---
kind: "section"
citation: "42 U.S.C. § 4368a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4368a"
heading: "Utilization of talents of older Americans in projects of pollution prevention, abatement, and control"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4368a"
units:
  - "Chapter 55 — National Environmental Policy"
  - "Subchapter III — Miscellaneous Provisions"
---

# §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](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) is authorized to make grants to, or enter into cooperative agreements with, private [nonprofit](/usc/42/300s–3.md?p=3) organizations designated by the [Secretary](/usc/42/242q–4.md?p=2) of Labor under title V of the Older Americans Act of 1965 [[42 U.S.C. 3056](/usc/42/3056.md) et seq.] to utilize the talents of older Americans in programs authorized by other provisions of law administered by the [Administrator](/usc/42/4005.md?p=1) (and consistent with such provisions of law) in providing technical assistance to Federal, [State](/usc/42/2021b.md?p=14), and local environmental [agencies](/usc/42/8262.md?p=1) for [projects](/usc/42/13641.md?p=2) of pollution prevention, abatement, and control. Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3221](/usc/29/3221.md) et seq.].
- (b) **Pre-award certifications—** Prior to awarding any grant or agreement under [subsection (a)](#a), the applicable Federal, [State](/usc/42/2021b.md?p=14), or local environmental [agency](/usc/42/8262.md?p=1) shall certify to the [Administrator](/usc/42/4005.md?p=1) that such grants or agreements will not—
  - (1) result in the displacement of individuals currently employed by the environmental [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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.

## Source credit

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

## Notes

### Editorial Notes

### 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. Title V of the Act, known as the “Community Service Senior Opportunities Act”, is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The Workforce Innovation and Opportunity Act, referred to in subsec. (a), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Subsection D of title I of the Act is classified generally to part D (§ 3221 et seq.) of subchapter I of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

### Codification

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

### Amendments

2014—Subsec. (a). Pub. L. 113–128 substituted “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act” for “Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998”.

1998—Subsec. (a). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(27)], struck out “title IV of the Job Training Partnership Act or” after “title V of the Older Americans Act of 1965 and” in last sentence.

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 2014 Amendment

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

### Effective Date of 1998 Amendment

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

### Short Title

Pub. L. 98–313, § 1, June 12, 1984, 98 Stat. 235, provided that: “This Act [enacting this section] may be cited as the ‘Environmental Programs Assistance Act of 1984’.”