41 U.S.C. § 353 : US Code - Section 353: Law governing authority of Secretary

Search 41 U.S.C. § 353 : US Code - Section 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.