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.
PL 94-135 (H.R.3922), enacted 11/28/1975

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 appropria-
tions 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 hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may Older Americans 
be cited as the "Older Americans Amendments of 1975". 
Amendments of 
1975. 
TITLE I—AMENDMENTS TO OLDER AMERICANS ACT 
f^^^^ ^^^'^ 
OF 1965 
TRANSMISSION OF CERTAIN RECOMMENDATIONS RELATING TO FEDERAL 
COUNCIL OF AGING 
SEC. 101. (a) Section 205(g) of the Older Americans Act of 1965 
(42 U.S.C. 3015 (g)) (hereinafter in this title referred to as the "Act") 
is amended by striking out "eighteen months after enactment of this 
Act" and inserting in lieu thereof "January 1,1976,". 
(b) Section 205(h) of the Act (42 U.S.C. 3015(h)) is amended by 
striking out "eighteen months after enactment of this Act," and 
inserting in lieu thereof "January 1,1976,". 
APPLICATION OF OTHER LAWS 
SEC. 102. Title 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 U
S
C 4251 
administration of the provisions of this Act or to the administration note, 
of any program or activity under this Act.". 
DEFINITION OF SOCIAL SERVICES 
SEC. 103. Section 302(1) of the Act (42 U.S.C. 3022(1)) is 
amended— 
(1) in subparagraph (E) thereof, by striking out "or" at the 
end thereof; and 
(2) by redesignating subparagraph (F) as subparagraph (H) 
and by inserting immediately after subparagraph (E) the follow-
ing new subparagraphs: 
"(F) services designed to provide legal and other counseling 
services and assistance, including tax counseling and assistance 
and financial counseling, to older persons; 
"(G) services designed to enable older persons to attain and 
maintain physical and mental well being through programs of 
regular physical activity and exercise; or". 
89 STAT. 714 
PUBLIC LAW 94-135—NOV. 28, 1975 
42 use 3025. 
42 use 3023. 
Definitions. 
43 use 1602. 
GRANTS TO INDIAN TRIBES 
SEC. 104. (a) Section 303(b) of the Act (42 U.S.C. 3023(b)) is 
amended by redesignating paragraph (3) as paragraph (4) and by 
inserting immediately after paragraph (2) the following new 
paragraph: 
"(3) (A) In any State in which the Commissioner determines (after 
having taken into account the amount of funds available to the State 
agency or to an appropriate area agency on aging to carry out the pur-
poses of this title) that the members of an Indian tribe are not receiv-
ing benefits under this title that are equivalent to benefits provided to 
other older persons in the State or appropriate area, and if he further 
determines that the members of such tribe would be better served by 
means of grants made directly to provide such benefits, he shall reserve 
from sums that would otherwise be allotted to such State under para-
graph (2) not less than 100 per centum nor more than 150 per centum 
of an amount which bears the same ratio to the State's allotment for 
the fiscal year involved as the population of all Indians aged sixty or 
over for whom a determination under this paragraph has been made 
bears to the population of all persons aged sixty or over in such State. 
"(B) The sums reserved by the Commissioner on the basis of his 
determination under this paragraph shall be granted to the tribal 
organization serving the individuals for whom such a determination 
has been made, or where there i? no tribal organization, to such other 
entity as he determines has the capacity to provide services pursuant 
to this title. 
"(C) In order for a tribal organization or other entity to be eligible 
for a grant for a fiscal year under this paragraph, it shall submit to 
the Commissioner a plan for such fiscal year which meets such criteria 
as the Commissioner may prescribe by regulation and which meets, 
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 w^ho is a member of an 
Indian tribe. 
" (5) The term 'Indian tribe' means any tribe, band, nation, or other 
organized group or community of Indians (including any Alaska 
Native village or regional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settlement Act (Public 
Law 92-203; 85 Stat. 688)) which (A) is recognized as eligible for 
the special programs and services provided by the United States to 
Indians because of their status as Indians; or (B) is located on, or in 
proximity to, a Federal or State reservation or rancheria. 
"(6) The term 'tribal organization' means the recognized governing 
body of any Indian tribe, or any legally established organization of 
"Indians which is controlled, sanctioned, or chartered by such governing 
body. In any case in which a contract is let or grant made to an orga-
nization to perform services benefiting more than one Indian tribe, 
the approval of each such Indian tribe shall be a prerequisite to the 
letting or making of such contract or grant.". 
(c) The first sentence of section 303(b) (2) of the Act (42 U.S.C. 
3023(b) (2)) is amended by striking out "From" and inserting in lieu 
thereof "Subject to the provisions of paragraph (3), from". 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 715 
(d) Section 303(b)(4) of the Act (42 U.S.C. 3023(b) (4)), as so 
redesignated by subsection (a), is amended by inserting immediately 
after "States" a comma and the following: "and the number of 
Indians aged sixty or over on, or in proximity to, any Federal or State 
reservation or rancheria". 
AREA PLAN REQUIREMENTS 
SEC. 105. (a) Section 304(c) (4) of the Act (42 U.S.C. 3024(c) (4)) 
is amended by striking out subparagraph (C) and by redesignating 
subparagraph (D) through subparagraph (F) as subparagraph (C) 
through subparagraph (E), respectively. 
