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 PUBLIC LAW 94-134—NOV. 24, 1975 SEC. 309. Funds appropriated for operating expenses of the Canal Zone Government may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. SEC. 310. Funds appropriated under this Act for expenditure by the Federal Aviation Administration shall be available (1) for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation on a regular basis. SEC. 311. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18. SEC. 312. None of the funds in this Act shall be available for the implementation or execution of a program in the Department of Transportation to collect fees, charges or prices for approvals, tests, authorizations, certificates, permits, registrations, and ratings which are in excess of the levels in effect on January 1, 1973, or which did not exist as of January 1, 1973, until such program is reviewed and approved by the appropriate committees of the Congress. SEC. 313. No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 percent of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services. SEC. 314. None of the funds provided in this Act for liquidation of contractual obligations under the Urban Mass Transportation Act of 1964, as amended, shall be made available for liquidation of obligations entered into under Section 5 of that Act, to support mass transit facilities, equipment or operating expenses unless the applicant for such assistance has given satisfactory assurances in such manner and form as the Secretary may require, and in accordance with such terms and conditions as the Secretary may prescribe, that the rates charges elderly and handicapped persons during nonpeak hours shall not exceed one-half of the rates generally applicable to other persons at peak hours: Provided, That the Secretary, in prescribing the terms and conditions for the provision of such assistance shall (1) permit applicants to continue the use of preferential fare systems for elderly or handicapped persons where those systems were in effect on or prior to November 26, 1974, (2) allow applicants a reasonable time, not to exceed 120 days, to expand the coverage of operating preferential fare systems as appropriate, and (3) allow applicants to define the eligiljility of "handicapped persons" for the purposes of preferential fares in conformity with other Federal laws and regulations governing eligibility for benefits for disabled persons.

89 STAT. 711

FAA personnel, dependents' school expenses. 20,USC 241 note.

5 USC 5332 note.

Standard level user changes, limitation. 40 USC 490.

49 USC 1601 note. 49 USC 1604.

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 89 STAT. 712 Fiscal year limitation. 88 Stat. 1784.

Short title.

PUBLIC LAW 94-134—NOV. 24, 1975 SEC. 315. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein, except as provided in section 204 of the Supplemental Appropriation Act, 1975 (Public Law 93-554). SEC. 316. None of the funds provided under or included in this Act shall be available for the planning or execution of programs, the obligations for which are in excess of $9,000,000,000 for "Federal-Aid Highways" and for "Highway Safety Construction Programs" in fiscal year 1976 and for the period July 1, 1976, through September 30, 1976: Provided, That this limitation shall not apjply to obligations for emergency relief under section 125 of title 23, United States Code; special urban high density traffic program under section 146 of title 23, United States Code, and special bridge replacement program under section 144 of title 23, United States Code. This Act may be cited as the "Department of Transportation and Related Agencies Appropriation Act, 1976, and the period ending September 30, 1976." Approved November 24, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-331 (Comm. on Appropriations) and No. 94-636 (Comm. of Conference). SENATE REPORT 94-291 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 121 (1975): July 10, considered and passed House. July 25, considered and passed Senate, amended. Nov. 11, House agreed to conference report; concurred in Senate amendments with amendments. Nov. 12, Senate agreed to conference report; concurred in House amendments.

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

Nov. 28, 1975 [H.R. 3922]

Be it enacted by 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.

TITLE I—AMENDMENTS TO OLDER AMERICANS ACT O F 1965

f^^^^ ^^^'^

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 II 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 following 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".

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text: Popular Science Monthly/Volume 31/September 1887/Sleep and its Counterfeits


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Page:United States Statutes at Large Volume 89.djvu/774

 89 STAT. 714

PUBLIC LAW 94-135—NOV. 28, 1975 GRANTS TO INDIAN TRIBES

42 USC 3025.

42 USC 3023. Definitions.

43 USC 1602.

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 purposes of this title) that the members of an Indian tribe are not receiving 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 paragraph (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, 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 the cost of the administration of area plans under section 303(e)(1).". (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 who 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 established pursuant to the Alaska Native Claims Settlement Act (Public 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 organization 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".

