168 
HR 1107 RH 
and local officers and employees as the Secretary finds necessary to assist 
in the administration of this chapter. 
(d) APPOINTMENTS.—The Secretary shall appoint an administrative offi-
cer and attorneys, experts, and other employees from time to time as the 
Secretary finds necessary for the administration of this chapter. The ap-
pointments are subject to chapter 51 and subchapter III of chapter 53 of 
title 5 and other law applicable to the employment and compensation of offi-
cers and employees of the Federal Government. 
(e) INVESTIGATIONS.—The Secretary, or an authorized representative of 
the Secretary, may make investigations and findings as provided in this 
chapter and may, in any part of the United States, prosecute an inquiry 
necessary to carry out this chapter. 
§ 6507. Hearing authority and procedures 
(a) RECORD
AND HEARING REQUIREMENTS
FOR WAGE DETERMINA-
TIONS.—A wage determination under section 6502(1) of this title shall be 
made on the record after opportunity for a hearing. 
(b) AUTHORITY TO HOLD HEARINGS.—The Secretary or an impartial 
representative designated by the Secretary may hold hearings when there is 
a complaint of breach or violation of a representation or stipulation included 
in a contract under section 6502 of this title. The Secretary may initiate 
hearings on the Secretary’s own motion or on the application of a person 
affected by the ruling of an agency of the United States relating to a pro-
posal or contract under this chapter. 
(c) ORDERS TO COMPEL TESTIMONY.—The Secretary or an impartial 
representative designated by the Secretary may issue orders requiring wit-
nesses to attend hearings held under this section and to produce evidence 
and testify under oath. Witnesses shall be paid fees and mileage at the same 
rates as witnesses in courts of the United States. 
(d) ENFORCEMENT OF ORDERS.—If a person refuses or fails to obey an 
order issued under subsection (c), the Secretary or an impartial representa-
tive designated by the Secretary may bring an action to enforce the order 
in a district court of the United States or in the district court of a territory 
or possession of the United States. A court has jurisdiction to enforce the 
order if the inquiry is being carried out within the court’s judicial district 
or if the person is found or resides or transacts business within the court’s 
judicial district. The court may issue an order requiring the person to obey 
the order issued under subsection (c), and the court may punish any further 
refusal or failure as contempt of court. 
(e) FINDINGS OF FACT.—After notice and a hearing, the Secretary or an 
impartial representative designated by the Secretary shall make findings of 
fact. The findings are conclusive for agencies of the United States. If sup-
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
169 
HR 1107 RH 
ported by a preponderance of the evidence, the findings are conclusive in 
any court of the United States. 
(f) DECISIONS.—The Secretary or an impartial representative designated 
by the Secretary may make decisions, based on findings of fact, that are 
considered necessary to enforce this chapter. 
§ 6508. Authority to make exceptions 
(a) DUTY OF THE SECRETARY TO MAKE EXCEPTIONS.—When the head 
of an agency of the United States makes a written finding that the inclusion 
of representations or stipulations under section 6502 of this title in a pro-
posal or contract will seriously impair the conduct of Federal Government 
business, the Secretary shall make exceptions, in specific cases or otherwise, 
when justice or the public interest will be served. 
(b) AUTHORITY
OF
THE SECRETARY TO MODIFY EXISTING CON-
TRACTS.—When an agency of the United States and a contractor jointly 
recommend, the Secretary may modify the terms of an existing contract 
with respect to minimum wages and maximum hours of labor as the Sec-
retary finds necessary and proper in the public interest or to prevent injus-
tice and undue hardship. 
(c) AUTHORITY OF THE SECRETARY TO ALLOW LIMITATIONS, VARI-
ATIONS, TOLERANCES, AND EXEMPTIONS.—The Secretary may provide rea-
sonable limitations and may prescribe regulations to allow reasonable vari-
ations, tolerances, and exemptions in the application of this chapter to con-
tractors, including with respect to minimum wages and maximum hours of 
labor. 
(d) RATE OF PAY FOR OVERTIME.—When the Secretary permits an in-
crease in the maximum hours of labor stipulated in a contract, the Sec-
retary shall set a rate of pay for overtime. The overtime rate must be at 
least one and one-half times the basic hourly rate. 
(e) AUTHORITY OF THE PRESIDENT TO SUSPEND.—The President may 
suspend any of the representations and stipulations contained in section 
6502 of this title whenever, in the President’s judgment, suspension is in 
the public interest. 
§ 6509. Other procedures 
(a) APPLICABILITY
OF CERTAIN ADMINISTRATIVE PROVISIONS.—Not-
withstanding section 553 of title 5, subchapter II of chapter 5 and chapter 
7 of title 5 are applicable in the administration of sections 6501 to 6507 
and 6511 of this title. 
