---
kind: "section"
citation: "42 U.S.C. § 300j–9"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300j–9"
heading: "General provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300j-9"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XII — Safety of Public Water Systems"
  - "Part E — General Provisions"
---

# §300j–9. General provisions

- (a) **Regulations; delegation of functions—**
  - (1) The [Administrator](/usc/42/4005.md?p=1) is authorized to prescribe such [regulations](/usc/42/201.md?p=d) as are necessary or appropriate to carry out his functions under this subchapter.
  - (2) The [Administrator](/usc/42/4005.md?p=1) may delegate any of his functions under this subchapter (other than prescribing [regulations](/usc/42/201.md?p=d)) to any officer or [employee](/usc/42/300gg–91.md?p=d-5) of the [Agency](/usc/42/8262.md?p=1).
- (b) **Utilization of officers and employees of Federal agencies—** The [Administrator](/usc/42/4005.md?p=1), with the consent of the head of any other [agency](/usc/42/8262.md?p=1) of the United States, may utilize such officers and [employees](/usc/42/300gg–91.md?p=d-5) of such [agency](/usc/42/8262.md?p=1) as he deems necessary to assist him in carrying out the purposes of this subchapter.
- (c) **Assignment of Agency personnel to State or interstate agencies—** Upon the request of a [State](/usc/42/201.md?p=f) or interstate agency, the [Administrator](/usc/42/4005.md?p=1) may assign personnel of the [Agency](/usc/42/8262.md?p=1) to such [State](/usc/42/201.md?p=f) or interstate agency for the purposes of carrying out the provisions of this subchapter.
- (d) **Payments of grants; adjustments; advances; reimbursement; installments; conditions; eligibility for grants; “nonprofit agency or institution” defined—**
  - (1) The [Administrator](/usc/42/4005.md?p=1) may make payments of grants under this subchapter (after necessary adjustment on account of previously made underpayments 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](/usc/42/300s–3.md?p=3) [agencies](/usc/42/8262.md?p=1) or institutions. For purposes of this paragraph, the term “[nonprofit](/usc/42/300s–3.md?p=3) [agency](/usc/42/8262.md?p=1) or institution” means an [agency](/usc/42/8262.md?p=1) or institution no part of the net earnings of which inure, or may lawfully inure, to the benefit of any private shareholder or individual.
- (e) **Labor standards—** The [Administrator](/usc/42/4005.md?p=1) shall take such action as may be necessary to assure compliance with provisions of sections 3141–3144, 3146, and 3147 of title 40. The [Secretary](/usc/42/201.md?p=c) of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and [section 3145 of title 40](/usc/40/3145.md).
- (f) **Appearance and representation of Administrator through Attorney General or attorney appointees—** The [Administrator](/usc/42/4005.md?p=1) shall request the Attorney General to appear and represent him in any civil action instituted under this subchapter to which the [Administrator](/usc/42/4005.md?p=1) is a party. Unless, within a reasonable time, the Attorney General notifies the [Administrator](/usc/42/4005.md?p=1) that he will appear in such action, attorneys appointed by the [Administrator](/usc/42/4005.md?p=1) 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 [Administrator](/usc/42/4005.md?p=1) 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 [Administrator](/usc/42/4005.md?p=1) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report respecting the activities of the [Agency](/usc/42/8262.md?p=1) under this subchapter and containing such recommendations for legislation as he considers necessary. The report of the [Administrator](/usc/42/4005.md?p=1) under this subsection which is due not later than April 1, 1975, and each subsequent report of the [Administrator](/usc/42/4005.md?p=1) under this subsection shall include a statement on the actual and anticipated cost to public water systems in each [State](/usc/42/201.md?p=f) 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 Congress, 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 submission, 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 review; filing of petition; procedural requirements; stay of orders; exclusiveness of remedy; civil actions for enforcement of orders; appropriate relief; mandamus proceedings; prohibition inapplicable to undirected but deliberate violations—**
  - (1) No [employer](/usc/42/300gg–91.md?p=d-6) may discharge any [employee](/usc/42/300gg–91.md?p=d-5) or otherwise discriminate against any [employee](/usc/42/300gg–91.md?p=d-5) with respect to his compensation, terms, conditions, or privileges of employment because the [employee](/usc/42/300gg–91.md?p=d-5) (or any person acting pursuant to a request of the [employee](/usc/42/300gg–91.md?p=d-5)) 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](/usc/42/201.md?p=d) or underground injection control [programs](/usc/42/274l–1.md?p=4) of a [State](/usc/42/201.md?p=f),
    - (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](/usc/42/300gg–91.md?p=d-5) who believes that he has been discharged or otherwise discriminated against by any person in [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (1)](#i-1) may, within 30 days after such [violation](/usc/42/2000e–16a.md?p=c) occurs, file (or have any person file on his behalf) a complaint with the [Secretary](/usc/42/201.md?p=c) of Labor (hereinafter in this subsection referred to as the “[Secretary](/usc/42/201.md?p=c)”) alleging such discharge or discrimination. Upon receipt of such a complaint, the [Secretary](/usc/42/201.md?p=c) 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)](#i-2-A), the [Secretary](/usc/42/201.md?p=c) shall conduct an investigation of the [violation](/usc/42/2000e–16a.md?p=c) alleged in the complaint. Within 30 days of the receipt of such complaint, the [Secretary](/usc/42/201.md?p=c) shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such [violation](/usc/42/2000e–16a.md?p=c) of the results of the investigation conducted pursuant to this subparagraph. Within 90 days of the receipt of such complaint the [Secretary](/usc/42/201.md?p=c) shall, unless the proceeding on the complaint is terminated by the [Secretary](/usc/42/201.md?p=c) on the basis of a settlement entered into by the [Secretary](/usc/42/201.md?p=c) and the person alleged to have committed such [violation](/usc/42/2000e–16a.md?p=c), issue an order either providing the relief prescribed by [clause (ii)](#i-2-B-ii) or denying the complaint. An order of the [Secretary](/usc/42/201.md?p=c) shall be made on the record after notice and opportunity for [agency](/usc/42/8262.md?p=1) hearing. The [Secretary](/usc/42/201.md?p=c) may not enter into a settlement terminating a proceeding on a complaint without the participation and consent of the complainant.
      - (ii) If in response to a complaint filed under [subparagraph (A)](#i-2-A) the [Secretary](/usc/42/201.md?p=c) determines that a [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (1)](#i-1) has occurred, the [Secretary](/usc/42/201.md?p=c) shall order (I) the person who committed such [violation](/usc/42/2000e–16a.md?p=c) to take affirmative action to abate the [violation](/usc/42/2000e–16a.md?p=c), (II) such person to reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, (III) compensatory damages, and (IV) where appropriate, exemplary damages. If such an order is issued, the [Secretary](/usc/42/201.md?p=c), at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ fees) reasonably incurred, as determined by the [Secretary](/usc/42/201.md?p=c), by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
  - (3)
    - (A) Any person adversely affected or aggrieved by an order issued under [paragraph (2)](#i-2) may obtain review of the order in the United States Court of Appeals for the circuit in which the [violation](/usc/42/2000e–16a.md?p=c), with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the [Secretary](/usc/42/201.md?p=c)’s order. Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the [Secretary](/usc/42/201.md?p=c)’s order.
    - (B) An order of the [Secretary](/usc/42/201.md?p=c) with respect to which review could have been obtained under [subparagraph (A)](#i-3-A) shall not be subject to judicial review in any criminal or other civil proceeding.
  - (4) Whenever a person has failed to comply with an order issued under [paragraph (2)(B)](#i-2-B), the [Secretary](/usc/42/201.md?p=c) shall file a civil action in the United States District Court for the district in which the [violation](/usc/42/2000e–16a.md?p=c) was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages.
  - (5) Any nondiscretionary duty imposed by this section is enforceable in mandamus proceeding brought under [section 1361 of title 28](/usc/28/1361.md).
  - (6) [Paragraph (1)](#i-1) shall not apply with respect to any [employee](/usc/42/300gg–91.md?p=d-5) who, acting without direction from his [employer](/usc/42/300gg–91.md?p=d-6) (or the [employer](/usc/42/300gg–91.md?p=d-6)’s agent), deliberately causes a [violation](/usc/42/2000e–16a.md?p=c) of any requirement of this subchapter.

