FR Doc 04-7006

[Federal Register: April 2, 2004 (Volume 69, Number 64)]
[Rules and Regulations]
[Page 17569-17582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap04-17]

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Part IV

Department of Labor

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Office of the Secretary

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29 CFR Part 35

Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Financial Assistance from the Department of Labor;
Final Rule

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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 35

RIN 1291-AA21

Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Financial Assistance From the Department of Labor

AGENCY: Office of the Secretary, Labor.

ACTION: Final rule.

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SUMMARY: In this final rule, the U.S. Department of Labor (``DOL'' or
``the Department'') implements the Age Discrimination Act of 1975, as
amended (``Age Act'' or ``the Act''). The Age Act prohibits
discrimination on the basis of age in programs or activities receiving
Federal financial assistance. The Act also contains certain exceptions
that permit, under limited circumstances, use of age distinctions, or
factors other than age that might have a disproportionate effect on the
basis of age. The Age Act applies to persons of all ages.

EFFECTIVE DATE: May 3, 2004.

FOR FURTHER INFORMATION CONTACT: Annabelle T. Lockhart, Director, Civil
Rights Center (CRC), Frances Perkins Building, 200 Constitution Ave.,
NW., Room N-4123, Washington, DC 20210, CivilRightsCenter@dol.gov,
(202) 693-6500 (VOICE) or (202) 693-6515, (800) 326-2577 (TTY/TDD).

SUPPLEMENTARY INFORMATION:

I. Background Information

The Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.,
prohibits discrimination on the basis of age in programs or activities
receiving Federal financial assistance. The Age Act applies to
discrimination at all age levels. The Act also contains specific
exceptions that permit the use of certain age distinctions and factors
other than age that meet the Act's requirements.
The Age Act required the former Department of Health, Education,
and Welfare (HEW) to issue general, government-wide regulations setting
standards to be followed by all Federal agencies in implementing the
Act. These government-wide regulations, which were issued on June 12,
1979 (45 CFR part 90; 44 FR 33768), and became effective on July 1,
1979, require each Federal agency providing financial assistance to any
program or activity to publish final regulations implementing the Age
Act, and to submit final agency regulations to HEW (now the Department
of Health and Human Services (HHS)), before publication in the Federal
Register. (See 45 CFR 90.31.)

II. Rulemaking History

On December 29, 1998, DOL published its first NPRM to implement the
Age Act. See 63 FR 71714 (1998). No comments were received by DOL
regarding the proposal. A second NPRM (NPRM II) was published on June
10, 2002, to address changes in statutory and case law that occurred
after the first NPRM was published. See 67 FR 39830 (2002). No comments
were received by DOL regarding the second proposal.
As part of the clearance process required by the government-wide
Age Act regulations, DOL submitted its draft final rule to the
Department of Health and Human Services (HHS) for review prior to
publication, as required by 45 CFR 90.31(c). HHS raised concerns about
consistency between the draft DOL final Age Act rule and the
government-wide Age Act regulations, as well as a few additional minor
matters. DOL published a third NPRM (NPRM III) on July 11, 2003, that
addressed the HHS concerns and proposed minor technical corrections to
the rule. See 68 FR 41511 (2003). Again, DOL received no comments in
response to the proposed rule.

III. Overview of the Final Rule

The final rule published today is nearly identical to the rule as
proposed in the July 11, 2003, NPRM. We have made a few non-substantive
changes to improve readability of the final rule. We also have amended
paragraph 35.32(a)(1) from reading ``an exemption under section
35.2(c)'' to read ``an exception.'' This change was made because the
NPRM did not contain a section 35.2(c), and to make the rule's language
consistent with HHS's government-wide Age Act regulations.
In addition, HHS's government-wide Age Act regulations require that
``each agency shall publish an appendix to its final age discrimination
regulations containing a list of each age distinction provided in a
Federal statute or in regulations affecting financial assistance
administered by the agency.'' 45 CFR 90.31(f). The Department of Labor
has complied with this requirement by including Appendix A with this
final rule. The material in Appendix A is self-explanatory.
We have made one substantive change to the rule, in paragraph
35.2(b). That paragraph lists circumstances in which the rule does not
apply. Subparagraph 35.2(b)(2) of the NPRM stated that the rule would
not apply to the employment practices of certain listed entities,
except those of ``any program or activity receiving Federal financial
assistance under the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.).'' The exception for WIA-financially assisted programs and
activities was derived from the Age Act. However, in the Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999,
Public Law 105-277, Congress eliminated this exception. Therefore, we
are deleting the exception from this final rule. Applicants to,
participants in, and employees of programs and activities receiving
Federal financial assistance under WIA remain protected from age-based
discrimination by WIA Section 188, 29 U.S.C. 2938, and DOL's
regulations implementing that section, found at 29 CFR part 37.
Because the change described above is the only substantive
difference between the regulatory text of this final rule and the
corresponding text in NPRM III, we have not included a Section-by-
Section Analysis in this preamble. Anyone interested in learning more
about the differences between this final rule and NPRM II (published in
2002) should read the preamble to NPRM III at 68 FR 41511.

