864 



(1) The Administrator may make payments of 

 grants under this subchapter (after necessary ad- 

 justment on account of previously made underpay- 

 ments 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 para- 

 graph, 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 individ- 

 ual. 



(e) Labor standards. 



The Administrator shall take 5uch action as may 

 be necessary to assure complin nee with provisions of 

 the Act of March 3, 1931 (known as the Davis- 

 Bacon Act; sections 276a to 276a-5 of Title 40) . The 

 Secretary of Labor shall have, with respect to the 

 labor standards specified in this subsection, the au- 

 thority 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 Gen- 

 eral to appear and represent him in any civil action 

 instituted under this subchapter to which the Ad- 

 ministrator is a party. Unless, within a reasonable 

 time, the Attorney General notifies the Administra- 

 tor 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 Admin- 

 istrator 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 Committees. 



Not later than April 1 of each year, the Adminis- 

 trator shall submit to the Committee on Commerce 

 of the Senate and the Committee on Interstate and 

 Foreign Commerce of the House of Representatives 

 a report respecting the activities of the Agency under 

 this subchapter and containing such recommenda- 

 tions 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 Con- 

 gress, 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 sub- 

 mission, 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 re- 

 view; filing of petition; procedural requirements; 

 stay of orders; exclusiveness of remedy; civil 

 actions for enforcement of orders; appropriate 

 relief; expedition of proceedings; mandamus pro- 

 ceedings; prohibition inapplicable to undirected 

 hut 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 em- 

 ployee) 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 subsec- 

 tion 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 com- 

 plaint. Within 30 days of tlie receipt of such com- 

 plaint, the Secretary shall complete such investiga- 

 tion 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 pro- 

 ceeding on the complaint is terminated by the Sec- 

 retary on the basis of a settlement entered into by 

 the Secretary and the person alleged to have com- 

 mitted 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 settle- 

 ment terminating a proceeding on a complaint with- 

 out the participation and consent of the complainant. 



(ii) If in response to a complaint filed under sub- 

 paragraph (A) the Secretary determines that a vio- 

 lation of paragraph (1) has occurred, the Secretary 



