42 U.S.C. § 7621 — Employment effects

Page 7405 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7622 1 So in original. Probably should be ‘‘subsection,’’ § 7621. Employment effects (a) Continuous evaluation of potential loss or shifts of employment The Administrator shall conduct continuing evaluations of potential loss or shifts of employ- ment which may result from the administration or enforcement of the provision of this chapter and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment al- legedly resulting from such administration or enforcement. (b) Request for investigation; hearings; record; report Any employee, or any representative of such employee, who is discharged or laid off, threat- ened with discharge or layoff, or whose employ- ment is otherwise adversely affected or threat- ened to be adversely affected because of the al- leged results of any requirement imposed or pro- posed to be imposed under this chapter, includ- ing any requirement applicable to Federal facili- ties and any requirement imposed by a State or political subdivision thereof, may request the Administrator to conduct a full investigation of the matter. Any such request shall be reduced to writing, shall set forth with reasonable particu- larity the grounds for the request, and shall be signed by the employee, or representative of such employee, making the request. The Admin- istrator shall thereupon investigate the matter and, at the request of any party, shall hold pub- lic hearings on not less than five days’ notice. At such hearings, the Administrator shall re- quire the parties, including the employer in- volved, to present information relating to the actual or potential effect of such requirements on employment and the detailed reasons or jus- tification therefor. If the Administrator deter- mines that there are no reasonable grounds for conducting a public hearing he shall notify (in writing) the party requesting such hearing of such a determination and the reasons therefor. If the Administrator does convene such a hear- ing, the hearing shall be on the record. Upon re- ceiving the report of such investigation, the Ad- ministrator shall make findings of fact as to the effect of such requirements on employment and on the alleged actual or potential discharge, lay- off, or other adverse effect on employment, and shall make such recommendations as he deems appropriate. Such report, findings, and rec- ommendations shall be available to the public. (c) Subpenas; confidential information; wit- nesses; penalty In connection with any investigation or public hearing conducted under subsection (b) of this section or as authorized in section 7419 of this title (relating to primary nonferrous smelter or- ders), the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents, and he may administer oaths. Ex- cept for emission data, upon a showing satisfac- tory to the Administrator by such owner or op- erator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner, or operator, the Admin- istrator shall consider such record, report, or in- formation or particular portion thereof con- fidential in accordance with the purposes of sec- tion 1905 of title 18, except that such paper, book, document, or information may be dis- closed to other officers, employees, or author- ized representatives of the United States con- cerned with carrying out this chapter, or when relevant in any proceeding under this chapter. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In cases of contu- macy or refusal to obey a subpena served upon any person under this subparagraph,1 the dis- trict court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requir- ing such person to appear and give testimony before the Administrator, to appear and produce papers, books, and documents before the Admin- istrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (d) Limitations on construction of section Nothing in this section shall be construed to require or authorize the Administrator, the States, or political subdivisions thereof, to mod- ify or withdraw any requirement imposed or proposed to be imposed under this chapter. (July 14, 1955, ch. 360, title III, § 321, as added Pub. L. 95–95, title III, § 311, Aug. 7, 1977, 91 Stat. 782.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. STUDY OF POTENTIAL DISLOCATION OF EMPLOYEES Pub. L. 95–95, title IV, § 403(e), Aug. 7, 1977, 91 Stat. 793, provided that the Secretary of Labor, in consulta- tion with the Administrator, conduct a study of poten- tial dislocation of employees due to implementation of laws administered by the Administrator and that the Secretary submit to Congress the results of the study not more than one year after Aug. 7, 1977. § 7622. Employee protection (a) Discharge or discrimination prohibited No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, condi- tions, or privileges of employment because the employee (or any person acting pursuant to a re- quest of the employee)— (1) commenced, caused to be commenced, or is about to commence or cause to be com- menced a proceeding under this chapter or a proceeding for the administration or enforce- ment of any requirement imposed under this chapter or under any applicable implementa- tion plan, (2) testified or is about to testify in any such proceeding, or