The Federal Property and Administrative Services
Act, also known as the Procurement Act, exists to
"provide the federal government with an economical
and efficient system for .. . [p]rocuring and supplying
property and nonpersonal services." Toward that end,
the Act created the General Services Administration
to manage procurement and supply, and it allows the
President to "prescribe policies and directives" he
"considers necessary" to accomplish the Act's purposes. In 2021, President Biden invoked this power to
require most federal contractors to pay their employees a $15-per-hour minimum wage. The resulting
rule, issued by the Department of Labor, extends even
to small businesses, like Petitioner Arkansas Valley
Adventure, that merely hold permits to conduct
guided expeditions on federal land, but that neither
procure property or services for, nor supply them to or
on behalf of, the federal government.

The questions presented are:

1. Whether the Procurement Act authorizes the
President to require federal permittees to pay
their employees a minimum wage.

2. Whether the Procurement Act delegates lawmaking power to the Executive Branch in violation of Article I of the Constitution.

Whether the Procurement Act authorizes the President to require federal permittees to pay their employees a minimum wage and whether such delegation violates Article I of the Constitution