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 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 agreements with agencies administering programs under the Rehabilitation Act of 1973, and titles VI, X IX, and X X of the Social Security Act for the purpose of developing and implementing plans for meeting the common need for transportation services of persons receiving benefits under such Acts and older persons participating in programs authorized by titles III and VII of this Act. "(2) Pursuant to an agreement entered into under paragraph (1), funds appropriated under titles III and VII of this Act may be used to purchase transportation services for older persons and may be pooled with funds made available for the provision of transportation services under the Rehabilitation Act of 1973, and titles VI, X IX, 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 inserting 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 beginning 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 subsection immediately after subsection (a):

29 USC 701 note. 42 USC 801, 1396, 1397. 42 USC 3021, 3045. Transportation services, funds.

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 89 STAT. 716

42 USC 3025.

PUBLIC LAW 94-135—NOV. 28, 1975 " (b) Every State plan shall provide for the establishment or maintenance 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 institutionalization: "(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 programs, 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 consistent with the provisions of the State plan relating to the services required to be provided under section 305(a) (10),". ADMINISTRATION OF STATE

Application for additional funds.

42 USC 3045.

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". (b) Section 306(b) of the Act (42 U.S.C. 3026(b)) is amended by 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 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 administration of its State plan in accordance with subsection (a); and "(iii) the State agency and area agencies of such State designated 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.

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 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 42 USC 3023, under section 303(b) and section 703(a) for such fiscal year. " (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 terminating 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 semicolon 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 development of ombudsman services for residents of nursing homes; " (6) meet the special needs of, and improve the delivery of services 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 participants 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 IX of the Social Security Act, and with other appropriate social services 42 USC 1396. agencies receiving, or reimbursed through, Federal financial assistance, for the payment of all or a part of such center's costs in providing services to eligible persons.". ATTRACTING QUALIFIED PERSONS TO THE 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.

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 89 STAT. 718

PUBLIC LAW 94-135—NOV. 28, 1975 TRAINING PERSONNEL I N THE 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 paragraphs (3), (4), (5),and (6),respectively. (b) Section 404(a) of the Act (42 U.S.C. 3034(a)) is amended by striking 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 shortterm and inservice training courses, workshops, institutes and other activities designed to improve the capabilities of participants to provide services to older persons and to administer programs related to the purposes of this Act, "(2) to assist in paying the costs, in whole or in part, of postsecondary 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 solutions 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 ending 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 Agriculture 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 purposes of meeting the requirement of subsection (a)(4) with respect to the annually programed level of assistance under subsection (a).

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 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. 42 USC 3045f. graph (1).". (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 September 30, 1976, and 25 cents per meal during the fiscal year ending September 30, 1977:". (c) Section 707(a) of the Act (42 U.S.C. 3045f) is amended in paragraphs (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 commodity 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-

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Page:United States Statutes at Large Volume 89.djvu/780

 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 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". (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 September 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 Community Service Employment Act.

"TITLE IX—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

42 USC 3056 note.

"SEC. 901. This title may be cited as the 'Older American Community Service Employment Act'.

'SHORT TITLE

"OLDER

Establishment. 42 USC 3056.

AMERICAN

COMMUNITY

SERVICE EMPLOYMENT

PROGRAM

"SEC. 902. (a) In order to foster and promote useful part-time opportunities in community service activities for unemployed lowincome 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 American community service employment program. " (b)(1) In order to carry out the provisions of this title, the Secretary 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 combination 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 subsection (c), of projects developed by such organizations and agencies in cooperation with the Secretary in order to make the program effective 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

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 PUBLIC LAW 94-135—NOV. 28, 1975 ersonnel, but such personnel shall, to the fullest extent possible, e 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 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 employment 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 individual 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 (including 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 reasonable expenses of individuals being trained, including a reasonable 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 minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act applied to the participTtnt and if he were not exempt under section 13 thereof, (ii) the State or local minimum wage for the most 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. 721

E

26 USC 501.

29 USC 201. 29 USC 206. 29 USC 213.

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Page:United States Statutes at Large Volume 89.djvu/782

 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 authorized to pay all of the costs of any such project which is (A) an emergency 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 Services Administration. " (2) The non-Federal share shall be in cash or in kind. In determining 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

"SEC. 903. (a) In order to effectively carry out the provisions of this title, the Secretary shall, through the Commissioner of the Administration on Aging, consult with the State agency on aging designated under section 304(a)(1) and the appropriate area agencies on aging 42 USC 3024. 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 USC 961 note. Assistance Act of 1974, the Comprehensive Employment and Training 29 USC 801 note. Act of 1973, the Community Services Act of 1974, and the Emergency Employment Act of 1971. Appropriations under this Act may not hie 42 USC 2701 note. used to carry out any program under the Emergency Jobs and Unem42 USC 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, personnel, 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, equipment, 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.

