§ 357. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC357]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 6--SERVICE CONTRACT LABOR STANDARDS
Sec. 357. Definitions
For the purposes of this chapter--
(a) ``Secretary'' means Secretary of Labor.
(b) The term ``service employee'' means any person engaged in
the performance of a contract entered into by the United States and
not exempted under section 356 of this title, whether negotiated or
advertised, the principal purpose of which is to furnish services in
the United States (other than any person employed in a bona fide
executive, administrative, or professional capacity, as those terms
are defined in part 541 of title 29, Code of Federal Regulations, as
of July 30, 1976, and any subsequent revision of those regulations);
and shall include all such persons regardless of any contractual
relationship that may be alleged to exist between a contractor or
subcontractor and such persons.
(c) The term ``compensation'' means any of the payments or
fringe benefits described in section 351 of this title.
(d) The term ``United States'' when used in a geographical sense
shall include any State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf
lands as defined in the Outer Continental Shelf Lands Act, American
Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, Johnston
Island, and Canton Island, but shall not include any other territory
under the jurisdiction of the United States or any United States
base or possession within a foreign country.
(Pub. L. 89-286, Sec. 8, Oct. 22, 1965, 79 Stat. 1036; Pub. L. 93-57,
Sec. 1, July 6, 1973, 87 Stat. 140; Pub. L. 94-489, Sec. 3, Oct. 13,
1976, 90 Stat. 2358.)
References in Text
The Outer Continental Shelf Lands Act, referred to in subsec. (d),
is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1331 of Title 43
and Tables.
Amendments
1976--Subsec. (b). Pub. L. 94-489 substituted provision defining
service employees to include all employees, but excluding bona fide
executive, administrative, and professional employees, for provision
defining service employees as guards, watchmen, any person engaged in a
recognized trade or craft, or in unskilled, semiskilled, or skilled
manual labor occupations; and any other employee including a foreman or
supervisor in a position having trade, craft, or laboring experience as
the paramount requirement.
1973--Subsec. (d). Pub. L. 93-57 defined ``United States'' to
include Canton Island.
Effective Date of 1973 Amendment
Section 2 of Pub. L. 93-57 provided that: ``The amendment made
hereby [amending this section] shall be effective with respect to all
contracts entered into at any time after the date of enactment [July 6,
1973].''
