781 



§ 1366. Appearance. 



The Administrator shall request the Attorney 

 General to appear and represent the United States 

 in any civil or criminal action instituted under this 

 chapter to which the Administrator is a party. Unless 

 the Attorney General notifies the Administrator 

 within a reasonable time, that he will appear in a 

 civil action, attorneys who are officers or employees 

 of the Environmental Protection Agency shall ap- 

 pear and represent the United States in such action. 

 (June 30, 1948. ch. 758. title V. § 506, as added Oct. 

 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 889.) 



§1367. Employee protection. 



(a) Discrimination against persons filing, instituting, 

 or testifying in proceedings under this chapter 

 prohibited. 



No person shall fire, or in any other way discrimi- 

 nate against, or cause to be fired or discriminated 

 against, any employee or any authorized representa- 

 tive of employees by reason of the fact that such 

 employee or representative has filed, instituted, or 

 caused to be filed or instituted any proceeding under 

 this chapter, or has testified or is about to testify 

 in any proceeding resulting from the administration 

 or enforcement of the provisions of this chapter. 



(b) Application for review; investigation; hearing; 

 review. 



Any employee or a representative of employees 

 who believes that he has been fired or otherwise 

 discriminated against by any person in violation of 

 subsection (a) of this section may, within thirty days 

 after such alleged violation occurs, apply to the Sec- 

 retary of Labor for a review of such firing or alleged 

 discrimination. A copy of the application shall be 

 sent to such person who shall be the respondent. 

 Upon receipt of such application, the Secretary of 

 Labor shall cause such investigation to be made as 

 he deems appropriate. Such investigation shall pro- 

 vide an opportunity for a public hearing at the re- 

 quest of any party to such review to enable the par- 

 ties to present information relating to such alleged 

 violation. The parties shall be given wTitten notice 

 of the time and place of the hearing at least five days 

 prior to the hearing. Any such hearing shall be of 

 record and shall be subject to section 554 of Title 5. 

 Upon receiving the report of such investigation, the 

 Secretary of Labor shall make findings of fact. If he 

 finds that such violation did occur, he shall issue a 

 decision, incorporating an order therein and his find- 

 ings, requiring the party committing such violation 

 to take such affirmative action to abate the violation 

 as the Secretary of Labor deems appropriate, includ- 

 ing, but not limited to, the rehiring or reinstatement 

 of the employee or representative of employees to his 

 former position with compensation. If he finds that 

 there was no such violation, he shall issue an order 

 denying the application. Such order issued by the 

 Secretary of Labor under this subparagraph shall be 

 subject to judicial review in the same manner as 

 orders and decisions of the Administrator are sub- 

 ject to judicial review under this chapter. 



(c) Costs and expenses. 



Whenever an order is issued under this section to 

 abate such violation, at the request of the applicant, 



a sum equal to the aggregate amount of all costs and 

 expenses (including the attorney's fees), as deter- 

 mined by the Secretary of Labor, to have been rea- 

 sonably incurred by the applicant for. or in connec- 

 tion with, the institution and prosecution of such 

 proceedings, shall be assessed against the person 

 committing such violation. 



(d) Deliberate violations by employee acting without 

 direction from his employer or his agent. 



This section shall have no application to any 

 employee who, acting without direction from his em- 

 ployer (or his agent) deliberately violates any pro- 

 hibition of effluent limitation or other limitation 

 under section 1311 or 1312 of this title, standards of 

 performance under section 1316 of this title, efiluent 

 standard, prohibition or pretreatment standard un- 

 der section 1317 of this title, or any other prohibition 

 or limitation established under this chapter. 



(e) Investigations of employment reductions. 



The Administrator shall conduct continuing evalu- 

 ations of potential loss or shifts of employment which 

 may result from the issuance of any effluent limita- 

 tion or order under this chapter, including, where 

 appropriate, investigating threatened plant closures 

 or reductions in employment allegedly resulting from 

 such limitation or order. Any employee who is dis- 

 charged or laid-ofl. threatened with discharge or 

 lay-off, or otherwise discriminated against by any 

 person because of the alleged results of any effluent 

 limitation or order issued under this chapter, or any 

 representative of such employee, may request the 

 Administrator to conduct a full investigation of the 

 matter. The Administrator shall thereupon investi- 

 gate the matter and, at the request of any party, 

 shall hold public hearings on not less than five days 

 notice, and shall at such hearings require the parties, 

 including the employer involved, to present informa- 

 tion relating to the actual or potential effect of such 

 limitation or order on employment and on any al- 

 leged discharge, lay-off, or other discrimination and 

 the detailed reasons or justification therefor. Any 

 such hearing shall be of record and shall be subject 

 to section 554 of Title 5. Upon receiving the report of 

 such investigation, the Administrator shall make 

 findings of fact as to the effect of such effluent limi- 

 tation or order on employment and on the alleged 

 discharge, lay-off, or discrimination and shall make 

 such recommendations as he deems appropriate. 

 Such report, findings, and recommendations shall be 

 available to the public. Nothing in this subsection 

 shall be construed to require or authorize the Ad- 

 ministrator to modify or withdraw any effluent limi- 

 tation or order issued under this chapter. (June 30, 

 1948, ch. 758, title V, § 507, as added Oct. 18, 1972, 

 Pub. L. 92-500, § 2, 86 Stat. 890.) 

 §1368. Federal procurement. 



(a) Contracts with violators prohibited. 



No Federal agency may enter into any contract 

 with any person, who has been convicted of any 

 offense under section 1319(c) of this title, for the pro- 

 curement of goods, materials, and services if such 

 contract is to be performed at any facility at which 

 the violation which gave rise to such conviction 



