Page:United States Statutes at Large Volume 124.djvu/3835

 124 STAT. 3809 PUBLIC LAW 111–350—JAN. 4, 2011 § 6505. Exclusions (a) ITEMS AVAILABLE IN THE OPEN MARKET.—This chapter does not apply to the purchase of materials, supplies, articles, or equip- ment that may usually be bought in the open market. (b) PERISHABLES AND AGRICULTURAL PRODUCTS.—This chapter does not apply to any of the following: (1) Perishables, including dairy, livestock and nursery prod- ucts. (2) Agricultural or farm products processed for first sale by the original producers. (3) Contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or products of agricultural commodities. (c) CARRIAGE OF FREIGHT OR PERSONNEL.—This chapter may not be construed to apply to— (1) the carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line where published tariff rates are in effect; or (2) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.). § 6506. Administrative provisions (a) IN GENERAL.—The Secretary shall administer this chapter. (b) REGULATIONS.—The Secretary may make, amend, and rescind regulations as necessary to carry out this chapter. (c) USE OF GOVERNMENT OFFICERS AND EMPLOYEES.—The Sec- retary shall use Federal officers and employees and, with a State’s consent, State and local officers and employees as the Secretary finds necessary to assist in the administration of this chapter. (d) APPOINTMENTS.—The Secretary shall appoint an administra- tive officer and attorneys, experts, and other employees from time to time as the Secretary finds necessary for the administration of this chapter. The appointments are subject to chapter 51 and subchapter III of chapter 53 of title 5 and other law applicable to the employment and compensation of officers and employees of the Federal Government. (e) INVESTIGATIONS.—The Secretary, or an authorized representa- tive of the Secretary, may make investigations and findings as provided in this chapter and may, in any part of the United States, prosecute an inquiry necessary to carry out this chapter. § 6507. Hearing authority and procedures (a) RECORD AND HEARING REQUIREMENTS FOR WAGE DETERMINA- TIONS.—A wage determination under section 6502(1) of this title shall be made on the record after opportunity for a hearing. (b) AUTHORITY TO HOLD HEARINGS.—The Secretary or an impar- tial representative designated by the Secretary may hold hearings when there is a complaint of breach or violation of a representation or stipulation included in a contract under section 6502 of this title. The Secretary may initiate hearings on the Secretary’s own motion or on the application of a person affected by the ruling of an agency of the United States relating to a proposal or contract under this chapter. (c) ORDERS TO COMPEL TESTIMONY.—The Secretary or an impar- tial representative designated by the Secretary may issue orders requiring witnesses to attend hearings held under this section and to produce evidence and testify under oath. Witnesses shall be