
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 41USC36]

 
                       TITLE 41--PUBLIC CONTRACTS
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 36. Liability for contract breach; cancellation; completion 
        by Government agency; employee's wages
        
    Any breach or violation of any of the representations and 
stipulations in any contract for the purposes set forth in section 35 of 
this title shall render the party responsible therefor liable to the 
United States of America for liquidated damages, in addition to damages 
for any other breach of such contract, the sum of $10 per day for each 
male person under sixteen years of age or each female person under 
eighteen years of age, or each convict laborer knowingly employed in the 
performance of such contract, and a sum equal to the amount of any 
deductions, rebates, refunds, or underpayment of wages due to any 
employee engaged in the performance of such contract; and, in addition, 
the agency of the United States entering into such contract shall have 
the right to cancel same and to make open-market purchases or enter into 
other contracts for the completion of the original contract, charging 
any additional cost to the original contractor. Any sums of money due to 
the United States of America by reason of any violation of any of the 
representations and stipulations of said contract set forth in section 
35 of this title may be withheld from any amounts due on any such 
contracts or may be recovered in suits brought in the name of the United 
States of America by the Attorney General thereof. All sums withheld or 
recovered as deductions, rebates, refunds, or underpayments of wages 
shall be held in a special deposit account and shall be paid, on order 
of the Secretary of Labor, directly to the employees who have been paid 
less than minimum rates of pay as set forth in such contracts and on 
whose account such sums were withheld or recovered: Provided, That no 
claims by employees for such payments shall be entertained unless made 
within one year from the date of actual notice to the contractor of the 
withholding or recovery of such sums by the United States of America.

(June 30, 1936, ch. 881, Sec. 2, 49 Stat. 2037.)


                            Cross References

    Conduct and argument of cases by Attorney General, see section 518 
of Title 28, Judiciary and Judicial Procedure.
    Power of Solicitor General to assist Attorney General, see section 
505 of Title 28.

                  Section Referred to in Other Sections

    This section is referred to in section 43a of this title; title 25 
section 450j.
