Page 627 TITLE 29—LABOR § 1578

(c) Civil action by Attorney General

When a matter is referred to the Attorney

General pursuant to subsection (b)(1) of this section, or whenever the Attorney General has reason to believe that a State or other recipient is

engaged in a pattern or practice in violation of

a provision of law referred to in subsection (a)(1)

of this section or in violation of paragraph (2),

(3), (4), or (5) of subsection (a) of this section,

the Attorney General may bring a civil action in

any appropriate district court of the United

States for such relief as may be appropriate, including injunctive relief.

(d) Job Corps members ultimate beneficiaries

For purposes of this section, Job Corps members shall be considered as the ultimate beneficiaries of Federal financial assistance.

(e) Annual report by head of Directorate for

Civil Rights

(1) The head of the office of the Department of

Labor referred to as the ‘‘Directorate for Civil

Rights’’ shall annually prepare a report on the

administration and enforcement of this section.

(2) The report required by paragraph (1) shall

include—

(A) an identification of the service delivery

areas and States that have been determined,

during the preceding program year, not to be

in compliance with this section;

(B) for each such identification, the date on

which the inquiry was begun and whether the

inquiry was initiated on the basis of a complaint or at the initiative of the Department;

(C) an identification of the service delivery

areas and States awaiting findings by the Directorate;

(D) the number of service delivery areas and

States that, during the preceding year, were

determined not to be in compliance with this

section, and the number for which insufficient

data prevented the making of such a determination, identifying the type of data which is

missing or inadequate;

(E) a statistical summary, broken down by

race, sex, national origin, disability, or age, of

the number of inquiries undertaken and their

outcomes;

(F) an identification of any service delivery

area or State that has been determined, during

the preceding year, to have failed to conduct

objective assessments as required by sections

1604 and 1644 of this title on a nondiscriminatory basis;

(G) the amount expended by the Directorate

for the administration and enforcement of this

section, and the number and percentage of

full-time employees, and the full-time equivalent of the part-time employees, engaged in

such administration and enforcement;

(H) the number of onsite visits conducted

each year, and whether the visits were initiated by the Department or by complaint;

(I) the number of cases referred to the Attorney General, and for such cases—

(i) the civil actions taken by the Attorney

General thereon; and

(ii) the use, by the Secretary, of the authority of title VI of the Civil Rights Act of

1964 (42 U.S.C. 2000d et seq.), the Age Discrimination Act of 1975 [42 U.S.C. 6101 et

seq.], or section 504 of the Rehabilitation Act

of 1973 (29 U.S.C. 794); and

(J) a description of any other actions taken

by the Secretary under or related to the administration and enforcement of this section.

(3) The report required by this subsection shall

be submitted to the Congress as part of the Secretary’s annual report under section 1579(d) of

this title.

(f) Appropriations

In addition to any other sums authorized to be

appropriated under Federal law, there are authorized to be appropriated for the operations

and expenses of the Directorate such sums as

may be necessary for the purpose of increasing

the number of full-time equivalent personnel

available to the Directorate in order to comply

with the requirements of this section.

(g) Regulations

The Secretary shall issue final regulations implementing this section not later than 90 days

after September 7, 1992.

(Pub. L. 97–300, title I, §167, Oct. 13, 1982, 96 Stat.

1352; Pub. L. 102–367, title I, §§103(b)(2), 144, Sept.

7, 1992, 106 Stat. 1026, 1051.)

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in

subsecs. (a)(1), (b)(2), and (e)(2)(I)(ii), is title III of Pub.

L. 94–135, Nov. 28, 1975, 89 Stat. 728, as amended, which

is classified generally to chapter 76 (§6101 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title

note set out under section 6101 of Title 42 and Tables.

The Education Amendments of 1972, referred to in

subsec. (a)(1), is Pub. L. 92–318, June 23, 1972, 86 Stat.

235, as amended. Title IX of the Education Amendments

of 1972 is classified principally to chapter 38 (§1681 et

seq.) of Title 20, Education. For complete classification

of this Act to the Code, see Short Title of 1972 Amendment note set out under section 1001 of Title 20 and

Tables.

The Civil Rights Act of 1964, referred to in subsecs.

(a)(1), (b)(2), and (e)(2)(I)(ii), is Pub. L. 88–352, July 2,

1964, 78 Stat. 241, as amended. Title VI of the Civil

Rights Act of 1964 is classified generally to subchapter

V (§2000d et seq.) of chapter 21 of Title 42, The Public

Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

AMENDMENTS

1992—Subsec. (a)(2). Pub. L. 102–367, §103(b)(2), substituted ‘‘disability’’ for ‘‘handicap’’.

Subsecs. (e) to (g). Pub. L. 102–367, §144, added subsecs. (e) to (g).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1553, 1575, 1576

of this title; title 42 section 12899e.

