TITLE 41—PUBLIC CONTRACTS

第41篇  公共合同

CHAPTER 1—GENERAL PROVISIONS (§§ 1_to_4a—58)

第一章——总则 (§§ 1_to_4a—58)

CHAPTER 2—TERMINATION OF WAR CONTRACTS (§§ 101—125)

第二章——战争合同的终止(§§ 101—125)

CHAPTER 3—PROCUREMENT OF SUPPLIES AND SERVICES BY ARMED SERVICES (§ 151_to_162)

第三章——兵种采购货物和服务(§151_to_162)

CHAPTER 4—PROCUREMENT PROCEDURES (§§ 201_to_205—281_to_291)

第四章——采购程序 (§§ 201_to_205—281_to_291)

CHAPTER 5—JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS (§§ 321—322)

第五章——行政决定的司法审查 (§§ 321—322)

CHAPTER 6—SERVICE CONTRACT LABOR STANDARDS (§§ 351—358)

第六章——服务合同劳动标准 (§§351—358)

CHAPTER 7—OFFICE OF FEDERAL PROCUREMENT POLICY (§§ 401,_402—440)

第七章——联邦采购合同办公室 (§§401,_402—440)

CHAPTER 8—FEDERAL GRANTS AND COOPERATIVE AGREEMENTS (§ 501_to_509)

第八章——联邦授予和合作协议(§ 501_to_509)

CHAPTER 9—CONTRACT DISPUTES (§§ 601—613)

第九章——合同纠纷(§§ 601—613)

CHAPTER 10—DRUG-FREE WORKPLACE (§§ 701—707)

第十章——无毒品工作场所(§§ 701—707)

 

CHAPTER 1—GENERAL PROVISIONS 总则

§§ 1 to 4a. Repealed.] 废除

§ 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government corporations 政府部门采购货物或服务合同招标要求；适用于政府出售及政府即将出售及政府企业

Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $25,000, (2) when the public exigencies require the immediate delivery of the articles or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 1638 [1] of Appendix to title 50, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising.

In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only.

除相关拨款法案或其他法律另有规定外，政府采购及货物或服务合同应预先公开足够期限进行招标，以下情形除外：（1）任何情况下涉案金额不超过$25,000：（2）公共危急情况需要立即派送货物或提供服务，（3）仅有一项货源可以提供，政府采购或合同官员必须证明该情况，或（4）服务必须由某供应商提供且（A）具有技术性及专业性或（B）在政府监管下，计时收费。除（1）由第50篇附表第1638节授权，（2）其他法律授权，或（3）合理的涉案金额不超过$500，政府销售及销售合同应受本节公开招标要求约束。

对于政府全资所有的企业，本节仅适用于其行政管理交易。

 

§ 5a. Definitions 定义

The word “department” as used in this Act shall be construed to include independent establishments, other agencies, wholly owned Government corporations (the transactions of which corporations shall be subject to the authorizations and limitations of this Act, except that section 5 of this title shall apply to their administrative transactions only), and the government of the District of Columbia, but shall not include the Senate, House of Representatives, or office of the Architect of the Capitol, or the officers or employees thereof. The words “continental United States” as used herein shall be construed to mean the forty-eight States and the District of Columbia. The word “Government” shall be construed to include the government of the District of Columbia. The word “appropriation” shall be construed as including funds made available by legislation under section 9104 of title 31.

本法所称“部门”包括独立的机构、其他部门、政府全资所有的企业（该企业的交易应受本法的授权和限制，除本篇第5节仅适用于行政管理交易），以及哥伦比亚特区政府，但不包括参议院，众议院，或国会大厦办公室或其官员或雇员。

本处所称的“美国大陆”是指48个州以及哥伦比亚特区。

“政府”包括哥伦比亚特区的政府。

“拨款”应解释为包括根据第31篇9104节立法所拨付的资金。

TITLE 31 > SUBTITLE VI > CHAPTER 91 > § 9104

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§ 9104. Congressional action on budgets of wholly owned Government corporations

(a) Congress shall—

(1) consider budget programs for wholly owned Government corporations the President submits;

(2) make necessary appropriations authorized by law;

(3) make corporate financial resources available for operating and administrative expenses; and

(4) provide for repaying capital and the payment of dividends.

(b) This section does not—

(1) prevent a wholly owned Government corporation from carrying out or financing its activities as authorized under another law;

16 U.S.C. 831y); or

(3) affect the authority of a wholly owned Government corporation to make a commitment without fiscal year limitation.

§ 9104. 国会对政府全资公司的预算

（a）国会应当：

（1）考虑总统提交的国有企业的预算方案；

（2）根据法律授权拨付必需的资金；

（3）使公司的财务能满足公司运营和管理的开支需要；

（4）提供偿付资本及分配股息（红利）。

 

（b）本节并非--

（1）禁止国有企业根据其他法律授权开展经营或融资活动；

（2）影响1933年田纳西河流域管理法案（16 U.S.C. 831y）第26节的规定；

（3）利用国有企业的权力作出无财年限制的承诺。

 

§ 6. Repealed.] 废除

§ 6a. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; limited to particular agencies under specified circumstances

§ 6a. 招标邀请公告及政府部门货物或服务合同；限于规定情形下的特定机构。

Section 5 of this title shall not be construed to apply under any appropriation Act to the following departments and independent offices under the circumstances specified herein:

本篇第5节不适用于下列部门及独立办公室和下列情形：

(a) American Battle Monuments Commission—to any leases in foreign countries for office or garage space. 美国战役纪念碑委员会—在外国的租赁任何办公室或车库空间

(b) to (e) Repealed. Oct. 31, 1951, ch. 654, § 1(107), 65 Stat. 705. (b)--(e)废除

(f) The Bureau of Interparliamentary Union for Promotion of International Arbitration—to stenographic reporting services by contract if deemed necessary.

(f) 为促进国际仲裁的议会间联盟局—如认为必要，合同制速记报告服务。

(g) Repealed. Oct. 31, 1951, ch. 654, § 1(107), 65 Stat. 705. (g) 废除。

(h) Department of State—when the purchase or service relates to the packing of personal and household effects of Diplomatic, Consular, and Foreign Service officers and clerks for foreign shipment.

(h) 国务院—当货物或服务涉及到外交、领事及外运的官员及人员个人及家用物品包装

(i) Repealed. Oct. 31, 1951, ch. 654, § 1(107), 65 Stat. 705.  废除。

(j) The International Committee of Aerial Legal Experts—to stenographic and other service by contract as deemed necessary.

(j) 航空国际委员会法律专家—如认为必要，速记及其他服务。

§ 6a-1. Architect of the Capitol, exception from advertisement requirements 国会大厦建筑，无公告要求。

On and after July 27, 1965, the purchase of supplies and equipment and the procurement of services for all branches under the Architect of the Capitol may be made in the open market without compliance with section 5 of this title in the manner common among businessmen, when the aggregate amount of the purchase or the service does not exceed $25,000 in any instance.

1965年7月27日及此后，国会大厦的各分支机构采购货物及设备及采购服务应在公开市场上以商人间通常的方式进行，货物或服务总金额任何情形下均不超过$25,000时，无需遵守本篇第5节。

§ 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government corporations

Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $25,000, (2) when the public exigencies require the immediate delivery of the articles or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 1638 ^[1] of Appendix to title 50, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising.

In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only.

 

§ 6a-2. Architect of the Capitol, authority for personal services contracts with legal entities 国会大厦的建筑师，授权与法律实体签订的个人服务合同

Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is authorized to contract for personal services with individuals under the provisions of section 5 of this title.

尽管法律有其他规定，国会大厦建筑被授权与任何公司、合伙企业、企业、协会或其他法律实体签订个人服务合同，应依本篇第5节规定与个人签订个人服务合同相同的方式进行。

§ 6a-3. House of Representatives, exception from advertisement requirements 众议院，无公告要求

Section 5 of this title does not apply to purchases and contracts for supplies or services for any office of the House of Representatives in any fiscal year.

本篇第5节不适用于任何财年众议院办公室采购货物或服务合同。

§ 6a-4. Director of the Congressional Budget Office, exception from advertisement requirements 国会预算办公室主任，无公告要求。

(a)    Exception

(a)    例外情形

The Director of the Congressional Budget Office may enter into agreements or contracts without regard to section 5 of this title.

国会预算办公室主任可以签订协议或合同，不受本篇第5节约束。

(b) Effective Date 有效日期

This section shall apply to fiscal year 2003 and each fiscal year thereafter.

本节应适用于2003财年及之后各财年。

§ 6b. Miscellaneous exceptions from advertisement requirements 其他无公告要求的例外

(a) Control of insects, pests, and grass diseases 控制昆虫、害虫及草丛疾病的合同

Materials and equipment for the control of incipient or emergency outbreaks of insects, pests, or grass diseases, including grasshoppers, Mormon crickets, and chinch bugs, may be procured with any sums appropriated to carry out the provisions of sections 148 to 148e [1] of title 7 without regard to the provisions of section 5 of this title, and the transportation thereof may be under such conditions and means as shall be determined by the Secretary of Agriculture to be most advantageous.