IV. Regulatory Procedures

Executive Order 12866

This final rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this final rule is a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, yet is not economically significant as
defined in section 3(f)(1), and, therefore, the information enumerated
in section 6(a)(3)(C) of the Order is not required. Pursuant to the
Order, this final rule has been reviewed by the Office of Management
and Budget.

Unfunded Mandates Reform

Executive Order 12875--This final rule does not create an unfunded
Federal mandate on any State, local or tribal government.
Unfunded Mandates Reform Act of 1995--This final rule does not
include any Federal mandate that might result in increased expenditures
by State, local and tribal governments, in the aggregate, of $100
million or more, or increased expenditures by the private sector of
$100 million or more.

Regulatory Flexibility Act

This final rule clarifies existing requirements for entities
receiving financial assistance from DOL. The

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requirements prohibiting age discrimination by recipients of Federal
financial assistance that are in the Age Act and the government-wide
regulations have been in effect since 1979. In addition, entities
receiving financial assistance from DOL under WIA have been expressly
informed of their obligations to comply with the Age Act by both WIA
statutory language and by the DOL regulations implementing the civil
rights provisions of WIA. Because this final rule does not
substantively change existing obligations on recipients, but merely
clarifies such duties, the Department certifies that the final rule
does not have a significant economic impact on a substantial number of
small entities. Consequently, a regulatory flexibility analysis is not
required.

Paperwork Reduction Act

Section 35.31(c)(1) of the final rule allows a complainant to file
a complaint by submitting a written statement that identifies the
parties involved and the date the complainant first had knowledge of
the alleged violation, describes generally the action or practice
complained of, and is signed by the complainant. Section
35.40(b)(3)(iii) of the final rule requires a complainant to give 30
days notice to the Secretary of Labor, the Secretary of Health and
Human Services, the Attorney General of the United States, and the
recipient, before commencing a civil action in the event that CRC
issues a finding in favor of the recipient or fails to make a finding
within 180 days. Based on the history of the program, the Department
projects that fewer than 9 persons per year will either file a
complaint with CRC or give notice that a civil action is being pursued.
Accordingly, the Department believes the Paperwork Reduction Act is
inapplicable to this rule.

Executive Order 13132

This final rule has been reviewed in accordance with Executive
Order 13132 regarding Federalism. This final rule will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. Therefore,
the requirements of section 6 of Executive Order 13132 do not apply to
this rule.

List of Subjects in 29 CFR Part 35

Administrative practice and procedure, Age discrimination,
Children, Civil rights, Elderly, Grant programs--Labor.

Signed at Washington, DC this 22nd day of March, 2004.
Elaine L. Chao,
Secretary of Labor.

0
For the reasons set out in the preamble, 29 CFR subtitle A is amended
by adding a new Part 35 to read as follows:

PART 35--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE
DEPARTMENT OF LABOR

