15 U.S.C. § 3151 — Nondiscrimination

Page 1992 TITLE 15—COMMERCE AND TRADE § 3132 1 So in original. No subsec. (b) has been enacted. gress or any of its committees from considering or initiating at any time legislative action in furtherance of the goals and purposes of this chapter. (Pub. L. 95–523, title III, § 301, Oct. 27, 1978, 92 Stat. 1904.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 95–523, Oct. 27, 1978, 92 Stat. 1904, which enacted this subchapter and amended sections 632 and 636 of Title 2, The Con- gress. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. For definition of ‘‘this chapter’’, referred to in text, see References in Text note set out under section 3102 of this title. The Employment Act of 1946, referred to in subsecs. (a) and (b), is act Feb. 20, 1946, ch. 33, 60 Stat. 23, which is classified generally to chapter 21 (§ 1021 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1021 of this title and Tables. § 3132. Committee review (a) Short-term and medium-term goals In conjunction with its review of the Eco- nomic Report, and the holding of hearings on the Economic Report under the Employment Act of 1946 [15 U.S.C. 1021 et seq.], the Joint Eco- nomic Committee shall review and analyze the short-term and medium-term goals set forth in the Economic Report pursuant to section 3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C. 1022(a)(2), 1022a(b)]. (b) Hearings The Joint Economic Committee shall hold hearings on the Economic Report for the pur- pose of receiving testimony from Members of the Congress, and such appropriate representa- tives of Federal departments and agencies, the general public, and interested groups as the joint committee deems advisable. The joint committee shall also consider the comments and views on the Economic Report which are re- ceived from State and local officials. (c) Report of standing and joint committees and committees with legislative jurisdiction Within thirty days after receipt by the Con- gress of the Economic Report, each standing committee of the Senate and the House of Rep- resentatives, each other committee of the Sen- ate and the House of Representatives which has legislative jurisdiction, and each joint com- mittee of the Congress may submit to the Joint Economic Committee, for use by the Joint Eco- nomic Committee in conducting its review and analysis under subsection (a), a report con- taining the views and recommendations of the submitting committee with respect to aspects of the Economic Report which relate to its juris- diction. (d) Report of Joint Economic Committee On or before March 15 of each year, a majority of the members of the Joint Economic Com- mittee shall submit a report to the Committees on the Budget of the Senate and the House of Representatives. Such report shall include find- ings, recommendations, and any appropriate analyses with respect and in direct comparison to each of the short-term and medium-term goals set forth in the Economic Report. (Pub. L. 95–523, title III, § 302, Oct. 27, 1978, 92 Stat. 1904.) Editorial Notes REFERENCES IN TEXT The Employment Act of 1946, referred to in subsec. (a), is act Feb. 20, 1946, ch. 33, 60 Stat. 23, which is clas- sified generally to chapter 21 (§ 1021 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1021 of this title and Tables. § 3133. Exercise of rulemaking powers (a) 1 The Provisions of this subchapter and the amendments made by such provisions are en- acted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be consid- ered as part of the rules of each House, respec- tively, or of that House to which they specifi- cally apply, and such rules shall supersede other rules only to the extent that they are in- consistent therewith; and (2) with full recognition of the constitu- tional right of either House to change such rules (so far as relating to such House), at any time, in the same manner and to the same ex- tent as in the case of any other rule of such House. (Pub. L. 95–523, title III, § 305, Oct. 27, 1978, 92 Stat. 1907.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 95–523, Oct. 27, 1978, 92 Stat. 1904, which enacted this subchapter and amended sections 632 and 636 of Title 2, The Con- gress. