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

QUESTIONS PRESENTED 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.