during the emergency existing July 9, 1918, may have been purchased, acquired, or manufactured by the United States: Provided further, That sales of guns and ammunition made under the authority contained in this section or any other Act shall be limited to sales to other departments of the Government and to foreign States or Governments engaged in war against any Government with which the United States is at war, and to members of the National Rifle Association and of other recognized associations organized in the United States for the encouragement of small-arms target practice. (July 9, 1918, ch. 143, 40 Stat. 850; Feb. 25, 1919, ch. 39, § 3, 40 Stat. 1173; May 29, 1928, ch. 901, 45 Stat. 986; Aug. 7, 1946, ch. 770, § 1(55), 60 Stat. 870.)

AMENDMENTS

1946-Act Aug. 7, 1946, repealed the same provisions, relating to reports to Congress, which were repealed by act May 29, 1928.

1928-Act May 29, 1928, discontinued report required by act July 9, 1918, to be made to Congress of money received by sales of supplies, materials, equipment, or other property purchased, acquired, or manufactured, in the United States in connection with the prosecution of the war.

1919-Act Feb. 25, 1919, repealed the following proviso: "Any moneys received by the United States as the proceeds of any such sale shall be deposited to the credit of that appropriation out of which was paid the cost to the Government of the property thus sold, and the same shall immediately become available for the purposes named in the original appropriation."

CROSS REFERENCES

Disposal of surplus property, see section 484 of this title.

88 314a, 315. Omitted

CODIFICATION

Section 314a, act June 30, 1949, ch. 286, title I, § 101, 63 Stat. 363, provided for the proceeds of sale of surplus property by the Bureau of Federal Supply to be covered into the Treasury as miscellaneous receipts. See section 485 of this title.

Section 315, act June 16, 1933, ch. 101, § 7, 48 Stat. 305, which authorized the President to increase price of services rendered or articles sold by Government upon a finding that the charge was less than cost, expired two years after June 16, 1933.

§ 316. Disposition of securities

With respect to any bonds, notes, or other securities acquired on behalf of the United States under the provisions of the Transportation Act of 1920, including, without limitation of the foregoing, any securities acquired as an incident to a case under title 11, receivership, or reorganization proceeding, or by assignment, transfer, substitution, or issuance, or by purchase, default, or other acquisition (whether at a foreclosure sale or otherwise) of collateral given for the payment of obligations to the United States, the President, or any officer, agent, or agency he may designate, is authorized to sell, exchange or otherwise dispose of, any such bonds, notes, or other securities, or to enter into arrangements for the extension of the maturity thereof, in such manner, in such amounts, at such prices, for cash, securities or other property, or any combination thereof,

and upon such terms and conditions as the President or any officer, agent, or agency so designated may deem advisable and in the public interest.

(Feb. 28, 1920, ch. 91, § 213, as added Aug. 13, 1940, ch. 666, 54 Stat. 788, and amended Nov. 6, 1978, Pub. L. 95-598, title III, § 325, 92 Stat. 2679.)

REFERENCES IN TEXT

The Transportation Act of 1920, referred to in text, is act Feb. 28, 1920, ch. 91, 41 Stat. 456, as amended, which was classified to this section, section 1375a of former Title 10, Army and Air Force, sections 131 to 146 of Title 45, Railroads, and sections 1 to 5, 6, 10 to 15a, 16, 17, 18, 19a, 20, 20a, 25 to 27, 71 to 74, 76 to 79, 141, and 142 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. Numerous sections of the Act that were classified to Title 49 were repealed by Pub. L. 95-473, § 4(b), Oct. 13, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see table at the beginning of Title 49.

CODIFICATION

Section was formerly classified to section 80 of Title 49, Transportation.

AMENDMENTS

1978-Pub. L. 95-598 substituted "case under title 11" for "bankruptcy".

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

§ 317. Repealed. Pub. L. 88-118, Sept. 6, 1963, 77 Stat. 152

Section, acts Oct. 26, 1942, ch. 629, title II, § 201, 56 Stat. 999; Oct. 26, 1949, ch. 757, 63 Stat. 930, related to the control of electric fans, water-cooling units and air-conditioning equipment in certain buildings operated by the Administrator of General Services.

§ 318. Protection of Federal property under jurisdiction of Administrator of General Services; appointment of guards as special policemen; compensation; duties; jurisdiction

The Administrator of General Services or officials of the Administration duly authorized by him may appoint uniformed guards of said Administration as special policemen without additional compensation for duty in connection with the policing of public buildings and other areas under the jurisdiction of the Administrator of General Services. Such special policemen shall have the same powers as sheriffs and constables upon such Federal property to enforce the laws enacted for the protection of persons and property, and to prevent breaches of the peace, to suppress affrays or unlawful assemblies, and to enforce any rules and regulations made and promulgated by the Administrator or such duly authorized officials of the Administration for the property under their jurisdiction: Provided, That the jurisdiction and policing powers of such special policemen shall not extend to the service of civil process and shall be restricted to Federal property over which

the United States has acquired exclusive or concurrent criminal jurisdiction.