42 USC 3056a.

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Page:United States Statutes at Large Volume 89.djvu/783

 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 USC 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 III of title 5, United States Code. 5 USC 2101. "(b) No contract shall be entered into under this title with a contractor who is, or whose employees are, under State law, exempted from operation of the State workmen's compensation law, generally applicable 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 contract, shall enjoy workmen's compensation coverage equal to that provided by law for covered employment. INTERAGENCY COOPERATION

"SEC. 905. (a) The Secretary shall consult with, and obtain the writ- 42 USC 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 carrying 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 USC 3056d. fiscal year, the Secretary shall first reserve such sums as may be necessary 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 organizations of proven ability in providing employment services to older persons 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 fiftyfive or over in the State and the allotment percentage of such State

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Page:United States Statutes at Large Volume 89.djvu/784

 8 9 STAT. 724

'State.'

PUBLIC LAW 94-135—NOV. 28, 1975 bears to the sum of the corresponding product for all States, except that (A) no State shall be allotted less than 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 Territory 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, or $50,000, whichever is greater. For the purpose of the exception contained in this paragraph 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) For the purpose of this subsection— " (A) the allotment percentage of each State shall be 100 per centum less that 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 that (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 subsection (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 that 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. Any amount reallotted to a State under this subsection during a year shall be deemed part 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, taking into consideration (1) the proportion which eligible individuals in each such area bears to the total number of such individuals, respectively, in that State, and (2) the relative distribution of such individuals residing in rur-al and urban areas within the State. "DEFINITIONS

42 USC 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 to Rico, the Virgin Islands, American Samoa, Guam, and the T r u s t Territory of the Pacific Islands;

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Page:United States Statutes at Large Volume 89.djvu/785

 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, pursuant to regulations prescribed by the Secretary, any such individual 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 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 September 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 IX of the Older Americans Comprehensive Services Amendments of 1973 (42 U.S.C. 3061 et seq.) is hereby repealed. (c) Notwithstanding any other provision of law, sums appropriated to carry out title IX of the Older Americans Comprehensive Services Amendments of 1973 for the fiscal year ending June 30, 1975, may be used for older American community service employment projects conducted as part of the Operation Mainstream program under title III of the Comprehensive Employment and Training Act of 1973.

42 USC 3056f.

Repeal. 42 USC 3061-3067.

29 USC 871 note, 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".

(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 "ALLOTMENT" and inserting in lieu thereof "ALLOTMENT".

42 USC 3012.

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text:
Page:United States Statutes at Large Volume 89.djvu/786

 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. TITLE II—AMENDMENTS TO OTHER LAWS H I G H E R EDUCATION ACT OF 1965

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 following: ", and for the period beginning July 1, 1976, and ending September 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 1973

42 USC 2701 note.

SEC. 203. Section 805 of the Older Americans Comprehensive Services 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 inserting in lieu thereof "Community Services Act of 1974".

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Page:United States Statutes at Large Volume 89.djvu/787

 PUBLIC LAW 94-135—NOV. 28, 1975

89 STAT. 727

VOCATIONAL EDUCATION ACT OF 1963

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 consideration shall be given to special consumer and homemaking 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 following: "$6,000,000 for the period beginning July 1, 1976, and ending 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 III and title VII 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 II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.), and

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text: Folk-Lore/Volume 7/The Hood-Game at Haxey, Lincolnshire


text:
Page:United States Statutes at Large Volume 89.djvu/788

 89 STAT. 728

42 USC 5001.

42 USC 3021, 3045.

Definitions.

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 II 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 II of the Domestic 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 III and title VII of the Older Americans Act of 1965 in any such State or other jurisdiction. (3) For purposes of this subsection— (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 Discrimination Act of 1975.

TITLE III — P R O H I B I T I O N OF DISCRIMINATION BASED ON AGE SHORT TITLE

42 USC 6101 note.

SEC. 301. The provisions of this title may be cited as the "Age Discrimination Act of 1975". STATEMENT OF PURPOSE

42 USC 6101.

SEC. 302. It is the purpose of this title to prohibit unreasonable discrimination 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 USC 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 participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

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Page:United States Statutes at Large Volume 89.djvu/789

