FAR 22.1601—Definitions.
Plain-English Summary
FAR 22.1601 is a definitions section for Subpart 22.16, so it does not impose substantive labor requirements by itself; instead, it tells readers how to interpret key terms used throughout the subpart. It specifically defines two terms: “Secretary,” meaning the Secretary of Labor, U.S. Department of Labor, and “United States,” meaning the 50 States, the District of Columbia, Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. These definitions matter because they control the geographic and administrative scope of the subpart’s requirements and determine which labor official has authority for purposes of the rules that follow. In practice, contracting officers, contractors, and compliance staff must use these definitions when deciding whether a contract, worksite, or employee falls within the subpart’s coverage and when identifying the correct Department of Labor authority for questions, enforcement, or approvals. Because the term “United States” is defined broadly, contractors should not assume the subpart applies only to the 50 States; the listed territories and island locations are included as well.
Key Rules
Secretary means Labor Secretary
When this subpart refers to the “Secretary,” it means the Secretary of Labor, U.S. Department of Labor. This definition ensures that any authority, consultation, approval, or enforcement role assigned to the Secretary is understood to belong to the Department of Labor, not another agency official.
United States is broadly defined
For this subpart, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. This is a coverage definition, so the subpart’s geographic reach extends beyond the continental States to specified territories and island locations.
Definitions control subpart scope
These terms apply only within this subpart and are used to interpret the requirements that follow. Readers should apply them whenever the subpart uses the defined terms, because the meaning may differ from ordinary usage or from definitions in other FAR parts.
Responsibilities
Contracting Officer
Apply the defined terms correctly when determining whether the subpart applies to a procurement, place of performance, or labor-related issue. Use the definition of “Secretary” when interacting with or referring matters to the Department of Labor.
Contractor
Read the subpart’s requirements using these definitions, especially when assessing whether performance locations in territories or island areas are covered. Do not assume that only the 50 States are included in the term “United States.”
Agency
Ensure acquisition personnel and compliance staff use the subpart’s defined terms consistently in solicitations, contracts, and enforcement or oversight actions. Coordinate with the Department of Labor through the proper Secretary-level authority when the subpart requires it.
Department of Labor
Act as the referenced federal labor authority for the subpart whenever the term “Secretary” is used. Provide guidance, determinations, or enforcement actions as authorized by the subpart and related labor regulations.
Practical Implications
This section is a scope-and-interpretation tool, so its main day-to-day effect is on how later requirements in the subpart are read and applied.
A common mistake is assuming “United States” means only the 50 States; here it expressly includes several territories and island locations, which can change coverage determinations.
Another pitfall is misidentifying the responsible labor official; when the subpart says “Secretary,” the correct reference is the Secretary of Labor.
Contracting officers should use these definitions when drafting clauses, evaluating performance locations, and deciding whether a contract action falls within the subpart’s geographic reach.
Contractors with work in U.S. territories or island locations should verify coverage early, because the defined term may bring those locations within the subpart even if they are overlooked in routine compliance reviews.
Official Regulatory Text
As used in this subpart- Secretary means the Secretary of Labor, U.S. Department of Labor. United States means the 50 States, the District of Columbia, Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.