(b) Section 304 of the Act (42 U.S.C. 3024) is amended by inserting 
after subsection (c) the following new subsection: 
"(d)(1) Subject to regulations prescribed by the Secretary of 
Health, Education, and Welfare, an area agency on aging designated 
under subsection (a) or, in areas of a State where no such agency has 
been designated, the State agency, is authorized to enter into agree-
ments with agencies administering programs under the Rehabilita-
tion Act of 1973, and titles VI, XIX, and XX of the Social Security 
Act for the purpose of developing and implementing plans for meet-
ing the common need for transporta,tion 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 sei-vices 
under the Rehabilitation Act of 1973, and titles VI, XIX, and XX of 
the Social Security Act.". 
29 use 701 note. 
42 use 801, 
1396, 1397. 
42 use 3021, 
3045. 
Transportation 
services, funds. 
NATIONAL PRIORITY SERVICES 
SEC. 106. (a) Section 305(a) of the Act (42 U.S.C. 3025(a)) is 
amended by striking out "and" immediately after the semicolon in 
paragraph (8), by striking out the period at the end of paragraph 
(9) and inserting in lieu thereof a semicolon and "and", and by insert-
ing the following new paragraph immediately after paragraph (9) : 
"(10) provides assurances in such form as the Commissioner 
shall prescribe that of the funds alloted to the State under section 
303(b) in any fiscal year to carry out the State plan, not less than 
50 per centum of the amount by which such allotment exceeds the 
allotment made for the same purpose in the fiscal year ending 
June 30, 1975, shall be used for the purposes set forth in section 
305 (b), except with respect to any State which provides assurances 
found satisfactory by the Commissioner that at least 331/^ per 
centum of the total amount allotted to the State under section 
303(b) to carry out the State plan in any fiscal year shall be used 
for the purposes set forth in section 305(b), but in no case shall 
less than 20 per centum of the funds allotted to any State under 
section 303 (h) to carry out the State plan in any fiscal year begin-
ning after September 30, 1976, be used for the purposes set forth 
in section 305(b).". 
(b) Section 305(a) of the Act (42 U.S.C. 3025(a)) is amended by 
redesignating subsections (b), (c), (d), and (e) as subsections (c), 
(d). (e), and (f), respectively, and by inserting the following new sub-
section immediately after subsection (a) : 
89 STAT. 716 
PUBLIC LAW 94-135—NOV. 28, 1975 
42 use 3025. 
" (b) Every State plan shall provide for the establishment or main-
tenance of programs (including related training) for the provision of 
some or all of the following services designed to assist older persons in 
leading independent lives and avoiding unnecessary institutional-
ization : 
"(1) Transportation services. 
" (2) Home services, including homemaker services, home health 
services, shopping services, escort services, reader services, letter 
writing services, and other services designed to assist such persons 
to continue living independently in a home environment. 
"(3) Legal and other counseling services and assistance pro-
grams, including tax counseling and assistance and financial 
counseling, for older persons. 
"(4) Residential repair and renovation programs designed to 
enable older persons to maintain their homes in conformity with 
minimum housing standards or to adapt homes to meet the needs 
of elderly persons suffering from physical disabilities.", 
(c) Section 304 (c)(2) of the Act (42 U.S.C. 3024(c) (2)) is amended 
by inserting immediately after "priorities," the following: "and con-
sistent with the provisions of the State plan relating to the services 
required to be provided under section 305 (a) (10),". 
Application for 
additional funds. 
42 use 3045. 
ADMINISTRATION OF STATE PLANS 
SEC. 107. (a) Section 306(b) (1) of the Act (42 U.S.C. 3026(b) (1)) 
is amended by striking out "$160,000" in clause (A) and inserting in 
lieu thereof "$200,000", and by striking out "$50,000" in clause (B) 
and inserting in lieu thereof "$62,500". 
(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 administra-
tion of its State plan in accordance with subsection (a); and 
"(iii) the State agency and area agencies of such State desig-
nated under section 305 are carrying out, on a full-time basis, 
programs and activities which are in furtherance of the purposes 
of this Act. 
"(C) The Commissioner may approve that portion of the amount 
requested by a State in its application under subparagraph (A) which 
he determines has been justified in such application. 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 717 
"(D) Amounts which any State may receive in any fiscal year under 
this paragraph may not exceed three-fourths of 1 per centum of the 
sum of the amounts allotted to such State to carry out the State plan 
under section 303(b) and section 703(a) for such fiscal year. 
"(E) No application by a State under subparagraph (A) shall be 
approved unless it contains assurances that no amounts received by 
such State under this paragraph will be used to hire any person to fill 
a job opening created by the action of such State in laying off or ter-
minating the employment of any regular employee not supported 
under this Act in anticipation of filling the vacancy so created by 
hiring an employee to be supported through use of amounts received 
under this paragraph. 
"(3) Each State shall be entitled to an allotment under this section 
for any fiscal year in an amount which is not less than the amount 
of the allotment to which such State was entitled under paragraph (1) 
for the fiscal year ending June 30,1975.". 
42 use 3023, 
3045b. 
