§ 354. — List of violators; prohibition of contract award to firms appearing on list; actions to recover underpayments; payment of sums recovered.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC354]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 6--SERVICE CONTRACT LABOR STANDARDS
Sec. 354. List of violators; prohibition of contract award to
firms appearing on list; actions to recover underpayments;
payment of sums recovered
(a) The Comptroller General is directed to distribute a list to all
agencies of the Government giving the names of persons or firms that the
Federal agencies or the Secretary have found to have violated this
chapter. Unless the Secretary otherwise recommends because of unusual
circumstances, no contract of the United States shall be awarded to the
persons or firms appearing on this list or to any firm, corporation,
partnership, or association in which such persons or firms have a
substantial interest until three years have elapsed from the date of
publication of the list containing the name of such persons or firms.
Where the Secretary does not otherwise recommend because of unusual
circumstances, he shall, not later than ninety days after a hearing
examiner has made a finding of a violation of this chapter, forward to
the Comptroller General the name of the individual or firm found to have
violated the provisions of this chapter.
(b) If the accrued payments withheld under the terms of the contract
are insufficient to reimburse all service employees with respect to whom
there has been a failure to pay the compensation required pursuant to
this chapter, the United States may bring action against the contractor,
subcontractor, or any sureties in any court of competent jurisdiction to
recover the remaining amount of underpayments. Any sums thus recovered
by the United States shall be held in the deposit fund and shall be
paid, on order of the Secretary, directly to the underpaid employee or
employees. Any sum not paid to an employee because of inability to do so
within three years shall be covered into the Treasury of the United
States as miscellaneous receipts.
(Pub. L. 89-286, Sec. 5, Oct. 22, 1965, 79 Stat. 1035; Pub. L. 92-473,
Sec. 4, Oct. 9, 1972, 86 Stat. 790.)
Amendments
1972--Subsec. (a). Pub. L. 92-473 authorized award of contracts to
violators because of unusual circumstances and required the Secretary to
forward names of violators to Comptroller General within ninety days of
hearing examiner's finding of a violation where the Secretary does not
recommend awards because of unusual circumstances.
Section Referred to in Other Sections
This section is referred to in section 351 of this title.