H.R. 3922 (94th): An Act to amend the Older Americans Act of 1965 to establish certain social services programs for ...

...older Americans and to extend the authorizations of appropriations contained in such Act, to prohibit discrimination on the basis of age, a

94th Congress, 1975–1976. Text as of Nov 28, 1975 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

PUBLIC LAW 94-135—NOV. 28, 1975                                     89 STAT. 713

Public Law 94-135
94th Congress
                                   An Act
To amend the Older Americans Act of 1965 to establish certain social services         Nov. 28, 1975
  programs for older Americans and to extend the authorizations of appropria-          [H.R. 3922]
  tions contained in such Act, to prohibit discrimination on the basis of age, and
  for other purposes.

  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That this Act may Older Americans
be cited as the "Older Americans Amendments of 1975".             Amendments of
                                                                                     1975.
 T I T L E I—AMENDMENTS TO OLDER AMERICANS ACT                                       f^^^^ ^^^'^
                      O F 1965
  TRANSMISSION OF CERTAIN RECOMMENDATIONS RELATING TO FEDERAL
                        COUNCIL OF AGING

   SEC. 101. (a) Section 205(g) of the Older Americans Act of 1965
 (42 U.S.C. 3015 (g)) (hereinafter in this title referred to as the "Act")
is amended by striking out "eighteen months after enactment of this
Act" and inserting in lieu thereof "January 1,1976,".
   (b) Section 205(h) of the Act (42 U.S.C. 3015(h)) is amended by
striking out "eighteen months after enactment of this Act," and
inserting in lieu thereof "January 1,1976,".
                        APPLICATION OF OTHER LAWS

  SEC. 102. Title I I of the Act (42 U.S.C. 3011 et seq.) is amended by
adding at the end thereof the following new section:
                       "APPLICATION OF OTHER LAWS

  "SEC. 211. The provisions and requirements of the Act of Decem- 42 USC 3020a.
ber 5, 1974 (Public Law 93-510; 88 Stat. 1604) shall not apply to the 42 USC 4251
administration of the provisions of this Act or to the administration note,
of any program or activity under this Act.".
                      DEFINITION OF SOCIAL SERVICES

  SEC. 103. Section 302(1) of the Act (42 U.S.C. 3022(1)) is
amended—
       (1) in subparagraph (E) thereof, by striking out "or" at the
    end thereof; and
       (2) by redesignating subparagraph (F) as subparagraph (H)
    and by inserting immediately after subparagraph (E) the follow-
    ing new subparagraphs:
      " ( F ) services designed to provide legal and other counseling
    services and assistance, including tax counseling and assistance
    and financial counseling, to older persons;
      "(G) services designed to enable older persons to attain and
    maintain physical and mental well being through programs of
    regular physical activity and exercise; or".

89 STAT. 714 PUBLIC LAW 94-135—NOV. 28, 1975 GRANTS TO INDIAN TRIBES SEC. 104. (a) Section 303(b) of the Act (42 U.S.C. 3023(b)) is amended by redesignating paragraph (3) as paragraph (4) and by inserting immediately after paragraph (2) the following new paragraph: "(3) (A) In any State in which the Commissioner determines (after having taken into account the amount of funds available to the State agency or to an appropriate area agency on aging to carry out the pur- poses of this title) that the members of an Indian tribe are not receiv- ing benefits under this title that are equivalent to benefits provided to other older persons in the State or appropriate area, and if he further determines that the members of such tribe would be better served by means of grants made directly to provide such benefits, he shall reserve from sums that would otherwise be allotted to such State under para- graph (2) not less than 100 per centum nor more than 150 per centum of an amount which bears the same ratio to the State's allotment for the fiscal year involved as the population of all Indians aged sixty or over for whom a determination under this paragraph has been made bears to the population of all persons aged sixty or over in such State. "(B) The sums reserved by the Commissioner on the basis of his determination under this paragraph shall be granted to the tribal organization serving the individuals for whom such a determination has been made, or where there i? no tribal organization, to such other entity as he determines has the capacity to provide services pursuant to this title. "(C) In order for a tribal organization or other entity to be eligible for a grant for a fiscal year under this paragraph, it shall submit to the Commissioner a plan for such fiscal year which meets such criteria as the Commissioner may prescribe by regulation and which meets, 42 use 3025. criteria established by section 305(a), to the extent the Commissioner determines such criteria to be appropriate. "(D) Recipients of grants under this paragraph may retain for administrative purposes an amount equal to the amount available for 42 use 3023. the cost of the administration of area plans under section 303(e) (1).". Definitions. (b) Section 102 of the Act (42 U.S.C. 3002) is amended by adding at the end thereof the following new paragraphs: "(4) The term 'Indian' means a person w^ho is a member of an Indian tribe. " (5) The term 'Indian tribe' means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or estab- lished pursuant to the Alaska Native Claims Settlement Act (Public 43 use 1602. Law 92-203; 85 Stat. 688)) which (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) is located on, or in proximity to, a Federal or State reservation or rancheria. "(6) The term 'tribal organization' means the recognized governing body of any Indian tribe, or any legally established organization of "Indians which is controlled, sanctioned, or chartered by such governing body. In any case in which a contract is let or grant made to an orga- nization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.". (c) The first sentence of section 303(b) (2) of the Act (42 U.S.C. 3023(b) (2)) is amended by striking out "From" and inserting in lieu thereof "Subject to the provisions of paragraph (3), from".