 PUBLIC LAW 94-135—NOV. 28, 1975

89 STAT. 729

REGULATIONS

SEC. 304. (a)(1) Xot later than one year after the transmission of 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 provisions of section 303. (2)(A) The 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 Commission is required to transmit under section 3 0 7 (d), and with respect to the comments and recommendations submitted by Federal departments and agencies under section 307(e). (B) The forty-five day period specified in subparagraph (A) (ii) shall include only days during which both Houses of the Congress are in session. (3) Not later than ninety days after the Secretary publishes proposed regulations under paragraph (1), the Secretary shall publish in the Federal Register final general regulations to carry out the provisions of section 303, after taking into consideration any comments received by the Scerctary with respect to the regulations proposed under paragraph (1). (4) Not later than ninety days after the Secretary publishes final general regulations under paragraph (a)(3), the head of each Federal department or agency which extends Federal financial assistance 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 proposed regulations to carry out the provisions of section 303 and to provide appropriate investigative, conciliation, and enforcement procedures. Such regulations shall be consistent with the final general regulations issued by the Secretary. (5) Notwithstanding any other provision of this section, no regulations issued pursuant to this section shall be effective before January 1, 1979. (b)(1) I t shall not be a violation of any provision of this title, or of any regulation issued under this title, for any person to take any action otherwise prohibited by the provisions of section 303 if, in the program or activity involved— (A) such action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutorv obiective of srch nrogram or activity: or (1^) the differentiation made by such action is based upon reasonable 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 persons; 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 any 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

42 USC 6103.

Publication in Federal Register.

Publication in Federal Register.

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Page:United States Statutes at Large Volume 89.djvu/790

 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, employment agency, or labor organization, or with respect to any labor-management 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 USC 6104.

Report to congressional committees.

SEC. 305. (a) The head of any Federal department or agency who prescribes regulations under section 304 may seek to achieve compliance with any such regulation— (1) by terminating, or refusing to grant or to continue, assistance 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, assistance 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 appropriate person of the failure to comply with the regulation involved and has determined that compliance cannot be secured by voluntary means. (d) In the case of any action taken under subsection (a), the head of the Federal department or agency involved shall transmit a written report of the circumstances and grounds of such action to the committees of the House of Representatives and the Senate having legislative 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 VI E W

42 USC 6105.

SEC. 306. (a) Any action by any Federal department or agency under section 305 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by any such department 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 USC 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.

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text: Popular Science Monthly/Volume 31/September 1887/Ethnological Sketches in Annam and Tonquin


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Page:United States Statutes at Large Volume 89.djvu/791

 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 USC 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 distinguishing, 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 Representatives. (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 authorization. necessary to carry out the provisions of this section. DEFINITIONS

SEC. 308. For purposes of this title— 42 USC 6107, (1) the term "Commission" means the Commission on Civil Eights; (2) the term "Secretary" means the Secretary of Health, Education, and Welfare; and

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 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.

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 PUBLIC LAW 94-136—NOV. 28, 1975

89 STAT. 733

Public Law 94-136 94th Congress An Act To establish a National Center for Productivity and Quality of Working Life; to provide for a review of the activities of all Federal agencies including implementation of all Federal laws, regulations, and policies which impede the productive performance and efficiency of the American economy; to encourage joint labor, industry, and Government efforts to improve national productivity and the character of working conditions; to establish a Federal policy with respect to continued productivity growth and improved utilization of human resources in the United States; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Productivity and Quality of Working Life Act of 1975". TITLE I—FINDINGS, PURPOSE, AND POLICY; DEFINITIONS SEC. 101. The Congress finds that— (1) the rate of productivity growth in the United States has declined during four of the past six years; (2) the decline in the rate of productivity growth has contributed to inflation, to economic stagnation, and to increasing unemployment; (3) since 1965, the rate of productivity growth of the United States has been consistently lower than that of many industrial nations in the world, adversely affecting the competitive position of the United States in world markets; (I) growth in productivity of the economy of the United States is essential to the social and economic welfare of the American people, and to the health of the world economy; (5) growth in the productivity of the Nation's economy is essential to maintain and increase employment, to stabilize the cost of living and to provide job security; (6) mounting worldwide material shortages and their consequent inflationary results make increased efficiency in the utilization of these resources of urgent importance; (7) sharing the fruits of productivity gains among labor, management, and owners may considerably influence productivity; (8) the continued development of joint labor-management efforts to provide a healthy environment for collective bargaining can make a significant contribution to improve productivity and foster industrial peace; (9) factors affecting the growth of productivity in the economy include not only the status of technology and the techniques of management but also the role of the worker in the production process and the conditions of his working life; (10) there is a national need to identify and encourage appropriate application of capital in sectors of American economic activity in order to improve productivity; (II) there is a national need to identify and encourage appropriate application of technology in all sectors of American economic activity in order to improve productivity;

Nov. 28, 1975 [S. 2195]

National Productivity and Quality of Working Life Act of 1975. 15 USC 2401 note. 15 USC 2401.

