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Title 42 — The Public Health and Welfare

Chapter 55 — National Environmental Policy

§ 4368a. Utilization of talents of older Americans in projects of pollution prevention, abatement, and control

Statutory text

(a)

Technical assistance to environmental agencies

Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Administrator of the Environmental Protection Agency is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 [42 U.S.C. 3056 et seq.] to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Administrator (and consistent with such provisions of law) in providing technical assistance to Federal, State, and local environmental agencies for projects of pollution prevention, abatement, and control. Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3221 et seq.].

(b)

Pre-award certifications

Prior to awarding any grant or agreement under subsection (a), the applicable Federal, State, or local environmental agency shall certify to the Administrator that such grants or agreements will not—

(1)

result in the displacement of individuals currently employed by the environmental agency concerned (including partial displacement through reduction of nonovertime hours, wages, or employment benefits);

(2)

result in the employment of any individual when any other person is in a layoff status from the same or substantially equivalent job within the jurisdiction of the environmental agency concerned; or

(3)

affect existing contracts for services.

(c)

Prior appropriation Acts

Grants or agreements awarded under this section shall be subject to prior appropriation Acts.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 98–313 § 2 · 98 Stat. 235

    Enacted · 42 U.S.C. § 4368a

    Pub. L. 98–313, § 2, June 12, 1984, 98 Stat. 235

    Source evidence

    Code source credit
    Pub. L. 98–313, § 2, June 12, 1984, 98 Stat. 235

    Enacted provision · exact public law section
    Sec. 2. environmental programs (a) Notwithstanding any other provision of law relating to Aged persons. 42 USC 4368a note. Federal grants and cooperative agreements, the Administrator of the Environmental Protection Agency is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older 42 USC 3056. Americans in programs authorized by other provisions of law administered by the Administrator (and consistent with such provisions of law) in providing technical assistance to Federal, State, and local environmental agencies for projects of pollution prevention, abatement, and control. Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and title IV of the Job Training 42 USC 3056. 29 USC 1671. Partnership Act. (b) Prior to awarding any grant or agreement under subsection (a), Employment and unemployment. the applicable Federal, State, or local environmental agency shall certify to the Administrator that such grants or agreements will not— (1) result in the displacement of individuals currently employed by the environmental agency concerned (including partial displacement through reduction of nonovertime hours, wages, or employment benefits); (2) result in the employment of any individual when any other person is in a layoff status from the same or substantially equivalent job within the jurisdiction of the environmental agency concerned; or (3) affect existing contracts for services. (c) Grants or agreements awarded under this Act shall be subject to prior appropriation Acts.

  2. Pub. L. 105–277 § 101(f)(tVIII)(s405)(f)(27) · 112 Stat. 2681

    Struck · 42 U.S.C. § 4368a(a)

    Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(27)], struck out “title IV of the Job Training Partnership Act or” after “title V of the Older Americans Act of 1965 and” in last sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(27)], struck out “title IV of the Job Training Partnership Act or” after “title V of the Older Americans Act of 1965 and” in last sentence.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

  3. Pub. L. 105–277 § 101(f)(tVIII)(s405)(d)(35) · 112 Stat. 2681

    Substituted · 42 U.S.C. § 4368a(a)

    Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(35)], substituted “and title IV of the Job Training Partnership Act or subtitle D of title I of the Workforce Investment Act of 1998” for “and title IV of the Job Training Partnership Act” in second sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(35)], substituted “and title IV of the Job Training Partnership Act or subtitle D of title I of the Workforce Investment Act of 1998” for “and title IV of the Job Training Partnership Act” in second sentence.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

  4. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title V § 512(j) · 128 Stat. 1425

    Substituted · 42 U.S.C. § 4368a(a)

    Pub. L. 113–128 substituted “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act” for “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–128 substituted “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act” for “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998”.

    Enacted provision · exact public law section
    (j) Environmental Programs Assistance Act of 1984.— Section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by striking “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998” and inserting “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act”.

    Effective date note
    Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text

The Older Americans Act of 1965, referred to in subsec. (a), is Pub. L. 89–73, , 79 Stat. 218. Title V of the Act, known as the “Community Service Senior Opportunities Act”, is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The Workforce Innovation and Opportunity Act, referred to in subsec. (a), is Pub. L. 113–128, , 128 Stat. 1425. Subsection D of title I of the Act is classified generally to part D (§ 3221 et seq.) of subchapter I of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

Codification

Section was enacted as part of the Environmental Programs Assistance Act of 1984, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

Amendments1998–2014 · 2 rounds

2014

Subsec. (a). Pub. L. 113–128 substituted “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act” for “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998”.

1998

Subsec. (a). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(27)], struck out “title IV of the Job Training Partnership Act or” after “title V of the Older Americans Act of 1965 and” in last sentence.

Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(35)], substituted “and title IV of the Job Training Partnership Act or subtitle D of title I of the Workforce Investment Act of 1998” for “and title IV of the Job Training Partnership Act” in second sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after (), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective Date of 1998 Amendment

Amendment by section 101(f) [title VIII, § 405(d)(35)] of Pub. L. 105–277 effective , and amendment by section 101(f) [title VIII, § 405(f)(27)] of Pub. L. 105–277 effective , see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees.

Short Title

Pub. L. 98–313, § 1, , 98 Stat. 235, provided that: “This Act [enacting this section] may be cited as the ‘Environmental Programs Assistance Act of 1984’.”

Credits

1984–2014 · 3 acts
  1. 1984Pub. L. 98–313, § 2, , 98 Stat. 235
  2. 1998Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(35), (f)(27)], , 112 Stat. 2681–337, 2681–426, 2681–434
  3. 2014Pub. L. 113–128, title V, § 512(j), , 128 Stat. 1709.
Show as published

(Pub. L. 98–313, § 2, , 98 Stat. 235; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(35), (f)(27)], , 112 Stat. 2681–337, 2681–426, 2681–434; Pub. L. 113–128, title V, § 512(j), , 128 Stat. 1709.)

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