42 U.S.C. § 7621 — Employment effects
submitted 71 years ago by Pub. L. 95-95 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 675 words · no verdicts yet
The EPA must keep tracking whether Clean Air Act enforcement is costing jobs. Workers who believe a Clean Air Act requirement cost them their job can ask for an investigation and a public hearing, and the EPA can subpoena evidence — but this section cannot be used to force EPA to change or drop any requirement.
(a) Ongoing evaluation. The Administrator* must keep evaluating potential job losses or shifts caused by enforcing this chapter and its implementation plans, including investigating claims that a plant closed or cut jobs because of that enforcement.
(b) Requesting an investigation. Any employee, or their representative, who was fired, laid off, threatened with either, or otherwise hurt or threatened because of a requirement imposed or proposed under this chapter — including requirements on federal facilities or imposed by a state* or local government — can ask the Administrator to fully investigate. The request must be in writing, explain the grounds in reasonable detail, and be signed by the employee or their representative. The Administrator must then investigate and, if any party asks, hold a public hearing with at least five days' notice. At the hearing, the Administrator must require the parties, including the employer, to present information on the requirement's actual or potential effect on jobs and their detailed reasoning. If the Administrator decides there's no reasonable basis for a hearing, the Administrator must tell the requester in writing why. If a hearing is held, it goes on the record. After the investigation, the Administrator must make written findings on the requirement's effect on jobs and on the claimed job loss or harm, and can make recommendations. The report, findings, and recommendations must be made public.
(c) Subpoenas and confidentiality. In connection with an investigation or hearing under subsection (b), or under section 7419 (on primary nonferrous smelter orders), the Administrator can subpoena witnesses and relevant papers, books, and documents, and can administer oaths. Except for emission data, if an owner* or operator shows the Administrator that disclosing certain records would reveal trade secrets, the Administrator must keep that information confidential under section 1905 of title 18 — though it can still be shared with other federal officials carrying out this chapter, or used in a related proceeding. Witnesses get the same fees and mileage paid to federal court witnesses. If someone refuses to obey a subpoena, a federal district court where that person* is found, lives, or does business can order them to appear, testify, or produce documents, and disobeying that court order can be punished as contempt.
(d) No power to change requirements. Nothing in this section requires or allows the Administrator, a state, or a local government to modify or withdraw any requirement imposed or proposed under this chapter.
The Administrator* shall conduct continuing evaluations of potential loss or shifts of employment 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 allegedly resulting from such administration or enforcement.
Any employee, or any representative of such employee, who is discharged or laid off, threatened with discharge or layoff, or whose employment is otherwise adversely affected or threatened to be adversely affected because of the alleged results of any requirement imposed or proposed to be imposed under this chapter, including any requirement applicable to Federal facilities 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 particularity the grounds for the request, and shall be signed by the employee, or representative of such employee, making the request. The Administrator shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days’ notice. At such hearings, the Administrator shall require the parties, including the employer involved, to present information relating to the actual or potential effect of such requirements on employment and the detailed reasons or justification therefor. If the Administrator determines 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 hearing, the hearing shall be on the record. Upon receiving the report of such investigation, the Administrator shall make findings of fact as to the effect of such requirements on employment and on the alleged actual or potential discharge, layoff, or other adverse effect on employment, and shall make such recommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the public.
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 orders), 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. Except for emission data, upon a showing satisfactory to the Administrator by such owner* or operator 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 Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18, except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned 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 contumacy or refusal to obey a subpena served upon any person* under this subparagraph,1 the district 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 requiring such person to appear and give testimony before the Administrator, to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Nothing in this section shall be construed to require or authorize the Administrator, the States, or political subdivisions thereof, to modify or withdraw any requirement imposed or proposed to be imposed under this chapter.
Source credit: (July 14, 1955, ch. 360, title III, § 321, as added Pub. L. 95–95, title III, § 311, Aug. 7, 1977, 91 Stat. 782.)
- 1955Enacted · Pub. L. 95-95 · 91 Stat. 782
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-95 on 1955-07-14.
all 0 arguments · sorted by: best
no arguments yet — make the first case