§ 39. — Hearings on WalshHealey provisions by Secretary of Labor; witness fees; failure to obey order; punishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC39]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 39. Hearings on Walsh-Healey provisions by Secretary of
Labor; witness fees; failure to obey order; punishment
Upon his own motion or on application 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 sections 35 to 45 of this
title, and on complaint of a breach or violation of any representation
or stipulation as provided in said sections, 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 testimony
of witnesses and the production of evidence under oath. Witnesses shall
be paid the same fees and mileage that are paid witnesses in the courts
of the United States. In case of contumacy, failure, or refusal of any
person to obey such an order, any District Court of the United States or
of any Territory or possession 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 if, as, and when
so ordered, and to give testimony relating to the matter under
investigation or in question; and any failure to obey such order of the
court may be punished by said court as a contempt thereof; and shall
make findings of fact after notice and hearing, 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 authorized, to make such
decisions, based upon findings of fact, as are deemed to be necessary to
enforce the provisions of sections 35 to 45 of this title.
(June 30, 1936, ch. 881, Sec. 5, 49 Stat. 2038; June 25, 1948, ch. 646,
Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat.
107.)
Codification
As originally enacted, the words ``, or the district court of the
United States for the District of Columbia,'' were set out following
``Territory or possession''. Act June 25, 1948, as amended by act May
24, 1949, substituted ``United States District Court for the District of
Columbia'' for ``district court of the United States for the District of
Columbia''. The words ``United States District Court for the District of
Columbia'' have been deleted entirely as superfluous in view of section
132(a) of Title 28, Judiciary and Judicial Procedure, which states that
``There shall be in each judicial district a district court which shall
be a court of record known as the United States District Court for the
district'', and section 88 of title 28 which states that ``the District
of Columbia constitutes one judicial district''.
Section Referred to in Other Sections
This section is referred to in sections 43a, 353 of this title;
title 25 section 450j; title 33 section 941; title 40 section 3704.