(b) JUDICIAL REVIEW IN GENERAL.—Notwithstanding the inclusion of 
representations and stipulations in a contract under section 6502 of this 
title, an interested person has the right of judicial review of any legal ques-
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
170 
HR 1107 RH 
tion which might otherwise be raised, including wage determinations and the 
interpretation of the terms ‘‘locality’’ and ‘‘open market’’. 
(c) JUDICIAL REVIEW OF WAGE DETERMINATIONS.—A person adversely 
affected or aggrieved by a wage determination under section 6502(1) of this 
title has the right of judicial review of the determination, or of the applica-
bility of the determination, within 90 days after the determination is made, 
in the manner provided by chapter 7 of title 5. A person adversely affected 
or aggrieved by a wage determination is deemed to include a person in an 
industry to which the determination applies that is a supplier of materials, 
supplies, articles, or equipment that are purchased or intended to be pur-
chased by the Federal Government from any source. 
§ 6510. Manufacturers and regular dealers 
(a) PRESCRIBING STANDARDS.—The Secretary may prescribe, in regula-
tions, standards for determining whether a contractor is a manufacturer or 
regular dealer with respect to materials, supplies, articles, or equipment to 
be manufactured or furnished under, or used in the performance of, a con-
tract entered into by an agency of the United States. 
(b) JUDICIAL REVIEW.—An interested person has the right of judicial re-
view of any legal question relating to interpretation of the terms ‘‘regular 
dealer’’ and ‘‘manufacturer’’ as defined pursuant to subsection (a). 
§ 6511. Effect on other law 
This chapter may not be construed to modify or amend the following pro-
visions: 
(1) Chapter 83 of this title. 
(2) Sections 3141 to 3144, 3146, and 3147 of title 40. 
(3) Chapter 307 of title 18. 
CHAPTER 67—SERVICE CONTRACT LABOR STANDARDS 
Sec. 
6701.
Definitions. 
6702.
Contracts to which this chapter applies. 
6703.
Required contract terms. 
6704.
Limitation on minimum wage. 
6705.
Violations. 
6706.
Three-year prohibition on new contracts in case of violation. 
6707.
Enforcement and administration of chapter. 
§ 6701. Definitions 
In this chapter: 
(1) COMPENSATION.—The term ‘‘compensation’’ means any of the 
payments or fringe benefits described in section 6703 of this title. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 
Labor. 
(3) SERVICE EMPLOYEE.—The term ‘‘service employee’’— 
(A) means an individual engaged in the performance of a con-
tract made by the Federal Government and not exempted under 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
171 
HR 1107 RH 
section 6702(b) of this title, whether negotiated or advertised, the 
principal purpose of which is to furnish services in the United 
States; 
(B) includes an individual without regard to any contractual re-
lationship alleged to exist between the individual and a contractor 
or subcontractor; but 
(C) does not include an individual employed in a bona fide exec-
utive, administrative, or professional capacity, as those terms are 
defined in part 541 of title 29, Code of Federal Regulations. 
(4) UNITED STATES.—The term ‘‘United States’’— 
(A) includes any State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, the outer Continental 
Shelf as defined in the Outer Continental Shelf Lands Act (43 
U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and 
Johnston Island; but 
(B) does not include any other territory under the jurisdiction 
of the United States or any United States base or possession with-
in a foreign country. 
§ 6702. Contracts to which this chapter applies 
(a) IN GENERAL.—Except as provided in subsection (b), this chapter ap-
plies to any contract or bid specification for a contract, whether negotiated 
or advertised, that— 
(1) is made by the Federal Government or the District of Columbia; 
(2) involves an amount exceeding $2,500; and 
(3) has as its principal purpose the furnishing of services in the 
United States through the use of service employees. 
(b) EXEMPTIONS.—This chapter does not apply to— 
(1) a contract of the Federal Government or the District of Colum-
bia for the construction, alteration, or repair, including painting and 
decorating, of public buildings or public works; 
(2) any work required to be done in accordance with chapter 65 of 
this title; 
(3) a contract for the carriage of freight or personnel by vessel, air-
plane, bus, truck, express, railway line or oil or gas pipeline where pub-
lished tariff rates are in effect; 
(4) a contract for the furnishing of services by radio, telephone, tele-
graph, or cable companies, subject to the Communications Act of 1934 
(47 U.S.C. 151 et seq.); 
(5) a contract for public utility services, including electric light and 
power, water, steam, and gas; 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS