§ 353. — Law governing authority of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC353]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 6--SERVICE CONTRACT LABOR STANDARDS
Sec. 353. Law governing authority of Secretary
(a) Enforcement of chapter
Sections 38 and 39 of this title shall govern the Secretary's
authority to enforce this chapter, make rules, regulations, issue
orders, hold hearings, and make decisions based upon findings of fact,
and take other appropriate action hereunder.
(b) Limitations and regulations allowing variations, tolerances, and
exemptions
The Secretary may provide such reasonable limitations and may make
such rules and regulations allowing reasonable variation, tolerances,
and exemptions to and from any or all provisions of this chapter (other
than section 358 of this title), but only in special circumstances where
he determines that such limitation, variation, tolerance, or exemption
is necessary and proper in the public interest or to avoid the serious
impairment of government business, and is in accord with the remedial
purpose of this chapter to protect prevailing labor standards.
(c) Predecessor contracts; employees' wages and fringe benefits
No contractor or subcontractor under a contract, which succeeds a
contract subject to this chapter and under which substantially the same
services are furnished, shall pay any service employee under such
contract less than the wages and fringe benefits, including accrued
wages and fringe benefits, and any prospective increases in wages and
fringe benefits provided for in a collective-bargaining agreement as a
result of arm's-length negotiations, to which such service employees
would have been entitled if they were employed under the predecessor
contract: Provided, That in any of the foregoing circumstances such
obligations shall not apply if the Secretary finds after a hearing in
accordance with regulations adopted by the Secretary that such wages and
fringe benefits are substantially at variance with those which prevail
for services of a character similar in the locality.
(d) Duration of contract
Subject to limitations in annual appropriation Acts but
notwithstanding any other provision of law, contracts to which this
chapter applies may, if authorized by the Secretary, be for any term of
years not exceeding five, if each such contract provides for the
periodic adjustment of wages and fringe benefits pursuant to future
determinations, issued in the manner prescribed in section 351 of this
title no less often than once every two years during the term of the
contract, covering the various classes of service employees.
(Pub. L. 89-286, Sec. 4, Oct. 22, 1965, 79 Stat. 1035; Pub. L. 92-473,
Sec. 3, Oct. 9, 1972, 86 Stat. 789.)
Amendments
1972--Subsec. (b). Pub. L. 92-473, Sec. 3(a), excluded section 358
of this title from being subject to Secretary's authority to provide
limitations and to make regulations respecting application of provisions
of this chapter, substituted ``but only in special circumstances where
he determines that such limitation, variation, tolerance, or exemption
is necessary and proper'' for ``as he may find necessary and proper'',
and authorized administrative action in accord with the remedial purpose
of this chapter to protect prevailing labor standards.
Subsecs. (c), (d). Pub. L. 92-473, Sec. 3(b), added subsecs. (c) and
(d).
Section Referred to in Other Sections
This section is referred to in sections 351, 352 of this title.
