
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7621]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 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 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.

(b) Request for investigation; hearings; record; report

    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.

(c) Subpenas; confidential information; witnesses; 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 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, 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.

(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 
modify or withdraw any requirement imposed or proposed to be imposed 
under this chapter.

(July 14, 1955, ch. 360, title III, Sec. 321, as added Pub. L. 95-95, 
title III, Sec. 311, Aug. 7, 1977, 91 Stat. 782.)


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
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

    Section 403(e) of Pub. L. 95-95 provided that the Secretary of 
Labor, in consultation with the Administrator, conduct a study of 
potential 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.

                  Section Referred to in Other Sections

    This section is referred to in section 7419 of this title.
