[§ 300j-9 TITLE 42--THE PUBLIC HEALTH AND WELFARE Page 552]
§ 300j-9. General provisions
(a) Regulations; delegation of functions
(1) The Administrator is authorized to prescribe such regulations as are necessary or appropriate to
carry out his functions under this subchapter.
(2) The Administrator may delegate any of his functions under this subchapter (other than
prescribing regulations) to any officer or employee of the Agency.
(b) Utilization of officers and employees of Federal agencies
The Administrator, with the consent of the head of any other agency of the United States, may utilize
such officers and employees of such agency as he deems necessary to assist him in carrying out the
purposes of this subchapter.
(c) Assignment of Agency personnel to State or interstate agencies
Upon the request of a State or interstate agency, the Administrator may assign personnel of the
Agency to such State or interstate agency for the purposes of carrying out the provisions of this
subchapter.
(d) Payments of grants; adjustments; advances; reimbursement; installments; conditions;
eligibility for grants; "nonprofit agency or institution" defined
(1) The Administrator may make payments of grants under this subchapter (after necessary
adjustment on account of previously made underpayments or overpayments) in advance or by way of
reimbursement, and in such installments and on such conditions as he may determine.
(2) Financial assistance may be made available in the form of grants only to individuals and
nonprofit agencies or institutions. For purposes of this paragraph, the term "nonprofit agency or
institution" means an agency or institution no part of the net earnings of which inure, or may
lawfully inure, to the benefit of any private shareholder or individual.
(e) Labor standards
The Administrator shall take such action as may be necessary to assure compliance with
provisions of the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a--276a-5). The
Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the
authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat.
1267) and section 276c of title 40.
(f) Appearance and representation of Administrator through Attorney General or attorney
appointees
The Administrator shall request the Attorney General to appear and represent him in any civil
action instituted under this subchapter to which the Administrator is a party. Unless, within a
reasonable time, the Attorney General notifies the Administrator that he will appear in such action,
attorneys appointed by the Administrator shall appear and represent him.
(g) Authority of Administrator under other provisions unaffected
The provisions of this subchapter shall not be construed as affecting any authority of the
Administrator under part G of subchapter II of this chapter.
(h) Reports to Congressional committees; review by Office of Management and Budget:
submittal of comments to Congressional committee
Not later than April 1 of each year, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report respecting the activities of the Agency under this subchapter
and containing such recommendations
[Page 553 TITLE 42--THE PUBLIC HEALTH AND WELFARE § 300j-9]
for legislation as he considers necessary. The report of the Administrator under this subsection which
is due not later than April 1, 1975, and each subsequent report of the Administrator under this
subsection shall include a statement on the actual and anticipated cost to public water systems in each
State of compliance with the requirements of this subchapter. The Office of Management and Budget
may review any report required by this subsection before its submission to such committees of
Congress, but the Office may not revise any such report, require any revision in any such report, or
delay its submission beyond the day prescribed for its submission, and may submit to such committees
of Congress its comments respecting any such report.
(i) Discrimination prohibition; filing of complaint; investigation; orders of Secretary; notice
and hearing; settlements; attorneys' fees; judicial review; filing of petition; procedural
requirements; stay of orders: exclusiveness of remedy; civil actions for enforcement of orders;
appropriate relief; mandamus proceedings; prohibition inapplicable to undirected but deliberate
violations
(1) No employer may discharge any employee or otherwise discriminate against any employee with
respect to his compensation, terms, conditions, or privileges of employment because the employee (or
any person acting pursuant to a request of the employee) has--
(A) commenced, caused to be commenced, or is about to commence or cause to be commenced a
proceeding under this subchapter or a proceeding for the administration or enforcement of drinking
water regulations or underground injection control programs of a State,
(B) testified or is about to testify in any such proceeding, or
(C) assisted or participated or is about to assist or participate in any manner in such a proceeding
or in any other action to carry out the purposes of this subchapter.