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 715 (d) Section 303(b)(4) of the Act (42 U.S.C. 3023(b) (4)), as so redesignated by subsection (a), is amended by inserting immediately after "States" a comma and the following: "and the number of Indians aged sixty or over on, or in proximity to, any Federal or State reservation or rancheria". AREA PLAN REQUIREMENTS SEC. 105. (a) Section 304(c) (4) of the Act (42 U.S.C. 3024(c) (4)) is amended by striking out subparagraph (C) and by redesignating subparagraph (D) through subparagraph (F) as subparagraph (C) through subparagraph ( E ) , respectively. (b) Section 304 of the Act (42 U.S.C. 3024) is amended by inserting after subsection (c) the following new subsection: "(d)(1) Subject to regulations prescribed by the Secretary of Health, Education, and Welfare, an area agency on aging designated under subsection (a) or, in areas of a State where no such agency has been designated, the State agency, is authorized to enter into agree- ments with agencies administering programs under the Rehabilita- tion Act of 1973, and titles VI, X I X , and X X of the Social Security 29 use 701 note. Act for the purpose of developing and implementing plans for meet- 42 use 801, ing the common need for transporta,tion services of persons receiving 1396, 1397. benefits under such Acts and older persons participating in programs authorized by titles I I I and VII of this Act. 42 use 3021, "(2) Pursuant to an agreement entered into under paragraph (1), 3045. funds appropriated under titles I I I and VII of this Act may be used to Transportation purchase transportation services for older persons and may be pooled services, funds. with funds made available for the provision of transportation sei-vices under the Rehabilitation Act of 1973, and titles VI, X I X , and X X of the Social Security Act.". NATIONAL PRIORITY SERVICES SEC. 106. (a) Section 305(a) of the Act (42 U.S.C. 3025(a)) is amended by striking out "and" immediately after the semicolon in paragraph (8), by striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and "and", and by insert- ing the following new paragraph immediately after paragraph (9) : "(10) provides assurances in such form as the Commissioner shall prescribe that of the funds alloted to the State under section 303(b) in any fiscal year to carry out the State plan, not less than 50 per centum of the amount by which such allotment exceeds the allotment made for the same purpose in the fiscal year ending June 30, 1975, shall be used for the purposes set forth in section 305 (b), except with respect to any State which provides assurances found satisfactory by the Commissioner that at least 331/^ per centum of the total amount allotted to the State under section 303(b) to carry out the State plan in any fiscal year shall be used for the purposes set forth in section 305(b), but in no case shall less than 20 per centum of the funds allotted to any State under section 303 (h) to carry out the State plan in any fiscal year begin- ning after September 30, 1976, be used for the purposes set forth in section 305(b).". (b) Section 305(a) of the Act (42 U.S.C. 3025(a)) is amended by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d). (e), and (f), respectively, and by inserting the following new sub- section immediately after subsection (a) :
89 STAT. 716 PUBLIC LAW 94-135—NOV. 28, 1975 " (b) Every State plan shall provide for the establishment or main- tenance of programs (including related training) for the provision of some or all of the following services designed to assist older persons in leading independent lives and avoiding unnecessary institutional- ization : "(1) Transportation services. " (2) Home services, including homemaker services, home health services, shopping services, escort services, reader services, letter writing services, and other services designed to assist such persons to continue living independently in a home environment. "(3) Legal and other counseling services and assistance pro- grams, including tax counseling and assistance and financial counseling, for older persons. "(4) Residential repair and renovation programs designed to enable older persons to maintain their homes in conformity with minimum housing standards or to adapt homes to meet the needs of elderly persons suffering from physical disabilities.", (c) Section 304 (c)(2) of the Act (42 U.S.C. 3024(c) (2)) is amended by inserting immediately after "priorities," the following: "and con- sistent with the provisions of the State plan relating to the services 42 use 3025. required to be provided under section 305 (a) (10),". ADMINISTRATION OF STATE PLANS SEC. 107. (a) Section 306(b) (1) of the Act (42 U.S.C. 3026(b) (1)) is amended by striking out "$160,000" in clause (A) and inserting in lieu thereof "$200,000", and by striking out "$50,000" in clause (B) and inserting in lieu thereof "$62,500". Application for (b) Section 306(b) of the Act (42 U.S.C. 3026(b)) is amended by additional funds. redesignating paragraph (2) as paragraph (4), and by inserting immediately after paragraph (1) the following new paragraphs: " (2) (A) Any State which desires to receive amounts, in addition to amounts allotted to such State under paragraph (1), to be used in the administration of its State plan in accordance with subsection (a) may transmit an application to the Commissioner in accordance with this paragraph. Any such application shall be transmitted in such form, and according to such procedures, as the Commissioner may require, except that such application may not be made as part of, or as an amendment to, the State plan. "(B) The Commissioner may approve any application transmitted by a State under subparagraph (A) if the Commissioner determines, based upon a particularized showing of need, that— " (i) such State will be unable to fully and effectively administer its State plan and to carry out programs and projects authorized 42 use 3045. by this title and by title VII unless such additional amounts are made available by the Commissioner; "(ii) such State is making full and effective use of its allotment under paragraph (1) and of the personnel of the State agency and area agencies designated under section 305 in the administra- tion of its State plan in accordance with subsection ( a ) ; and "(iii) the State agency and area agencies of such State desig- nated under section 305 are carrying out, on a full-time basis, programs and activities which are in furtherance of the purposes of this Act. "(C) The Commissioner may approve that portion of the amount requested by a State in its application under subparagraph (A) which he determines has been justified in such application.
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 717 "(D) Amounts which any State may receive in any fiscal year under this paragraph may not exceed three-fourths of 1 per centum of the sum of the amounts allotted to such State to carry out the State plan under section 303(b) and section 703(a) for such fiscal year. 42 use 3023, " ( E ) No application by a State under subparagraph (A) shall be 3045b. approved unless it contains assurances that no amounts received by such State under this paragraph will be used to hire any person to fill a job opening created by the action of such State in laying off or ter- minating the employment of any regular employee not supported under this Act in anticipation of filling the vacancy so created by hiring an employee to be supported through use of amounts received under this paragraph. "(3) Each State shall be entitled to an allotment under this section for any fiscal year in an amount which is not less than the amount of the allotment to which such State was entitled under paragraph (1) for the fiscal year ending June 30,1975.". MODEL PROJECT REQUIREMENTS SEC. 108. Section 308(a) of the Act (42 U.S.C. 3028(a)) is amended by striking out "or" at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semi- colon and "or", and by inserting immediately after paragraph (4) the following new paragraphs: " (5) enable State agencies on aging and other public and private nonprofit organizations to assist in the promotion and develop- ment of ombudsman services for residents of nursing homes; " (6) meet the special needs of, and improve the delivery of serv- ices to, older persons who are not receiving adequate services under other provisions of this Act, with emphasis on the needs of low-income, minority, Indian, and limited-English speaking individuals, and the rural elderly; or "(7) assist older persons to remain within their communities and out of institutions and to maintain their independent living by (A) providing financial assistance for the establishment and operation of senior ambulatory care day centers (providing a planned schedule of health, therapeutic, educational, nutritional, recreational, and social services at least twenty-four hours per week, transportation arrangements at low or no cost for partici- pants to and from the center, a hot mid-day meal, outreach and public information programs, and opportunities for maximum participation of senior participants and senior volunteers in the planning and operation of such center), and (B) maintaining or initiating arrangements (or providing reasonable assurances that such arrangements will be maintained or initiated) with the agency of the State concerned which administers or supervises the administration of a State plan approved under title X I X of the Social Security Act, and with other appropriate social services 42 USC 1396. agencies receiving, or reimbursed through, Federal financial assist- ance, for the payment of all or a part of such center's costs in providing services to eligible persons.". ATTRACTING QUALIFIED PERSONS TO T H E FIELD OF AGING SEC. 109. Section 403 of the Act (42 U.S.C. 3033) is amended by inserting immediately after "education" the following: "as defined in section 1201(a) of the Higher Education Act of 1965". 20 USC 1141.