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 89 STAT. 734

PUBLIC LAW 94-136—NOV. 28, 1975 (12) there is a national need to identify and encourage the development of social, economic, scientific, business, labor, and governmental contributions to improve productivity growth, and increased economic effectiveness in the public and private sectors of the United States; which objectives can best be accomplished through maximizing private sector and State and local development of such contributions; (13) there is a national need to identify, study, and revise or eliminate the laws, regulations, policies, and procedures which adversely affect productivity growth and the efficient functioning of the economy; (14) there is a national need to increase employment security through such activities as manpower planning, skill-training and retraining of workers, internal work force adjustments to avoid worker displacement, assistance to workers facing or experiencing displacement, and all other public and private programs which seek to minimize the human costs of productivity improvement, thereby diminishing resistance to workplace change and improving productivity growth; (15) there is a national need to develop new technologies for the more effective production of goods and services; (16) there is a national need to encourage and support efforts by qualified institutions of higher learning to identify and inaugurate programs which will improve productivity; (17) there is a national need to develop precise, standardized measurements of productivity; and (18) there is a national need to gather and disseminate information about methods and techniques to improve productivity. STATEMENT OF PURPOSE

15 USC 2402.

SEC. 102. It is the purpose of this Act— (1) to establish a national policy which will encourage productivity growth consistent with needs of the economy, the natural environment, and the needs, rights, and best interests of management, the work force, and consumers; and (2) to establish as an independent establishment of the executive branch a National Center for Productivity and Quality of "Working Life to focus, coordinate, and promote efforts to improve the rate of productivity growth. POLICY

14 USC 2403.

SEC. 103. (a) The Congress, recognizing the profound impact of productivity on the interrelations of all components of the national economy, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, to use all practicable means and measures, including financial and technical assistance, to stimulate a high rate of productivity growth. (b) It is the continuing responsibility of the Federal Government to use all practicable means to improve and coordinate Federal plans, functions, programs, and resources to carry out the policy set forth in this Act. (c) The laws, rules, regulations, and policies of the United States shall be so interpreted as to give full force and effect to this policy.

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 PUBLIC LAW 94-136—NOV. 28, 1975

89 STAT. 735

DEFINITIONS

SEC. 104. For the purposes of this Act— (1) the term "Center" means the National Center for Productivity and Quality of Working Life; (2) the term "Board" means the Board of Directors of the Center; (3) the terms "productivity growth" and "improved productivity" shall be interpreted to include, but not be limited to, improvements in technology, management techniques, and the quality of working life; and (4) the term "quality of working life" shall be interpreted to mean the conditions of work relating to the role of the worker in the production process.

15 USC 2404.

TITLE II—NATIONAL CENTER FOR PRODUCTIVITY AND QUALITY OF WORKING L I F E ESTABLISHED SEC. 201. There is hereby established as an independent establishment of the executive branch of the Government the National Center for Productivity and Quality of Working Life.

15 USC 2411.

BOARD o r DIRECTOKS

SEC. 202, (a) The Center shall have a Board of Directors, to be com- Membership, prised of not more than twenty-seven members, as follows: 15 USC 2412. (1) a Chairman, appointed by the President, by and with the advdce and consent of the Senate; (2) the Secretary of the Treasury; (3) the Secretary of Commerce; (4) the Secretary of Labor; (5) the Director of the Federal Mediation and Conciliation Service; (6) the Executive Director of the Center; (7) not less than five members who shall be appointed by the President, by and with the advice and consent of the Senate, from among qualified private individuals in manufacturing and service industries; (8) not less than five members who shall be appointed by the President, by and with the advice and consent of the Senate, from among qualified private individuals from labor organizations; (9) not less than two members who shall be appointed by the President, by and with the advice and consent of the Senate, from among qualified individuals in State or local governments; (10) not less than one member who shall be appointed by the President, by and with the advice and consent of the Senate, from among the general public; (11) not less than one member who shall be appointed by the President, by and with the advice and consent of the Senate, from among qualified individuals associated with leading institutions of higher education; and (12) such other qualified members from the public or private sectors whom the President may deem appropriate who shall be appointed by the President, by and with the advice and consent of the Senate. ^ When unable to attend a meeting of the Board, a member appointed under clauses (2), (3), (4), and (5) shall appoint an appropriate

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 89 STAT. 736

Term.

Chairman.

Vacancies.

Compensation, travel expenses.

5 USC 5332 note.

Executive Committee.

