
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: 41USC40]

 
                       TITLE 41--PUBLIC CONTRACTS
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 40. Exceptions from Walsh-Healey provisions; modification 
        of contracts; variations; overtime; suspension of 
        representations and stipulations
        
    Upon a written finding by the head of the contracting agency or 
department that the inclusion in the proposal or contract of the 
representations or stipulations set forth in section 35 of this title 
will seriously impair the conduct of Government business, the Secretary 
of Labor shall make exceptions in specific cases or otherwise when 
justice or public interest will be served thereby. Upon the joint 
recommendation of the contracting agency and the contractor, the 
Secretary of Labor may modify the terms of an existing contract 
respecting minimum rates of pay and maximum hours of labor as he may 
find necessary and proper in the public interest or to prevent injustice 
and undue hardship. The Secretary of Labor may provide reasonable 
limitations and may make rules and regulations allowing reasonable 
variations, tolerances, and exemptions to and from any or all provisions 
of sections 35 to 45 of this title respecting minimum rates of pay and 
maximum hours of labor or the extent of the application of said sections 
to contractors, as hereinbefore described. Whenever the Secretary of 
Labor shall permit an increase in the maximum hours of labor stipulated 
in the contract, he shall set a rate of pay for any overtime, which rate 
shall be not less than one and one-half times the basic hourly rate 
received by any employee affected: Provided, That whenever in his 
judgment such course is in the public interest, the President is 
authorized to suspend any or all of the representations and stipulations 
contained in section 35 of this title.

(June 30, 1936, ch. 881, Sec. 6, 49 Stat. 2038; June 28, 1940, ch. 440, 
title I, Sec. 13, 54 Stat. 681.)


                               Amendments

    1940--Act June 28, 1940, inserted proviso.

                  Section Referred to in Other Sections

    This section is referred to in title 25 section 450j.