89 STAT. 718 PUBLIC LAW 94-135—NOV. 28, 1975 TRAINING PERSONNEL I N T H E FIELD OF AGING / SEC. 110. (a) Section 404(a) of the Act (42 U.S.C. 3034(a)) is amended by redesignating paragraphs (2), (3), (4), and (5) as para- graphs (3), (4), (5),and (6),respectively. (b) Section 404(a) of the Act (42 U.S.C. 3034(a)) is amended by strikmg out paragraph (1) and inserting in lieu thereof the following new paragraphs: "(1) to assist in paying the costs, in whole or in part, of short- term and inservice training courses, workshops, institutes and other activities designed to improve the capabilities of partici- pants to provide services to older persons and to administer pro- grams related to the purposes of this Act, "(2) to assist in paying the costs, in whole or in part, of post- secondary education courses of training or study related to the purposes of this Act, including the payment of stipends to students enrolled in such courses,". (c) Section 404 of the Act (42 U.S.C. 3034) is amended by adding at the end thereof the following new subsection: "(c) The Commissioner may make grants under subsection (a) to assist in (1) the training of lawyers and paraprofessional persons who will (A) provide legal (including tax and financial) counseling and services to older persons; or (B) monitor the administration of any program by any public or private nonprofit institution, organization, or agency, or any State or political subdivision of a State, designed to provide assistance or services to older persons, including nursing home programs and other similar programs; and (2) the training of persons employed by or associated with public or private nonprofit agencies or organizations, including a State or political subdivision of a State, who will identify legal problems affecting older persons, develop solu- tions for such problems, and mobilize the resources of the community to respond to the legal needs of older persons.". PURCHASE AND DONATION OF CERTAIN PRODUCTS BY SECRETARY OF AGRICULTURE SEC. 111. (a) Section 707 of the Act (42 U.S.C. 3045f) is amended by inserting " (1)" immediately before the first sentence of subsection (a), by striking out "this section" in subsection(d) each place it appears therein and inserting in lieu thereof "this subsection", by redesignating subsections (b), (c), and (d) as paragraphs (2), (3), and (4), respectively, by redesignating subsection (e) as subsection (b), and by adding at the end thereof the following new subsection: "(c) (1) During each of the fiscal years ending June 30, 1975, and June 30, 1976, and during the period beginning July 1, 1976, and end- ing September 30, 1976, the Secretary of Agriculture shall purchase high protein foods, meat, and meat alternates on the open market, at prices not in excess of market prices, out of funds appropriated under this section, as determined under paragraph (3), for distribution to recipients of grants or contracts to be used for providing nutritional services in accordance with the provisions of this title. High protein food, meat, and meat alternates purchased by the Secretary of Agri- culture under this subsection shall be grown and produced in the United States. "(2) High protein food, meat, and meat alternates donated under this subsection shall not be considered donated commodities for pur- poses of meeting the requirement of subsection (a) (4) with respect to the annually programed level of assistance under subsection (a).
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 719 "(3) There are authorized to be appropriated such sums as may be Appropriation necessary in order to carry out the program established under para- authorization. graph (1).". 42 use 3045f. (b) Section 707(a) (4) of the Act, as so redesignated by subsection (a), is amended by striking out "10 cents per meal:" and inserting in lieu thereof "15 cents per meal during the fiscal year ending Septem- ber 30, 1976, and 25 cents per meal during the fiscal year ending Sep- tember 30,1977:". (c) Section 707(a) of the Act (42 U.S.C. 3045f) is amended in para- graphs (1), (2), and (3) by striking out "may" each place it appears therein and inserting in lieu thereof "shall". (d) Section 707 of the Act, as amended by subsection (a), is further amended by adding at the end thereof the following new subsection: "(d) (1) Notwithstanding any other provision of law, in any case in which a State has phased out its commodity distribution facilities before June 30, 1974, such State may, for purposes of the programs authorized by this Act, elect to receive cash payments in lieu of donated foods. In any case in which a State makes such an election, the Secretary of Agriculture shall make cash payments to such State in an amount equivalent in value to the donated foods which the State otherwise would have received if such State had retained its com- modity distribution facilities. " (2) When such payments are made, the State agency shall promptly and equitably disburse any cash it receives in lieu of commodities to recipients of grants or contracts. Such disbursements shall be used by such recipients of grants or contracts to purchase United States agricultural commodities and other foods for their nutrition projects.". (e) The first sentence of section 708 of the Act (42 U.S.C. 3045g) is amended by inserting after "this title" the following: "(other than section 707(c))". (f) Section 707(a)(4) of the Act (42 U.S.C._3045f (a) (4)), as so redesignated by subsection (a), is amended by striking out "subsection ( d ) " and inserting in lieu thereof "paragraph". AUTHORIZATION OF APPROPRIATIONS SEC. 112. (a) Section 204(c) of the Act (42 U.S.C. 3014(c)) is amended by striking out "and" immediately after "1974," and by inserting immediately after "1975," the following: "the fiscal year ending June 30, 1976, the period beginning July 1, 1976, and ending September 30, 1976, and the fiscal years ending September 30, 1977, and 1978 " (b) (1)' Section 303(a) of the Act (42 U.S.C. 3023(a)) is amended by striking out "and" immediately after "1974," and by inserting immediately after "1975," the following: "$180,000,000 for the fiscal year ending June 30,1976, $57,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, $231,000,000 for the fiscal year ending September 30,1977, and $287,200,000 for the fiscal year ending September 30, 1978,". (2) Section 303(b)(2) of the Act (42 U.S.C. 3023(b)(2)) is amended by striking out "and" immediately after "1974," and by inserting immediately after "1975," the following: "for the fiscal year ending June 30, 1976, the period beginning July 1, 1976, and ending September 30,1976, and for the fiscal years ending September 30,1977, and 1978". ./ » jr j 5 (c) Section 308(b) of the Act (42 U.S.C. 3028(b)) is amended by striking out "and" immediately after "1974," and by inserting imme-
89 STAT. 720 PUBLIC LAW 94-135—NOV. 28, 1975 diately after "1975" the following: ", the fiscal year ending June 30, 1976, the period beginning July 1, 1976, and ending September 30, 1976, and the fiscal years ending September 30, 1977, and 1978". (d) Section 431 of the Act (42 U.S.C. 3037) is amended by striking out "and" immediately after "1974," and by inserting immediately after "1975" the following: ", the fiscal year ending June 30, 1976, the period beginning July 1,1976, and ending September 30,1976, and the fiscal years ending September 30,1977, and 1978". (e) Section 505(a) of the Act (42 U.S.C. 3041d(a)) is amended by striking out "and" immediately after "1974," and by inserting imme- diately after "1975" the following: "the fiscal year ending June 30, 1976, the period beginning July 1, 1976, and ending September 30, 1976, and the fiscal years ending September 30,1977, and 1978". (f) Section 708 of the Act (42 U.S.C. 3045g) is amended by striking out "and" immediately after "1976," and by inserting in lieu thereof "$62,500,000 for the period beginning July 1, 1976, and ending Sep- tember 30,1976,", and by striking out "June 30,1977" and inserting in lieu thereof "September 30, 1977, and $275,000,000 for the fiscal year ending September 30,1978". COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS SEC. 113. (a) The Act is amended by adding at the end thereof the following new title: Older American "TITLE IX—COMMUNITY SERVICE EMPLOYMENT FOR Community Service OLDER AMERICANS Employment Act. 