
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4368a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 55--NATIONAL ENVIRONMENTAL POLICY
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 4368a. Utilization of talents of older Americans in 
        projects of pollution prevention, abatement, and control
        

(a) Technical assistance to environmental agencies

    Notwithstanding any other provision of law relating to Federal 
grants and cooperative agreements, the Administrator of the 
Environmental Protection Agency is authorized to make grants to, or 
enter into cooperative agreements with, private nonprofit organizations 
designated by the Secretary of Labor under title V of the Older 
Americans Act of 1965 [42 U.S.C. 3056 et seq.] to utilize the talents of 
older Americans in programs authorized by other provisions of law 
administered by the Administrator (and consistent with such provisions 
of law) in providing technical assistance to Federal, State, and local 
environmental agencies for projects of pollution prevention, abatement, 
and control. Funding for such grants or agreements may be made available 
from such programs or through title V of the Older Americans Act of 1965 
and title IV of the Job Training Partnership Act [29 U.S.C. 1671 et 
seq.] or subtitle D of title I of the Workforce Investment Act of 1998 
[29 U.S.C. 2911 et seq.].

(b) Pre-award certifications

    Prior to awarding any grant or agreement under subsection (a) of 
this section, the applicable Federal, State, or local environmental 
agency shall certify to the Administrator that such grants or agreements 
will not--
        (1) result in the displacement of individuals currently employed 
    by the environmental agency concerned (including partial 
    displacement through reduction of nonovertime hours, wages, or 
    employment benefits);
        (2) result in the employment of any individual when any other 
    person is in a layoff status from the same or substantially 
    equivalent job within the jurisdiction of the environmental agency 
    concerned; or
        (3) affect existing contracts for services.

(c) Prior appropriation Acts

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

(Pub. L. 98-313, Sec. 2, June 12, 1984, 98 Stat. 235; Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Sec. 405(d)(35), (f)(27)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-426, 2681-434.)

                       Amendment of Subsection (a)

        Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
    Sec. 405(f)(27), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-434, 2681-435, provided that, effective July 1, 2000, the 
    second sentence of subsection (a) of this section is amended by 
    striking ``title IV of the Job Training Partnership Act or''.

                       References in Text

    The Older Americans Act of 1965, referred to in subsec. (a), is Pub. 
L. 89-73, July 14, 1965, 79 Stat. 218, as amended. Title V of the Older 
Americans Act of 1965, known as the ``Older Americans Community Services 
Employment Act'', is classified generally to subchapter IX (Sec. 3056 et 
seq.) of chapter 35 of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 3001 of this 
title and Tables.
    The Job Training Partnership Act, referred to in subsec. (a), is 
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended. Title IV of 
the Job Training Partnership Act is classified generally to subchapter 
IV (Sec. 1671 et seq.) of chapter 19 of Title 29, Labor. For complete 
classification of the Act to the Code, see Short Title note set out 
under section 1501 of Title 29 and Tables.
    The Workforce Investment Act of 1998, referred to in subsec. (a), is 
Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Subtitle D of 
title I of the Act is classified generally to subchapter IV (Sec. 2911 
et seq.) of chapter 30 of Title 29, Labor. For complete classification 
of this Act to the Code, see Short Title note set out under section 9201 
of Title 20, Education, and Tables.

                          Codification

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


                               Amendments

    1998--Subsec. (a). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(35)], substituted ``and title IV of the Job Training 
Partnership Act or subtitle D of title I of the Workforce Investment Act 
of 1998'' for ``and title IV of the Job Training Partnership Act'' in 
second sentence.


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(35)] of Pub. L. 
105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title 
VIII, Sec. 405(f)(27)] of Pub. L. 105-277 effective July 1, 2000, see 
section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, 
set out as a note under section 3502 of Title 5, Government Organization 
and Employees.


                               Short Title

    Section 1 of Pub. L. 98-313 provided that: ``This Act [enacting this 
section] may be cited as the `Environmental Programs Assistance Act of 
1984'.''