用于控制初期或紧急昆虫、害虫、或草疾病爆发，包括蝗虫，摩门教徒板球，金吉拉虫的材料和设备，可以按照第7篇第148至148e[1] 节的规定用划拨的资金进行采购，而不用受本篇第5节的规定。其最有利交通条件和方式应由农业部长决定。

(b) Omitted

(b) 省略

(c) Operations on Menominee Indian Reservation

(c) 梅诺米尼印第安人储备的运作

All contracts for labor or supplies necessary for the carrying on of operations on the Menominee Indian Reservation pursuant to the Act of March 28, 1908 (35 Stat. 51), as amended, shall be exempt from the requirements of section 5 of this title.

根据修改的1908年3月28日法(35 Stat. 51)，为在梅诺米尼印第安保留地执行运营的所有劳工合同或货物合同不受本篇第5节的规定约束。

(d) Sale of Indian produced forest products

(d) 印度生产的林木产品的销售

The lumber and other forest products produced by Indian enterprises from the forests on Indian reservations may be sold under such regulations as the Secretary of the Interior may prescribe, without compliance with section 5 of this title.

由印度企业生产来自印度保护区森林的木材及其他林木产品可以根据内政部长作出的规定销售，无需遵守本篇第5节的规定。

 

§§ 6c to 6jj. Repealed.] 废除

§ 6kk. Omitted  省略

§ 6ll. Repealed.] 废除

§ 6mm. Transferred 转化

§§ 7 to 7d. Repealed.] 废除

§ 8. Opening bids 开标

Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attorney, and a record of each bid shall then and there be made.

一旦发出招标邀请，应同时通知所有对招标文件作出响应的当事人开标时间及地点，当事人可以亲自参加也可委托律师参加，每份投标文件将当时当场记录在案。

§ 9. Repealed.] 废除

§ 10. Omitted省略

§ 10a. American materials required for public use  

§ 10a.公共事业使用的美国原材料

(a) In general 总述

Notwithstanding any other provision of law, and unless the head of the department or independent establishment concerned shall determine it to be inconsistent with the public interest, or the cost to be unreasonable, only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, shall be acquired for public use. This section shall not apply with respect to articles, materials, or supplies for use outside the United States, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. This section shall not apply to manufactured articles, materials, or supplies procured under any contract the award value of which is less than or equal to the micro-purchase threshold under section 428 of this title.

虽然有其他法律规定，如非相关的部门或独立机构的首长决定不符合公共利益，或成本不合理，只有在美国开采或生产的未加工的物品、原材料及货物，及全部以美国开采、生产或加工的物品、原材料或货物为原料在美国进行实质加工的物品、原材料或货物可视情况用于公共用途采购。用于美国境外的物品、原材料或货物，该等级或该类物品、原材料或货物即将用于或加工之前的物品、原材料或货物在美国境内无法以合理的商业条件和充足的数量和质量进行开采、生产或加工，不适用本节规定。根据合同其授予价值低于或等于本篇第428节所规定的宏观采购阈值的加工物品、原材料或货物不适用本节规定。

(b) Reports 

 (b) 报告

(1) In general

（1）总述

Not later than 180 days after the end of each of fiscal years 2007 through 2011, the head of each Federal agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the amount of the acquisitions made by the agency in that fiscal year of articles, materials, or supplies purchased from entities that manufacture the articles, materials, or supplies outside of the United States.

自2007年至2011年每财年最后一日起180日内，每个联邦机构的首长须向国土安全委员会及上议院政府事务委员会及众议院监督和政府改革委员会提交本财年机构向美国境外加工物品、原材料或货物的实体采购物品、原材料或货物的价值金额的报告。

(2) Contents of report

(2) 报告内容

The report required by paragraph (1) shall separately include, for the fiscal year covered by such report—

第（1）段所述报告需在报告所述财年中单独列明：

(A) the dollar value of any articles, materials, or supplies that were manufactured outside the United States;

(A) 在美国境外加工的物品、原材料或货物的美元价值；

(B) an itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act, and a citation to the treaty, international agreement, or other law under which each waiver was granted;

(B) 逐项列出根据本法（《购买美国产品法》）对该物品、原材料或货物豁免以及授权豁免所依据的条约、国际协定或其他法律。

(C) if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside the United States, the specific exception under this section that was used to purchase such articles, materials, or supplies; and

(C) 如物品、原材料或货物是从在美国境外加工物品、原材料或货物的实体购得，列明该例外情形适用本节何种依据；以及

(D) a summary of—  

(D) 记载如下内容的提纲：

(i) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and

(i) 用于采购美国境内加工的物品、原材料或货物的全部费用；

(ii) the total procurement funds expended on articles, materials, and supplies manufactured outside the United States.

(ii) 用于采购美国境外加工的物品、原材料或货物的全部费用。

(3) Public availability

(3) 公众可及

The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available to the maximum extent practicable.

各联邦机构的首长根据第（1）段所提交的报告应当尽可能放置于公众可及的场所。

(4) Exception for intelligence community

(4)情报参谋部例外情形

This subsection shall not apply to acquisitions made by an agency, or component thereof, that is an element of the intelligence community as specified in, or designated under, section 401a (4) of title 50.

第50篇第401a(4)节规定或指定的情报参谋部下属的机构、单位的采购，不适用本子节规定，

§ 10b. Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements

§ 10b. 公共工程合同；使用美国原材料的规定；违反要求的供应商黑名单

(a) Every contract for the construction, alteration, or repair of any public building or public work in the United States growing out of an appropriation heretofore made or hereafter to be made shall contain a provision that in the performance of the work the contractor, subcontractors, material men, or suppliers, shall use only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States except as provided in section 10a of this title: Provided, however, That if the head of the department or independent establishment making the contract shall find that in respect to some particular articles, materials, or supplies it is impracticable to make such requirement or that it would unreasonably increase the cost, an exception shall be noted in the specifications as to that particular article, material, or supply, and a public record made of the findings which justified the exception.

(a)所有已签订或即将签订的使用拨款资金在美国境内进行的公共建筑或工程的建设、变更或修缮合同应当包括以下条款，在工程的履行中，承包商、分承包商、材料供应商或货物供应商应当使用美国开采或生产的未加工的物品、原材料及货物，及全部以美国开采、生产或加工的物品、原材料或货物为原料在美国进行实质加工的物品、原材料或货物可视情况，本篇第10a节规定的除外；但如果该部门或独立机构的首长签订合同时发现对于某些特殊的物品、原材料或货物，作出如此规定不切实际或可能增加不合理费用，规定中应注明将该物品、原材料或货物作为例外情形看待，并公开将其作为例外情形的有关事实依据的记录。

(b) If the head of a department, bureau, agency, or independent establishment which has made any contract containing the provision required by subsection (a) of this section finds that in the performance of such contract there has been a failure to comply with such provisions, he shall make public his findings, including therein the name of the contractor obligated under such contract, and no other contract for the construction, alteration, or repair of any public building or public work in the United States or elsewhere shall be awarded to such contractor, subcontractors, material men, or suppliers with which such contractor is associated or affiliated, within a period of three years after such findings is made public.

(b) 如果某部门、局、机构或独立部门发现在所签订的包括本节(a)分节所规定的条款内容的合同的履行中，有不遵守或不符合上述规定的情形，可披露其事实依据，包括有合同义务的供应商的名称，且在事实依据被披露后的三年内，在美国境内或其他地方的其他建设、变更或修缮公共建筑或工程的合同不得再授予该供应商及其隶属或相关联的承包商、分承包商、材料供应商。

§ 10b-1. Omitted省略

§ 10b-2. Limitation on authority to waive Buy American Act requirement

§ 10b-2.放弃采购美国产品法要求的权力限制

(a) Buy American Act waiver rescissions  

(a) 《购买美国产品法》豁免的解除

(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

(1) 如果国防部长在与美国商务代表磋商后，决定作为第（2）段所描述的协议一方的外国违反了协议条款，歧视协议所针对的美国某型号产品，国防部长应撤销部长的《购买美国产品法》关于该外国生产的该型号产品的全面豁免。

(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country.

(2) 第（1）段提到的协议是指美国和外国根据国防部长前瞻性豁免在该国对特定产品适用《采购美国产品法》所签订的任何采购国防产品互惠谅解备忘录。

(b) Definition

(b) 概念说明

For purposes of this section, the term “Buy American Act” means title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933 (41 U.S.C. 10a et seq.).

本节术语《采购美国产品法》是指1993年3月3日通过的该法的第3篇，标题为“针对截至1934年6月30日财年的财政及邮政部门拨款法” （41U.S.C.10a等）。

§ 10b-3. Annual report relating to Buy American Act

§ 10b-3.与《采购美国产品法》有关的年度报告

The Secretary of Defense shall submit to Congress, not later than 60 days after the end of each fiscal year, a report on the amount of purchases by the Department of Defense from foreign entities in that fiscal year. Such report shall separately indicate the dollar value of items for which the Buy American Act (41 U.S.C. 10a et seq.) was waived pursuant to any of the following:

在不迟于每一财年后60日内，国防部应向国会提交一份关于国防部在该财年向外国实体采购货物的美元金额报告。该报告应专门对因下列情形而对商品的美元价值豁免适用《采购美国产品法》（U.S.C.第41篇等）的情况进行说明：

(1) Any reciprocal defense procurement memorandum of understanding described in section 10b–2 (a)(2) of this title.