PUBLIC LAW 94-136—NOV. 28, 1975 alternate from such member's Department or agency to represent such member at that meeting. (b)(1) The members of the Board appointed under clauses (7), (8), (9), (10), (11), and any private sector members appointed pursuant to clause (12) of subsection (a) shall be appointed for a fouryear term coterminous with the term of the President. Members other than members appointed under such clauses, with the exception of the Chairman, shall serve as long as such member is head of the department or agency represented on the Board. No person shall serve as an acting or temporary member in positions requiring Senate confirmation including that of Chairman, for a period in excess of three months. (2) The President shall appoint a Chairman for a term of four years coterminous with the term of the President. In appointing a Chairman, the President may appoint an individual who is an officer of the United States. If that officer has been appointed to his current position, by and with the advice and consent of the Senate, or if such individual is the Vice President of the United States, such individual may be appointed chairman by the President without the requirement of confirmation by the Senate. (c) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term. (d)(1) Each member of the Board appointed under clauses (7), (8), (9), (10), (11), and any private sector members appointed pursuant to clause (12) of subsection (a) may be compensated at the daily rate provided for GS-18 of the General Schedule under section 5332 of title 5, United States Code, including traveltime, for each day such member is engaged in the performance of his duties as a member of the Board and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in carrying out the functions of the Board. (2) Other members of the Board, with the exception of the Chairman, and the Executive Director of the Center shall serve without additional compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board. (3) The Chairman shall be compensated as set forth in paragraph (1) of this subsection, except if the Chairman holds some other position in the Federal Government such individual shall be compensated as set forth in paragraph (2) of this subsection. (e)(1) The Chairman shall appoint an Executive Committee of the Board, not to exceed seven members, including the Executive Director of the Center. (2) The Executive Committee of the Board shall meet at the call of the Chairman, but in no case less frequently than once every ninety days. EXECUTIVE DIRECTOR; DEPUTY DIRECTOR

15 USC 2413.

SEC. 203. (a) The Center shall have an Executive Director, who shall be appointed by the President by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of fitness to perform the duties and functions of the office. No person shall serve as acting or temporary Executive Director for a period in excess of three months. (b) The Executive Director shall appoint a Deputy Director, who shall perform such functions as the Executive Director may prescribe.

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 PUBLIC LAW 94-136—NOV. 28, 1975

89 STAT. 737

The Deputy Director shall act for and exercise the powers of the Executive Director during the absence or disability of the Executive Director. (c) The Executive Director shall be responsible for the exercise of all powers and the discharge of all duties of the Center. The Executive Director shall have authority over and control of all of the staff of the Center and their activities. The Executive Director shall maintain budgets and allocate available funds as appropriate in carrying out the provisions of this Act. (d) The Executive Director shall be compensated at a rate not to exceed that provided for Executive level IV under section 5315 of title 5 of the United States Code as determined by the President, and shall have no other employment, public or private, during the tenure of his appointment. FUNCTIONS o r THE CENTER

SEC. 204. The Center shall— 15 USC 2414. (1) develop and establish, in consultation with the appropriate committees of the Congress and with the appropriate departments and agencies of the executive branch, a national policy for productivity growth in the public and private sectors of the United States consistent with the purposes of this Act; (2) seek, stimulate, and encourage maximum active participation of— (A) the private sector of the Nation's economy, including labor organizations, associations and confederations, business enterprises and associations, institutions of higher education, foundations and other philanthropic organizations and research centers and institutes; and (B) the public sector of the Nation's economy, including Federal, State, and local governments and agencies thereof, including institutions of higher education, in efforts to improve the rate of productivity growth in all sectors of the Nation's economy; (3) seek, stimulate, and encourage maximum active participation of the public agencies and private organizations identified in clause (2) of this section through identification and encouragement of selected research and demonstration programs implemented by public agencies and qualified private organizations which will— (A) increase the rate of productivity growth in the public and private sectors of the national economy through improved and innovative utilization of technological and human resources; and (B) develop, refine, and apply accurate and reliable measurement techniques to evaluate changes in productivity; (4) to identify, study, and review— (A) existing Federal, State, and local statutes, regulations, and fiscal policies which adversely affect productivity growth or the economic performance of the public and private sectors of the United States; (B) incentives to encourage industry and labor initiatives in the development of methods, techniques, and systems for the improved utilization of technological and human resources in the public and private sectors;

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 89 STAT. 738

Recommendations to President, Congress, and Federal, State and local governments.