(2) (A) Any employee who believes that he has been discharged or otherwise discriminated against
by any person in violation of paragraph (1) may, within 30 days after such violation occurs, file (or
have any person file on his behalf) a complaint with the Secretary of Labor (hereinafter in this
subsection referred to as the "Secretary") alleging such discharge or discrimination. Upon
receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of
the complaint.
(B) (i) Upon receipt of a complaint filed under subparagraph (A), the Secretary shall conduct an
investigation of the violation alleged in the complaint. Within 30 days of the receipt of such complaint,
the Secretary shall complete such investigation and shall notify in writing the complainant (and any
person acting in his behalf) and the person alleged to have committed such violation of the results of
the investigation conducted pursuant to this subparagraph. Within 90 days of the receipt of such
complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary
on the basis of a settlement entered into by the Secretary and the person alleged to have committed
such violation, issue an order either providing the relief prescribed by clause (ii) or denying the
complaint. An order of the Secretary shall be made on the record after notice and opportunity for
agency hearing. The Secretary may not enter into a settlement terminating a proceeding on a
complaint without the participation and consent of the complainant.
(ii) If in response to a complaint filed under subparagraph (A) the Secretary determines that a
violation of paragraph (1) has occurred, the Secretary shall order (I) the person who committed such
violation to take affirmative action to abate the violation, (II) such person to reinstate the complainant
to his former position together with the compensation (including back pay), terms, conditions, and
privileges of his employment, (III) compensatory damages, and (IV) where appropriate, exemplary
damages. If such an order is issued, the Secretary, at the request of the complainant, shall assess
against the person against whom the order is issued a sum equal to the aggregate amount of all costs
and expenses (including attorneys' fees) reasonably incurred, as determined by the Secretary, by the
complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
(3) (A) Any person adversely affected or aggrieved by an order issued under paragraph (2) may
obtain review of the order in the United States Court of Appeals for the circuit in which the violation,
with respect to which the order was issued, allegedly occured. The petition for review must be filed
within sixty days from the issuance of the Secretary's order. Review shall conform to chapter 7 of title
5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court,
operate as a stay of the Secretary's order.
(B) An order of the Secretary with respect to which review could have been obtained under
subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.
(4) Whenever a person has failed to comply with an order issued under paragraph (2)(B), the
Secretary shall file a civil action in the United States District Court for the district in which the violation
was found to occur to enforce such order. In actions brought under this paragraph, the district courts
shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief,
compensatory, and exemplary damages.
(5) Any nondiscretionary duty imposed by this section is enforceable in mandamus proceeding
brought under section 1361 of title 28.
(6) Paragraph (1) shall not apply with respect to any employee who, acting without direction from his
employer (or the employer's agent), deliberately causes a violation of any requirement of this
subchapter.
(July 1, 1944, ch. 373, title XIV, § 1450, as added Dec. 16, 1974, Pub. L. 93-523, § 2(a),
88 Stat. 1691, and amended S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980; Nov. 8, 1984, Pub.
L. 98-620, title IV, § 402(38), 98 Stat. 3360.)
References in Text
Act of March 3, 1931, (known as the Davis-Bacon Act; 40 U.S.C. 276a--276a-5), referred to in
subsec. (e), is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to
sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works. For complete classification
of this Act to the Code, see Short Title note set out under section 276a of Title 40 and Tables.
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), referred to in subsec. (e),
is set out in the Appendix to Title 5, Government Organization and Employees.
Part C. of subchapter II of this chapter, referred to in subsec. (g), is classified to section 264 of this
title.
Amendments
1984--Subsec. (i)(4). Pub. L. 98-620 struck out provision which required civil actions filed under par.
(4) to be heard and decided expeditiously.
Change of Name
The name of the Committee on Interstate and Foreign Commerce of the House of Representatives
was changed to committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by
House Resolution 549, Ninety-sixth Congress, Mar. 25, 1980.
The Committee on Commerce of the Senate was abolished and replaced by the Committee on
Commerce, Science, and Transportation of the Senate, effective Feb. 11, 1977. See Rule XXV of hte
Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the
"Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of
Pub. L. 98-620, set out as an Effective Date note under section 1657 of Tilte 28, Judiciary and Judicial
Procedure.