§ 38. — Administration of WalshHealey provisions; officers and employees; appointment; investigations; rules and regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC38]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 38. Administration of Walsh-Healey provisions; officers and
employees; appointment; investigations; rules and regulations
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.
(June 30, 1936, ch. 881, Sec. 4, 49 Stat. 2038; Oct. 28, 1949, ch. 782,
title XI, Sec. 1106(a), 63 Stat. 972.)
Codification
Provisions of second sentence of this section that authorized the
Secretary to appoint an administrative officer and such attorneys and
experts ``without regard to the provisions of the civil service laws''
were omitted as obsolete. Such appointments are subject to the civil
service laws unless specifically excepted by such laws or by laws
enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the
President pursuant to the Act of Nov. 26, 1940, ch. 919, title I,
Sec. 1, 54 Stat. 1211, which covered most excepted positions into the
classified (competitive) civil service. The Order is set out as a note
under section 3301 of Title 5, Government Organization and Employees.
``Chapter 51 and subchapter III of chapter 53 of title 5''
substituted in text for ``the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5.
Amendments
1949--Act Oct. 28, 1949, substituted ``Classification Act of 1949''
for ``Classification Act of 1923''.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
Transfer of Functions
For transfer of functions of all other officers, employees, and
agencies of Department of Labor, with certain exceptions, to Secretary
of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 43a, 353 of this title;
title 25 section 450j; title 40 section 3704.