'SHORT TITLE 42 u s e 3056 "SEC. 901. This title may be cited as the 'Older American Com- note. munity Service Employment Act'. "OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM Establishment. "SEC. 902. (a) In order to foster and promote useful part-time 42 use 3056. opportunities in community service activities for unemployed low- income persons who are fifty-five years old or older and who have poor employment prospects, the Secretary of Labor (hereinafter in this title referred to as the 'Secretary') is authorized to establish an older Amer- ican community service employment program. " (b) (1) In order to carry out the provisions of this title, the Secre- tary is authorized to enter into agreements with public or private nonprofit agencies or organizations, including national organizations, agencies of a State government or a political subdivision of a State (having elected or duly appointed governing officials), or a combina- tion of such political subdivisions, or tribal organizations in order to further the purposes and goals of the program. Such agreements may include provisions for the payment of costs, as provided in sub- section (c), of projects developed by such organizations and agencies in cooperation with the Secretary in order to make the program effec- tive or to supplement the program. No payment shall be made by the Secretary toward the cost of any project established or administered by any such organization or agency unless he determines that such project— "(A) will provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 721 Eeersonnel, but such personnel shall, to the fullest extent possible, recruited from among eligible individuals; "(B) will provide employment for eligible individuals in the community in which such individuals reside, or in nearby communities; "(C) will employ eligible individuals in services related to publicly owned and operated facilities and projects, or projects sponsored by organizations, other than political parties, exempt from taxation under the provisions of section 501(c) (3) of the Internal Revenue Code of 1954, except projects involving the 26 USC 501. construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship; "(D) will contribute to the general welfare of the community; " ( E ) will provide employment for eligible individuals whose opportunities for other suitable public or private paid employ- ment are poor; " ( F ) (i) will result in an increase in employment opportunities over those opportunities which would otherwise be available, (ii) will not result in the displacement of currently employed workers (including partial displacement, such as a reduction m the hours of nonovertime work or wages or employment benefits), and (iii) will not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed; "(G) will not employ or continue to employ any eligible individ- ual to perform work the same or substantially the same as that performed by any other person who is on layoff; " ( H ) will utilize methods of recruitment and selection (includ- ing listing of job vacancies with the employment agency operated by any State or political subdivision thereof) which will assure that the maximum number of eligible individuals will have an opportunity to participate in the project; " ( I ) will include such training as may be necessary to make the most effective use of the skills and talents of those individuals who are participating, and will provide for the payment of the rea- sonable expenses of individuals being trained, including a reason- able subsistence allowance; " (J) will assure that safe and healthy conditions of work Avill be provided, and will assure that persons employed in community service jobs assisted under this title shall be paid wages which shall not be lower than whichever is the highest of (i) the mini- mum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a) (1) of such Act 29 USC 201. applied to the participTtnt and if he were not exempt under sec- 29 USC 206. tion 13 thereof, (ii) the State or local minimum wage for the most 29 USC 213. nearly comparable covered employment, or (iii) the prevailing rates of pay for persons employed in similar public occupations by the same employer; "(K) will be established or administered with the advice of persons competent in the field of service in which employment is being provided, and of persons who are knowledgeable with regard to the needs of older persons; "(L) will authorize pay for necessary transportation costs of eligible individuals which may be incurred in employment in any project funded under this title, in accordance with regulations promulgated by the Secretary;
89 STAT. 722 PUBLIC LAW 94-135—NOV. 28, 1975 "(M) will assure that, to the extent feasible, such project will serve the needs of minority, Indian, and limited English-speaking eligible individuals in proportion to their numbers in the State; and "(N) will authorize funds to be used, to the extent feasible, to include individuals participating in such project under any State unemployment insurance plan. "(2) The Secretary is authorized to establish, issue, and amend such regulations as may be necessary to effectively carry out the provisions of this title. "(c) (1) The Secretary is authorized to pay not to exceed 90 per centum of the cost of any project which is the subject of an agreement entered into under subsection (b), except that the Secretary is author- ized to pay all of the costs of any such project which is (A) an emer- gency or disaster project, or (B) a project located in an economically depressed area, as determined by the Secretary in consultation with the Secretary of Commerce and the Director of the Community Serv- ices Administration. " (2) The non-Federal share shall be in cash or in kind. In determin- ing the amount of the non-Federal share, the Secretary is authorized to attribute fair market value to services and facilities contributed from non-Federal sources. ((ADMINISTRATION 42 u s e 3056a. "SEC. 903. (a) In order to effectively carry out the provisions of this title, the Secretary shall, through the Commissioner of the Adminis- tration on Aging, consult with the State agency on aging designated 42 u s e 3024. under section 304(a) (1) and the appropriate area agencies on aging established under section 304(a) (2) with regard to— "(1) the localities in which community service projects of the typo authorized by this title are most needed; "(2) consideration of the employment situations and the type of skills possessed by available local individuals who are eligible to participate; and "(3) potential projects and the number and percentage of eligible individuals in the local population. "(b) If the Secretary determines that to do so would increase job opportunities available to individuals under this title, the Secretary is authorized to coordinate the program assisted under this title with programs authorized under the Emergency Jobs and Unemployment 29 u s e 961 note. Assistance Act of 1974, the Comprehensive Employment and Training 29 u s e 801 note. Act of 1973, the Community Services Act of 1974, and the Emergency 42 u s e 2701 Employment Act of 1971. Appropriations under this Act may not hie note. used to carry out any program under the Emergency Jobs and Unem- 42 u s e 4871 ployment Assistance Act of 1974, the Comprehensive Employment and note. Training Act of 1973, the Community Services Act of 1974, or the Emergency Employment Act of 1971. "(c) In carrying out the provisions of this title, the Secretary is authorized to use, with their consent, the services, equipment, per- sonnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equip- ment, and facilities. "(d) Payments under this title may be made in advance or by way of reimbursement and in such installments as the Secretary may determine.
