2011 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle II - PUBLIC BUILDINGS AND WORKS (§§ 3101 - 9507)
Part A - GENERAL (§§ 3101 - 3708)
Chapter 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS (§§ 3701 - 3708)
Section 3704 - Health and safety standards in building trades and construction industry
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS Sec. 3704 - Health and safety standards in building trades and construction industry |
Contains | section 3704 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1172; Pub. L. 109-284, §6(16), (17), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111-350, §5(<em>l</em>)(20), Jan. 4, 2011, 124 Stat. 3852. |
Statutes at Large References | 64 Stat. 1267 80 Stat. 631 83 Stat. 96 86 Stat. 776 108 Stat. 3342 116 Stat. 1172 120 Stat. 1213 124 Stat. 3852 |
Public Law References | Public Law 87-581, Public Law 89-554, Public Law 91-54, Public Law 92-463, Public Law 103-355, Public Law 107-217, Public Law 109-284, Public Law 111-350 |
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(a)
(1)
(2)
(b)
(1)
(2)
(A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may cancel the contract and make other contracts for the completion of the contract work, charging any additional cost to the original contractor; or
(B) section 3701(b)(1)(B)(iii) of this title, the governmental agency which is providing the financial guarantee, assistance, or insurance for the contract work may withhold the guarantee, assistance, or insurance attributable to the performance of the contract.
(3)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A) Three members shall be individuals representative of contractors to whom this section applies.
(B) Three members shall be individuals representative of employees primarily in the building trades and construction industry engaged in carrying out contracts to which this section applies.
(C) Three members shall be public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field.
(3)
(4)
(A) in formulating construction safety and health standards and other regulations; and
(B) on policy matters arising in carrying out this section.
(5)
(6)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1172; Pub. L. 109–284, §6(16), (17), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(20), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3704(a) | 40:333(a). | Pub. L. 87–581, title I, §107(a)–(e), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 96; Pub. L. 103–355, title IV, §4104(c)(2), Oct. 13, 1994, 108 Stat. 3342. |
3704(b) | 40:333(b), (c). | |
3704(c) | 40:333(d). | |
3704(d) | 40:333(e). |
In subsection (a)(1), the words “in an amount greater than $100,000” are substituted for “(other than a contract referred to in section 329(c) of this title)” for clarity.
In subsection (b), the text of 40:333(c) is omitted as unnecessary because the district courts have jurisdiction on all civil actions involving a federal question since the requirement of a threshold amount in controversy was deleted. In paragraph (2)(B), the words “guarantee” and “insurance” are added for consistency in this section and with section 3701(b)(1)(B)(iii) of the revised title.
In subsection (c)(2), the words “The Secretary shall end the ban” are substituted for “he [sic] shall terminate the application of the preceding sentence to such contractor or subcontractor (and to any person in which the contractor or subcontractor has a substantial interest)” for clarity and to eliminate unnecessary words. The word “thereafter” is omitted as unnecessary.
In subsection (c)(3), the words “as provided in section 2112 of title 28”, “make and”, and “upon certiorari or certification” are omitted as unnecessary.
In subsection (d)(2), before clause (A), the words “chapter 33 of title 5” are substituted for “the civil service laws” 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 5, United States Code.
In subsection (d)(6), the words “expenses under section 5703 of title 5” are substituted for 40:333(e)(3)(words after semicolon) to eliminate unnecessary words.
References in TextReorganization Plan Numbered 14 of 1950, referred to in subsec. (a)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments2011—Subsec. (b)(1). Pub. L. 111–350 substituted “sections 6506 and 6507 of title 41” for “sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39)”.
2006—Subsec. (a)(1). Pub. L. 109–284, §6(16), inserted “of title 5” after “authorized by section 553”.
Subsec. (a)(2). Pub. L. 109–284, §6(17), struck out “of this section” after “subsection (d)”.
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
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