
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC329]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
          CHAPTER 5--HOURS OF LABOR AND SAFETY ON PUBLIC WORKS
 
         SUBCHAPTER II--CONTRACT WORK HOURS AND SAFETY STANDARDS
 
Sec. 329. Contracts subject to this subchapter; workers covered; 
        exceptions
        

(a) Contracts involving employment of laborers or mechanics

    The provisions of this subchapter shall apply, except as otherwise 
provided, to any contract which may require or involve the employment of 
laborers or mechanics upon a public work of the United States, of any 
territory, or of the District of Columbia, and to any other contract 
which may require or involve the employment of laborers or mechanics if 
such contract is one (1) to which the United States or any agency or 
instrumentality thereof, any territory, or the District of Columbia is a 
party, or (2) which is made for or on behalf of the United States, any 
agency or instrumentality thereof, any territory, or the District of 
Columbia, or (3) which is a contract for work financed in whole or in 
part by loans or grants from, or loans insured or guaranteed by, the 
United States or any agency or instrumentality thereof under any statute 
of the United States providing wage standards for such work: Provided, 
That the provisions of section 328 of this title, shall not apply to 
work where the assistance from the United States or any agency or 
instrumentality as set forth above is only in that nature of a loan 
guarantee, or insurance. Except as otherwise expressly provided, the 
provisions of this subchapter shall apply to all laborers and mechanics, 
including watchmen and guards, employed by any contractor or 
subcontractor in the performance of any part of the work contemplated by 
any such contract, and for purposes of this subchapter, laborers and 
mechanics shall include workmen performing services in connection with 
dredging or rock excavation in any river or harbor of the United States 
or of any territory or of the District of Columbia, but shall not 
include any employee employed as a seaman.

(b) Exceptions

    This subchapter shall not apply to contracts for transportation by 
land, air, or water, or for the transmission of intelligence, or for the 
purchase of supplies or materials or articles ordinarily available in 
the open market. This subchapter shall not apply with respect to any 
work required to be done in accordance with the provisions of the Walsh-
Healey Public Contracts Act.

(c) Inapplicability to small contracts

    This subchapter does not apply to a contract in an amount that is 
not greater than $100,000.

(Pub. L. 87-581, title I, Sec. 103, Aug. 13, 1962, 76 Stat. 358; Pub. L. 
103-355, title IV, Sec. 4104(c)(1), Oct. 13, 1994, 108 Stat. 3342.)

                       References in Text

    The Walsh-Healey Public Contracts Act, referred to in subsec. (b), 
probably means act June 30, 1936, ch. 881, 49 Stat. 2036, as amended, 
known as the Walsh-Healey Act, which is classified generally to sections 
35 to 45 of Title 41, Public Contracts. For complete classification of 
this Act to the Code, see Short Title note set out under section 35 of 
Title 41 and Tables. See also section 262 of Title 29, Labor.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-355 added subsec. (c).


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.

                  Section Referred to in Other Sections

    This section is referred to in sections 328, 330, 333 of this title.