## Source credit

(July 1, 1944, ch. 373, title XIV, § 1450, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1691; amended Pub. L. 98–620, title IV, § 402(38), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 103–437, § 15(a)(2), Nov. 2, 1994, 108 Stat. 4591.)

## Notes

### Editorial Notes

### References in Text

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), referred to in subsec. (e), is set out in the Appendix to Title 5, Government Organization and Employees.

Part G of subchapter II of this chapter, referred to in subsec. (g), is classified to section 264 et seq. of this title.

### Codification

In subsec. (e), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a—276a(5))” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

### Amendments

1994—Subsec. (h). Pub. L. 103–437 substituted “Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House” for “Committee on Commerce of the Senate and the Committee on Interstate and Foreign Commerce of the House”.

1984—Subsec. (i)(4). Pub. L. 98–620 struck out provision which required civil actions filed under par. (4) to be heard and decided expeditiously.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

### Applicability of Labor Standards to Drinking Water Treatment Construction Projects

Pub. L. 112–74, div. E, title II, Dec. 23, 2011, 125 Stat. 1020, provided in part: “For fiscal year 2012 and each fiscal year thereafter, the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 300j–9(e)) shall apply to any construction project carried out in whole or in part with assistance made available by a drinking water treatment revolving loan fund as authorized by section 1452 of that Act (42 U.S.C. 300j–12).”