(a) Apprentices, student-learners, and workers, whose earning
capacity is impaired by age or physical or mental deficiencies or
injuries may be employed at wages lower than the prevailing minimum
wages, determined by the Secretary of Labor pursuant to section 1(b) of
the Public Contracts Act, in accordance with the same standards and
procedures as are prescribed for the employment of apprentices, student-
learners, handicapped persons, and handicapped clients of sheltered
workshops under section 14 of the Fair Labor Standards Act of 1938, and
by the regulations of the Administrator of the Wage and Hour Division of
the Department of Labor issued thereunder (29 CFR parts 520, 521, 524,
525, and 528).
(b) Any certificate in effect pursuant to such regulations shall
constitute authorization for employment of that worker under the Public
Contracts Act in accordance with the terms of the certificate, insofar
as the prevailing minimum wage is concerned.
(c) The Administrator is authorized to issue certificates under the
Public Contracts Act for the employment of apprentices, student-
learners, handicapped persons, or handicapped clients of sheltered
workshops not subject to the Fair Labor Standards Act of 1938, or
subject to different minimum rates of pay under the two acts, at
appropriate rates of compensation and in accordance with the standards
and procedures prescribed by the applicable regulations issued under the
Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525).
(d) The Administrator is also authorized to withdraw, annul, or
cancel such certificates in accordance with the regulations set forth in
29 CFR parts 525 and 528.
[28 FR 9529, Aug. 30, 1963, as amended at 52 FR 6147, Mar. 2, 1987]