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 723 "(e) The Secretary shall not delegate any function of the Secretary under this title to any other department or agency of the Federal Government. 'PARTICIPANTS NOT FEDERAL EMPLOYEES "SEC. 904. (a) Eligible individuals who are employed in any project 42 use 3056b. funded under this title shall not be considered to be Federal employees as a result of such employment and shall not be subject to the provisions of part I I I of title 5, United States Code. 5 use 2101. "(b) No contract shall be entered into under this title with a con- tractor who is, or whose employees are, under State law, exempted from operation of the State workmen's compensation law, generally appli- cable to employees, unless the contractor shall undertake to provide either through insurance by a recognized carrier, or by self-insurance, as authorized by State law, that the persons employed under the con- tract, shall enjoy workmen's compensation coverage equal to that pro- vided by law for covered employment. INTERAGENCY COOPERATION "SEC. 905. (a) The Secretary shall consult with, and obtain the writ- 42 USe 3056c. ten views of, the Commissioner of the Administration on Aging prior to the establishment of rules or the establishment of general policy in the administration of this title. "(b) The Secretary shall consult and cooperate with the Director of the Community Services Administration, the Secretary of Health, Education, and Welfare, and the heads of other Federal agencies carry- ing out related programs, in order to achieve optimal coordination with such other programs. In carrying out the provisions of this section, the Secretary shall promote programs or projects of a similar nature. Each Federal agency shall cooperate with the Secretary in disseminating information relating to the availability of assistance under this title and in promoting the identification and interests of individuals eligible for employment in projects assisted under this title. " E Q U I T A B L E DISTRIBUTION OF ASSISTANCE "SEC. 906. (a) (1) From sums appropriated under this title for each 42 USe 3056d. fiscal year, the Secretary shall first reserve such sums as may be neces- sary for national grants or contracts with public agencies and public or private nonprofit organizations to maintain the level of activities carried on under such grants or contracts at least at the level of such activities supported under this title and under any other provision of Federal law relating to community service employment programs for older Americans in the fiscal year ending June 30^ 1975. Preference in awarding such grants or contracts shall be given to national organiza- tions of proven ability in providing employment services to older per- sons under this program and similar programs. The Secretary, in awarding grants and contracts under this section, shall, to the extent feasible, assure an equitable distribution of activities under such grants and contracts, in the aggregate, among the States, taking into account the needs of underserved States. "(2) The Secretary shall allot for projects within each State the remainder of the sums appropriated for any fiscal year under section 908 so that each State will receive an amount which bears the same ratio to such remainder as the product of the number of persons aged fifty- five or over in the State and the allotment percentage of such State
8 9 STAT. 724 PUBLIC LAW 94-135—NOV. 2 8 , 1975 bears to the sum of the corresponding product for all States, except that (A) no State shall be allotted less t h a n one-half of 1 per centum of the remainder of the sums appropriated for the fiscal year for which the detennination is made, or $100,000, whichever is greater, and ( B ) Guam, American Samoa, the Virgin Islands, and the T r u s t Ter- ritory of the Pacific Islands shall each be allotted an amount which is not less than one-fourth of 1 per centum of the remainder of the sums appropriated for the fiscal year for which the determination is made, 'State.' or $50,000, whichever is greater. F o r the purpose of the exception con- tained in this p a r a g r a p h the term 'State' does not include Guam, American Samoa, the Virgin Islands, and the T r u s t Territory of the Pacific Islands. " (S) F o r the purpose of this subsection— " ( A ) t h e allotment percentage of each State shall be 100 per centum less t h a t percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except t h a t (i) the allotment percentage shall in no case be more than 75 per centum or less than 331/^ per centum, and (ii) the allotment percentage for the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the T r u s t Territory of the Pacific Islands shall be 75 per centum; " ( B ) the number of persons aged fifty-five or over in any State and in all States, and the per capita income in any State and in all States, shall be determined by the Secretary on the basis of the most satisfactory data available to h i m ; and " ( C ) for the purpose of determining the allotment percentage, the term 'United States' means the fifty States and the District of Columbia. " ( b ) The amount allotted for projects within any State under sub- section (a) for any fiscal year which the Secretary determines will not be required for such year shall be reallotted, from time to time and on such dates during such year as the Secretary may fix, to projects w i t h m other States in proportion to the original allotments to projects within such States under subsection (a) for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates t h a t projects within such State need and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. A n y amount reallotted to a State under this subsection during a year shall be deemed p a r t of its allotment under subsection (a) for such year. "(c) The amount apportioned for projects within each State under subsection (a) shall be apportioned among areas within each such State in an eauitable manner, t a k i n g into consideration (1) the proportion which eligible individuals in each such area bears to the total number of such individuals, respectively, in t h a t State, and (2) the relative distribution of such individuals residing in rur-al and urban areas within the State. "DEFINITIOXS 42 u s e 3056e. " S E ( \ 907. As used in this title— " ( 1 ) the term 'State' means any of the several States of the United States, the District of Columbia, P u e r t o Rico, the Virgin Islands, American Samoa, Guam, and the T r u s t Teri'itory of the Pacific I s l a n d s ;