MODEL PROJECT REQUIREMENTS 
SEC. 108. Section 308(a) of the Act (42 U.S.C. 3028(a)) is amended 
by striking out "or" at the end of paragraph (3), by striking out the 
period at the end of paragraph (4) and inserting in lieu thereof a semi-
colon and "or", and by inserting immediately after paragraph (4) the 
following new paragraphs: 
" (5) enable State agencies on aging and other public and private 
nonprofit organizations to assist in the promotion and develop-
ment of ombudsman services for residents of nursing homes; 
" (6) meet the special needs of, and improve the delivery of serv-
ices to, older persons who are not receiving adequate services 
under other provisions of this Act, with emphasis on the needs 
of low-income, minority, Indian, and limited-English speaking 
individuals, and the rural elderly; or 
"(7) assist older persons to remain within their communities 
and out of institutions and to maintain their independent living 
by (A) providing financial assistance for the establishment and 
operation of senior ambulatory care day centers (providing a 
planned schedule of health, therapeutic, educational, nutritional, 
recreational, and social services at least twenty-four hours per 
week, transportation arrangements at low or no cost for partici-
pants to and from the center, a hot mid-day meal, outreach and 
public information programs, and opportunities for maximum 
participation of senior participants and senior volunteers in the 
planning and operation of such center), and (B) maintaining or 
initiating arrangements (or providing reasonable assurances that 
such arrangements will be maintained or initiated) with the 
agency of the State concerned which administers or supervises the 
administration of a State plan approved under title XIX of the 
Social Security Act, and with other appropriate social services 42 USC 1396. 
agencies receiving, or reimbursed through, Federal financial assist-
ance, for the payment of all or a part of such center's costs in 
providing services to eligible persons.". 
ATTRACTING QUALIFIED PERSONS TO 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. 
89 STAT. 718 
PUBLIC LAW 94-135—NOV. 28, 1975 
TRAINING PERSONNEL IN 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 para-
graphs (3), (4), (5),and (6),respectively. 
(b) Section 404(a) of the Act (42 U.S.C. 3034(a)) is amended by 
strikmg out paragraph (1) and inserting in lieu thereof the following 
new paragraphs: 
"(1) to assist in paying the costs, in whole or in part, of short-
term and inservice training courses, workshops, institutes and 
other activities designed to improve the capabilities of partici-
pants to provide services to older persons and to administer pro-
grams related to the purposes of this Act, 
"(2) to assist in paying the costs, in whole or in part, of post-
secondary education courses of training or study related to the 
purposes of this Act, including the payment of stipends to students 
enrolled in such courses,". 
(c) Section 404 of the Act (42 U.S.C. 3034) is amended by adding at 
the end thereof the following new subsection: 
"(c) The Commissioner may make grants under subsection (a) to 
assist in (1) the training of lawyers and paraprofessional persons who 
will (A) provide legal (including tax and financial) counseling and 
services to older persons; or (B) monitor the administration of any 
program by any public or private nonprofit institution, organization, 
or agency, or any State or political subdivision of a State, designed to 
provide assistance or services to older persons, including nursing home 
programs and other similar programs; and (2) the training of persons 
employed by or associated with public or private nonprofit agencies or 
organizations, including a State or political subdivision of a State, 
who will identify legal problems affecting older persons, develop solu-
tions for such problems, and mobilize the resources of the community 
to respond to the legal needs of older persons.". 
PURCHASE AND DONATION OF CERTAIN PRODUCTS BY SECRETARY OF 
AGRICULTURE 
SEC. 111. (a) Section 707 of the Act (42 U.S.C. 3045f) is amended 
by inserting " (1)" immediately before the first sentence of subsection 
(a), by striking out "this section" in subsection(d) each place it 
appears therein and inserting in lieu thereof "this subsection", by 
redesignating subsections (b), (c), and (d) as paragraphs (2), (3), 
and (4), respectively, by redesignating subsection (e) as subsection 
(b), and by adding at the end thereof the following new subsection: 
"(c) (1) During each of the fiscal years ending June 30, 1975, and 
June 30, 1976, and during the period beginning July 1, 1976, and end-
ing September 30, 1976, the Secretary of Agriculture shall purchase 
high protein foods, meat, and meat alternates on the open market, at 
prices not in excess of market prices, out of funds appropriated under 
this section, as determined under paragraph (3), for distribution to 
recipients of grants or contracts to be used for providing nutritional 
services in accordance with the provisions of this title. High protein 
food, meat, and meat alternates purchased by the Secretary of Agri-
culture under this subsection shall be grown and produced in the 
United States. 
"(2) High protein food, meat, and meat alternates donated under 
this subsection shall not be considered donated commodities for pur-
poses of meeting the requirement of subsection (a) (4) with respect 
to the annually programed level of assistance under subsection (a). 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 719 
"(3) There are authorized to be appropriated such sums as may be 
necessary in order to carry out the program established under para-
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 Septem-
ber 30, 1976, and 25 cents per meal during the fiscal year ending Sep-
tember 30,1977:". 
(c) Section 707(a) of the Act (42 U.S.C. 3045f) is amended in para-
graphs (1), (2), and (3) by striking out "may" each place it appears 
therein and inserting in lieu thereof "shall". 
(d) Section 707 of the Act, as amended by subsection (a), is further 
amended by adding at the end thereof the following new subsection: 
"(d) (1) Notwithstanding any other provision of law, in any case 
in which a State has phased out its commodity distribution facilities 
before June 30, 1974, such State may, for purposes of the programs 
authorized by this Act, elect to receive cash payments in lieu of 
donated foods. In any case in which a State makes such an election, 
the Secretary of Agriculture shall make cash payments to such State 
in an amount equivalent in value to the donated foods which the State 
otherwise would have received if such State had retained its com-
modity distribution facilities. 
" (2) When such payments are made, the State agency shall promptly 
and equitably disburse any cash it receives in lieu of commodities to 
recipients of grants or contracts. Such disbursements shall be used 
by such recipients of grants or contracts to purchase United States 
agricultural commodities and other foods for their nutrition projects.". 
(e) The first sentence of section 708 of the Act (42 U.S.C. 3045g) 
is amended by inserting after "this title" the following: "(other than 
section 707(c))". 
(f) Section 707(a)(4) of the Act (42 U.S.C._3045f (a) (4)), as so 
redesignated by subsection (a), is amended by striking out "subsection 
(d)" and inserting in lieu thereof "paragraph". 