Subpart A--General
Sec.
35.1 What is the purpose of the Department of Labor (DOL) age
discrimination regulations?
35.2 To what programs or activities do these regulations apply?
35.3 What definitions apply to these regulations?
Subpart B-Standards for Determining Age Discrimination
35.10 Rules against age discrimination.
35.11 Definitions of the terms ``normal operation'' and ``statutory
objective.''
35.12 Exceptions to the rules against age discrimination: normal
operation or statutory objective of any program or activity.
35.13 Exceptions to the rules against age discrimination: reasonable
factors other than age.
35.14 Burden of proof.
35.15 Remedial action.
35.16 Special benefits for children and the elderly.
35.17 Age distinctions in DOL regulations.
Subpart C--Duties of DOL Recipients
35.20 General responsibilities.
35.21 Recipient responsibility to provide notice.
35.22 Information requirements.
35.23 Assurances required.
35.24 Designation of responsible employee.
35.25 Complaint procedures.
35.26 Recipient assessment of age distinctions.
Subpart D--Investigation, Conciliation, and Enforcement Procedures
35.30 Compliance reviews.
35.31 Complaints.
35.32 Mediation.
35.33 Investigations.
35.34 Effect of agreements on enforcement effort.
35.35 Prohibition against intimidation or retaliation.
35.36 Enforcement.
35.37 Hearings, decisions, and post-termination proceedings.
35.38 Procedure for disbursal of funds to an alternate recipient.
35.39 Remedial action by recipient.
35.40 Exhaustion of administrative remedies.
Appendix A to Part 35--Age Distinctions in Statutes Affecting
Federal Financial Assistance Administered by DOL

Authority: 42 U.S.C. 6101 et seq.; 45 CFR Part 90.

Subpart A--General

Sec. 35.1 What is the purpose of the Department of Labor (DOL) age
discrimination regulations?

The purpose of this part is to set out the DOL rules for
implementing the Age Discrimination Act of 1975, as amended. The Act
prohibits discrimination on the basis of age by recipients of Federal
financial assistance and in federally assisted programs or activities,
but permits the use of certain age distinctions and factors other than
age that meet the requirements of the Act and this part.

Sec. 35.2 To what programs or activities do these regulations apply?

(a) Application. This part applies to any program or activity that
receives Federal financial assistance, directly or indirectly, from
DOL.
(b) Limitation of application. This part does not apply to:
(1) An age distinction contained in that part of a Federal, State,
or local statute or ordinance adopted by an elected, general purpose
legislative body that:
(i) Provides persons with any benefits or assistance based on age;
or
(ii) Establishes criteria for participation in age-related terms;
or
(iii) Describes intended beneficiaries or target groups in age-
related terms.
(2) Any employment practice of any employer, employment agency,
labor organization, or any labor-management joint apprentice training
program.

Sec. 35.3 What definitions apply to these regulations?

As used in this part:
Act means the Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 et seq.).
Action means any act, activity, policy, rule, standard, or method
of administration, or the use of any policy, rule, standard, or method
of administration.
Age means how old a person is, or the number of years from the date
of a person's birth.
Age distinction means any action using age or an age-related term.
Age-related term means a word or words that necessarily imply a
particular age or range of ages (e.g., ``child,'' ``adults,'' ``older
persons,'' but not ``student'').
Applicant for Federal financial assistance means the individual or
entity submitting an application, request, or plan required to be
approved by a DOL official or recipient as a

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condition to becoming a recipient or subrecipient.
Beneficiary means the person(s) intended by Congress to receive
benefits or services from a recipient of Federal financial assistance
from DOL.
CRC means the Civil Rights Center, Office of the Assistant
Secretary for Administration and Management, United States Department
of Labor.
Director means the Director of CRC.
Department means the United States Department of Labor.
DOL means the United States Department of Labor.
Federal financial assistance means any grant, entitlement, loan,
cooperative agreement, contract (other than a procurement contract or a
contract of insurance or guaranty), or any other arrangement by which
DOL provides or otherwise makes available assistance in the form of:
(1) Funds;
(2) Services of Federal personnel; or
(3) Real and personal property or any interest in or use of
property, including:
(i) Transfers or leases of property for less than fair market value
or for reduced consideration; and
(ii) Proceeds from a subsequent transfer or lease of property if
the Federal share of its fair market value is not returned to the
Federal Government. Program or activity means all of the operations of
any entity described in paragraphs (1) through
(4) of this definition, any part of which is extended Federal
financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
Recipient means any State or its political subdivision, any
instrumentality of a State or its political subdivision, any public or
private agency, institution, organization, or other entity, or any
person to which Federal financial assistance from DOL is extended,
directly or through another recipient, but excludes the ultimate
beneficiary of the assistance. Recipient includes any subrecipient to
which a recipient extends or passes on Federal financial assistance,
and any successor, assignee, or transferee of a recipient.
Secretary means the Secretary of Labor, or his or her designee.
State means the individual States of the United States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin
Islands, American Samoa, Wake Island and the Commonwealth of the
Northern Mariana Islands.

Subpart B--Standards for Determining Age Discrimination

Sec. 35.10 Rules against age discrimination.

