An Act to amend the Service Contract Act of 1965 to revise the method of computing wage rates under such act, and for other purposes
PL 92-473 (H.R.15376), enacted 10/09/1972

86 STAT. ] 
PUBLIC LAW 92-473-OCT. 9, 1972 
789 
Public Law 92-473 
A N A C T 
October 9, 1972 
FH 
R 153761 
To amend the Service Contract Act of 1965 to revise the method of computing —L_:—: 
1— 
wage rates under such Act, and for other purposes. 
Service Con-
rates, statement. 
Ante, 
p. 564. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress a^seinbled^ That (a) section 2 
(a) (1) of the service Contract Act of 1965 is amended by striking I'^end^in'tl,^^^^' 
out all after "locality," and inserting in lieu thereof the following: 
79 stat. 1034. 
"or, where a collective-bargaining agreement covers any such service 
^^ ^^^ ^^^* 
employees, in accordance with the rates for such employees provided 
for in such agreement, including prospective wage increases provided 
for in such agreement as a result of arm's-length negotiations. In no 
case shall such wages be lower than the minimum specified in sub-
section (b)". 
(b) Section 2(a) (2) of such Act is amended by striking out the 
Fringe benefits 
period after "locality" and inserting in lieu thereof the following: 
", or, where a collective-bargaining agreement covers any such service 
employees, to be provided for in such agreement, including prospective 
fringe benefit increases provided for in such agreement as a result of 
arm's-length negotiations." 
SEC. 2. Section 2(a) of such Act is amended bv adding at the end 
federal agency 
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rates. statf»mf»nt. 
thereof the lollowmg new paragraph: 
"(5) A statement of the rates that would be paid by the Fed-
eral agency to the various classes of service employees if section 
5341 of title 5, United States Code, were applicable to them. The 
Secretary shall give due consideration to such rates in making the 
wage and fringe benefit determinations specified in this section." 
SEC. 3. (a) Section 4(b) of such Act is amended by striking out all 
Enforcement 
after "Act" and inserting in lieu thereof the following: "(other than ^^*n°''*^' ^
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^
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°
' 
section 10), but only in special circumstances where he determines that 
41 use 353. 
such limitation, variation, tolerance, or exemption is necessary and 
proper in the public interest or to avoid the serious impairment of gov-
ernment business, and is in accord with the remedial purpose of this 
Act to protect prevailing labor standards." 
(b) Section 4 of such Act is amended by adding at the end thereof 
the following new subsections: 
"(c) No contractor or subcontractor under a contract, which sue- 
Predecessor 
ceeds a contract subject to this Act and under which substantially the abmty'l'' °^^^"" 
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) Subject to limitations in annual appropriation Acts but not-
withstanding any other provision of law, contracts to which this Act 
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 determina-
tions, issued in the manner prescribed in section 2 of this Act no less 
often than once every two years during the term of the contract, 
covering the various classes of service employees." 
Service con-
tract term. 
790 
PUBLIC LAW 92-474-OCT. 9, 1972 
[86 STAT. 
Violators. 
79 Stat. 1035. 
41 u s e 354. 
Wages and 
fringe benefits, 
determination. 
SEC. 4. Section 5 (a) of such Act is amended by inserting before the 
first comma of the second sentence the words "because of unusual cir-
cumstances" and by adding at the end of such section 5(a) the follow-
ing : "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 Act, for-
ward to the Comptroller General the name of the individual or firm 
found to have violated the provisions of this Act." 
SEC. 5. Such Act is amended by adding at the end thereof the follow-
ing new section: 
"SEC. 10. It is the intent of the Congress that determinations of 
uiinimum monetary wages and fringe benefits for the various classes 
of service employees under the provisions of paragraphs (1) and (2) 
of section 2 should be made with respect to all contracts subject to this 
Act, as soon as it is administratively feasible to do so. In any event, 
the Secretary shall make such determinations with respect to at least 
rhe following contracts subject to this Act which are entered into 
during the applicable fiscal year: 
"(1) For the fiscal year ending June 30, 1973, all contracts 
under which more than twenty-five service employees are to be 
employed. 
"(2) For the fiscal year ending June 30, 1974, all contracts 
under which more than twenty service employees are to be 
employed. 
(3) For the fiscal year ending June 30, 1975, all contracts 
imder which more than fifteen service employees are to be 
employed. 
"(4) For the fiscal year ending June 30, 1976, all contracts 
under which more than ten service employees are to be employed. 
"(5) For the fiscal year ending June 30, 1977, and for each 
fiscal year thereafter, all contracts under which more than five 
service employees are to be em]:)loyed." 
Approved October 9, 1972. 
October 9, 1972 
[H. R.10857] 
Public Law 92-474 
AN ACT 
To authorize the Secretary of Agriculture to exchange certain national forest 
lands within the Carson and Santa Fe National Forests in the State of New 
Mexico for certain private lands within the Piedra Lumbre Grant, in the 
State of New Mexico, and for other purposes. 
Carson and 
Santa Fe National 
Forests, N. Mex. 
Land exchange. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of Agriculture is authorized to convey by quitclaim deed certain 
national forest lands within the Carson and Sante Fe National Forests, 
in the State of New Mexico, of approximately one thousand and 
sixty acres, described and designated on a map on file in the Office of 
the Chief, Forest Service, Washington, District of Columbia, in 
exchange for approximately three hundred and ten acres of private 
land and the improvements thereon, of substantially equal A^alue, 
within the Piedra Lumbre Grant, in the State of New Mexico, described 
and designated on a map on file in the Office of the Chief, Forest 
Service, Washington, District of Columbia.