(1) 本篇第10b–2 (a)(2)节互惠采购国防产品的谅解备忘录。

(2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.)

(2) 1979年《贸易协定法》(U.S.C. 2501 第19篇等)

(3) Any international agreement to which the United States is a party.

(3) 美国所缔结的国际协定。

 

§ 10c. Definition of terms used in sections 10a, 10b, and 10c  

§ 10c. 10a, 10b,和 10c节用到的的术语定义

When used in sections 10a, 10b, and 10c of this title— 本篇10a, 10b及10c中，

(a) The term “United States”, when used in a geographical sense, includes the United States and any place subject to the jurisdiction thereof;

(a) 所述“美国”，在用于地理上的含义是，包括美国及其领土下的任何地方；

(b) The terms “public use”, “public building”, and “public work” shall mean use by, public building of, and public work of, the United States, the District of Columbia, Puerto Rico, American Samoa, the Canal Zone, and the Virgin Islands.

(b) 所述“公共用途”，“公共建筑”以及“公共工程”指在美国、哥伦比亚特区、波多黎各，美属萨摩亚，运河区，和维尔京群岛使用。

 

§ 10d. Clarification of Congressional intent regarding sections 10a and 10b(a)

§ 10d. 与10a及10b(a)有关的国会意图的澄清

In order to clarify the original intent of Congress, hereafter, section 10a of this title and that part of section 10b (a) of this title preceding the words “Provided, however,” shall be regarded as requiring the purchase, for public use within the United States, of articles, materials, or supplies manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality, unless the head of the department or independent establishment concerned shall determine their purchase to be inconsistent with the public interest or their cost to be unreasonable.

为了澄清国会的真实意图，本篇10a及10b (a)以“然而”开头的部分应视为要求在美国境内采购在美国加工的数量合理、质量合格的物品、原材料、或货物用于公共用途，除非相关的部门或独立机构的首长认为该采购不符合公共利益或成本不合理。

§ 11. No contracts or purchases unless authorized or under adequate appropriation; report to the Congress  

§ 11. 如非授权或使用拨款资金未达标准数额，合同或采购行为无需向国会报告。

(a) No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the Department of Defense and in the Department of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies, which, however, shall not exceed the necessities of the current year.

(a) 除非法律授权或使用拨款资金，国防部和国土安全部对于不在执行海军任务的海岸警卫队，服装，生活必需品，饲料，燃料，宿舍，交通，或医疗及医院用品不得超过当年的必需品范围，否则不得代表美国联邦政府签订采购合同。

(b) The Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy shall immediately advise the Congress of the exercise of the authority granted in subsection (a) of this section, and shall report quarterly on the estimated obligations incurred pursuant to the authority granted in subsection (a) of this section.

(b)如非在海军执行服务，有关海岸警卫兵的国防部长及国土安全部长在其应当立即通知国会行使本节（a）分节授予权力的情况，并每季度汇报根据本节(a)分节根据所授予的权力所承担的预估义务的情况。

§ 11a. Contracts for fuel by Secretary of the Army without regard to current fiscal year

§ 11a. 陆军燃料合同与当前财年无关

When, in the opinion of the Secretary of the Army, it is in the interest of the United States so to do, he is authorized to enter into contracts and to incur obligations for fuel in sufficient quantities to meet the requirements for one year without regard to the current fiscal year, and payments for supplies delivered under such contracts may be made from funds appropriated for the fiscal year in which the contract is made, or from funds appropriated or which may be appropriated for such supplies for the ensuing fiscal year.

如果陆军部长认为出于美国利益的考虑，其有权签订供一年使用的充足的燃料合同并承担义务，而不必考虑在该财年，在支付该合同标的物的价款时，是使用合同签订时该财年的拨付资金，还是使用下一财年可能对该货物进行拨付的资金。

§ 12. No contract to exceed appropriation  

§ 12.合同不得超过拨款

No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose.

如有公共设施建设、修理、安装或公共改造需要政府支付比财政部拨付的专项用途资金更高数额价款，则不得签订合同。

§ 13. Contracts limited to one year

§ 13. 限于一年的合同

Except as otherwise provided, it shall not be lawful for any of the executive departments to make contracts for stationery or other supplies for a longer term than one year from the time the contract is made.

除非另有规定，任何行政部门所签订的关于文具或其他物品自合同签订之日起期限超过一年的合同为非法合同。

§ 13a. Repealed.] 废除

§ 14. Restriction on purchases of land

§ 14.购买土地的限制

No land shall be purchased on account of the United States, except under a law authorizing such purchase.

除非法律授权，禁止买卖美国土地。

§ 15. Transfers of contracts; assignments; assignee not subject to reduction or setoff  § 15.合同的转让；授权转让；受让人不受减少或抵销的限制

(a) Transfer  

(a) 转让

No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States is concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States.

与美国（政府）相关的合同、命令或任何利益的当事人不得将合同、命令或利益转让给其他方，一旦转让，所转让的合同或命令无效。美国联邦政府保留对合同当事人违约行为提起诉讼的权利。

(b) Assignment

(b) 授权转让

The provisions of subsection (a) of this section shall not apply in any case in which the moneys due or to become due from the United States or from any agency or department thereof, under a contract providing for payments aggregating $1,000 or more, are assigned to a bank, trust company, or other financing institution, including any Federal lending agency, provided:

本节上述（a）的规定不适用于美国联邦政府或任何机构或部门将依合同已经到期或即将到期总价款为1,000美元或以上的款项转让给银行、信托公司或其他金融机构，包括任何联邦贷款机构的情形，但：

(1) That, in the case of any contract entered into after October 9, 1940, no claim shall be assigned if it arises under a contract which forbids such assignment.

(1) 如合同是1940年10月9日以后签订，且根据合同禁止此种转让，则不得主张转让。

(2) That, unless otherwise expressly permitted by such contract, any such assignment shall cover all amounts payable under such contract and not already paid, shall not be made to more than one party, and shall not be subject to further assignment, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing.

(2) 除非合同另有明确授权，该转让应当涵括合同项下所有到期未付款项，且只能转让给一个当事人，且不可以再次转让。如有两个或多个当事人参与融资且一方当事人作为代理人或信托人的情形除外。

(3) That, in the event of any such assignment, the assignee thereof shall file written notice of the assignment together with a true copy of the instrument of the assignment with—

(3) 在转让中，受让人应当向下列部门提交转让书面通知以及转让文书的副本一份：

(A) the contracting officer or the head of his department or agency;

(A) 合同官员或该部门或机构的首长；

(B) the surety or sureties upon the bond or bonds, if any, in connection with such contract; and

(B) 如有，应说明针对与合同有关的债券的保证人（或担保）

(C) the disbursing officer, if any, designated in such contract to make payment.

(C) 如有，合同所指明的垫付的官员；

(c) Validity of assignment

(c) 转让的有效性

Notwithstanding any law to the contrary governing the validity of assignments, any assignment pursuant to this section shall constitute a valid assignment for all purposes.

尽管有关于转让有效性的相反的法律规定，本节所规定的转让应始终构成有效转让。

(d) Assignee liability

(d) 受让人义务

In any case in which moneys due or to become due under any contract are or have been assigned pursuant to this section, no liability of any nature of the assignor to the United States or any department or agency thereof, whether arising from or independently of such contract, shall create or impose any liability on the part of the assignee to make restitution, refund, or repayment to the United States of any amount heretofore since July 1, 1950, or hereafter received under the assignment.

任何情况下，合同下到期款项或即将到期款项根据本节转让或已经转让，转让人对美国联邦政府或任何部门或机构的任何性质的义务，不论该义务是因为该合同产生还是独立于该合同，均不得给受让人一方创设或强加任何性质的义务，如恢复原状、退回资金或重复支付任何在1950年7月1日以前款项或转让时收到的款项给美国联邦政府。

(e) Amendment of contract

(e)合同修改

Any contract of the Department of Defense, the General Services Administration, the Department of Energy, or any other department or agency of the United States designated by the President, except any such contract under which full payment has been made, may, upon a determination of need by the President, provide or be amended without consideration to provide that payments to be made to the assignee of any moneys due or to become due under such contract shall not be subject to reduction or setoff. Each such determination of need shall be published in the Federal Register.

如总统认为必要，国防部、总务署、能源部或其他总统指定的美国政府部门或机构签订的任何合同，向受让人支付或修改以无对价支付该合同下到期或即将到期款项，都不应受减款或抵销款项规定的规制，已经完全履行的除外。作出该需要决定应在联邦登记处公示。

(f) Assignor liability arising independent of contract

(f) 转让人产生的独立于合同义务

If a provision described in subsection (e) of this section or a provision to the same general effect has been at any time heretofore or is hereafter included or inserted in any such contract, payments to be made thereafter to an assignee of any moneys due or to become due under such contract shall not be subject to reduction or setoff for any liability of any nature of the assignor to the United States or any department or agency thereof which arises independently of such contract, or hereafter for any liability of the assignor on account of—

如果本节（e）分节所规定的条款或类似条款之前或之后被纳入该合同，应支付给受让人合同下的当期或即将到期款项不得因为转让人对美国联邦政府或其部门或机构的独立于该合同的任何性质的义务而被减额或抵销，或其后转让人在下列方面的义务都不应受到影响：

(1) renegotiation under any renegotiation statute or under any statutory renegotiation article in the contract;

(1)根据重新商议法条或根据合同中规定的重新商议条款进行重新商议；

(2) fines;

(2) 罚金；

(3) penalties (which term does not include amounts which may be collected or withheld from the assignor in accordance with or for failure to comply with the terms of the contract); or

(3) 处罚（不包括根据合同条款或因违反合同条款，可以收取的金额或从受让人处代扣的金额）

(4) taxes, social security contributions, or the withholding or non withholding of taxes or social security contributions, whether arising from or independently of such contract.