(June 1, 1948, ch. 359, § 1, 62 Stat. 281; June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103(b) of act June 30, 1949.

EFFECTIVE Date of TransFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title.

§ 318a. Rules and regulations; posting

The Administrator of General Services or officials of the General Services Administration duly authorized by him are authorized to make all needful rules and regulations for the government of the Federal property under their charge and control, and to annex to such rules and regulations such reasonable penalties, within the limits prescribed in section 318c of this title, as will insure their enforcement: Provided, That such rules and regulations shall be posted and kept posted in a conspicuous place on such Federal property.

(June 1, 1948, ch. 359, § 2, 62 Stat. 281; June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103(b) of act June 30, 1949.

EFFECTIVE Date of TransfeR OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 318c of this title.

§ 318b. Application for protection; detail of special police; utilization of Federal law-enforcement agencies

Upon the application of the head of any department or agency of the United States having property of the United States under its administration and control and over which the United States has acquired exclusive or concurrent criminal jurisdiction, the Administrator of General Services or officials of the Administration duly authorized by him are authorized to detail any such special policemen for the protection of such property and if he deems it desirable, to extend to such property the applicability of any such regulations and to enforce the same

as set forth herein; and the Administrator of General Services or official of the Administration duly authorized by him, whenever it is deemed economical and in the public interest, may utilize the facilities and services of existing Federal law-enforcement agencies, and, with the consent of any State or local agency, the facilities and services of such State or local lawenforcement agencies.

(June 1, 1948, ch. 359, § 3, 62 Stat. 281; June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380.)

REFERENCES IN TEXT

Herein, referred to in text, means act June 1, 1948, ch. 359, 62 Stat. 281, as amended, which enacted sections 318 to 318d of this title. For complete classification of this Act to the Code, see Tables.

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103(b) of act June 30, 1949.

EFFECTIVE Date of Transfer OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title.

§ 318c. Penalties

Whoever shall violate any rule or regulation promulgated pursuant to section 318a of this title shall be fined not more 1 $50 or imprisoned not more than thirty days, or both.

(June 1, 1948, ch. 359, § 4, 62 Stat. 281.)

CROSS REFERENCES

Petty offense defined, see section 1 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 318a of this title.

§ 318d. Nonuniformed special policemen; powers; arrests without warrant

Officials or employees of the General Services Administration who have been duly au thorized to perform investigative functions may be empowered by the Administrator of General Services, or officials of General Services Administration duly authorized by him, to act as nonuniformed special policemen in order to protect property under the charge and control of the General Services Administration and to carry firearms, whether on Federal property or in travel status. Such officials or employees who are empowered to act as nonuniformed special policemen shall have, while on real property under the charge and control of the General Services Administration, the power to enforce Federal laws for the protection of persons and property and the power to enforce rules and regulations made and published for such pur

'So in original. Probably should be "not more than”.

poses by the Administrator or duly authorized officials of the General Services Administration. Any such special policeman may make arrests without warrant for any offense committed upon such property if he has reasonable ground to believe (1) the offense constitutes a felony under the laws of the United States, and (2) that the person to be arrested is guilty of that offense.

(June 1, 1948, ch. 359, § 5, as added Sept. 22, 1961, Pub. L. 87-275, 75 Stat. 574.)

§ 319. Grant of easements; authority of executive agencies; application; protection of Federal interests; consideration; legislative jurisdiction: notice of relinquishment, acceptance and State proceedings

Whenever a State or political subdivision or agency thereof or any person makes application for the grant of an easement in, over, or upon real property of the United States for a rightof-way or other purpose, the executive agency having control of such real property may grant to the applicant, on behalf of the United States, such easement as the head of such agency determines will not be adverse to the interests of the United States, subject to such reservations, exceptions, limitations, benefits, burdens, terms, or conditions, including those provided in section 319a of this title, as the head of the agency deems necessary to protect the interests of the United States. Such grant may be made without consideration, or with monetary or other consideration, including any interest in real property. In connection with the grant of such an easement, the executive agency concerned may relinquish to the State in which the affected real property is located such legislative jurisdiction as the executive agency deems necessary or desirable. Relinquishment of legislative jurisdiction under the authority of sections 319 to 319c of this title may be accomplished by filing with the Governor of the State concerned a notice of relinquishment to take effect upon acceptance thereof or by proceeding in such manner as the laws applicable to such State may provide.

(Pub. L. 87-852, § 1, Oct. 23, 1962, 76 Stat. 1129.)