Appropriation 
authorization. 
42 use 3045f. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 112. (a) Section 204(c) of the Act (42 U.S.C. 3014(c)) is 
amended by striking out "and" immediately after "1974," and by 
inserting immediately after "1975," the following: "the fiscal year 
ending June 30, 1976, the period beginning July 1, 1976, and ending 
September 30, 1976, and the fiscal years ending September 30, 1977, 
and 1978 " 
(b) (1)' Section 303(a) of the Act (42 U.S.C. 3023(a)) is amended 
by striking out "and" immediately after "1974," and by inserting 
immediately after "1975," the following: "$180,000,000 for the fiscal 
year ending June 30,1976, $57,750,000 for the period beginning July 1, 
1976, and ending September 30, 1976, $231,000,000 for the fiscal year 
ending September 30,1977, and $287,200,000 for the fiscal year ending 
September 30, 1978,". 
(2) Section 303(b)(2) of the Act (42 U.S.C. 3023(b)(2)) is 
amended by striking out "and" immediately after "1974," and by 
inserting immediately after "1975," the following: "for the fiscal year 
ending June 30, 1976, the period beginning July 1, 1976, and ending 
September 30,1976, and for the fiscal years ending September 30,1977, 
and 1978". 
./ 
» 
jr 
j 
5 
(c) Section 308(b) of the Act (42 U.S.C. 3028(b)) is amended by 
striking out "and" immediately after "1974," and by inserting imme-
89 STAT. 720 
PUBLIC LAW 94-135—NOV. 28, 1975 
diately after "1975" the following: ", the fiscal year ending June 30, 
1976, the period beginning July 1, 1976, and ending September 30, 
1976, and the fiscal years ending September 30, 1977, and 1978". 
(d) Section 431 of the Act (42 U.S.C. 3037) is amended by striking 
out "and" immediately after "1974," and by inserting immediately 
after "1975" the following: ", the fiscal year ending June 30, 1976, 
the period beginning July 1,1976, and ending September 30,1976, and 
the fiscal years ending September 30,1977, and 1978". 
(e) Section 505(a) of the Act (42 U.S.C. 3041d(a)) is amended by 
striking out "and" immediately after "1974," and by inserting imme-
diately after "1975" the following: "the fiscal year ending June 30, 
1976, the period beginning July 1, 1976, and ending September 30, 
1976, and the fiscal years ending September 30,1977, and 1978". 
(f) Section 708 of the Act (42 U.S.C. 3045g) is amended by striking 
out "and" immediately after "1976," and by inserting in lieu thereof 
"$62,500,000 for the period beginning July 1, 1976, and ending Sep-
tember 30,1976,", and by striking out "June 30,1977" and inserting in 
lieu thereof "September 30, 1977, and $275,000,000 for the fiscal year 
ending September 30,1978". 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 
SEC. 113. (a) The Act is amended by adding at the end thereof the 
following new title: 
Older American 
Community 
Service 
Employment Act. 
42 u s e 3056 
note. 
"TITLE IX—COMMUNITY SERVICE EMPLOYMENT FOR 
OLDER AMERICANS 
'SHORT TITLE 
"SEC. 901. This title may be cited as the 'Older American Com-
munity Service Employment Act'. 
" O L D E R AMERICAN COMMUNITY SERVICE EMPLOYMENT 
PROGRAM 
Establishment. 
"SEC. 902. (a) In order to foster and promote useful part-time 
42 use 3056. 
opportunities in community service activities for unemployed low-
income persons who are fifty-five years old or older and who have poor 
employment prospects, the Secretary of Labor (hereinafter in this title 
referred to as the 'Secretary') is authorized to establish an older Amer-
ican community service employment program. 
" (b) (1) In order to carry out the provisions of this title, the Secre-
tary is authorized to enter into agreements with public or private 
nonprofit agencies or organizations, including national organizations, 
agencies of a State government or a political subdivision of a State 
(having elected or duly appointed governing officials), or a combina-
tion of such political subdivisions, or tribal organizations in order 
to further the purposes and goals of the program. Such agreements 
may include provisions for the payment of costs, as provided in sub-
section (c), of projects developed by such organizations and agencies 
in cooperation with the Secretary in order to make the program effec-
tive or to supplement the program. No payment shall be made by the 
Secretary toward the cost of any project established or administered 
by any such organization or agency unless he determines that such 
project— 
"(A) will provide employment only for eligible individuals, 
except for necessary technical, administrative, and supervisory 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 721 
E
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 
26 USC 501. 
construction, operation, or maintenance of any facility used or 
to be used as a place for sectarian religious instruction or 
worship; 
"(D) will contribute to the general welfare of the community; 
"(E) will provide employment for eligible individuals whose 
opportunities for other suitable public or private paid employ-
ment are poor; 
"(F) (i) will result in an increase in employment opportunities 
over those opportunities which would otherwise be available, (ii) 
will not result in the displacement of currently employed workers 
(including partial displacement, such as a reduction m the hours 
of nonovertime work or wages or employment benefits), and (iii) 
will not impair existing contracts or result in the substitution of 
Federal funds for other funds in connection with work that would 
otherwise be performed; 
"(G) will not employ or continue to employ any eligible individ-
ual to perform work the same or substantially the same as that 
performed by any other person who is on layoff; 
"(H) will utilize methods of recruitment and selection (includ-
ing listing of job vacancies with the employment agency operated 
by any State or political subdivision thereof) which will assure 
that the maximum number of eligible individuals will have an 
opportunity to participate in the project; 
"(I) will include such training as may be necessary to make the 
most effective use of the skills and talents of those individuals who 
are participating, and will provide for the payment of the rea-
sonable expenses of individuals being trained, including a reason-
able subsistence allowance; 
" (J) will assure that safe and healthy conditions of work Avill be 
provided, and will assure that persons employed in community 
service jobs assisted under this title shall be paid wages which 
shall not be lower than whichever is the highest of (i) the mini-
mum wage which would be applicable to the employee under the 
Fair Labor Standards Act of 1938, if section 6(a) (1) of such Act 
29 U
S
C 201. 