The rules stated in this section are subject to the exceptions
contained in Sec. Sec. 35.12 and 35.13.
(a) General rule. No person in the United States shall be, on the
basis of age, excluded from participation in, denied the benefits of or
subjected to discrimination under, any program or activity receiving
Federal financial assistance from DOL.
(b) Specific rules. A recipient may not, directly or through
contractual, licensing, or other arrangements, use age distinctions or
take any other actions that have the effect of, on the basis of age:
(1) Excluding individuals from, denying them the benefits of, or
subjecting them to discrimination under, a program or activity
receiving Federal financial assistance from DOL; or
(2) Denying or limiting individuals in their opportunity to
participate in any program or activity receiving Federal financial
assistance from DOL.
(c) Other forms of age discrimination. The listing of specific
forms of age discrimination in paragraph (b) of this section is not
exhaustive and does not imply that any other form of age discrimination
is permitted.

Sec. 35.11 Definitions of the terms ``normal operation'' and
``statutory objective.''

As used in this part, the term:
(a) Normal operation means the operation of a program or activity
without significant changes that would impair the ability of the
program or activity to meet its objectives.
(b) Statutory objective means any purpose of a program or activity
expressly stated in any Federal statute, State statute, or local
statute or ordinance adopted by an elected, general purpose legislative
body.

Sec. 35.12 Exceptions to the rules against age discrimination: normal
operation or statutory objective of any program or activity.

A recipient is permitted to take an action otherwise prohibited by
Sec. 35.10 if the action reasonably takes age into account as a factor
necessary to the normal operation or the achievement of any statutory
objective of a program or activity. An action reasonably takes age into
account as a factor necessary to the normal operation or the
achievement of any statutory objective of a program or activity if:
(a) Age is used as a measure or approximation of one or more other
characteristics;
(b) The other characteristic(s) must be measured or approximated in
order for the normal operation of the program or activity to continue,
or to achieve any statutory objective of the program or activity;
(c) The other characteristic(s) can reasonably be measured or
approximated by the use of age; and
(d) The other characteristic(s) are impractical to measure directly
on an individual basis.

Sec. 35.13 Exceptions to the rules against age discrimination:
reasonable factors other than age.

A recipient is permitted to take an action otherwise prohibited by
Sec. 35.10, if that action is based on a factor other than age, even
though the action may have a disproportionate effect on persons of
different ages. An action is based on a factor other than age only if
the factor bears a direct and substantial relationship to the normal
operation of the program or activity or to the achievement of a
statutory objective.

Sec. 35.14 Burden of proof.

The recipient has the burden of proving that an age distinction or
other action falls within the exceptions outlined in Sec. Sec. 35.12
and 35.13.

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Sec. 35.15 Remedial action.

Even in the absence of a finding of discrimination, a recipient, in
administering a program, may take steps to overcome the effects of
conditions that resulted in a limited participation on the basis of
age. Nothing in this section will permit any otherwise prohibited use
of age distinctions that have the effect of excluding individuals from,
denying them benefits of, subjecting them to discrimination under, or
limiting them in their opportunity to participate in any program or
activity receiving Federal financial assistance from DOL.

Sec. 35.16 Special benefits for children and the elderly.

If a recipient is operating a program or activity that provides
special benefits to the elderly or to children, the use of such age
distinctions is presumed to be necessary to the normal operation of the
program or activity, notwithstanding the provisions of Sec. 35.12.

Sec. 35.17 Age distinctions in DOL regulations.

Any age distinction in regulations issued by DOL is presumed to be
necessary to the achievement of a statutory objective of the program or
activity to which the regulations apply, notwithstanding the provisions
of Sec. 35.12.

Subpart C--Duties of DOL Recipients

Sec. 35.20 General responsibilities.

Each DOL recipient has primary responsibility for ensuring that its
programs or activities are in compliance with the Act and this part and
for taking appropriate steps to correct any violations of the Act or
this part.

Sec. 35.21 Recipient responsibility to provide notice.

(a) Notice to other recipients. Where a recipient of Federal
financial assistance from DOL passes on funds to other recipients, that
recipient shall notify such other recipients of their obligations under
the Act and this part.
(b) Notice to beneficiaries. A recipient shall notify its
beneficiaries about the provisions of the Act and this part and their
applicability to specific programs or activities. The notification must
also identify the responsible employee designated under Sec. 35.24 by
name or title, address, and telephone number.

