Page:United States Statutes at Large Volume 49 Part 1.djvu/2083

 2038 74TH CONGRESS. SESS. II. CH. 881 . J UNE 30, 1936 . Exclusion fromfnt,n'e aw ards ; Act. Unless the Secretary of Labor otherwise recommends no con- duration. tracts shall be awarded to such persons or firms or to any firm, corporation, partnership, or association in which such persons or firms have a controlling interest until three years have elapsed from the date the Secretary of Labor determines such breach to have occurred. Administration of Labor. ntr of iL o Department SE C. 4 . The Secr etary of Labor i s hereby authori zed and directed to administer the provisions of this Act and to utilize such Federal State, etc ., assistance. officers and employees and, with the consent of the State, such State and loc al offic ers and employee s as he may find necessa ry to assist in the administration of this Act and to prescribe rules and Appointment of regulations with respect thereto. The Secretary shall appoint, with- a dminist rative officer , attorneys, experts, and out regard to the provisions of the civil-service laws but subject to o ther per sonn el. the Classification Act of 1923, an administrative officer, and such att orneys a nd exper ts, and shall ap point su ch other employe es with regard to existing laws applicable to the employment and compen- sation of officers and employees of the United States, as he may from time to time find necessary for the administration of this Act. a I nneed igations The Secretary of Labor or his authorized representatives shall have power to make investigations and findings as herein provided, and prosecute any inquiry necessary to his functions in any part of the Rules, et c. United States. The Secretary of Labor shall have authority from time to time to make, amend, and rescind such rules and regulations as may be n ecessary to carr y out th e provis ions of this Act. Public hearings . SEC. 5. Upon his own motion or on ap plicat ion of any person affected by any ruling of any agency of the United States in relation to any proposal or contract involving any of the provisions of this Act, and on complaint of a breach or violation of any representation or stipulation as herein provided, the Secretary of Labor, or an impartial representative designated by him, shall have the power to hold hearings and to issue orders requiring the attendance and testi- mileage witnesses ; fees allowances. and m ony of w itnesses and the product ion of e vidence under oa th. W it- nesses shall be paid the same fees and mileage that are paid witnesses Compulsory attend- in the courts of the United States. In case of contumacy, failure, ance. or refusal of any person to obey such an order, any District Court of the United States or of any Territory or possession, or the Supreme Court of the District of Columbia, within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person who is guilty of contumacy, failure, or refusal is found, or resides or transacts business, upon the application by the Secretary of Labor or representative designated by him, shall have jurisdiction to issue to such person an order requiring such person to appear before him or representative designated by him, to produce evidence Te stimon y if, as, and whe n so ordered, and to give t estimony rela ting to the ma t- ter under investigation or in question ; and any failure to obey such order of the court may be punished by said court as a contempt feet Findings of fact; ef- thereof ; and shall ma ke findi ngs of f act afte r notice and hea ring, which findings shall be conclusive upon all agencies of the United States, and if supported by the preponderance of the evidence, shall be conclusive in any court of the United States ; and the Secretary of Labor or authorized representative shall have the power, and is hereby authorized, to make such decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of this Act. Exceptions in specific SEC. 6. Upon a written finding by the head of the contracting cases. agency or department that the inclusion in the proposal or contract of the represen tations or sti pulations set forth in sec tion 1 will se ri- ously impair the conduct of Government business, the Secretary of