applied to the participTtnt and if he were not exempt under sec- 
29 U
S
C 206. 
tion 13 thereof, (ii) the State or local minimum wage for the most 
29 U
S
C 213. 
nearly comparable covered employment, or (iii) the prevailing 
rates of pay for persons employed in similar public occupations 
by the same employer; 
"(K) will be established or administered with the advice of 
persons competent in the field of service in which employment is 
being provided, and of persons who are knowledgeable with regard 
to the needs of older persons; 
"(L) will authorize pay for necessary transportation costs of 
eligible individuals which may be incurred in employment in any 
project funded under this title, in accordance with regulations 
promulgated by the Secretary; 
89 STAT. 722 
PUBLIC LAW 94-135—NOV. 28, 1975 
"(M) will assure that, to the extent feasible, such project will 
serve the needs of minority, Indian, and limited English-speaking 
eligible individuals in proportion to their numbers in the State; 
and 
"(N) will authorize funds to be used, to the extent feasible, to 
include individuals participating in such project under any State 
unemployment insurance plan. 
"(2) The Secretary is authorized to establish, issue, and amend such 
regulations as may be necessary to effectively carry out the provisions 
of this title. 
"(c) (1) The Secretary is authorized to pay not to exceed 90 per 
centum of the cost of any project which is the subject of an agreement 
entered into under subsection (b), except that the Secretary is author-
ized to pay all of the costs of any such project which is (A) an emer-
gency or disaster project, or (B) a project located in an economically 
depressed area, as determined by the Secretary in consultation with 
the Secretary of Commerce and the Director of the Community Serv-
ices Administration. 
" (2) The non-Federal share shall be in cash or in kind. In determin-
ing the amount of the non-Federal share, the Secretary is authorized 
to attribute fair market value to services and facilities contributed 
from non-Federal sources. 
(( 
42 use 3056a. 
42 use 3024. 
29 use 961 note. 
29 use 801 note. 
42 use 2701 
note. 
42 use 4871 
note. 
ADMINISTRATION 
"SEC. 903. (a) In order to effectively carry out the provisions of this 
title, the Secretary shall, through the Commissioner of the Adminis-
tration on Aging, consult with the State agency on aging designated 
under section 304(a) (1) and the appropriate area agencies on aging 
established under section 304(a) (2) with regard to— 
"(1) the localities in which community service projects of the 
typo authorized by this title are most needed; 
"(2) consideration of the employment situations and the type 
of skills possessed by available local individuals who are eligible 
to participate; and 
"(3) potential projects and the number and percentage of 
eligible individuals in the local population. 
"(b) If the Secretary determines that to do so would increase job 
opportunities available to individuals under this title, the Secretary is 
authorized to coordinate the program assisted under this title with 
programs authorized under the Emergency Jobs and Unemployment 
Assistance Act of 1974, the Comprehensive Employment and Training 
Act of 1973, the Community Services Act of 1974, and the Emergency 
Employment Act of 1971. Appropriations under this Act may not hie 
used to carry out any program under the Emergency Jobs and Unem-
ployment Assistance Act of 1974, the Comprehensive Employment and 
Training Act of 1973, the Community Services Act of 1974, or the 
Emergency Employment Act of 1971. 
"(c) In carrying out the provisions of this title, the Secretary is 
authorized to use, with their consent, the services, equipment, per-
sonnel, and facilities of Federal and other agencies with or without 
reimbursement, and on a similar basis to cooperate with other public 
and private agencies and instrumentalities in the use of services, equip-
ment, and facilities. 
"(d) Payments under this title may be made in advance or by way of 
reimbursement and in such installments as the Secretary may 
determine. 
PUBLIC LAW 94-135—NOV. 28, 1975 
"(e) The Secretary shall not delegate any function of the Secretary 
under this title to any other department or agency of the Federal 
Government. 
89 STAT. 723 
'PARTICIPANTS NOT FEDERAL EMPLOYEES 
"SEC. 904. (a) Eligible individuals who are employed in any project 
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. 
"(b) No contract shall be entered into under this title with a con-
tractor who is, or whose employees are, under State law, exempted from 
operation of the State workmen's compensation law, generally appli-
cable to employees, unless the contractor shall undertake to provide 
either through insurance by a recognized carrier, or by self-insurance, 
as authorized by State law, that the persons employed under the con-
tract, shall enjoy workmen's compensation coverage equal to that pro-
vided by law for covered employment. 
42 use 3056b. 
5 use 2101. 
INTERAGENCY COOPERATION 
"SEC. 905. (a) The Secretary shall consult with, and obtain the writ- 42 USe 3056c. 
ten views of, the Commissioner of the Administration on Aging prior 
to the establishment of rules or the establishment of general policy in 
the administration of this title. 