Sec. 35.22 Information requirements.

Each recipient shall:
(a) Keep such records as CRC determines are necessary to ascertain
whether the recipient is complying with the Act and this part;
(b) Upon request, provide CRC with such information and reports as
the Director determines are necessary to ascertain whether the
recipient is complying with the Act and this part; and
(c) Permit reasonable access by CRC to books, records, accounts,
reports, other recipient facilities and other sources of information to
the extent CRC determines is necessary to ascertain whether the
recipient is complying with the Act and this part.

Sec. 35.23 Assurances required.

A recipient or applicant for Federal financial assistance from DOL
shall sign a written assurance, in a form specified by DOL, that the
program or activity will be operated in compliance with the Act and
this part. In subsequent applications to DOL, an applicant may
incorporate this assurance by reference.

Sec. 35.24 Designation of responsible employee.

Each recipient shall designate at least one employee to coordinate
its compliance activities under the Act and this part, including
investigation of any complaints that the recipient receives alleging
any actions that are prohibited by the Act or this part.

Sec. 35.25 Complaint procedures.

Each recipient shall adopt and publish complaint procedures
providing for prompt and equitable resolution of complaints alleging
any action that would be prohibited by the Act or this part.

Sec. 35.26 Recipient assessment of age distinctions.

(a) In order to assess a recipient's compliance with the Act and
this part, as part of a compliance or monitoring review, or a complaint
investigation, CRC may require a recipient employing the equivalent of
15 or more full-time employees to complete a written self-evaluation,
in a manner specified by CRC, of any age distinction imposed in its
program or activity receiving Federal financial assistance from DOL.
(b) Whenever such an assessment indicates a violation of the Act or
this part, the recipient shall take prompt and appropriate corrective
action.

Subpart D--Investigation, Conciliation, and Enforcement Procedures

Sec. 35.30 Compliance reviews.

(a) CRC may conduct such compliance reviews, pre-award reviews, and
other similar procedures as permit CRC to investigate and correct
violations of the Act and this part, irrespective of whether a
complaint has been filed against a recipient. Such reviews may be as
comprehensive as necessary to determine whether a violation of the Act
or this part has occurred.
(b) Where a review conducted pursuant to paragraph (a) of this
section indicates a violation of the Act or this part, CRC will attempt
to achieve voluntary compliance. If voluntary compliance cannot be
achieved, CRC will begin enforcement proceedings, as described in Sec.
35.36.

Sec. 35.31 Complaints.

(a) Who may file. Any person, whether individually, as a member of
a class, or on behalf of others, may file a complaint with CRC alleging
discrimination in violation of the Act or these regulations, based on
an action occurring on or after July 1, 1979.
(b) When to file. A complainant must file a complaint within 180
days from the date the complainant first had knowledge of the alleged
act of discrimination. The Director may extend this time limit for good
cause shown.
(c) Complaint procedure. A complaint is considered to be complete
on the date CRC receives all the information necessary to process it,
as provided in paragraph (c)(1) of this section. CRC will:
(1) Accept as a complete complaint any written statement that
identifies the parties involved and the date the complainant first had
knowledge of the alleged violation, describes generally the action or
practice complained of, and is signed by the complainant;
(2) Freely permit a complainant to add information to the complaint
to meet the requirements of a complete complaint;
(3) Notify the complainant and the recipient of their rights and
obligations under the complaint procedure, including the right to have
a representative at all stages of the complaint procedure; and
(4) Notify the complainant and the recipient (or their
representatives) of their right to contact CRC for information and
assistance regarding the complaint resolution process.
(d) No jurisdiction. CRC will return to the complainant any
complaint outside the jurisdiction of this part, with a statement
indicating why there is no jurisdiction.

Sec. 35.32 Mediation.

