Page:United States Statutes at Large Volume 91.djvu/817

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 783

The Administrator shall thereupon investigate the matter and, at the Hearings, request of any party, shall hold public hearings on not less than five days' notice. At such hearings, the Administrator shall retjuire 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 Record. 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, Information, availability to findings, and recommendations shall be available to the public. public. "(c) In connection with any investigation or public hearing con- Subpenas. ducted under subsection (b) of this section or as authorized in section Ante, pp. 709, 119 (relating to primary nonferrous smelter orders), the Adminis- 712. trator 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 show- Confidential ing satisfactory to the Administrator by such owner or operator that information. 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 of the United States Code, 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 Act, or when relevant in any proceeding under this Act. Witnesses Witnesses fees, 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 Penalty, 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 apnear 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) 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 Act.". EMPLOYEE PROTECTION

SEC. 312. Title III of the Clean Air Act is amended by adding at the end thereof the following new section: EMPLOYEE PROTECTION

"SEC. 322. (a) No employer may discharge any employee or other- 42 USC 7622. wise discriminate against any employee with respect to his compensa-

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