"(b) The Secretary shall consult and cooperate with the Director of 
the Community Services Administration, the Secretary of Health, 
Education, and Welfare, and the heads of other Federal agencies carry-
ing out related programs, in order to achieve optimal coordination with 
such other programs. In carrying out the provisions of this section, the 
Secretary shall promote programs or projects of a similar nature. Each 
Federal agency shall cooperate with the Secretary in disseminating 
information relating to the availability of assistance under this title 
and in promoting the identification and interests of individuals eligible 
for employment in projects assisted under this title. 
" E Q U I T A B L E DISTRIBUTION OF ASSISTANCE 
"SEC. 906. (a) (1) From sums appropriated under this title for each 42 USe 3056d. 
fiscal year, the Secretary shall first reserve such sums as may be neces-
sary for national grants or contracts with public agencies and public 
or private nonprofit organizations to maintain the level of activities 
carried on under such grants or contracts at least at the level of such 
activities supported under this title and under any other provision of 
Federal law relating to community service employment programs for 
older Americans in the fiscal year ending June 30^ 1975. Preference in 
awarding such grants or contracts shall be given to national organiza-
tions of proven ability in providing employment services to older per-
sons under this program and similar programs. The Secretary, in 
awarding grants and contracts under this section, shall, to the extent 
feasible, assure an equitable distribution of activities under such grants 
and contracts, in the aggregate, among the States, taking into account 
the needs of underserved States. 
"(2) The Secretary shall allot for projects within each State the 
remainder of the sums appropriated for any fiscal year under section 
908 so that each State will receive an amount which bears the same ratio 
to such remainder as the product of the number of persons aged fifty-
five or over in the State and the allotment percentage of such State 
89 STAT. 724 
PUBLIC LAW 94-135—NOV. 28, 1975 
'State.' 
42 use 3056e. 
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 Trust Ter-
ritory of the Pacific Islands shall each be allotted an amount which is 
not less than one-fourth of 1 per centum of the remainder of the sums 
appropriated for the fiscal year for which the determination is made, 
or $50,000, whichever is greater. For the purpose of the exception con-
tained in this paragraph the term 'State' does not include Guam, 
American Samoa, the Virgin Islands, and the Trust 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 Trust 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 him; and 
"(C) for the purpose of determining the allotment percentage, 
the term 'United States' means the fifty States and the District of 
Columbia. 
"(b) The amount allotted for projects within any State under sub-
section (a) for any fiscal year which the Secretary determines will 
not be required for such year shall be reallotted, from time to time and 
on such dates during such year as the Secretary may fix, to projects 
withm 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. 
"DEFINITIOXS 
" 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, Puerto Rico, the Virgin 
Islands, American Samoa, Guam, and the Trust Teri'itory of the 
Pacific Islands; 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 725 
"(2) the term 'eligible individual' means an individual who is 
fifty-five years old or over, who has a low income, and who has or 
would have difficulty in securing employment, except that, pur-
suant to regulations prescribed by the Secretary, any such indi-
vidual who is sixty years old or over shall have priority for the 
work opportunities provided for under this title; 
"(3) the term 'community service' means social, health, welfare, 
and educational services, legal and other counseling services and 
assistance, including tax counseling and assistance and financial 
counseling, and library, recreational, and other similar services; 
conservation, maintenance, or restoration of natural resources; 
community betterment or beautification; antipollution 
and 
environmental quality efforts; economic development; and such 
other services essential and necessary to the community as the 
Secretary, by regulation, may prescribe; and 
"(4) the term 'program' means the older American community 
service employment program established under this title. 
(( 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. O'OS. There are authorized to be appropriated to carry out 42 U
S
C 3056f. 
this title $100,000,000 for the fiscal year ending June 30, 1976, 
$37,500,000 for the period beginning July 1,1976, and ending Septem-
ber 30, 1976, $150,000,000 for the fiscal year ending September 30, 
1977, and $200,000,000 for the fiscal year ending September 30,1978.". 
(b) Title 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 appro-
priated to carry out title IX of the Older Americans Comprehensive 
Services Amendments of 1973 for the fiscal year ending June 30,1975, 29 U
S
C 871 note, 
may be used for older American community service employment proj-
ects conducted as part of the Operation Mainstream program under 
title III of the Comprehensive Employment and Training Act of 1973. 29 U
S
C 871. 
Repeal. 
42 USC 
3061-3067. 
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 "ALLOTTMENT" and inserting in lieu thereof 
"ALLOTMENT". 
42 USC 3012. 
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 
HIGHER EDUCATION ACT OF 196 5 
SEC. 201. Section 110(b) of the Higher Education Act of 1965 (20 
U.S.C. 1008a(b)) is amended by striking out "July 1, 1977" and 
inserting in lieu thereof "October 1, 1978", by striking out "and" 
immediately after "1973," and inserting in lieu thereof "for", and by 
inserting immediately before the period at the end thereof the follow-
ing: ", and for the period beginning July 1,1976, and ending Septem-
ber 30,1976". 
ADULT EDUCATION ACT 
SEC. 202. Section 310(b) of the Adult Education Act (20 U.S.C. 
1208a (b)) is amended by striking out "July 1, 1975" and inserting 
in lieu thereof "October 1, 1978", by striking out "and" immediately 
after "1973," and inserting in lieu thereof "for", and by inserting 
immediately before the period at the end thereof the following: ", and 
for the period beginning July 1,1976, and ending September 30,1976". 
