2019 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy
Division B - Office of Federal Procurement Policy
Chapter 23 - Miscellaneous
Sec. 2309 - Protection of constitutional rights of contractors

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Citation 41 U.S.C. § 2309 (2019)
Section Name §2309. Protection of constitutional rights of contractors
Section Text

(a) Prohibition on Requiring Waiver of Rights.—A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive a right under the Constitution for a purpose relating to the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as defined in section 3 of that Act (22 U.S.C. 6701)).

(b) Permissible Contract Clauses.—Subsection (a) does not prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections to ensure that the contractor is performing the contract in accordance with the provisions of the contract.

Source Credit

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3738.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
2309 41:436. Pub. L. 93–400, §40, formerly §39, as added Pub. L. 105–277, title III, §308(a), Oct. 21, 1998, 112 Stat. 2681–879; renumbered §40, Pub. L. 108–136, title XIV, §1431(d)(2), Nov. 24, 2003, 117 Stat. 1672.

In subsection (a), the reference is to the Chemical Weapons Convention Implementation Act of 1998 rather than the Chemical Weapons Convention Implementation Act of 1997 to correct an error in the source provision.

REFERENCES IN TEXT

The Chemical Weapons Convention Implementation Act of 1998, referred to in subsec. (a), is Pub. L. 105–277, div. I, Oct. 21, 1998, 112 Stat. 2681–856, which is classified principally to chapter 75 (§6701 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 6701 of Title 22 and Tables.

Publication Title United States Code, 2018 Edition, Supplement 1, Title 41 - PUBLIC CONTRACTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 41 - PUBLIC CONTRACTS
Subtitle I - Federal Procurement Policy
Division B - Office of Federal Procurement Policy
CHAPTER 23 - MISCELLANEOUS
Sec. 2309 - Protection of constitutional rights of contractors
Contains section 2309
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 112 Stat. 2681-856, 2681-879
117 Stat. 1672
124 Stat. 3738
Public Law References Public Law 93-400, Public Law 105-277, Public Law 108-136, Public Law 111-350
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