(a) Referral to mediation. CRC will promptly refer to the Federal
Mediation and Conciliation Service or the mediation agency designated
by the Secretary of Health and Human Services

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under 45 CFR part 90, all complaints that:
(1) Fall within the jurisdiction of the Act or this part, unless
the age distinction complained of is clearly within an exception; and
(2) Contain all information necessary for further processing, as
provided in Sec. 35.31(c)(1).
(b) Participation in mediation process. Both the complainant and
the recipient shall participate in the mediation process to the extent
necessary to reach an agreement or to make an informed judgment that an
agreement is not possible. The recipient and the complainant do not
need to meet with the mediator at the same time, and a meeting may be
conducted by telephone or other means of effective dialogue if a
personal meeting between the party and the mediator is impractical.
(c) When agreement is reached. If the complainant and the recipient
reach an agreement, the mediator shall prepare a written statement of
the agreement, have the complainant and recipient sign it, and send a
copy of the agreement to CRC.
(d) Confidentiality. The mediator shall protect the confidentiality
of all information obtained in the course of the mediation process. No
mediator may testify in any adjudicative proceeding, produce any
document, or otherwise disclose any information obtained in the course
of the mediation process, unless the mediator has obtained prior
approval of the head of the mediation agency.
(e) Maximum time period for mediation. The mediation shall proceed
for a maximum of 60 days after a complaint is filed with CRC. This 60-
day period may be extended by the mediator, with the concurrence of the
Director, for not more than 30 days, if the mediator determines that
agreement is likely to be reached during the extended period. In the
absence of such an extension, mediation ends if:
(1) Sixty days elapse from the time the complaint is filed; or
(2) Prior to the end of the 60-day period, either
(i) An agreement is reached; or
(ii) The mediator determines that agreement cannot be reached.
(f) Unresolved complaints. The mediator shall return unresolved
complaints to CRC.

Sec. 35.33 Investigations.

(a) Initial investigation. CRC will investigate complaints that are
unresolved after mediation or reopened because the mediation agreement
has been violated.
(1) As part of the initial investigation, CRC will use informal
fact-finding methods, including joint or separate discussions with the
complainant and recipient to establish the facts and, if possible,
resolve the complaint to the mutual satisfaction of the parties. CRC
may seek the assistance of any involved State, local, or other Federal
agency.
(2) Where agreement between the parties has been reached pursuant
to paragraph (a)(1) of this section, the agreement shall be put in
writing by DOL, and signed by the parties and an authorized official of
DOL.
(b) Formal findings, conciliation, and hearing. If CRC cannot
resolve the complaint during the early stages of the investigation, CRC
will complete the investigation of the complaint and make formal
findings. If the investigation indicates a violation of the Act or this
part, CRC will attempt to achieve voluntary compliance. If CRC cannot
obtain voluntary compliance, CRC will begin appropriate enforcement
action, as provided in Sec. 35.36.

Sec. 35.34 Effect of agreements on enforcement effort.

An agreement reached pursuant to either Sec. 35.32(c) or Sec.
35.33(a) shall have no effect on the operation of any other enforcement
effort of DOL, such as compliance reviews and investigations of other
complaints, including those against the recipient.

Sec. 35.35 Prohibition against intimidation or retaliation.

A recipient may not engage in acts of intimidation or retaliation
against any person who:
(a) Attempts to assert a right protected by the Act or this part;
or
(b) Cooperates in any mediation, investigation, hearing or other
part of CRC's investigation, conciliation, and enforcement process.

Sec. 35.36 Enforcement.

(a) DOL may enforce the Act and this part through:
(1) Termination of, or refusal to grant or continue, a recipient's
Federal financial assistance from DOL under the program or activity in
which the recipient has violated the Act or this part. Such enforcement
action may be taken only after a recipient has had an opportunity for a
hearing on the record before an administrative law judge.
(2) Any other means authorized by law, including, but not limited
to:
(i) Referral to the Department of Justice for proceedings to
enforce any rights of the United States or obligation of the recipient
created by the Act or this part; or
(ii) Use of any requirement of, or referral to, any Federal, State,
or local government agency that will have the effect of correcting a
violation of the Act or this part.
(b) Any termination or refusal under paragraph (a)(1) of this
section will be limited to the particular recipient and to the
particular program or activity found to be in violation of the Act or
this part. A finding with respect to a program or activity that does
not receive Federal financial assistance from DOL will not form any
part of the basis for termination or refusal.
(c) No action may be taken under paragraph (a) of this section
until:
(1) DOL has advised the recipient of its failure to comply with the
Act or with this part and has determined that voluntary compliance
cannot be obtained; and
(2) Thirty days have elapsed since DOL sent a written report of the
circumstances and grounds of the action to the committees of Congress
having jurisdiction over the program or activity involved.
(d) Deferral. DOL may defer granting new Federal financial
assistance to a recipient when termination proceedings under paragraph
(a)(1) of this section are initiated.
(1) New Federal financial assistance from DOL includes all
assistance for which DOL requires an application or approval, including
renewal or continuation of existing activities, or authorization of new
activities, during the deferral period. New Federal financial
assistance from DOL does not include increases in funding as a result
of changed computation of formula awards or assistance approved prior
to the initiation of a hearing under paragraph (a)(1) of this section.
(2) DOL may not defer a grant until the recipient has received
notice of an opportunity for a hearing under paragraph (a)(1) of this
section. A deferral may not continue for more than 60 days unless a
hearing has begun within the 60-day period or the recipient and DOL
have mutually agreed to extend the time for beginning the hearing. If
the hearing does not result in a finding against the recipient, the
deferral may not continue for more than 30 days after the close of the
hearing.