OLDER AMERICANS COMPREHENSIVE SERVICES AMENDMENTS OF 1973 
SEC. 203. Section 805 of the Older Americans Comprehensive Serv-
ices Amendments of 1973 (42 U.S.C. 2809 note) is amended— 
(1) by striking out "fiscal year" the second place it appears 
therein and inserting in lieu thereof "five fiscal years and the 
period beginning July 1, 1976, and ending September 30, 1976"; 
and 
(2) by striking out "Economic Opportunity Act of 1964" and 
42 use 2701 
inserting in lieu thereof "Community Services Act of 1974". 
note. 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 727 
VOCATIONAL EDUCATION ACT OF 1 9 6 3 
SEC. 204. Section 161 (d) of the Vocational Education Act of 1963 (20 
U.S.C. 1341(d)) is amended by inserting "(1)" immediately before 
"At least one-third" and by adding at the end thereof the following 
new paragraph: 
"(2) From funds made available under this section, special consid-
eration shall be given to special consumer and homemakmg programs 
for persons aged sixty or older who are in need of services provided 
by such programs, as determined by the Commissioner, Such programs 
shall be designed to assist such persons to live independently in their 
own homes and to alleviate the adverse effects of lonelmess and 
isolation.". 
DOMESTIC VOLUNTEER SERVICE ACT OF 197 3 
SEC. 205. (a) (1) Section 502(a) of the Domestic Volunteer Service 
Act of 1973 (42 U.S.C. 5082(a)), hereinafter in this section referred 
to as the "Act", is amended— 
(A) by striking out "and" immediately after "1974,"; and 
(B) by inserting immediately after "respectively," the follow-
ing: "$6,000,000 for the period beginning July 1, 1976, and end-
ing September 30, 1976, and $22,000,000 for each of the fiscal 
years ending September 30, 1977, and September 30, 1978,". 
(2) Section 502(b)(1) of the Act (42 U.S.C. 5082(b)(1)) is 
amended— 
(A) by striking out "and" immediately after "1974," each place 
it appears therein; 
(B) by inserting immediately after "respectively," the first 
place it appears therein the following: $10,750,000 for the period 
beginning July 1, 1976, and ending September 30, 1976, and 
$43,000,000 for each of the fiscal years ending September 30,1977, 
and September 30, 1978,"; 
(C) by inserting immediately after "respectively," the second 
place it appears therein the following: "$8,750,000 for the period 
beginning July 1, 1976, and ending September 30, 1976, and 
$35,000,000 for each of the fiscal years ending September 30,1977, 
and September 30,1978,"; and 
(D) by inserting immediately after "respectively," the third 
place it appears therein the following: "$2,000,000 for the period 
beginning July 1, 1976, and ending September 30, 1976, and 
$8,000,000 for each of the fiscal years ending September 30, 1977, 
and September 30,1978,". 
(b) (1) The first sentence of section 211(a) of the Act (42 U.S.C. 
5011(a)) is amended— 
(A) by striking out "volunteers" the first and third places it 
appears therein and inserting in lieu thereof "individuals"; and 
(B) by striking out "serve as volunteers to". 
(2) Section 211(b) of the Act (42 U.S.C. 5011(b)) is amended by 
striking out "volunteers" and inserting in lieu thereof "individuals". 
(3) Section 212(a)(1) of the Act (42 U.S.C. 5pi2(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 U
S
C 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 
89 STAT. 728 
PUBLIC LAW 94-135—NOV. 28, 1975 
42 
use 
5001. 
42 
use 
3021, 
3045. 
Definitions. 
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 Domes-
tic Volunteer Service Act of 1973 in any State or other jurisdiction 
served by the State office involved; and 
(ii) to seek to coordinate such programs with programs carried 
out under title 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. 
42 use 6101 
note. 
TITLE III—PROHIBITION OF DISCRIMINATION BASED 
ON AGE 
SHORT TITLE 
SEC. 301. The provisions of this title may be cited as the "Age 
Discrimination Act of 1975". 
STATEMENT OF PURPOSE 
42 use 6101. 
SEC. 302. It is the purpose of this title to prohibit unreasonable dis-
crimination on the basis of age in programs or activities receiving 
Federal financial assistance, including programs or activities receiving 
funds under the State and Local Fiscal Assistance Act of 1972 (31 
U.S.C. 1221 etseq.). 
PROHIBITION OF DISCRIMINATION 
42 use 6102. 
SEC 303. Pursuant to regulations prescribed under section 304, and 
except as provided by section 304(b) and section 304(c), no person in 
the United States shall, on the basis of age, be excluded from partici-
pation in, be denied the benefits of, or be subjected to discrimination 
under, any program or activity receiving Federal financial assistance. 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 729 
REGULATIONS 
SEC. 304. (a) (1) Xot later 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 provi-
sions 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 Com-
mission is required to transmit under section 307(d), and with 
respect to the comments and recommendations submitted by Fed-
eral departments and agencies under section 307 (e). 
(B) The forty-five day period specified in subparagraph (A) (ii) 
shall include only days during which both Houses of the Congress 
are in session. 
(3) Not later than ninety days after the Secretary publishes pro-
posed 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 com-
ments received by the Scei'ctary 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 Fed-
eral department or agency which extends Federal financial assist-
ance to any program or activity by way of grant, entitlement, loan, 
or contract other than a contract of insurance or guaranty, shall 
transmit to the Secretary and publish in the Federal Register pro-
j)osed regulations to carry out the provisions of section 303 and to 
provide appropriate investigative, conciliation, and enforcement pro-
cedures. Such regulations shall be consistent with the final general 
regulations issued by the Secretary. 
(5) Notwithstanding any other provision of this section, no regula-
tions issued pursuant to this section shall be effective before Janu-
ary 1, 1979. 
