§ 352. — Violations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC352]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 6--SERVICE CONTRACT LABOR STANDARDS
Sec. 352. Violations
(a) Liability of responsible party; withholding payments due on
contract; payment of underpaid employees from withheld payments
Any violation of any of the contract stipulations required by
section 351(a)(1) or (2) or of section 351(b) of this title shall render
the party responsible therefor liable for a sum equal to the amount of
any deductions, rebates, refunds, or underpayment of compensation due to
any employee engaged in the performance of such contract. So much of the
accrued payment due on the contract or any other contract between the
same contractor and the Federal Government may be withheld as is
necessary to pay such employees. Such withheld sums shall be held in a
deposit fund. On order of the Secretary, any compensation which the head
of the Federal agency or the Secretary has found to be due pursuant to
this chapter shall be paid directly to the underpaid employees from any
accrued payments withheld under this chapter.
(b) Enforcement of section
In accordance with regulations prescribed pursuant to section 353 of
this title, the Federal agency head or the Secretary is hereby
authorized to carry out the provisions of this section.
(c) Cancellation of contract; contracts for completion of original
contract; liability of original contractor for additional cost
In addition, when a violation is found of any contract stipulation,
the contract is subject upon written notice to cancellation by the
contracting agency. Whereupon, the United States may enter into other
contracts or arrangements for the completion of the original contract,
charging any additional cost to the original contractor.
(Pub. L. 89-286, Sec. 3, Oct. 22, 1965, 79 Stat. 1035.)
Section Referred to in Other Sections
This section is referred to in section 351 of this title.