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 725 "(2) the term 'eligible individual' means an individual who is fifty-five years old or over, who has a low income, and who has or would have difficulty in securing employment, except that, pur- suant to regulations prescribed by the Secretary, any such indi- vidual who is sixty years old or over shall have priority for the work opportunities provided for under this title; "(3) the term 'community service' means social, health, welfare, and educational services, legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, and library, recreational, and other similar services; conservation, maintenance, or restoration of natural resources; community betterment or beautification; antipollution and environmental quality efforts; economic development; and such other services essential and necessary to the community as the Secretary, by regulation, may prescribe; and "(4) the term 'program' means the older American community service employment program established under this title. ((AUTHORIZATION OF APPROPRIATIONS "SEC. O'OS. There are authorized to be appropriated to carry out 42 USC 3056f. this title $100,000,000 for the fiscal year ending June 30, 1976, $37,500,000 for the period beginning July 1,1976, and ending Septem- ber 30, 1976, $150,000,000 for the fiscal year ending September 30, 1977, and $200,000,000 for the fiscal year ending September 30,1978.". (b) Title I X of the Older Americans Comprehensive Services Repeal. Amendments of 1973 (42 U.S.C. 3061 et seq.) is hereby repealed. 42 USC (c) Notwithstanding any other provision of law, sums appro- 3061-3067. priated to carry out title I X of the Older Americans Comprehensive Services Amendments of 1973 for the fiscal year ending June 30,1975, 29 USC 871 note, may be used for older American community service employment proj- ects conducted as part of the Operation Mainstream program under title I I I of the Comprehensive Employment and Training Act of 1973. 29 USC 871. TECHNICAL AMENDMENTS SEC. 114. (a) Section 102(1) of the Act (42 U.S.C. 3002(1)) is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a period. (b) The heading for section 202 of the Act (42 U.S.C. 3012) is amended by striking out "orriCE" and inserting in lieu thereof "ADMINISTRATION". 42 USC 3012. (c) Section 202(a)(8) of the Act (42 U.S.C. 3022(a)(8)) is amended by striking out "and" at the end thereof. (d) Section 303(b)(1) of the Act (42 U.S.C. 3023(b)(1)) is amended by striking out "authorized to be". (e) The last sentence of section 305(e) of the Act (42 U.S.C. 3025 (e)) is amended by striking out "Commissioners' " and inserting in lieu thereof "Commissioner's". (f) Section 432(b) of the Act (42 U.S.C. 3037a(b)) is amended by striking out "part" and inserting in lieu thereof "title". (g) The last sentence of section 507(b) of the Act (42 U.S.C. 3041f (b)) is amended by striking out "or" the second place it appears therein and inserting in lieu thereof "of". (h) The heading for section 703 of the Act (42 U.S.C. 3045b) is amended by striking out "ALLOTTMENT" and inserting in lieu thereof "ALLOTMENT".
89 STAT. 726 PUBLIC LAW 94-135—NOV. 28, 1975 (i) The last sentence of section 703(c) of the Act (42 U.S.C. 3045b (c)) is amended by striking out "in kind" and inserting in lieu thereof "in-kind". (j) The last sentence of section 703 (d) of the Act (42 XJ.S.C. 3045b (d)) is amended by striking out "in kind" and inserting in lieu thereof "in-kind". (k) Section 705(a)(2) of the Act (42 U.S.C. 3045d(a)(2)) is amended by striking out "sets" and inserting in lieu thereof "set". (1) Section 705(a) (2) (B) of the Act (42 U.S.C. 3045d(a) (2) (B)) is amended by striking out "cost, for the fiscal year ending June 30, 1973," and all that follows through "1973, funds" and inserting in lieu thereof "cost. Funds", (m) Section 705(a)(5) of the Act (42 U.S.C. 3045d(a)(5)) is amended by striking out "areas" and inserting in lieu thereof "area". (n) The last sentence of section 705(c) of the Act (42 U.S.C. 3045d (c)) is amended by inserting a comma immediately after "failure" the first place it appears therein, and such sentence is further amended by striking out "part" and inserting in lieu thereof "title". (o) Section 706(a)(5) of the Act (42 U.S.C. 3045e(a)(5)) is amended by inserting a comma immediately after "requirements" the second place it appears therein. (p) Section 706(a)(8) of the Act (42 U.S.C. 3045e(a)(8)) is amended by inserting a comma immediately after "program" the second place it appears therein. T I T L E II—AMENDMENTS TO OTHER LAWS H I G H E R EDUCATION ACT OF 1 9 6 5 SEC. 201. Section 110(b) of the Higher Education Act of 1965 (20 U.S.C. 1008a(b)) is amended by striking out "July 1, 1977" and inserting in lieu thereof "October 1, 1978", by striking out "and" immediately after "1973," and inserting in lieu thereof "for", and by inserting immediately before the period at the end thereof the follow- ing: ", and for the period beginning July 1,1976, and ending Septem- ber 30,1976". ADULT EDUCATION ACT SEC. 202. Section 310(b) of the Adult Education Act (20 U.S.C. 1208a (b)) is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1978", by striking out "and" immediately after "1973," and inserting in lieu thereof "for", and by inserting immediately before the period at the end thereof the following: ", and for the period beginning July 1,1976, and ending September 30,1976". OLDER AMERICANS COMPREHENSIVE SERVICES AMENDMENTS OF 1 9 7 3 SEC. 203. Section 805 of the Older Americans Comprehensive Serv- ices Amendments of 1973 (42 U.S.C. 2809 note) is amended— (1) by striking out "fiscal year" the second place it appears therein and inserting in lieu thereof "five fiscal years and the period beginning July 1, 1976, and ending September 30, 1976"; and (2) by striking out "Economic Opportunity Act of 1964" and 42 use 2701 inserting in lieu thereof "Community Services Act of 1974". note.