(b)(1) It shall not be a violation of any provision of this title, 
or of anv regulation issued under this title, for any person to take 
any action otherwise prohibited by the provisions of section 303 if, 
in the 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 stat-
utorv obiective of srch nrogram or activity: or 
(1^) the differentiation made by such action is based upon rea-
sonable factors other than age. 
(2) The provisions of this title shall not apply to any program or 
activity established under authority of any law which (A) provides 
any benefits or assistance to persons based upon the age of such per-
sons; or (B) establishes criteria for participation in age-related terms 
or describes intended beneficiaries or target groups in such terms. 
(c) (1) Except with respect to anv program or activity receiving 
Federal financial assistance for ]iublic service employment under the 
Comprehensive Employment and Training Act of 1974 (29 U.S.C. 
801, et seq.), as amended, nothing in this title shall be construed to 
42 use 6103. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
89 STAT. 730 
PUBLIC LAW 94-135—NOV. 28, 1975 
authorize action under this title by any Federal department or agency 
with respect to any employment practice of any employer, employ-
ment agency, or labor organization, or with respect to any labor-man-
agement joint apprenticeship training program. 
(2) Nothing in this title shall be construed to amend or modify the 
Age Discrimination in Employment Act of 1967 (29 U.S.C. 621-634), 
as amended, or to affect the rights or responsibilities of any person or 
party pursuant to such Act. 
42 use 6104. 
Report to 
congressional 
committees. 
ENFORCEMENT 
SEC. 305. (a) The head of any Federal department or agency who 
prescribes regulations under section 304 may seek to achieve com-
pliance with any such regulation— 
(1) by terminating, or refusing to grant or to continue, assist-
ance under the program or activity involved to any recipient with 
respect to whom there has been an express finding on the record, 
after reasonable notice and opportunity for hearing, of a failure 
to comply with any such regulation; or 
(2) by any other means authorized by law. 
(b) Any termination of, or refusal to grant or to continue, assist-
ance under subsection (a)(1) shall be limited to the particular political 
entity or other recipient with respect to which a finding has been made 
under subsection (a)(1). Any such termination or refusal shall be 
limited in its effect to the particular program or activity, or part of 
such program or activity, with respect to which such finding has been 
made. No such termination or refusal shall be based in whole or in 
part on any finding with respect to any program or activity which does 
not receive Federal financial assistance. 
(c) No action may be taken under subsection (a) until the head of 
the Federal department or agency involved has advised the appro-
priate person of the failure to comply with the regulation involved and 
has determined that compliance cannot be secured by voluntary means. 
(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 com-
mittees of the House of Representatives and the Senate having legis-
lative jurisdiction over the program or activity involved. No such 
action shall take effect until thirty days after the transmission of any 
such report. 
(e) The provisions of this section shall be the exclusive remedy for 
the enforcement of the provisions of this title. 
JUDICIAL REVIEW 
42 use 6105. 
SEC. 306. (a) Any action by any Federal department or agency 
under section 305 shall be subject to such judicial review as may other-
wise be provided by law for similar action taken by any such depart-
ment or agency on other grounds. 
(b) In the case of any action by any Federal department or agency 
under section 305 which is not otherwise subject to judicial review, 
any person aggrieved (including any State or political subdivision 
thereof and any agency of either) may obtain judicial review of such 
action in accordance with the provisions of chapter 7 of title 5, United 
5 use 701 et seq. States Code. For purposes of this subsection, any such action shall 
not be considered committed to unreviewable agency discretion within 
the meaning of section 701(a)(2) of such title. 
PUBLIC LAW 94-135—NOV. 28, 1975 
89 STAT. 731 
STUDY OF DISCRIMINATION BASED ON AGE 
SEC. 307. (a) The Commission on Civil Eights shall (1) undertake 
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 
shall conduct public hearings to elicit the views of interested parties, 
including Federal departments and agencies, on issues relating to age 
discrimination in programs and activities receiving Federal financial 
assistance, and particularly with respect to the reasonableness of distin-
guishing, on the basis of age, among potential participants in, or 
beneficiaries of, specific federally assisted programs, 
(c) The Commission is authorized to obtain, through grant or 
contract, analyses, research and studies by independent experts of 
issues relating to age discrimination and to publish the results thereof. 
For purposes of the study required by this section, the Commission 
may accept and utilize the services of voluntary or uncompensated 
personnel, without regard to the provisions of section 105(b) of the 
Civil Eights Act of 1957 (42 U.S.C. 1975d (b)). 
(d) Not later than eighteen months after the date of the enact-
ment of this Act, the Commission shall transmit a report of its 
findings and its recommendations for statutory changes (if any) and 
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 
of the report required by subsection (d), each Federal department or 
agency with respect to which the Commission makes findings or rec-
ommendations shall submit its comments and recommendations regard-
ing such report to the President and to the Committee on Labor and 
Public Welfare of the Senate and the Committee on Education and 
Labor of the House of Eepresentatives. 
(f) The head of each Federal department or agency shall cooperate 
in all respects with the Commission with respect to the study required 
by subsection (a), and shall provide to the Commission such data, 
reports, and documents in connection with the subject matter of such 
study as the Commission may request. 
(g) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this section. 
42 use 6106. 
Hearings. 
Report to 
President and 
Congress. 
Reports to 
President and 
congressional 
committees. 
Appropriation 
authorization. 
DEFINITIONS 
SEC. 308. For purposes of this title— 
(1) the term "Commission" means the Commission on Civil 
Eights; 
(2) the term "Secretary" means the Secretary of Health, Edu-
cation, and Welfare; and 
42 use 6107, 
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.