires or involves the employment of mechanics or laborers shall

contain a provision stating the minimum wages to be paid various

classes of laborers and mechanics.

(b) Based on Prevailing Wage. - The minimum wages shall be based

on the wages the Secretary of Labor determines to be prevailing for

the corresponding classes of laborers and mechanics employed on

projects of a character similar to the contract work in the civil

subdivision of the State in which the work is to be performed, or

in the District of Columbia if the work is to be performed there.

upon the specifications referred to in subsection (a) must contain

stipulations that -

(1) the contractor or subcontractor shall pay all mechanics and

laborers employed directly on the site of the work,

unconditionally and at least once a week, and without subsequent

deduction or rebate on any account, the full amounts accrued at

time of payment, computed at wage rates not less than those

stated in the advertised specifications, regardless of any

contractual relationship which may be alleged to exist between

the contractor or subcontractor and the laborers and mechanics;

(2) the contractor will post the scale of wages to be paid in a

prominent and easily accessible place at the site of the work;

and

(3) there may be withheld from the contractor so much of

accrued payments as the contracting officer considers necessary

to pay to laborers and mechanics employed by the contractor or

any subcontractor on the work the difference between the rates of

wages required by the contract to be paid laborers and mechanics

on the work and the rates of wages received by the laborers and

mechanics and not refunded to the contractor or subcontractors or

their agents.

(d) Discharge of Obligation. - The obligation of a contractor or

subcontractor to make payment in accordance with the prevailing

wage determinations of the Secretary of Labor, under this

subchapter and other laws incorporating this subchapter by

reference, may be discharged by making payments in cash, by making

contributions described in section 3141(2)(B)(i) of this title, by

assuming an enforceable commitment to bear the costs of a plan or

program referred to in section 3141(2)(B)(ii) of this title, or by

any combination of payment, contribution, and assumption, where the

aggregate of the payments, contributions, and costs is not less

than the basic hourly rate of pay plus the amount referred to in

section 3141(2)(B).

(e) Overtime Pay. - In determining the overtime pay to which a

laborer or mechanic is entitled under any federal law, the regular

or basic hourly rate of pay (or other alternative rate on which

premium rate of overtime compensation is computed) of the laborer

or mechanic is deemed to be the rate computed under section

3141(2)(A) of this title, except that where the amount of payments,

contributions, or costs incurred with respect to the laborer or

mechanic exceeds the applicable prevailing wage, the regular or

basic hourly rate of pay (or other alternative rate) is the amount

of payments, contributions, or costs actually incurred with respect

to the laborer or mechanic minus the greater of the amount of

contributions or costs of the types described in section 3141(2)(B)

of this title actually incurred with respect to the laborer or

mechanic or the amount determined under section 3141(2)(B) but not

actually paid.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1150.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3142(a), 40:276a(a) (words Mar. 3, 1931, ch. 411, Sec.

(b) before 1st 1(a), 46 Stat. 1494; Aug.

semicolon). 30, 1935, ch. 825, 49 Stat.

1011; June 15, 1940, ch.

373, Sec. 1, 54 Stat. 399;

Pub. L. 86-624, Sec. 26,

July 12, 1960, 74 Stat. 418;

Pub. L. 88-349, Sec. 1, July

2, 1964, 78 Stat. 238.

3142(c) 40:276a(a) (words

after 1st

semicolon).

3142(d) 40:276a(b) (1st Mar. 3, 1931, ch. 411, Sec.

par. proviso). 1(b) (1st par. proviso, last

par.), as added Pub. L.

88-349, Sec. 1, July 2,

1964, 78 Stat. 239.

3142(e) 40:276a(b) (last

par.).

--------------------------------------------------------------------

In subsection (a), the words "a State" are substituted for "the

geographical limits of the States of the Union" for consistency in

the revised title and with other titles of the United States Code

and to eliminate unnecessary words.

In subsection (b), the words "city, town, village, or other" are

omitted as unnecessary.

In subsection (d), the words "of a type" are omitted as

unnecessary. The words "basic hourly rate of pay" are substituted

for "rate of pay described in paragraph (1)" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14701 of this title; title

10 section 2304; title 12 sections 1701q, 1715c; title 15 section

3152; title 16 section 284c; title 20 sections 954, 956, 1232b,

4305, 4332; title 23 section 113; title 25 sections 450e, 458aaa-8,

1633, 4114, 4225; title 31 section 6703; title 33 section 1372;

title 38 sections 8135, 8162; title 39 section 410; title 41

section 42; title 42 sections 291e, 300j-9, 300s-1, 300t-12, 1437j,

1440, 1486, 1592i, 2297g-3, 2992a, 3107, 3212, 3936, 4728, 5046,

5196, 5310, 5919, 6371j, 6708, 6728, 6881, 6979, 7614, 8013, 9604,

9839, 12836; title 49 sections 5333, 24312, 47112.

-End-

-CITE-

40 USC Sec. 3143 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 31 - GENERAL

SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-

Sec. 3143. Termination of work on failure to pay agreed wages

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1151.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3143 40:276a-1. Mar. 3, 1931, ch. 411, Sec.

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.