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 727 VOCATIONAL EDUCATION ACT OF 1 9 6 3 SEC. 204. Section 161 (d) of the Vocational Education Act of 1963 (20 U.S.C. 1341(d)) is amended by inserting " ( 1 ) " immediately before "At least one-third" and by adding at the end thereof the following new paragraph: "(2) From funds made available under this section, special consid- eration shall be given to special consumer and homemakmg programs for persons aged sixty or older who are in need of services provided by such programs, as determined by the Commissioner, Such programs shall be designed to assist such persons to live independently in their own homes and to alleviate the adverse effects of lonelmess and isolation.". DOMESTIC VOLUNTEER SERVICE ACT OF 197 3 SEC. 205. (a) (1) Section 502(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5082(a)), hereinafter in this section referred to as the "Act", is amended— (A) by striking out "and" immediately after "1974,"; and (B) by inserting immediately after "respectively," the follow- ing: "$6,000,000 for the period beginning July 1, 1976, and end- ing September 30, 1976, and $22,000,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978,". (2) Section 502(b)(1) of the Act (42 U.S.C. 5082(b)(1)) is amended— (A) by striking out "and" immediately after "1974," each place it appears therein; (B) by inserting immediately after "respectively," the first place it appears therein the following: $10,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $43,000,000 for each of the fiscal years ending September 30,1977, and September 30, 1978,"; (C) by inserting immediately after "respectively," the second place it appears therein the following: "$8,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $35,000,000 for each of the fiscal years ending September 30,1977, and September 30,1978,"; and (D) by inserting immediately after "respectively," the third place it appears therein the following: "$2,000,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $8,000,000 for each of the fiscal years ending September 30, 1977, and September 30,1978,". (b) (1) The first sentence of section 211(a) of the Act (42 U.S.C. 5011(a)) is amended— (A) by striking out "volunteers" the first and third places it appears therein and inserting in lieu thereof "individuals"; and (B) by striking out "serve as volunteers to". (2) Section 211(b) of the Act (42 U.S.C. 5011(b)) is amended by striking out "volunteers" and inserting in lieu thereof "individuals". (3) Section 212(a)(1) of the Act (42 U.S.C. 5 p i 2 ( a ) ( l ) ) is amended by striking out "volunteers" and inserting in lieu thereof "individuals". (c)(1) In order to provide maximum coordination between pro- 42 USC 5001 grams carried out under title I I I and title V I I of the Older Americans note. Act of 1965 (42 U.S.C. 3021 et seq.; 42 U.S.C. 3045 et seq.) and national older American volunteer programs carried out under title I I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.), and
89 STAT. 728 PUBLIC LAW 94-135—NOV. 28, 1975 in order to enhance the effectiveness of the support provided to such national older American volunteer programs by the ACTION Agency, the Director of the ACTION Agency shall designate an aging resource specialist with respect to programs carried out in each State under title 42 use 5001. I I of the Domestic Volunteer Service Act of 1973. (2) (A) Each aging resource specialist designated under paragraph (1) shall be qualified to serve in such capacity by appropriate experience and training, and shall be stationed in a State office of the ACTION Agency. (B) The primary responsibility of each aging resource specialist shall be— (i) to support programs carried out under title I I of the Domes- tic Volunteer Service Act of 1973 in any State or other jurisdiction served by the State office involved; and (ii) to seek to coordinate such programs with programs carried out under title I I I and title V I I of the Older Americans Act of 42 use 3021, 1965 in any such State or other jurisdiction. 3045. (3) For purposes of this subsection— Definitions. (A) the term "ACTION Agency" means the ACTION Agency established by section 401 of the Act (42 U.S.C. 5041) ; (B) the term "primary responsibility" means the devotion of more than one-half of regular working hours to the performance of duties described in paragraph (2) ( B ) ; and (C) the term "State" means the several States, the District of Columbia, the Virgin Islands, Puerto Eico, Guam, American Samoa, and the Trust Territory of the Pacific Islands. AMENDMENT TO RESEARCH ON AGING ACT OF 19 74 SEC. 206. Section 464 of the Public Health Service Act (42 U.S.C. 289k-5) is amended by striking out "one year" and inserting in lieu thereof "two years". Age TITLE I I I — P R O H I B I T I O N OF DISCRIMINATION BASED Discrimination ON AGE Act of 1975. SHORT TITLE 42 use 6101 SEC. 301. The provisions of this title may be cited as the "Age note. Discrimination Act of 1975". STATEMENT OF PURPOSE 42 use 6101. SEC. 302. It is the purpose of this title to prohibit unreasonable dis- crimination on the basis of age in programs or activities receiving Federal financial assistance, including programs or activities receiving funds under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221 etseq.). PROHIBITION OF DISCRIMINATION 42 use 6102. S E C 303. Pursuant to regulations prescribed under section 304, and except as provided by section 304(b) and section 304(c), no person in the United States shall, on the basis of age, be excluded from partici- pation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 729 REGULATIONS SEC. 304. (a) (1) Xot later t h a n one year after the transmission of 42 use 6103. the report required by section 307(b), or two and one-half years after the date of the enactment of this Act, whichever occurs first, the Secretary of Health, Education, and Welfare shall publish in the Federal Register proposed general regulations to carry out the provi- sions of section 303. (2) ( A ) T h e Secretary shall not publish such proposed general regulations until the expiration of a period comprised of— (i) the forty-five day period specified in section 307(e) ; and (ii) an additional forty-five day period, immediately following the period described in clause ( i ) , during which any couiuiittee of the Congress having jurisdiction over the subject matter involved may conduct hearings with respect to the report which the Com- mission is required to transmit under section 3 0 7 ( d ) , and with respect to the comments and recommendations submitted by Fed- eral departments and agencies under section 307 ( e ) . ( B ) The forty-five day period specified in subparagraph (A) (ii) shall include only days d u r i n g which both Houses of the Congress are in session. (3) Not later than ninety days after the Secretary publishes pro- Publication in posed regulations under p a r a g r a p h ( 1 ) , the Secretary shall publish Federal Register. in the Federal Register final general regulations to carry out the provisions of section 303, after taking into consideration any com- ments received by the Scei'ctary with respect to the regulations proposed under p a r a g r a p h ( 1 ) . (4) Not later than ninety days after the Secretary publishes final Publication in general regulations under p a r a g r a p h (a) ( 3 ) , the head of each Fed- Federal Register. eral department or agency which extends Federal financial assist- ance to any program or activity by way of grant, entitlement, loan, or contract other than a contract of insurance or guaranty, shall transmit to the Secretary and publish in the Federal Register pro- j)osed regulations to carry out the provisions of section 303 and to provide appropriate investigative, conciliation, and enforcement pro- cedures. Such regulations shall be consistent with the final general regulations issued by the Secretary. (5) Notwithstanding any other provision of this section, no regula- tions issued pursuant to this section shall be effective before J a n u - ary 1, 1979. ( b ) ( 1 ) I t shall not be a violation of any provision of this title, or of anv regulation issued under this title, for any person to take any action otherwise prohibited by the provisions of section 303 if, in the p r o g r a m or activity involved— (A) such action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any stat- utorv obiective of srch nrogram or activity: or (1^) the differentiation made by such action is based upon rea- sonable factors other than age. (2) The provisions of this title shall not apply to any program or activity established under authority of any law which (A) provides any benefits or assistance to persons based upon the age of such per- sons; or ( B ) establishes criteria for participation in age-related terms or describes intended beneficiaries or target groups in such terms. (c) (1) Except with respect to anv program or activity receiving Federal financial assistance for ]iublic service employment under the Comprehensive Employment and T r a i n i n g Act of 1974 (29 U.S.C. 801, et seq.), as amended, nothing in this title shall be construed to
