Page:United States Statutes at Large Volume 124.djvu/3836

 124 STAT. 3810 PUBLIC LAW 111–350—JAN. 4, 2011 paid fees and mileage at the same rates as witnesses in courts of the United States. (d) ENFORCEMENT OF ORDERS.—If a person refuses or fails to obey an order issued under subsection (c), the Secretary or an impartial representative designated by the Secretary may bring an action to enforce the order in a district court of the United States or in the district court of a territory or possession of the United States. A court has jurisdiction to enforce the order if the inquiry is being carried out within the court’s judicial district or if the person is found or resides or transacts business within the court’s judicial district. The court may issue an order requiring the person to obey the order issued under subsection (c), and the court may punish any further refusal or failure as contempt of court. (e) FINDINGS OF FACT.—After notice and a hearing, the Secretary or an impartial representative designated by the Secretary shall make findings of fact. The findings are conclusive for agencies of the United States. If supported by a preponderance of the evi- dence, the findings are conclusive in any court of the United States. (f) DECISIONS.—The Secretary or an impartial representative des- ignated by the Secretary may make decisions, based on findings of fact, that are considered necessary to enforce this chapter. § 6508. Authority to make exceptions (a) DUTY OF THE SECRETARY TO MAKE EXCEPTIONS.—When the head of an agency of the United States makes a written finding that the inclusion of representations or stipulations under section 6502 of this title in a proposal or contract will seriously impair the conduct of Federal Government business, the Secretary shall make exceptions, in specific cases or otherwise, when justice or the public interest will be served. (b) AUTHORITY OF THE SECRETARY TO MODIFY EXISTING CON- TRACTS.—When an agency of the United States and a contractor jointly recommend, the Secretary may modify the terms of an existing contract with respect to minimum wages and maximum hours of labor as the Secretary finds necessary and proper in the public interest or to prevent injustice and undue hardship. (c) AUTHORITY OF THE SECRETARY TO ALLOW LIMITATIONS, VARI- ATIONS, TOLERANCES, AND EXEMPTIONS.—The Secretary may pro- vide reasonable limitations and may prescribe regulations to allow reasonable variations, tolerances, and exemptions in the application of this chapter to contractors, including with respect to minimum wages and maximum hours of labor. (d) RATE OF PAY FOR OVERTIME.—When the Secretary permits an increase in the maximum hours of labor stipulated in a contract, the Secretary shall set a rate of pay for overtime. The overtime rate must be at least one and one-half times the basic hourly rate. (e) AUTHORITY OF THE PRESIDENT TO SUSPEND.—The President may suspend any of the representations and stipulations contained in section 6502 of this title whenever, in the President’s judgment, suspension is in the public interest. § 6509. Other procedures (a) APPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.—Not- withstanding section 553 of title 5, subchapter II of chapter 5 and chapter 7 of title 5 are applicable in the administration of sections 6501 to 6507 and 6511 of this title.