republic-os/legal/us/code/title-40/chapter-37/section-3701.md

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LegalText	40 U.S.C. § 3701	Definition and application	us	united_states_code	code_section	40	PUBLIC BUILDINGS, PROPERTY, AND WORKS	37	CONTRACT WORK HOURS AND SAFETY STANDARDS	3701	40 U.S.C. § 3701	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip	/us/usc/t40/s3701	data/legal/raw/us/code/title-40/usc40.xml	3b14784b7a71843f5da8583c0b1b7319dd1abe7fd5da21dc1613c2b0e2b3f57c	9e671d5f37f9148634c9ba568a4c16d4864b567130b66bcf607f680414560a29	05db72527ba30b6e72eb7c70cea400bd98b9a20359eb17caa195765df0a45b05	2026-07-04	official	legal us-code

40 U.S.C. § 3701 - Definition and application

Text

(a) Definition.— In this chapter, the term “Federal Government” has the same meaning that the term “United States” had in the Contract Work Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357).

(b) Application.— (1) Contracts.— This chapter applies to—

(A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and

(B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one—

(i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party;

(ii) which is made for or on behalf of the Government, an agency or instrumentality, a territory, or the District of Columbia; or

(iii) which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work.

(2) Laborers and mechanics.— This chapter applies to all laborers and mechanics employed by a contractor or subcontractor in the performance of any part of the work under the contract—

(A) including watchmen, guards, and workers performing services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; but

(B) not including an employee employed as a seaman.

(3) Exceptions.— (A) This chapter.— This chapter does not apply to—

(i) a contract for—

(I) transportation by land, air, or water;

(II) the transmission of intelligence; or

(III) the purchase of supplies or materials or articles ordinarily available in the open market;

(ii) any work required to be done in accordance with the provisions of chapter 65 of title 41; and

(iii) a contract in an amount that is not greater than $100,000.

(B) Section 3702.— Section 3702 of this title does not apply to work where the assistance described in paragraph (1)(B)(iii) from the Government or an agency or instrumentality is only a loan guarantee or insurance.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, § 6(14), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, § 5(l)(19), Jan. 4, 2011, 124 Stat. 3852.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3701(a)(no source). 3701(b)(1)40:329(a) (1st sentence less proviso).Pub. L. 87–581, title I, § 103(a), (b), Aug. 13, 1962, 76 Stat. 358. 3701(b)(2)40:329(a) (last sentence). 3701(b)(3) (A)(i), (ii)40:329(b). 3701(b)(3) (A)(iii)40:329(c).Pub. L. 87–581, title I, § 103(c), as added Pub. L. 103–355, title IV, § 4104(c)(1), Oct. 13, 1994, 108 Stat. 3342. 3701(b)(3)(B)40:329(a) (1st sentence proviso). Subsection (a) is added for clarity. In subsection (b)(1), before clause (A), the words “except as otherwise provided” are omitted as unnecessary. In subsection (b)(2), before clause (A), the words “Except as otherwise expressly provided” are omitted as unnecessary. In subsection (b)(3)(A)(ii), the words “Walsh-Healey Act” are substituted for [“]Walsh-Healey Public Contracts Act” to use the correct short title of the Act.

Editorial Notes

References in TextThe Contract Work Hours and Safety Standards Act, referred to in subsec. (a), is title I of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357, which was classified generally to subchapter II (§ 327 et seq.) of chapter 5 of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as this chapter by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 101 of title I of Pub. L. 87–581 was classified to section 327 of former Title 40 and was repealed and not reenacted by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.

Amendments2011—Subsec. (b)(3)(A)(ii). Pub. L. 111–350 substituted “chapter 65 of title 41” for “the Walsh-Healey Act (41 U.S.C. 35 et seq.)”. 2006—Subsec. (b)(3)(B). Pub. L. 109–284 substituted “3702” for “3902” in heading and text and “paragraph (1)(B)(iii)” for “subsection (a)(2)(C)” in text.