Sec. 35.37 Hearings, decisions, and post-termination proceedings.

Certain DOL procedural provisions applicable to Title VI of the
Civil Rights Act of 1964 apply to DOL enforcement of these regulations.
They are found at 29 CFR 31.9 through 31.11.

Sec. 35.38 Procedure for disbursal of funds to an alternate
recipient.

(a) If funds are withheld from a recipient under this part, the
Secretary

[[Page 17575]]

may disburse the funds withheld directly to an alternate recipient.
(b) The Secretary will require any alternate recipient to
demonstrate:
(1) The ability to comply with the Act and this part; and
(2) The ability to achieve the goals of the Federal statute
authorizing the Federal financial assistance.

Sec. 35.39 Remedial action by recipient.

Where CRC finds discrimination on the basis of age in violation of
this Act or this part, the recipient shall take any remedial action
that CRC deems necessary to overcome the effects of the discrimination.
In addition, if a recipient funds or otherwise exercises control over
another recipient that has discriminated, both recipients may be
required to take remedial action.

Sec. 35.40 Exhaustion of administrative remedies.

(a) A complainant may file a civil action under the Act following
the exhaustion of administrative remedies. Administrative remedies are
exhausted if:
(1) One hundred eighty days have elapsed since the complainant
filed the complaint with CRC, and CRC has made no finding with regard
to the complaint; or
(2) CRC issues any finding in favor of the recipient.
(b) If CRC fails to make a finding within 180 days, or issues a
finding in favor of the recipient, CRC will promptly:
(1) Notify the complainant;
(2) Advise the complainant of his or her right to bring a civil
action for injunctive relief; and
(3) Inform the complainant that:
(i) The complainant may bring a civil action only in a United
States district court for the district in which the recipient is found
or transacts business;
(ii) A complainant who prevails in a civil action has the right to
be awarded the costs of the action, including reasonable attorney's
fees, but that the complainant must demand these costs in the complaint
filed with the court;
(iii) Before commencing the action, the complainant must give 30
days notice by registered mail to the Secretary, the Secretary of
Health and Human Services, the Attorney General of the United States,
and the recipient;
(iv) The notice required by paragraph (b)(3)(iii) of this section
must state the alleged violation of the Act, the relief requested, the
court in which the complainant is bringing the action, and whether or
not attorney's fees are demanded in the event that the complainant
prevails; and
(v) The complainant may not bring an action if the same alleged
violation of the Act by the same recipient is the subject of a pending
action in any court of the United States.