§ 1578. Judicial review

(a) Review by Court of Appeals of Secretary’s

final order; review petition, final order

record, expeditious review; scope of review

(1) With respect to any final order by the Secretary under section 1576 of this title whereby
§ 1579 TITLE 29—LABOR Page 628

1See References in Text note below.

the Secretary determines to award, to not

award, or to only conditionally award, financial

assistance, with respect to any final order of the

Secretary under section 1576 of this title with

respect to a corrective action or sanction imposed under section 1574 of this title, and with

respect to a denial of an appeal under section

1511(4)(C) of this title or 1515(b)(2) of this title,

any party to a proceeding which resulted in such

final order may obtain review of such final order

in the United States Court of Appeals having jurisdiction over the applicant or recipient of

funds, by filing a review petition within 30 days

of such final order.

(2) The clerk of the court shall transmit a

copy of the review petition to the Secretary who

shall file the record upon which the final order

was entered as provided in section 2112 of title

28. Review petitions unless ordered by the court,

shall not stay the Secretary’s order. Petitions

under this chapter shall be heard expeditiously,

if possible within ten days of the filing of a reply

brief.

(3) No objection to the order of the Secretary

shall be considered by the court unless the objection shall have been specifically and timely

urged before the Secretary. Review shall be limited to questions of law and the Secretary’s findings of fact shall be conclusive if supported by

substantial evidence.

(b) Jurisdiction of Court of Appeals; review by

Supreme Court

The court shall have jurisdiction to make and

enter a decree affirming, modifying, or setting

aside the order of the Secretary in whole or in

part. The court’s judgment shall be final, subject to certiorari review by the Supreme Court

of the United States as provided in section

1254(1) of title 28.

(Pub. L. 97–300, title I, §168, Oct. 13, 1982, 96 Stat.

1353.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1576 of this title.

§ 1579. Administrative provisions

(a) Secretary’s prescription of regulations; publication in Federal Register

The Secretary may, in accordance with chapter 5 of title 5, prescribe such rules and regulations (including performance standards) as the

Secretary deems necessary. Such rules and regulations may include adjustments authorized by

section 6504 of title 31. All such rules and regulations shall be published in the Federal Register

at least thirty days prior to their effective date.

Copies of all such rules and regulations shall be

transmitted to the appropriate committees of

the Congress at the same time and shall contain, with respect to each material provision of

such rules and regulations, citations to the particular substantive section of law which is the

basis therefor.

(b) Acceptance of gift

The Secretary is authorized, in carrying out

this chapter, to accept, purchase, or lease in the

name of the department, and employ or dispose

of in furtherance of the purposes of this chapter,

any money or property, real, personal, or mixed,

tangible or intangible, received by gift, devise,

bequest, or otherwise, and to accept voluntary

and uncompensated services notwithstanding

the provisions of section 1342 of title 31.

(c) Secretary’s discretion

The Secretary may make such grants, contracts, or agreements, establish such procedures

and make such payments, in installments and in

advance or by way of reimbursement, or otherwise allocate or expend funds under this chapter

as necessary to carry out this chapter, including

(without regard to the provisions of section

4774(d) 1 of title 10) expenditures for construction, repairs, and capital improvements, and including necessary adjustments in payments on

account of overpayments or underpayments.

(d) Annual report to Congress

The Secretary shall prepare and submit to the

Congress an annual report for employment and

training programs. The Secretary shall include

in such report—

(1) a summary of the achievements, failures,

and problems of the programs authorized in

this chapter in meeting the objective of this

chapter;

(2) a summary of major findings from research, evaluation, pilot projects, and experiments conducted in the previous fiscal year;

(3) recommendations for program modifications based upon analysis of such findings; and

(4) such other recommendations for legislative or administrative action as the Secretary

deems appropriate.

(e) Annual report on impact of energy development and conservation on employment

The Secretary shall develop methods to ascertain, and shall ascertain annually, energy development and conservation employment impact

data by type and scale of energy technologies

used. The Secretary shall present the best available data to the Secretary of Energy, the Secretary of Housing and Urban Development, and

the Director of the Office of Management and

Budget as part of the budgetary process and to

the appropriate Committees of Congress annually.

(Pub. L. 97–300, title I, §169, Oct. 13, 1982, 96 Stat.

1353.)

REFERENCES IN TEXT

Section 4774(d) of title 10, referred to in subsec. (c),

was redesignated as entire section 4774 by Pub. L.

93–166, title V, §509(c), Nov. 29, 1973, 87 Stat. 677, and

subsequently was repealed by Pub. L. 97–214, §7(1), July

12, 1982, 96 Stat. 173.

CODIFICATION

In subsecs. (a) and (b), ‘‘section 6504 of title 31’’ substituted for ‘‘section 204 of the Intergovernmental Cooperation Act of 1968 [42 U.S.C. 4214]’’ and ‘‘section 1342

of title 31’’ substituted for ‘‘section 3679(b) of the Revised Statutes of the United States [31 U.S.C. 665(b)]’’,

respectively, on authority of Pub. L. 97–258, §4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1577, 1580 of this

title.