Page:United States Statutes at Large Volume 49 Part 1.djvu/2084

 74T$ C ONGRESS. SESS. II. CH. 881. JUNE 30, 1936. 2039 Labor shall make exceptions in specific cases or otherwise when justice or public interest will be served thereby. Upon the joint tracts. of con- 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 maxi mum 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 variacions,ece, reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act respecting minimum rates of pay and maximum hours of labor or the extent of the application of this Act to contractors, as hereinbefore described. Whenever the Secretary pay for overtime of Labor shall permit an increase in the maximum hours of labor work. stipulated in the con tract, 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. SEC. 7. Whenever used in this Act, the word "person" includes one "Person" defined. or more individuals, partnerships, associations, corporations, legal repr esent ativ es, t rust ees, trus tees in b ankru ptcy, or rece ivers. SEC. 8. The provisions of this Act shall not be construed to modify not affected. Am eri can Act or amend title III of the Act entitled "An Act making appropria- tions for the Treasury and Post Office Departments for the fiscal year en ding Ju ne 30, 1 934, an d for o ther pur poses", approve d May 1 Vol. 47, p . 1220 . 3, 1933 (comionly known as the Buy American Act), nor shall the provisions of this Act be construed to modify or amend the Act entitled "An Act relating to the rate of wages for laborers and Bac n-Da v499 . Act . mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes", approved March 3, 1931 (commonly known as the Bacon-Da.vis Act), as amended from time to time, nor the labor eCPublic works proj. provisions of title II of the National Industrial Recovery Act, Vo1 48, p .200. a pproved June 16, 1933, as exte nded, o r of sec tion 7 of the Emer- AEmergency Relief gency Relief Appropriation Act, approved April 8, 1935 ; nor shall Ante, p .118. the provisions of this Act be construed to modify or amend the Act entitled "An Act to provide for the diversification of employment of ti Federa l prison indus- F ederal prisoner s, for their tr aining and scho oling i n trades and vol. 46, p. 391; Vol . occupations, and for other purposes", approved May 27, 1930, as 48, amended and supplemented by the Act approved June 23, 1934. SEC. 9. This Act shall not apply to purchases of such materials, p Op nsesnorket, et c ., supplies, articles, or equipment as may usually be bought in the open market ; nor shall this Act apply to perishables, including dai ry, liv estock a nd nurs ery prod ucts, o r to ag ricultur al or f arm products processed for first sale by the original producers ; nor to any contracts made by the Secretary of Agriculture for the pur- chase of agricultural commodities or the products thereof. Nothing Transportation, com- munication, contracts in this Act shall be construed to apply to carriage of freight or not included. personnel by vessel, airplane, bus, truck, express, or railway "line ivy . S .4c pp1 20 81 . where published tariff rates are in effect or to common carriers subj ect to t he Comm unicatio ns Act of 1934 . SEPARABILITY CLAUSE SEC . 10. If any provision of this Act, or the application thereof to any persons or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby . SEC. 11 . This Act shall apply to all contracts entered into pur- suant to invit ations for bids issued on or a fter ni nety da ys from I So in original . Separabi lity claus e . Effective date.