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. SUBCHAPTER III—GENERAL PROVISIONS § 3151. Nondiscrimination (a) Exclusion from participation or denial of ben- efits No person in the United States shall on the ground of sex, age, race, color, religion, national origin or handicap be excluded from participa- tion in, be denied the benefits of, or be subjected to discrimination under any program or activity funded pursuant to the implementation of this chapter, including membership in any structure created by this chapter. (b) Noncompliance notification; remedies of Sec- retary of Labor Whenever the Secretary of Labor determines that a recipient of funds made available pursu- ant to this chapter has failed to comply with Page 1993 TITLE 15—COMMERCE AND TRADE § 3152 1 So in original. Probably should be followed by a semicolon. subsection (a), or an applicable regulation, the Secretary shall notify the recipient of the non- compliance and shall request such recipient to secure compliance. If within a reasonable period of time, not to exceed sixty days, the recipient fails or refuses to secure compliance, the Sec- retary of Labor may— (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions pro- vided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 1 or (3) take such other action as may be pro- vided by law. (c) Civil action by Attorney General When a matter is referred to the Attorney General pursuant to subsection (b), or whenever the Attorney General has reason to believe that a recipient is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in the appropriate United States district court for any and all appropriate relief. (d) Enforcement analysis in Report of President To assist and evaluate the enforcement of this section, and the broader equal employment op- portunity policies of this chapter the Secretary of Labor shall include, in the annual report re- ferred to in section 1022a(f)(2)(B) of this title, a detailed analysis of the extent to which the en- forcement of this section achieves positive re- sults in both the quantity and quality of jobs, and for employment opportunities generally. (Pub. L. 95–523, title IV, § 401, Oct. 27, 1978, 92 Stat. 1907; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(12)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–421.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- secs. (a), (b), and (d), see References in Text note set out under section 3102 of this title. The Civil Rights Act of 1964, referred to in subsec. (b)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. AMENDMENTS 1998—Subsec. (d). Pub. L. 105–277 substituted ‘‘in- clude, in the annual report referred to in section 1022a(f)(2)(B) of this title,’’ for ‘‘include, in the annual Employment and Training Report of the President pro- vided under section 705(a) of CETA,’’. § 3152. Labor standards (a) Equal wages; increase in employment Any new program enacted and funded pursu- ant to the implementation of this chapter shall, subject to any limitations on maximum annual compensation as may be provided in the law au- thorizing such programs, provide that persons employed are paid equal wages for equal work, and that such policies and programs create a net increase in employment through work that would not otherwise be done or are essential to fulfill national priority purposes. (b) Wage rates; work limitations of reservoir projects employees Any person employed in any reservoir project enacted and funded pursuant to the implementa- tion of section 3116(c)(1) of this title, or in any other job created pursuant to implementation of this chapter, shall, subject to any limitations on maximum annual compensation as may be pro- vided in the law authorizing such programs, be paid not less than the pay received by others performing the same type of work for the same employer, and in no case less than the minimum wage under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.]. No person employed in any reservoir project enacted and funded pursu- ant to implementation of section 3116(c)(1) of this title shall perform work of the type to which sections 3141–3144, 3146, and 3147 of title 40 apply, except as otherwise may be specifically authorized by law. (c) Recommendations of President Any recommendation by the President for leg- islation to implement any program enacted pur- suant to the provisions of this chapter, requiring the use of funds under this chapter, and sub- mitted pursuant to the requirements of this chapter, shall contain appropriate wage provi- sions based upon existing wage standard legisla- tion. (Pub. L. 95–523, title IV, § 402, Oct. 27, 1978, 92 Stat. 1908.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in text, see References in Text note set out under section 3102 of this title. The Fair Labor Standards Act, referred to in subsec. (b), is act June 25, 1938, ch. 676. 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29, and Tables. CODIFICATION ‘‘Sections 3141–3144, 3146, and 3147 of title 40 apply’’ substituted in subsec. (b) for ‘‘the Davis-Bacon Act (40 U.S.C. 276a—276a–5) applies’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. CHAPTER 59—RETAIL POLICIES FOR NATURAL GAS UTILITIES Sec. 3201. Purposes; coverage. 3202. Definitions. 3203. Adoption of certain standards. 3204. Special rules for standards. 3205. Federal participation. 3206. Gas utility rate design proposals. 3207. Judicial review and enforcement. 3208. Relationship to other applicable law. 3209. Reports respecting standards. 3210. Prior and pending proceedings. 3211. Relationship to other authority.