(4) 不论是否因该合同产生，税收、社会保障缴款或代扣税收、社会保障缴款。

(g) Accrued rights and obligations

(g) 产生的权利及义务

Except as herein otherwise provided, nothing in this section shall be deemed to affect or impair rights or obligations heretofore accrued.

本节内容不得视为影响或损害此前所产生的权利或义务。

§ 16. Repealed.] 废除

§§ 16a to 16d. Omitted 省略

§§ 17 to 19. Repealed.] 废除

§ 20. Repealed.] 废除

§§ 20a, 20b. Repealed.] 废除

§ 21. Repealed.] 废除

§ 22. Interest of Member of Congress 国会成员的利益

No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon. The provisions of this section shall not apply to any contracts or agreements heretofore or hereafter entered into under the Agricultural Adjustment Act [7 U.S.C. 601 et seq.], the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933, and the Home Owners’ Loan Act of 1933 [12 U.S.C. 1461 et seq.], and shall not apply to contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers: Provided, That such exemption shall be made a matter of public record.

国会成员不得介入签订或接受美国政府的任何合同或享受所产生的任何利益。本节规定不适用于根据《农业调整法案》[7 U.S.C. 601等]、《联邦农地押款法》、1933年《紧急农业抵押贷款法》、《联邦农场抵押公司法》、1933年《农场信贷法》、1933年《房主贷款法》[12 U.S.C. 1461等]所签订的合同，也不适用于农业部与农民所签订的合同，但该豁免应当作出公共备案。

§ 23. Orders or contracts for material placed with Government-owned establishments deemed obligations

§ 23. 视为义务的命令或与政府所有的实体签订的材料合同

All orders or contracts for work or material or for the manufacture of material pertaining to approved projects heretofore or hereafter placed with Government-owned establishments shall be considered as obligations in the same manner as provided for similar orders or contracts placed with commercial manufacturers or private contractors, and the appropriations shall remain available for the payment of the obligations so created as in the case of contracts or orders with commercial manufacturers or private contractors.

所有与政府所有的实体所签订的与所批准项目有关的工程、材料或材料加工的所有命令或合同，应当被视为以相同方式与制造商或民营供应商签订类似命令或合同的义务，应使用拨款资金履行制造商或私营供应商签订的合同项下的资金支付义务。

 

§ 24. Contracts for transportation of moneys, bullion, coin, and securities

§ 24. 钱币、金条、硬币及证券的运输合同

Whenever it is practicable contracts for the transportation of moneys, bullion, coin, notes, bonds, and other securities of the United States, and paper shall be let to the lowest responsible bidder therefor, after notice to all parties having means of transportation.如果可行，钱币、金条、硬币、纸币及其他美国证券的运输合同以及文件应当在告知有交通工具的各当事人后，交给报价最低的有义务的投标商。

 

§ 24a. Omitted 省略

§ 25. Repealed.] 废除

§ 26. Repealed.] 废除

§ 27. Repealed.] 废除

§§ 28 to 34. Omitted省略

§ 35. Contracts for materials, etc., exceeding $10,000; representations and stipulations

§ 35.合同标的超过 $10,000的材料合同等，陈述和规定

In any contract made and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States (all the foregoing being hereinafter designated as agencies of the United States), for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000, there shall be included the following representations and stipulations:

在与行政部门、独立机构或美国政府其他部门或机构所签订的或与哥伦比亚特区，或美国政府全资控股的公司（所有前述机构被称为美国机构），针对材料、货物、物品或设备的制造或交付的任何合同中，如果数额超过$10,000，应当列明下列陈述和规定：

 (a) That all persons employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract will be paid, without subsequent deduction or rebate on any account, not less than the minimum wages as determined by the Secretary of Labor to be the prevailing minimum wages for persons employed on similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under said contract;

(a) 制造或提供原材料、货物、物品或设备的供应商所雇佣的劳工，工资没有任何克扣或减少，且不低于劳工部根据类似工作在合同下原材料、货物、物品或设备制造或提供当地特定或类似行业或行业组的最低工资确定的员工最低工资。

(b) That no person employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract shall be permitted to work in excess of forty hours in any one week: Provided, That the provisions of this subsection shall not apply to any employer who shall have entered into an agreement with his employees pursuant to the provisions of paragraphs (1) or (2) of subsection (b) of section 207 of title 29;

(b) 制造或提供原材料、货物、物品或设备的供应商所雇佣的劳工每周工作时间不得超过40小时，但根据第29篇第207分节第（1）、（2）段的规定与员工所签订的协议不适用本分节的规定。

(c) That no male person under sixteen years of age and no female person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in such contract, except that this section, or any other law or Executive order containing similar prohibitions against purchase of goods by the Federal Government, shall not apply to convict labor which satisfies the conditions of section 1761 (c) of title 18; and

(c) 制造或提供原材料、货物、物品或设备的供应商所雇佣的男性雇员年龄都在16周岁以上，女性雇员年龄都在18周岁以上，未雇佣囚犯雇员，本条或包含类似禁止联邦政府采购货物内容的其他法律或行政法令，不得适用于满足第18篇第1761(c ) 规定条件的囚犯雇员。

(d) That no part of such contract will be performed nor will any of the materials, supplies, articles, or equipment to be manufactured or furnished under said contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of said contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part thereof is to be performed shall be prima-facie evidence of compliance with this subsection.

(d) 合同的履行及原材料、货物、物品或设备的制造及提供，不得在环境或工作条件不卫生或对履行该合同的雇员的健康和安全有害或有危险的厂房、工厂、建筑或环境进行，符合州安全、卫生及出厂检验法律的待履行的工作或部分应成为符合本分条(d) 的表面证据。

§ 36. Liability for contract breach; cancellation; completion by Government agency; employee’s wages

§ 36. 违约责任；撤销，政府终止履行合同；雇员工资

Any breach or violation of any of the representations and stipulations in any contract for the purposes set forth in section 35 of this title shall render the party responsible therefor liable to the United States of America for liquidated damages, in addition to damages for any other breach of such contract, the sum of $10 per day for each male person under sixteen years of age or each female person under eighteen years of age, or each convict laborer knowingly employed in the performance of such contract, and a sum equal to the amount of any deductions, rebates, refunds, or underpayment of wages due to any employee engaged in the performance of such contract; and, in addition, the agency of the United States entering into such contract shall have the right to cancel same and to make open-market purchases or enter into other contracts for the completion of the original contract, charging any additional cost to the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of said contract set forth in section 35 of this title may be withheld from any amounts due on any such contracts or may be recovered in suits brought in the name of the United States of America by the Attorney General thereof. All sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employees who have been paid less than minimum rates of pay as set forth in such contracts and on whose account such sums were withheld or recovered: Provided, That no claims by employees for such payments shall be entertained unless made within one year from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America.

任何违反本篇第35节之陈述及规定之合同的签约方，除应向美国政府支付损害赔偿金，还应按每日10美元的标准向16周岁以下的男性或18周岁以下的女性雇员支付赔偿金，或向在履行该合同中明知而雇佣的囚犯雇员支付扣除、减除、应退或少付的工资数额，另，签订合同的美国部门有权撤销该合同并在公开市场采购或签订其他合同以执行原合同，并对原签约方收取额外费用。由于违反本篇第35节之合同之陈述及规定之合同而产生的任何数额的款项都可从合同到期款项中截留或由司法部长以美国的名义提起诉讼以获得救济，所有截留的款项或因扣除、减除、退还或少付而重新获得的工资应开设专门账户，并应根据劳工部长的命令直接支付给那些未达到该合同规定的最低工资率的雇员或将截留或重新获得的资金汇到该账户。但如果雇员的索赔主张未在美国政府实际通知签约方截留或重新获得该款之日起一年内提出，则主张不应被受理。

 

§ 37. Distribution of list of persons breaching contract; future contracts prohibited § 37.违约方名单的发放；禁止未来合同

The Comptroller General is authorized and directed to distribute a list to all agencies of the United States containing the names of persons or firms found by the Secretary of Labor to have breached any of the agreements or representations required by sections 35 to 45 of this title. Unless the Secretary of Labor otherwise recommends no contracts shall be awarded to such persons or firms or to any firm, corporation, partnership, or association in which such persons or firms have a controlling interest until three years have elapsed from the date the Secretary of Labor determines such breach to have occurred.