REPEALS

Section repealed by Pub. L. 94-579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System.

§ 319a. Termination of easements; notice to grantees, successors or assignees; effective date

The instrument granting any such easement may provide for termination of the easement in whole or in part if there has been

(a) a failure to comply with any term or condition of the grant, or

(b) a nonuse of the easement for a consecutive two-year period for the purpose for which granted, or

(c) an abandonment of the easement.

If such a provision is included, it shall require that written notice of such termination shall be given to the grantee, or its successors or assigns. The termination shall be effective as of the date of such notice.

(Pub. L. 87-852, § 2, Oct. 23, 1962, 76 Stat. 1129.)

REPEALS

Section repealed by Pub. L. 94-579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System.

SAVINGS PROVISIONS

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 319, 319b, 319c of this title.

§ 319b. Additional easement authority

The authority conferred by sections 319 to 319c of this title shall be in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements.

(Pub. L. 87-852, § 3, Oct. 23, 1962, 76 Stat. 1129.)

REPEALS

Section repealed by Pub. L. 94-579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System.

§ 319c. Definitions for easement provisions

As used in sections 319 to 319c of this title(a) The term "State" means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.

(b) The term "executive agency" means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.

(c) The term "person" includes any corporation, partnership, firm, association, trust, estate, or other entity.

(d) The term "real property of the United States" excludes the public lands (including minerals, vegetative, and other resources) in the United States, including lands reserved or dedicated for national forest purposes, lands administered or supervised by the Secretary of the Interior in accordance with sections 1 and 2 to 4 of title 16, as amended and supplemented, Indian-owned trust and restricted lands, and lands acquired by the United States primarily for fish and wildlife conservation purposes and administered by the Secretary of the Interior, lands withdrawn from the public domain primarily under the jurisdiction of the Secretary of the Interior, and lands acquired for national forest purposes.

(Pub. L. 87-852, § 4, Oct. 23, 1962, 76 Stat. 1129.)

Report of violations and withholding of funds for unpaid wages and liquidated damages.

(a) Reports of inspectors; determination of amount of unpaid wages and liquidated damages; authorization for direct payments by Comptroller General.

(b) Rights of action and intervention against contractors and sureties. (c) Right of contractors to appeal; limitations; administrative determination; review by Secretary and issuance of final decision; filing claim in United States Claims Court. (d) Applicability of other laws. Limitations, variations, tolerances, and exemptions.

Violations; penalties.

Health and safety standards in building trades and construction industry.

(a) Condition of contracts; proceedings for promulgation of regulations; hearing, consultation with Advisory Committee.

(b) Compliance with section and regulations: inspections, hearings, orders, findings of fact, and decisions; application of sections 38 and 39 of title 41; opportunity for hearing. consequences of noncompliance: cancellation of contracts, completion contracts, additional costs, and withholding of assistance; nonapplication of section 330 of this title. (c) Jurisdiction; cause shown; enforcement of compliance.

(d) Finding of ineffective protection against violations; transmission of names of violators to Comptroller General; contract awards prohibition; termination of restriction and notification of Comptroller General and Government agencies; judicial review.

(e) Advisory Committee on Construction Safety and Health; establishment; membership; appointment; representation of interests; advice in formulation of standards, regulations, and policy matters; appointment of experts or consultants; compensation, travel expenses, etc.

(f) Safety programs: promotion; prevention of injuries through reports, data, and consultations with employers.

SUBCHAPTER I-GENERAL PROVISIONS

§§ 321, 322. Repealed. Pub. L. 87-581, title II, § 203, Aug. 13, 1962, 76 Stat. 360

Section 321, acts Aug. 1, 1892, ch. 352, § 1, 27 Stat. 340; Mar. 3, 1913, ch. 106, 37 Stat. 726, related to an eight-hour day on public works or dredging or rock excavation performed for the United States or the District of Columbia. See section 328 of this title.

Section 322, acts Aug. 1, 1892, ch. 352, § 2, 27 Stat. 340; Mar. 3, 1913, ch. 106, 37 Stat. 726, related to violation of these provisions and the penalties thereof. See section 332 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections effective 60 days after Aug. 13, 1962, but shall not affect contracts existing or thereaf ter entered into pursuant to invitations for bids out

standing on Aug. 13, 1962, see section 204 of Pub. L. 87-581, set out as an Effective Date note under section 327 of this title.

SAVINGS PROVISIONS

Section 203 of Pub. L. 87-581 provided in part that: "The provisions of such statutes [sections 321, 322, and 324 to 326 of this title] shall, notwithstanding, continue to apply with respect to contracts existing on the effective date of this Act [see Effective Date note set out under section 327 of this title] or entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act [Aug. 13, 1962]."

