2004 US Code
Title 41 - PUBLIC CONTRACTS
CHAPTER 6 - SERVICE CONTRACT LABOR STANDARDS
Sec. 352 - Violations

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Metadata
Publication TitleUnited States Code, 2000 Edition, Supplement 4, Title 41 - PUBLIC CONTRACTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 41 - PUBLIC CONTRACTS
CHAPTER 6 - SERVICE CONTRACT LABOR STANDARDS
Sec. 352 - Violations
Containssection 352
Date2004
Laws in Effect as of DateJanuary 3, 2005
Positive LawNo
Dispositionstandard
Source CreditPub. L. 89-286, §3, Oct. 22, 1965, 79 Stat. 1035.
Statutes at Large Reference79 Stat. 1035
Public Law ReferencePublic Law 89-286


§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, §3, Oct. 22, 1965, 79 Stat. 1035.)

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