审计长被授权应要求给美国政府各机构分发一份名单，列明劳工部长曾经发现违反本篇第35-45节规定的协议或陈述的内容的个人或公司的名称。如劳工部长决定违约行为发生之日起未满三年，劳工部长不得推荐向该个人或公司或其控股的公司、企业、合伙或协会授予合同。

§ 38. Administration of Walsh-Healey provisions; officers and employees; appointment; investigations; rules and regulations

§ 38.沃尔什-希利规定的行政管理；官员及雇员；任命；调查；规则和规定

The Secretary of Labor is authorized and directed to administer the provisions of sections 35 to 45 of this title and to utilize such Federal officers and employees and, with the consent of the State, such State and local officers and employees as he may find necessary to assist in the administration of said sections and to prescribe rules and regulations with respect thereto. The Secretary shall appoint, subject to chapter 51 and subchapter III of chapter 53 of title 5, an administrative officer, and such attorneys and experts, and other employees with regard to existing laws applicable to the employment and compensation of officers and employees of the United States, as he may from time to time find necessary for the administration of sections 35 to 45 of this title. The Secretary of Labor or his authorized representatives shall have power to make investigations and findings as provided in sections 35 to 45 of this title, and prosecute any inquiry necessary to his functions in any part of the United States. The Secretary of Labor shall have authority from time to time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of sections 35 to 45 of this title.

劳工部长被授权和应要求执行本篇第35-45节，取得州的同意后，必要时利用州和当地的官员和雇员协助执行该节，并对相关的规则作出规定。根据第5篇第51章及第53章第3分章，为执行本篇第35-45节的规定，劳工部长必要时应当委派行政官员、律师、专家，以及其他受美国现行有关官员和雇员雇佣和赔偿法律规制的雇员。劳工部长或其授权代表有权在全美范围内对依本篇第35-45节规定进行事实调查或进行询问，必要时劳工部长有权间或制定、修改及撤销规定以执行本篇第35-45节规定。

§ 39. Hearings on Walsh-Healey provisions by Secretary of Labor; witness fees; failure to obey order; punishment

§ 39.劳工部秘书对沃尔什-希利规定举行的听证；见证费用；不遵守秩序；惩罚

Upon his own motion or on application of any person affected by any ruling of any agency of the United States in relation to any proposal or contract involving any of the provisions of sections 35 to 45 of this title, and on complaint of a breach or violation of any representation or stipulation as provided in said sections, the Secretary of Labor, or an impartial representative designated by him, shall have the power to hold hearings and to issue orders requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy, failure, or refusal of any person to obey such an order, any District Court of the United States or of any Territory or possession within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person who is guilty of contumacy, failure, or refusal is found, or resides or transacts business, upon the application by the Secretary of Labor or representative designated by him, shall have jurisdiction to issue to such person an order requiring such person to appear before him or representative designated by him, to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof; and shall make findings of fact after notice and hearing, which findings shall be conclusive upon all agencies of the United States, and if supported by the preponderance of the evidence, shall be conclusive in any court of the United States; and the Secretary of Labor or authorized representative shall have the power, and is authorized, to make such decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of sections 35 to 45 of this title.

 

根据美国政府部门自身意愿或任何人因政府部门规定所提起与涉及本篇第35至45节的规定提案或合同有关的提议或申请，以及对于本节所规定或陈述的违反或冒犯而引起的投诉，劳工部长或其指定的公正代表，有权召开听证会，并发布要求证人出庭作证以及宣誓后举证的命令。在美国法庭上，证人的实际花费及其交通费用等应获得赔偿。如有人拒不执行该命令，美国调查地、拒不执行人所在地、拒不执行地或住所地或交易发生地的任何领地或属地的地区法院，在收到劳工部长或其指定代表的申请后有权向此人发布命令要求其或其指定代表出庭出示证据，或根据命令提供与所涉或所调查的事件有关的证据，任何未遵守法庭命令的行为将被法庭以藐视法庭受到处罚，并应在通知和听证后向美国政府部门作出令人信服的事实陈述，如有大量证明材料证明，则应在任何法院都是令人信服的；如劳工部长及其授权代表认为出于执行本篇第35至45节规定需要，有权根据事实作出裁判。

 

§ 40. Exceptions from Walsh-Healey provisions; modification of contracts; variations; overtime; suspension of representations and stipulations

§ 40. 沃尔什-希利规定的例外情形；合同修改；种类；超时；陈述及规定之中止

Upon a written finding by the head of the contracting agency or department that the inclusion in the proposal or contract of the representations or stipulations set forth in section 35 of this title will seriously impair the conduct of Government business, the Secretary of Labor shall make exceptions in specific cases or otherwise when justice or public interest will be served thereby. Upon the joint recommendation of the contracting agency and the contractor, the Secretary of Labor may modify the terms of an existing contract respecting minimum rates of pay and maximum hours of labor as he may find necessary and proper in the public interest or to prevent injustice and undue hardship. The Secretary of Labor may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of sections 35 to 45 of this title respecting minimum rates of pay and maximum hours of labor or the extent of the application of said sections to contractors, as hereinbefore described. Whenever the Secretary of Labor shall permit an increase in the maximum hours of labor stipulated in the contract, he shall set a rate of pay for any overtime, which rate shall be not less than one and one-half times the basic hourly rate received by any employee affected: Provided, That whenever in his judgment such course is in the public interest, the President is authorized to suspend any or all of the representations and stipulations contained in section 35 of this title.

根据签约部门或机构的负责人作出的提案或本篇第35节所规定的陈述或规定的合同内容将严重削弱政府的商业行为书面事实陈述，劳工部长将在考虑公平或公共利益的特殊情形下作出免责条款。根据签约机构和承包人的共同推荐，劳工部长可以根据公共利益的需要或避免不公及过分劳累的考虑，修改现行合同中有关最低工资率和最高工时的条款。劳工部长可以规定合理的限制，可以针对本篇第35至第45节部分或全部有关最低工资率和最高工时或该章节中针对承包人的申请范围制定规则和规定允许合理变通、宽限以及豁免。无论何时劳工部长允许提高合同规定的工作时间，应当同时规定加班费率，且该费率不得少于基本小时工资的1.5倍。然而，出于公共利益的考虑，总统有权力中止本篇第35节部分或全部陈述及规定的适用。

 

§ 41. “Person” defined in Walsh-Healey provisions

§ 41.沃尔什-希利规定中“人”的定义

Whenever used in sections 35 to 45 of this title, the word “person” includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers.

本篇第35至45节中的“人”是指包括一个或多个个人、合伙、社团、公司、法人、信托人、第11篇情形下的信托人或接管者。

§ 42. Effect of Walsh-Healey provisions on other laws

§ 42.沃尔什-希利规定的影响

The provisions of sections 35 to 45 of this title shall not be construed to modify or amend Title III of the act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved May 3, 1933 (commonly known as the Buy American Act) [41 U.S.C. 10a et seq.], nor shall the provisions of sections 35 to 45 of this title be construed to modify or amend sections 3141–3144, 3146, and 3147 of title 40, nor the labor provisions of Title II of the National Industrial Recovery Act, approved June 16, 1933, as extended, or of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935; nor shall the provisions of sections 35 to 45 of this title be construed to modify or amend chapter 307 and section 4162 [1] of title 18.

本篇第35至45节不得解释为变更或修改标题为“截止1934年6月30日财年度作其他用途向财政部及邮政部拨款法” 法第3篇，该法1933年5月3日通过（通常称为《采购美国产品法》）[41 U.S.C. 10a 等]，也不得解释为变更或修改第40篇第3141–3144, 3146及3147节，以及1933年6月16日通过的《国家工业复苏法》第2篇的劳动条款，及其延伸的1935年4月8日通过的《紧急救济拨款法》，也不得解释为变更或修改第307章及第18篇第4162 [1]节。

 

§ 43. Walsh-Healey provisions not applicable to certain contracts

§ 43.不适用“沃尔什-希利规定”的特定合同

Sections 35 to 45 of this title shall not apply to purchases of such materials, supplies, articles, or equipment as may usually be bought in the open market; nor shall they apply to perishables, including dairy, livestock and nursery products, or to agricultural or farm products processed for first sale by the original producers; nor to any contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or the products thereof. Nothing in said sections shall be construed to apply to carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line where published tariff rates are in effect or to common carriers subject to the Communications Act of 1934 [47 U.S.C. 151 et seq.].

本篇第35至45节不适用于采购通常在公开市场上能买到的材料、货物、物品或设备；也不适用于被最初生产者加工后进行首次销售的易腐坏商品，包括乳制品、牲畜、苗圃产品或农副产品等；还不适用于农业部所签订的采购农用商品或产品的合同。该节内容不得解释为适用于公布运价率生效的轮船、飞机、汽车、卡车、快运或火车运输货物或人员的情形或受1934年《交通法》 [47 U.S.C. 151 et seq.]规制的普通运输工具。

§ 43a. Administrative procedure provisions

§ 43a.行政程序规定

(a)    Applicability

(a) 适用性

Notwithstanding any provision of section 553 of title 5, subchapter II of chapter 5, and chapter 7, of title 5 shall be applicable in the administration of sections 35 to 39 and 41 to 43 of this title.