PUBLIC LAW 94-136—NOV. 28, 1975 (C) existing and new programs, plans, and other methods, including advanced warning systems, retraining programs, retirement and separation programs, designed to counteract threats to job security which may result from efforts to improve productivity; (D) jointly, with the Civil Service Commission, the impact of Federal personnel policies, statutes, and regulations affecting the productivity of Federal agencies and the quality of working life of Federal employees; and (E) the need and feasibility of providing, directly to potential users, public or private, various Center services in return for payment to the Center, and methods by which charges for such services will be established; (5) recommend to the President, the Congress, the a p p r o p r i a t e agencies and departments of the Federal Government, and State and local governments, any legislation, revisions of regulations, policies, practices, and procedures which result from the activities carried out under clause (4) of this section; (6) encourage, support, and initiate efforts in the public or private sector specifically designed to improve cooperation between labor and management in the achievement of continued productivity g r o w t h: Provided, however, That no activities of the Center involving consideration of issues included in a specific labor-management agreement shall be undertaken without the consent and cooperation of the parties to that agreement; (7) encourage departments and agencies of the Federal Government to initiate, stimulate, and support efforts in both the public and private sectors of the United States to improve the rate of productivity g r o w t h; (8) coordinate all activities referred to in subsection (7) of this section in order to eliminate interagency duplication of effort and cost, to insure that Center activities will not unnecessarily conflict or overlap with such other activities, and to maximize the effectiveness of all such Federal programs and activities; (9) coordinate and consult with the departments and agencies of the Federal Government in the obligation and expenditure of funds for activities and projects in both the public and private sectors to improve productivity g r o w t h; (10) identify, develop, and support activities, programs, systems, and techniques, in the various departments and agencies of the Federal Government for measuring productivity g r o w t h within such departments and agencies; (11) collect and disseminate relevant information obtained by the Center or other public agencies, institutions of higher education, or private organizations engaged in projects under this Act, including information related to new or improved methods, systems, technological developments, equipment, and devices to improve and stimulate productivity growth, and to develop and implement a public information program designed to inform the public of the meaning and importance of productivity, and productivity g r o w t h; (12) encourage and coordinate the efforts of State and local governments, and institutions of higher education, to improve productivity; (13) maintain liaison with organizations, both domestic and foreign, involved in efforts to improve productivity; (14) determine the Nation's needs for productivity-related management and analytical skills and to encourage and facilitate the development of t r a i n i n g program s in such skills; and

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89 STAT. 739

(15) study the effects of materials availability upon productivity growth. POWERS

SEC. 205. In carrying out its functions, the Center is authorized— 15 USC 2415. (1) to enter into contracts or other funding arrangements, or modifications thereof, in order to carry out the provisions of this Act; (2) to organize and conduct, directly by contract or other funding arrangements with other public agencies or private organizations, conferences, meetings, seminars, workshops, or other forums for the presentation and dissemination of relevant information generated or collected pursuant to the provisions of this Act; (3) to make such studies and recommendations to the President Studies and and to Congress as may be necessary to carry out the functions of recommendations to President and the Center; (4) to implement a program and secure necessary facilities for Congress. the collection, collation, analysis, and interpretation of data and information as required in order to carry out the public information functions under this Act; and (5) to undertake such other studies, reviews, activities, and to make such recommendations and reports as may be required to carry out the functions of the Center. CONTRACTS AND OTHER F U N D I N G ARRANGEMENTS

CONDITIONS

SEC. 206. (a) No contracts or other funding arrangements may be 15 USC 2416. entered into under this Act unless— (1) such contracts or other funding arrangements will be consistent with the policies and purposes of this Act and of potential benefit to other users in the public or private sectors; (2) provisions are made to evaluate the demonstration program and maintain improvement data, such evaluation either to be implemented by the participating parties in accordance with specifications established by the Center, or to be implemented by or on behalf of the Center; and (3) the participating parties agree that all information relating to any innovation or achievement generated in the course of any Center-funded demonstration program shall be public information. (b) No contract or other funding arrangement shall be made or entered into pursuant to the provisions of this Act for a period of more than three years. (c) Any non-Federal share of a project may be in cash or in kind, fairly evaluated, including, but not limited to, plant, equipment, or services. CONTRACT AND OTHER ETJNDING ARRANGEMENTS

CRITERIA

SEC. 207. (a) The Center shall prescribe by regulation, after con- 15 USC 2417. sultation with appropriate agencies and officials of Federal, State, and local governments, basic criteria for the participating parties under this Act. (b) If the Center determines, on the basis of information available to it during any fiscal year, that a portion of the funds provided to a participating party for that fiscal year will not be required by the party or will become available by virtue of the application of regulations established by the Center to govern noncompliance by a participating party, that portion shall be available for reallocation under this section.