89 STAT. 730 PUBLIC LAW 94-135—NOV. 28, 1975 authorize action under this title by any Federal department or agency with respect to any employment practice of any employer, employ- ment agency, or labor organization, or with respect to any labor-man- agement joint apprenticeship training program. (2) Nothing in this title shall be construed to amend or modify the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621-634), as amended, or to affect the rights or responsibilities of any person or party pursuant to such Act. ENFORCEMENT 42 use 6104. SEC. 305. (a) The head of any Federal department or agency who prescribes regulations under section 304 may seek to achieve com- pliance with any such regulation— (1) by terminating, or refusing to grant or to continue, assist- ance under the program or activity involved to any recipient with respect to whom there has been an express finding on the record, after reasonable notice and opportunity for hearing, of a failure to comply with any such regulation; or (2) by any other means authorized by law. (b) Any termination of, or refusal to grant or to continue, assist- ance under subsection (a)(1) shall be limited to the particular political entity or other recipient with respect to which a finding has been made under subsection (a)(1). Any such termination or refusal shall be limited in its effect to the particular program or activity, or part of such program or activity, with respect to which such finding has been made. No such termination or refusal shall be based in whole or in part on any finding with respect to any program or activity which does not receive Federal financial assistance. (c) No action may be taken under subsection (a) until the head of the Federal department or agency involved has advised the appro- priate person of the failure to comply with the regulation involved and has determined that compliance cannot be secured by voluntary means. Report to (d) In the case of any action taken under subsection (a), the head congressional of the Federal department or agency involved shall transmit a written committees. report of the circumstances and grounds of such action to the com- mittees of the House of Representatives and the Senate having legis- lative jurisdiction over the program or activity involved. No such action shall take effect until thirty days after the transmission of any such report. (e) The provisions of this section shall be the exclusive remedy for the enforcement of the provisions of this title. JUDICIAL R E V I E W 42 use 6105. SEC. 306. (a) Any action by any Federal department or agency under section 305 shall be subject to such judicial review as may other- wise be provided by law for similar action taken by any such depart- ment or agency on other grounds. (b) In the case of any action by any Federal department or agency under section 305 which is not otherwise subject to judicial review, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with the provisions of chapter 7 of title 5, United 5 use 701 et seq. States Code. For purposes of this subsection, any such action shall not be considered committed to unreviewable agency discretion within the meaning of section 701(a)(2) of such title.
PUBLIC LAW 94-135—NOV. 28, 1975 89 STAT. 731 STUDY OF DISCRIMINATION BASED ON AGE SEC. 307. (a) The Commission on Civil Eights shall (1) undertake 42 use 6106. a study of unreasonable discrimination based on age in programs and activities receiving Federal financial assistance; and (2) identify with particularity any such federally assisted program or activity in which there is found evidence of persons who are otherwise qualified being, on the basis of age, excluded from participation in, denied the benefits of, or subjected to discrimination under such program or activity. (b) As part of the study required by this section, the Commission Hearings. shall conduct public hearings to elicit the views of interested parties, including Federal departments and agencies, on issues relating to age discrimination in programs and activities receiving Federal financial assistance, and particularly with respect to the reasonableness of distin- guishing, on the basis of age, among potential participants in, or beneficiaries of, specific federally assisted programs, (c) The Commission is authorized to obtain, through grant or contract, analyses, research and studies by independent experts of issues relating to age discrimination and to publish the results thereof. For purposes of the study required by this section, the Commission may accept and utilize the services of voluntary or uncompensated personnel, without regard to the provisions of section 105(b) of the Civil Eights Act of 1957 (42 U.S.C. 1975d (b)). (d) Not later than eighteen months after the date of the enact- Report to ment of this Act, the Commission shall transmit a report of its President and findings and its recommendations for statutory changes (if any) and Congress. administrative action, including suggested general regulations, to the Congress and to the President and shall provide a copy of its report to the head of each Federal department and agency with respect to which the Commission makes findings or recommendations. (e) Not later than forty-five working days after receiving a copy Reports to of the report required by subsection (d), each Federal department or President and agency with respect to which the Commission makes findings or rec- congressional ommendations shall submit its comments and recommendations regard- committees. ing such report to the President and to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Eepresentatives. (f) The head of each Federal department or agency shall cooperate in all respects with the Commission with respect to the study required by subsection (a), and shall provide to the Commission such data, reports, and documents in connection with the subject matter of such study as the Commission may request. (g) There are authorized to be appropriated such sums as may be Appropriation necessary to carry out the provisions of this section. authorization. DEFINITIONS SEC. 308. For purposes of this title— 42 use 6107, (1) the term "Commission" means the Commission on Civil Eights; (2) the term "Secretary" means the Secretary of Health, Edu- cation, and Welfare; and
89 STAT. 732 PUBLIC LAW 94-135—NOV. 28, 1975 (3) the term "Federal department or agency" means any agency as defined in section 551 of title 5, United States Code, and includes the United States Postal Service and the Postal Rate Commission. Approved November 28, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-67 (Comm. on Education and Labor) and No. 94-670 (Comm. of Conference). SENATE REPORTS: No. 94-254 (Comm. on Labor and Public Welfare) and No. 94-255 accompanying S. 1425 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 8, considered and passed House. June 26, considered and passed Senate, amended, in lieu of S. 1425. Nov. 19, House agreed to conference report. Nov. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 48: Nov. 28, Presidential statement.