即使第5篇第553节另有规定，第5篇第5章第2分章、第7章的规定适用于本篇第35至39节及第41至43节的行政管理。

(b) Wage determination; administrative review

(b) 工资决定，行政审查

All wage determinations under section 35 (a) of this title shall be made on the record after opportunity for a hearing. Review of any such wage determination, or of the applicability of any such wage determination, may be had within ninety days after such determination is made in the manner provided in chapter 7 of title 5 by any person adversely affected or aggrieved thereby, who shall be deemed to include any supplier of materials, supplies, articles or equipment purchased or to be purchased by the Government from any source, who is in any industry to which such wage determination is applicable.

根据本篇第35（a）节所作出的工资决定应当在听证记录的基础上作出。对于该工资决定的审查，或对该工资决定的适用性的审查，可在决定作出后90日内以第5篇第7章规定的方式由受到不良影响或痛苦的人员进行，其范围包括政府从任何渠道采购或即将采购的适用该工资决定的材料、货物、物品或设备的供应商。

(c) Judicial review

(c) 司法审查

Notwithstanding the inclusion of any stipulations required by any provision of sections 35 to 45 of this title in any contract subject to said sections, any interested person shall have the right of judicial review of any legal question which might otherwise be raised, including, but not limited to, wage determinations and the interpretation of the terms “locality” and “open market”.

尽管本篇第35至45节规定所规制的合同包含这些规定，所有当事人都有权利就所产生的法律问题进行司法审查，包括但不限于工资决定以及对于术语“地点”和“公开市场”的解释。

§ 43b. Manufacturers and regular dealers

§ 43b.制造商和规则交易商

(a) The Secretary of Labor may prescribe in regulations the standards for determining whether a contractor is a manufacturer of or a regular dealer in materials, supplies, articles, or equipment to be manufactured or used in the performance of a contract entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States, for the manufacture or furnishing of materials, supplies, articles, and equipment.

(a) 劳工部长可在条例中规定签约方是否是在履行行政部门、独立部门或美国其他政府部门或机构或美国政府全资控股的公司所签订的生产或提供材料、物资、物品或设备合同时，即将生产或者使用到的材料、物资、物品或设备的生产者或规则交易商的标准。

(b) Any interested person shall have the right of judicial review of any legal question regarding the interpretation of the terms “regular dealer” and “manufacturer”, as defined pursuant to subsection (a) of this section.

(b) 根据本节第（a）分节的定义，任何当事人有权对与“规则交易商”和“制造商”的解释相关的法律问题进行司法审查。

§ 44. Separability of Walsh-Healey provisions沃尔什-希利规定的独立性

If any provision of sections 35 to 45 of this title, or the application thereof to any persons or circumstances, is held invalid, the remainder of said sections, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

§ 44.本篇第35至45节的规定或对任何人任何情形的申请无效，不影响该节的其他部分以及对该规定的其他人或情形的申请的效力。

§ 45. Effective date of Walsh-Healey provisions; exception as to representations with respect to minimum wages

§ 45. 沃尔什-希利规定的有效日期；有关最低工资的例外情形

Sections 35 to 45 of this title shall apply to all contracts entered into pursuant to invitations for bids issued on or after ninety days from June 30, 1936: Provided, however, That the provisions requiring the inclusion of representations with respect to minimum wages shall apply only to purchases or contracts relating to such industries as have been the subject matter of a determination by the Secretary of Labor.

本篇第35至45节适用于根据1936年6月30日起90日后发出招标邀请所达成的一切合同；但规定与最低工资的条款有关的部分只适用于采购劳工部长作出规定的标的物的产业的合同。

§ 46. Committee for Purchase From People Who Are Blind or Severely Disabled 从§ 46.盲人或重度残疾人处采购事务委员会

(a)    Establishment

(a)设立

There is established a committee to be known as the Committee for Purchase From People Who Are Blind or Severely Disabled (hereafter in sections 46 to 48c of this title referred to as the “Committee”). The Committee shall be composed of fifteen members appointed as follows:

采购盲人或重度残疾人士产品委员会（本篇第46至48节以下称“委员会”）。该委员会应由以下方式任命的15位人员组成：

(1) The President shall appoint as a member one officer or employee from each of the following: The Department of Agriculture, the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Department of Education, the Department of Commerce, the Department of Veterans Affairs, the Department of Justice, the Department of Labor, and the General Services Administration. The head of each such department and agency shall nominate one officer or employee in his department or agency for appointment under this paragraph.

(1)总统应从下列每个部门的官员或雇员中任命一人为委员会委员：农业部、国防部、陆军部、海军部、空军部、教育部、商务部、退伍军人事务部、司法部、劳工部以及总务署。上述每个部门及机构的首长从该部门中指定一名官员或雇员任命委员。

(2)

(A) The President shall appoint one member from persons who are not officers or employees of the Government and who are conversant with the problems incident to the employment of the blind.

(A) 总统应从非政府官员或雇员但对雇佣盲人事务熟悉的人员中任命一名委员。

(B) The President shall appoint one member from persons who are not officers or employees of the Government and who are conversant with the problems incident to the employment of other severely handicapped individuals.

(B) 总统应从非政府官员或雇员但对雇佣其他重度残疾人士事务熟悉的人员中任命一名委员。

(C) The President shall appoint one member from persons who are not officers or employees of the Government and who represent blind individuals employed in qualified nonprofit agencies for the blind.

(C) 总统应从非政府官员或雇员但能代表受雇于有资质的盲人非盈利机构的盲人的人员中任命一名委员。

(D) The President shall appoint one member from persons who are not officers or employees of the Government and who represent severely handicapped individuals (other than blind individuals) employed in qualified nonprofit agencies for other severely handicapped individuals.

(D) 总统应从非政府官员或雇员但能代表受雇于有资质的其他重度残疾人士非盈利机构的人员中任命一名委员。

(b) Vacancy

(b) 空缺

A vacancy in the membership of the Committee shall be filled in the manner in which the original appointment was made.

委员会委员缺位的填补应以最初任命的方式进行。

(c) Chairman

(c) 主席

The members of the Committee shall elect one of their number to be Chairman.

委员会的委员应选举其中的一位作为主席。

(d) Terms

(d) 任期

(1) Except as provided in paragraphs (2), (3), and (4), members appointed under paragraph (2) of subsection (a) of this section shall be appointed for terms of five years. Any member appointed to the Committee under such paragraph may be reappointed to the Committee if he meets the qualifications prescribed by that paragraph.

(1) 除(2), (3), (4)段另有规定外，根据本节（a）（2）所任命的委员会委员任期为5年。如果符合该条条件，委员可以连任。

(2) Of the members first appointed under paragraph (2) of subsection (a) of this section—

(2) 根据本节 (a) (2) 初次任命的委员，根据任命时总统指定的具体期限，可能有以下几种情形：

(A) one shall be appointed for a term of three years,

(A) 任命期限为3年，

(B) one shall be appointed for a term of four years, and

(B) 任命期限为4年，

(C) one shall be appointed for a term of five years,

(C) 任命期限为5年，

as designated by the President at the time of appointment.

(3) Any member appointed under paragraph (2) of subsection (a) of this section to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member appointed under such paragraph may serve after the expiration of his term until his successor has taken office.

(3) 在前任委员期限未满时，根据本节(a) (2) 任命填补缺位的委员任期为前任委员剩余的期限。根据该段所任命的委员可一直在位直至其继任者任职为止。

(4) The member first appointed under paragraph (2)(B) of subsection (a) of this section shall be appointed for a term of three years.

(4) 根据本节(a) (2) (B) 初次任命的委员任期为3年。

(e) Pay and travel expenses

(e) 报酬和交通费用

(1) Except as provided in paragraph (2), members of the Committee shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of services for the Committee.

（1）除第（2）段另有规定外，委员会委员在为委员会工作期间，有权获得每日相当于一般工资表GS–18 级基本工资的薪水（出差旅途时间计算在内）。

(2) Members of the Committee who are officers or employees of the Government shall receive no additional pay on account of their service on the Committee.

(3) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 (b) [1] of title 5.

(f) Staff

(1) Subject to such rules as may be adopted by the Committee, the Chairman may appoint and fix the pay of such personnel as the Committee determines are necessary to assist it in carrying out its duties and powers under sections 46 to 48c of this title.

(2) Upon request of the Committee, the head of any entity of the Government is authorized to detail, on a reimbursable basis, any of the personnel of such entity to the Committee to assist it in carrying out its duties and powers under section 46 to 48c of this title.

(3) The staff of the Committee appointed under paragraph (1) shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title 5 relating to classification and General Schedule pay rates.

(g) Obtaining official data

The Committee may secure directly from any entity of the Government information necessary to enable it to carry out sections 46 to 48c of this title. Upon request of the Chairman of the Committee, the head of such Government entity shall furnish such information to the Committee.

(h) Administrative support services

The Administrator of General Services shall provide to the Committee on a reimbursable basis such administrative support services as the Committee may request.

(i) Annual report

The Committee shall, not later than December 31 of each year, transmit to the President and to the Congress a report which shall include the names of the Committee members serving in the preceding fiscal year, the dates of Committee meetings in that year, a description of its activities under sections 46 to 48c of this title in that year, and any recommendations for changes in sections 46 to 48c of this title which it determines are necessary.