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 89 STAT. 740

PUBLIC LAW 94-136—NOV. 28, 1975 (c) The Center shall by regulation prescribe the basic criteria for determination of noncompliance by participating parties including appropriate provisions for notice and hearing with respect to such determination. A N N U A L KEPOKT

Report to President and Congress. 15 USC 2418.

Referral.

SEC. 208. (a) Not later than December 31 of each year, the Center shall report to the President and to the Congress on activities pursuant ^Q the provision of this title during the preceding fiscal year; such reports shall include a detailed statement of all public and private funds received and expended together with such recommendations as the Center deems appropriate. Such report shall include an analysis of the extent to which each agency of the Federal Government which has significant responsibilities for assisting in the improvement of productivity is carrying out such responsibilities consistent with the provisions of this Act, including (A) an accounting of all funds expended or obligated by such agencies for activities and projects to improve productivity growth, (B) an assessment of the extent to which such expenditures or obligations have furthered the policies of the Center, and (C) the Center's recommendations on how these expenditures and obligations can be better coordinated to accomplish the purposes of this Act. (b) Each report required to be submitted to the Congress by this Act shall be referred to the standing committee or committees having jurisdiction over any part of the subject matter of the report. TITLE III — FEDERAL AGENCY COORDINATION AND LIAISON W I T H CENTER

15 USC 2431.

SEC. 301. (a) Each department, agency, and independent establishment of the Federal Government shall designate a qualified individual to serve as liaison with the Center and to assist the Center in carrying out its functions pursuant to this Act. (b) Each department, agency, and independent establishment of the Federal Government shall keep the Center currently informed of its programs, policies, and initiatives to improve productivity which relate to the responsibilities of the Center, and shall consult with the Center prior to the obligation or expenditure of funds for activities or projects to improve productivity growth. (c) Each Federal department, agency, and independent establishment of the Federal Government is authorized and directed to furnish or allow access to all relevant materials and information required by the Center to carry out its functions under this Act. INTERNAL REVIEW

15 USC 2432.

SEC. 302. Each department, agency, and independent establishment of the Federal Government, in coordination with the Center, shall study and review the promulgation and implementation of its statutory authority, policies, and regulations, and shall identify such statutes, policies, and regulations which adversely affect productivity growth in the public or private sectors of the United States, or those which impede the efficient functioning of the Nation's economy, and shall recommend to the President and the Congress, or implement where appropriate, alternative statutes, policies, and regulations which will contribute to the achievement of the purposes of this Act.

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 PUBLIC LAW 94-136—NOV. 28, 1975

89 STAT. 741

SUPPORT OF EXTERNAL ACTIVITIES

SEC. 303. Each department, agency, and independent establishment of the Federal Government, in coordination with the Center, shall, to the extent appropriate, make available to State and local governments, labor organizations, industry, public institutions, and other qualified organizations advice, information, and support, including financial and other assistance, designed to maintain, promote, and enhance sustained productivity growth in the public and private sectors of the United States.

15 USC 2433.

INTERNAL PRODUCTIVITT

SEC. 304. Each department, agency, and independent establishment of the Federal Government shall identify, develop, initiate, and support appropriate programs, systems, procedures, policies, and techniques to improve the productivity of such departments and agencies, including the implementation, where desirable, of specific programs recommianded, supported, or implemented by the Center.

15 USC 2434.

EFFECT ON PRIOR PROVISIONS

SEC. 305. Nothing in this title affects any specific statutory obliga- 15 USC 2435. tion of any Federal agency (1) to coordinate or consult with any other Federal or State agency or (2) to act, or to refrain from acting, contingent upon the recommendations or certification of any other Federal or State agency. TITLE IV—ADMINISTRATIVE PROVISIONS SEC. 401. The Executive Director is authorized to— 15 USC 2451. (1) prescribe such regulations as are deemed necessary to carry out the purposes of this Act; (2) receive money and other property donated, bequeathed, or devised, or remitted in payment for services rendered, without condition or restriction other than that it be for the purposes of the Center; (3) receive (and use, sell, or otherwise dispose of, in accordance with clause (2)) money or other property donated, bequeathed, or devised to the Center, except for such money and other property which includes a condition that the Center use other funds of the Center for the purpose of the gift, in which case two-thirds of the members of the Board of the Center must approve such donations; (4) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of the Act in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating 5 USC 5101 et to classification and General Schedule pay rates; (5) obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, at rates for individuals not to exceed the maximum daily rate prescribed for GS-18 under section 5332 of title 5, United States Code; (6) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem as authorized by section 5703 of title 5, United States Code;
 * «?•' 5331.

R>7-10^ r>. 77 - SI

5 USC 5332 note.

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