§ 323. Omitted

CODIFICATION

Section, acts Aug. 1, 1892, ch. 352, § 3, 27 Stat. 340; Mar. 3, 1913, ch. 106, 37 Stat. 727, provided that sections 321 and 322 of this title should not affect contracts entered into prior to Aug. 1, 1892.

§§ 324 to 326. Repealed. Pub. L. 87-581, title II, § 203, Aug. 13, 1962, 76 Stat. 360

Section 324, acts June 19, 1912, ch. 174, § 1, 37 Stat. 137; June 25, 1948, ch. 646, § 19, 62 Stat. 989, required public contracts to provide for an eight-hour day and stipulate penalties for violations, inspectors were to report violations, penalties were to be withheld by the payor of moneys under the contract, administrative appeals were available to parties aggrieved by penalties, and provided that final administrative decisions could be taken to the Court of Claims. See section 330 of this title.

Section 325, act June 19, 1912, ch. 174, § 2, 37 Stat. 138, related to excepted contracts, work which was included, waiver by the President in time of war, conditions whereby penalties would not be imposed, and provided that it should be construed so as not to affect the eight-hour law. See section 329 of this title.

Section 325a, act Sept. 9, 1940, ch. 717, title III, §303, 54 Stat. 884, related to the computation of wages on the basic day rate of eight hours, and at one and one-half times the basic rate for overtime compensation. See section 328 of this title.

Section 326, act Mar. 4, 1917, ch. 180, 39 Stat. 1192, related to the suspension of the eight-hour law in case of national emergency, and provided that overtime rates be paid at not less than time and one-half for work exceeding eight hours. See section 331 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections effective 60 days after Aug. 13, 1962, but not affecting contracts existing or thereafter entered into pursuant to invitations for bids outstanding on Aug. 13, 1962, see section 204 of Pub. L. 87-581, set out as an Effective Date note under section 327 of this title.

SAVINGS PROVISIONS

The provisions of sections 321, 322, and 324 to 326 of this title applicable with respect to certain contracts, see section 203 of Pub. L. 87-581, set out as a note under section 321 of this title.

SUBCHAPTER II-CONTRACT WORK HOURS AND SAFETY STANDARDS SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 16 section 779e; title 28 section 1499; title 39 section 410.

§ 327. "Secretary" defined

As used herein, the term "Secretary" means the Secretary of Labor, United States Department of Labor.

(Pub. L. 87-581, title I, § 101, Aug. 13, 1962, 76 Stat. 357.)

REFERENCES IN TEXT

Herein, referred to in text, means title I of Pub. L. 87-581, Aug. 13, 1962, 76 Stat. 357, as amended, which enacted sections 327 to 333 of this title. For complete classification of title I to the Code, see Short Title note set out below and Tables.

EFFECTIVE DATE

Section 204 of Pub. L. 87-581 provided that: "This Act [for classification see Short Title note below] shall take effect sixty days after its enactment, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act [Aug. 13, 1962]."

SHORT TITLE

Section 1 of Pub. L. 87-581, as amended by Pub. L. 91-54, § 2, Aug. 9, 1969, 83 Stat. 98, provided: "That this Act [enacting sections 327 to 333 of this title; amending section 673c of former Title 5, Executive Departments and Government Officers and Employees, and section 1499 of Title 28, Judiciary and Judicial Procedure; repealing sections 321, 322, and 324 to 326 of this title; and enacting provisions set out as notes under section 1499 of Title 28, this section, and section 321 of this title] may be cited as the 'Work Hours and Safety Act of 1962' and title I [enacting sections 327 to 333 of this title] may be cited as the 'Contract Work Hours and Safety Standards Act'."

DEFINITION OF "THIS ACT"

Section 2 of Pub. L. 87-581, as amended by Pub. L. 91-54, § 2, Aug. 9, 1969, 83 Stat. 98, provided that: "As used in this Act [for classification see Short Title note above], the term 'this Act' means the Work Hours and Safety Act of 1962 except in title I [sections 327 to 333 of this title] where it means the Contract Work Hours and Safety Standards Act."

§ 328. Eight hour day and forty hour week; overtime compensation; contractual conditions; liability of employers for violation; withholding funds to satisfy liabilities of employers

(a) Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcontractor in his performance of work on any contract of the character specified in section 329 of this title shall be computed on the basis of a standard workday of eight hours and a standard workweek of forty hours, and work in excess of such standard workday or workweek shall be permitted subject to the provisions of this section. For each workweek in which any such laborer or mechanic is so employed, such wages shall include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in the workweek, as the case may be.

(b) The following provisions shall be a condition of every contract of the character specified in section 329 of this title and of any obligation of the United States, any territory, or the District of Columbia in connection therewith:

(1) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic, in any workweek in which he is employed on such work, to work in excess of eight hours in any calendar day or in excess