§ 47. Duties and powers of the Committee 委员会的职权

(a) Procurement list: publication in Federal Register; additions and removals

(1) The Committee shall establish and publish in the Federal Register a list (hereafter in sections 46 to 48c of this title referred to as the “procurement list”) of—

(A) the commodities produced by any qualified nonprofit agency for the blind or by any qualified nonprofit agency for other severely handicapped, and

(B) the services provided by any such agency,

which the Committee determines are suitable for procurement by the Government pursuant to sections 46 to 48c of this title. Such list shall be established and published in the Federal Register before the expiration of the thirty-day period beginning on Aug. 1, 1971, and shall initially consist of the commodities contained, on such date, in the schedule of blind-made products issued by the former Committee on Purchases of Blind-Made Products under its regulations.

(2) The Committee may, by rule made in accordance with the requirements of subsections (b), (c), (d), and (e) of section 553 of title 5, add to and remove from the procurement list commodities so produced and services so provided.

(b) Fair market price; price revisions

The Committee shall determine the fair market price of commodities and services which are contained on the procurement list and which are offered for sale to the Government by any qualified nonprofit agency for the blind or any such agency for other severely handicapped. The Committee shall also revise from time to time in accordance with changing market conditions its price determinations with respect to such commodities and services.

(c) Central nonprofit agency; designation

The Committee shall designate a central nonprofit agency or agencies to facilitate the distribution (by direct allocation, subcontract, or any other means) of orders of the Government for commodities and services on the procurement list among qualified nonprofit agencies for the blind or such agencies for other severely handicapped.

(d) Rules and regulations; blind-made products, priority

(1) The Committee may make rules and regulations regarding

(A) specifications for commodities and services on the procurement list,

(B) the time of their delivery, and

(C) such other matters as may be necessary to carry out the purposes of sections 46 to 48c of this title.

(2) The Committee shall prescribe regulations providing that—

(A) in the purchase by the Government of commodities produced and offered for sale by qualified nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall be accorded to commodities produced and offered for sale by qualified nonprofit agencies for the blind, and

(B) in the purchase by the Government of services offered by nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall, until the end of the calendar year ending December 31, 1976, be accorded to services offered for sale by qualified nonprofit agencies for the blind.

(e) Problems and production methods; study and evaluation

The Committee shall make a continuing study and evaluation of its activities under sections 46 to 48c of this title for the purpose of assuring effective and efficient administration of sections 46 to 48c of this title. The Committee may study (on its own or in cooperation with other public or nonprofit private agencies)

(1) problems related to the employment of the blind and of other severely handicapped individuals, and

(2) the development and adaptation of production methods which would enable a greater utilization of the blind and other severely handicapped individuals.

§ 48. Procurement requirements for the Government; nonapplication to prison-made products 政府采购要求，不适用于监狱生产的产品

If any entity of the Government intends to procure any commodity or service on the procurement list, that entity shall, in accordance with rules and regulations of the Committee, procure such commodity or service, at the price established by the Committee, from a qualified nonprofit agency for the blind or such an agency for other severely handicapped if the commodity or service is available within the period required by that Government entity; except that this section shall not apply with respect to the procurement of any commodity which is available for procurement from an industry established under chapter 307 of title 18, and which, under section 4124 of such title 18, is required to be procured from such industry.

§ 48a. Audit 审计

The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and other records of the Committee and of each agency designated by the Committee under section 47 (c) of this title. This section shall also apply to any qualified nonprofit agency for the blind and any such agency for other severely handicapped which have sold commodities or services under sections 46 to 48c of this title but only with respect to the books, documents, papers, and other records of such agency which relate to its activities in a fiscal year in which a sale was made under sections 46 to 48c of this title.

美国总审计长或其授权代表，为审计和审查的需要，有权查阅委员会或委员会根据本篇47( c)指定的部门的账册、文本、文件及其他记录。本节适用于根据本篇第46至48c出售商品或服务的任何有资质的盲人及其他重度残疾的非盈利部门，但只限于销售财年与销售活动有关的上述部门的账册、文本、文件及其他记录。

§ 48b. Definitions 定义

For purposes of sections 46 to 48c of this title—

(1) The term “blind” refers to an individual or class of individuals whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.

(2) The terms “other severely handicapped” and “severely handicapped individuals” mean an individual or class of individuals under a physical or mental disability, other than blindness, which (according to criteria established by the Committee after consultation with appropriate entities of the Government and taking into account the views of non-Government entities representing the handicapped) constitutes a substantial handicap to employment and is of such a nature as to prevent the individual under such disability from currently engaging in normal competitive employment.

(3) The term “qualified nonprofit agency for the blind” means an agency—

(A) organized under the laws of the United States or of any State, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and

(C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under sections 46 to 48c of this title) during the fiscal year employs blind individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services.

(4) The term “qualified nonprofit agency for other severely handicapped” means an agency—

(A) organized under the laws of the United States or of any State, operated in the interest of severely handicapped individuals who are not blind, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and

(C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under sections 46 to 48c of this title) during the fiscal year employs blind or other severely handicapped individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services.

(5) The term “direct labor” includes all work required for preparation, processing, and packing of a commodity, or work directly relating to the performance of a service, but not supervision, administration, inspection, or shipping.

(6) The term “fiscal year” means the twelve-month period beginning on October 1 of each year. 财年是指每年的10月1日起12个月期限。

(7) The terms “Government” and “entity of the Government” include any entity of the legislative branch or the judicial branch, any executive agency or military department (as such agency and department are respectively defined by sections 102 and 105 of title 5), the United States Postal Service, and any nonappropriated fund instrumentality under the jurisdiction of the Armed Forces.

(7) “美国政府”及“政府实体”包括立法机关或司法机关的实体、行政部门或军事部门（该部门及机构概念分别由第5篇第102节及105节界定），美国邮政服务局以及部队管辖的任何非拨付资金机构。

(8) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

§ 48c. Authorization of appropriations

§ 48c. 拨款授权

There are authorized to be appropriated to the Committee to carry out sections 46 to 48c of this title $240,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the succeeding fiscal years.

截止1974年6月30日财年授权拨款$240,000以执行本篇46-48(c)节,该数额款项对下一财年来说可能是必需的。

§ 49. Defense employment; honorable discharge from land and naval forces as equivalent to birth certificate

§ 49. 国防用工；从陆军和海军光荣退伍等同于出生证明

No defense contractor shall deny employment, on account of failure to produce a birth certificate, to any person who submits, in lieu of a birth certificate, an honorable discharge certificate or certificate issued in lieu thereof from the Army, Air Force, Navy, Marine Corps, or Coast Guard of the United States, unless such honorable discharge certificate shows on its face that such person may have been an alien at the time of its issuance.

任何国防签约方不得，因为未能提供出生证明，而拒绝雇佣能提供美国陆军、空军、海军、海军陆战队光荣退伍证件的人员，除非该光荣退伍证表明在证书颁发时期其为外籍人。

§ 50. “Defense contractor” defined

§ 50.国防签约方的定义

As used in sections 49 and 50 of this title the term “defense contractor” means an employer engaged in—

第49至50节所指术语“国防签约方”是指以下雇主：

(1) the production, maintenance, or storage of arms, armament, ammunition, implements of war, munitions, machinery, tools, clothing, food, fuel, or any articles or supplies, or parts or ingredients of any articles or supplies; or

(1) 生产、维修或储存兵器、武器、弹药，实现战争、弹药、机械、工具、服装、食品、燃料或任何物品或用品或物品或用品的部件或成分；

(2) the construction, reconstruction, repair, or installation of a building, plant, structure, or facility;

(2) 楼房、工厂、建筑物或设施的建设、重建、修缮或安装；

under a contract with the United States or under any contract which the President, the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, or the Secretary of Transportation certifies to such employer to be necessary to the national defense. 根据与美国政府所签订的合同，或根据总统、陆军部长、空军部长、海军部长、交通部长证明该雇主对于国防是必需的合同。

§ 51. Short title

§ 51. 短标题                                           

Sections 51 to 58 of this title may be cited as the “Anti-Kickback Act of 1986”.

第51至58节引自《1986年反回扣法》。

§ 52. Definitions

§ 52. 定义

As used in sections 51 to 58 of this title:

在本篇第51至58节的使用中：

(1) The term “contracting agency”, when used with respect to a prime contractor, means any department, agency, or establishment of the United States which enters into a prime contract with a prime contractor.

(1) 关于首要承包商所用到的“签约机构”一词是指与主要承包商签订主合同的美国机构、部门或组织。

(2) The term “kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

（2） “回扣” 一词是为获取在主合同或与主合同有关的分包合同中的不正当优惠待遇，向任何主承包商，主承包商的雇员，分包商，或分包商雇员直接或间接提供的任何款项，费用，佣金，信贷，礼物，酬金，有价值的物品或好处。

(3) The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

（3）“人”一词是指公司、合伙、商业团体、信托、股份公司或个人。

(4) The term “prime contract” means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

（4）“主合同”是指有美国政府为获取任何货物、材料、设备或服务而签订的合同或合同行为。

(5) The term “prime contractor” means a person who has entered into a prime contract with the United States.

