42 U.S.C. § 4368a

Utilization of talents of older Americans in projects of pollution prevention, abatement, and control

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(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 certificationsPrior 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.

(Pub. L. 98–313, § 2, June 12, 1984, 98 Stat. 235; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(35), (f)(27)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–426, 2681–434; Pub. L. 113–128, title V, § 512(j), July 22, 2014, 128 Stat. 1709.)Editorial NotesReferences in Text

The Older Americans Act of 1965, referred to in subsec. (a), is Pub. L. 89–73, July 14, 1965, 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, July 22, 2014, 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.

Amendments

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 SubsidiariesEffective Date of 2014 Amendment

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.

Effective Date of 1998 Amendment

Amendment by section 101(f) [title VIII, § 405(d)(35)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(27)] of Pub. L. 105–277 effective July 1, 2000, 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, June 12, 1984, 98 Stat. 235, provided that: “This Act [enacting this section] may be cited as the ‘Environmental Programs Assistance Act of 1984’.”

Notes of Decisions

Cited in 2 cases, 1995–2001 · leading case: Omeli v. Nat'l Council of Senior Citizens, 12 F. App'x 304 (6th Cir. 2001).

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Omeli v. Nat'l Council of Senior Citizens, 12 F. App'x 304 (6th Cir. 2001). “From 1994 to 1996, Omeli was a participant in the Senior Environmental Employment (SEE) program, authorized by the Environmental Programs Assistance Act, 42 U.S.C. § 4368a, performing work for the EPA as a computer analyst.”

Daniels v. Browner, 63 F.3d 906 (9th Cir. 1995). · cites it 3× “§ 3056 , and the Environmental Programs Assistance Act of 1984 (“EPAA”), 42 U.S.C. § 4368a. She sued the EPA under the ADEA, alleging that the EPA paid her less than it paid non-SEE employees for the same or substantially similar work.”

— 42 U.S.C. § 4368a(a) — 1 case

Daniels v. Browner, 63 F.3d 906 (9th Cir. 1995). “§ 3056 , and the Environmental Programs Assistance Act of 1984 (“EPAA”), 42 U.S.C. § 4368a. She sued the EPA under the ADEA, alleging that the EPA paid her less than it paid non-SEE employees for the same or substantially similar work.”

— 42 U.S.C. § 4368a(b) — 1 case

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