（5）“主承包商”是指与美国政府签订主合同的人。

(6) The term “prime contractor employee” means any officer, partner, employee, or agent of a prime contractor.

（6） “主承包商雇员”是指主承包商的任何职员、合伙人、雇员或代理商。

(7) The term “subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

（7）“分包合同”是指主承包商或分包商为获取任何货物、材料、设备或服务，根据主合同签订的合同或合同行为。

(8) The term “subcontractor”—

（8）“分包商”：

(A) means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and

(A) 指除主合同承包商外，根据主合同或跟该主合同有关的分合同出价提供货物、材料、设备或服务的任何人；

(B) includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.

(B) 指向主合同承包商或更高级分包商提供总体货物供应的任何人。

(9) The term “subcontractor employee” means any officer, partner, employee, or agent of a subcontractor.

(9) “分合同承包商雇员”是指分合同承包商的职员、合伙人、雇员或代理商。

§ 53. Prohibited conduct 禁止行为

It is prohibited for any person—

任何人不得：

(1) to provide, attempt to provide, or offer to provide any kickback;

（1）提供、企图提供或承诺提供回扣；

(2) to solicit, accept, or attempt to accept any kickback; or

(2) 索要、接受或试图接受回扣；

(3) to include, directly or indirectly, the amount of any kickback prohibited by clause (1) or (2) in the contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to the United States.

（3）与美国政府签订主合同的分包商或更高层的分包商的合同报价或主合同商的合同报价里直接或间接包含有上述（1）和（2）中所禁止的回扣金额。

§ 54. Criminal penalties 刑事处罚

Any person who knowingly and willfully engages in conduct prohibited by section 53 of this title shall be imprisoned for not more than 10 years or shall be subject to a fine in accordance with title 18, or both.

任何明知而故意犯本篇第53节所禁止的行为的，应处以五年以上徒刑或根据第18篇处以罚金，或二者并罚。

§ 55. Civil actions 民事诉讼

(a)

(1) The United States may, in a civil action, recover a civil penalty from any person who knowingly engages in conduct prohibited by section 53 of this title. The amount of such civil penalty shall be—

（1）在民事诉讼中，美国政府可从明知而违反本篇第53节禁止的行为人处获得民事赔偿。该民事赔偿数额应为—

(A) twice the amount of each kickback involved in the violation; and

（A）违法行为中回扣的数额的两倍；

(B) not more than $10,000 for each occurrence of prohibited conduct.

（B）每次禁止行为赔偿数额不超过$10,000。

(2) The United States may, in a civil action, recover a civil penalty from any person whose employee, subcontractor or subcontractor employee violates section 53 of this title by providing, accepting, or charging a kickback. The amount of such civil penalty shall be the amount of that kickback.

（2）在民事诉讼中，美国政府可从明知而违反本篇第53节禁止的行为，提供、接受或索要回扣的雇员、分包商或分包商雇员处获得民事赔偿。赔偿数额应为回扣的金额。

(b) A civil action under this section shall be barred unless the action is commenced within 6 years after the later of 如民事诉讼在以下两个日期中在后的日期之日起6年内未提出，则该诉讼不得再提起：

(1) the date on which the prohibited conduct establishing the cause of action occurred, and 引起诉讼的禁止行为发生之日，及

(2) the date on which the United States first knew or should reasonably have known that the prohibited conduct had occurred. 美国政府知道或应当知道禁止行为发生之日。

§ 56. Administrative offsets 行政抵销

(a) Offset authority 抵销权限

A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 53 of this title against any moneys owed by the United States to the prime contractor under the prime contract to which such kickback relates.

签约部门的合同官员可以将违反本篇第53节所提供、接受或索要的回扣数额与美国政府通过与该回扣相关的主合同的签约商欠付的金额进行抵销。

(b) Duties of prime contractor

(b) 主合同签约商的义务

(1) Upon direction of a contracting officer of a contracting agency with respect to a prime contract, the prime contractor shall withhold from any sums owed to a subcontractor under a subcontract of the prime contract the amount of any kickback which was or may be offset against that prime contractor under subsection (a) of this section.

（1）主合同签约部门的合同官员一旦发出指示，主合同签约商应截留根据主合同的分包合同所欠下分包商的款项以备本节（a）下主合同抵销之用。

(2) Such contracting officer may order that sums withheld under paragraph (1)—

(2) 该签约官员可以命令根据（1）段截留的钱款：

(A) be paid over to the contracting agency; or

(2)由签约部门支付，或

(B) if the United States has already offset the amount of such sums against that prime contractor, be retained by the prime contractor.

(B)如果美国政府已经抵销了主合同承包商的该款项，则该款由主合同签约商持有。

(3) The prime contractor shall notify the contracting officer when an amount is withheld and retained under paragraph (2)(B).

(3)如果款项根据上述（2）(B)截留并持有，主合同签约商应通知合同官员。

(c) Claim of Government

(c) 政府主张

An offset under subsection (a) of this section or a direction or order of a contracting officer under subsection (b) of this section is a claim by the Government for the purposes of the Contract Disputes Act of 1978 [41 U.S.C. 601 et seq.].

根据本节（a）或合同官员的抵销根据本节(b)的作出的指令或命令都是政府根据《1978年合同纠纷法》[41 U.S.C. 601 等]的立法精神作出的主张。

(d) “Contracting officer” defined

(d) “合同官员”定义

As used in this section, the term “contracting officer” has the meaning given that term for the purposes of the Contract Disputes Act of 1978 [41 U.S.C. 601 et seq.].

本节中“合同官员”的含义由《1978年合同纠纷法》[41 U.S.C. 601 等]界定。

§ 57. Contractor responsibilities 承包商义务

(a)    Procedural requirements for prevention and detection of violations

(a) 对违法行为进行预防和追查的程序要求

Each contracting agency shall include in each prime contract awarded by such agency a requirement that the prime contractor shall have in place and follow reasonable procedures designed to prevent and detect violations of section 53 of this title in its own operations and direct business relationships.

各签约部门在其授予的主合同中都应载明主合同签约商在其自身的运营及直接商务往来中应当列明并遵守为预防和追查本篇第53节违法行为的合理程序的要求。

(b)   Cooperation in investigations requirement

(b) 在调查中予以配合的要求

Each contracting agency shall include in each prime contract awarded by such agency a requirement that the prime contractor shall cooperate fully with any Federal Government agency investigating a violation of section 53 of this title.

各签约部门在其授予的主合同中都应载明主合同签约在调查本篇第53节规定的违法行为时应予以充分配合的要求。

(c) Reporting requirement; supplying information as favorable evidence of responsibility

(c) 报告要求；对尽责提供有利的证据材料

(1)

(A) Whenever a prime contractor or subcontractor has reasonable grounds to believe that a violation of section 53 of this title may have occurred, the prime contractor or subcontractor shall promptly report the possible violation in writing.

(A) 一旦主合同签约商或分包商有合理理由相信可能发生了本篇第53节规定的违法行为，主合同签约商或分包商有义务立即以书面形式报告该违法行为。

(B) A contractor shall make the reports required by subparagraph (A) to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(B) 签约商应按照（A）的要求将情况报告给签约部门的总检察长，如果该部门没有总检查长或司法部门，则报告给该部门的首长。

(2) In the case of an administrative or contractual action to suspend or debar any person who is eligible to enter into contracts with the Federal Government, evidence that such person has supplied information to the United States pursuant to paragraph (1) shall be favorable evidence of such person’s responsibility for the purposes of Federal procurement laws and regulations.

如果行政管理或合同诉讼决定暂停或禁止有资格与联邦政府签订合同的任何人，则其根据上述（1）所提供信息应作为其履行联邦政府采购法律法规义务的有利证据。

(d) Partial inapplicability to small contracts

(d) 小额合同部分不适用

Subsections (a) and (b) of this section do not apply to a prime contract that is not greater than $100,000 or to a prime contract for the acquisition of commercial items (as defined in section 403 (12) of this title).

本节(a)和（b）不适用于金额等于或小于$100,000的主合同或采购商品的主合同（本篇403（12）所规定）。

(e) Cooperation in investigations regardless of contract amount

(e) 不论合同金额大小，都应在调查中进行合作

Notwithstanding subsection (d) of this section, a prime contractor shall cooperate fully with any Federal Government agency investigating a violation of section 53 of this title.

尽管有本节（d）的规定，主合同签约商在调查违反本篇第53节规定的行为时应当与各联邦政府机构充分合作。

§ 58. Inspection authority 审查机构

For the purpose of ascertaining whether there has been a violation of section 53 of this title with respect to any prime contract, the Government Accountability Office and the inspector general of the contracting agency, or a representative of such contracting agency designated by the head of such agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including any electronic data or records, of any prime contractor or subcontractor under a prime contract awarded by such agency. This section does not apply with respect to a prime contract for the acquisition of commercial items (as defined in section 403 (12) of this title).

为查清是否存在违反本篇第53节规定的与主合同有关的行为，总务署及签约部门的总检察长（如没有总检察长一职则由该部门首长指派该签约部门代表），有权检查设施，审计账册，包括该部门授予的主合同项下主合同签约商或分包商电子数据或记录。本节不适用于与采购商品有关的主合同（该内容由本篇403 (12)规定）。