Appendix A to Part 35--Age Distinctions in Statutes Affecting Financial Assistance Administered by DOL
----------------------------------------------------------------------------------------------------------------
Section and age
Program Statute distinction Regulation
----------------------------------------------------------------------------------------------------------------
Employment and Training Administration
----------------------------------------------------------------------------------------------------------------
1. Senior Community Service Title V, Older Sec. 516(2) defines the 20 CFR part 641.
Employment Program (SCSEP). Americans Act term ``eligible
Amendments of 2000, individuals'' to mean
Pub. L. 106-501, 42 ``an individual who is
U.S.C.3056, 3056N. 55 years old or older,
who has a low income *
* *, except that, * *
*, any such individual
who is 60 years of
older shall have
priority * * *.
2. Job Corps......................... Title I, Subtitle C, Sec. 144 of WIA (29 20 CFR 670.400.
Workforce Investment U.S.C. 2884)
Act of 1998 (WIA), establishes
Pub. L. 105-220, 29 eligibility criteria
U.S.C. 2881-2901. for the Job Corps
program. These
criteria require an
enrollee to ``be--(1)
not less than age 16
and not more than age
21 on the date of
enrollment, except
that--(A) not more
than 20 percent of the
individuals enrolled
in the Job Corps may
be not less than age
22 and not more than
age 24 on the date of
enrollment; and (B)
either such maximum
age limitation may be
waived by the
Secretary, * * * in
the case of an
individual with a
disability.''
3. Indian and Native American Title I, Workforce Sec. 166(d)(2)(A)(ii) 20 CFR 668.430.
Supplemental Youth Services. Investment Act of 1998 of WIA (29 U.S.C.
(WIA), Pub. L. 105- 2911(d)(2)(A)(ii))
220, 29 U.S.C. 2911. states that funds made
available under the
program shall be used
for ``supplemental
services for Indian or
Native Hawaiian youth
on or near Indian
reservations and in
Oklahoma, Alaska, or
Hawaii.'' Sec. 101(13)
of WIA (29 U.S.C.
2801(13)) defines an
eligible youth as an
individual who ``is
not less than age 14
and not more than age
21 * * *''.
4. Migrant and Seasonal Farmworker Title I, Workforce Sec. 167 of WIA (29 20 CFR 669.670.
(MSFW) Youth Program. Investment Act of 1998 U.S.C. 2912) outlines
(WIA), Pub. L. 105- the MSFW program. WIA
220, 29 U.S.C. 2912. Sec. 127(b)(1)(A)(iii)
authorizes the MSFW
Youth Program. That
provision states that,
``the Secretary shall
make available 4
percent of such
portion to provide
youth activities under
sec. 167.'' Sec.
101(13) of WIA (29
U.S.C. 2801(13))
defines an eligible
youth as an individual
who ``is not less than
age 14 and not more
than age 21; * * *''.

[[Page 17576]]

5. Responsible Reintegration of Young Title I, Workforce (a) Sec. 171(b)(1) of 20 CFR 667.220.
Offenders (Youth Offender Investment Act of 1998 WIA (29 U.S.C.
Demonstration Project). (WIA), Pub. L. 105- 2916(b)(1)) states
220, 29 U.S.C. 2916; that the ``Secretary
Departments Of Labor, shall, through grants
Health And Human or contracts, carry
Services, And out demonstration and
Education, And Related pilot projects for the
Agencies Appropriation purpose of developing
Bill, 2003. and implementing
techniques and
approaches, and
demonstrating the
effectiveness of
specialized methods,
in addressing
employment and
training needs. Such
projects shall include
the provision of
direct services to
individuals to enhance
employment
opportunities and an
evaluation component *
* *.'' The Responsible
Reintegration of Young
Offenders program was
established in FY 2001
by DOL, in
collaboration with the
Departments of Health
and Human Services and
Justice, pursuant to
this authority.
(b) Senate Report 107-
84 on bill S. 1536
(Departments of Labor,
Health and Human
Services, and
Education, and Related
Agencies Appropriation
for FY 2002) noted
that the Responsible
Reintegration of Young
Offenders initiative
would ``link offenders
under age 35 with
essential services
that can help make the
difference in their
choices in the future
* * *'' (p. 25). DOL
has determined, based
upon the reentry needs
of states and local
communities, to
provide services to a
14-24 year-old subset
within this age limit.
See 66 FR 30754, 30755
(June 7, 2001).
6. WIA Youth Activities.............. Title I, Workforce WIA Sec. 129 (29 U.S.C. 20 CFR 664.200.
Investment Act of 1998 2854) provides the
(WIA), Pub. L. 105- standards for WIA-
220, 29 U.S.C. Sec. financially assisted
2854. services to eligible
youth. Eligible youth
is defined in Sec.
101(13) as an
individual who ``is
not less than age 14
and not more than age
21; * * *''.
7. Work Opportunity Tax Credits Small Business Job WOTC is intended to None.
(WOTCs). Protection Act of assist individuals
1996, Pub. L. 104-188, from groups with
26 U.S.C. 51. consistently high
unemployment rates by
providing tax credits
to their employers.
Sec. 1201(b) of the
Act (26 U.S.C. 51(d))
defines the targeted
groups, including high-
risk youth (26 U.S.C.
51(d)(1)(D)),
qualified summer youth
employee (26 U.S.C.
51(d)(1)(F)), and
qualified food stamp
recipient (26 U.S.C.
51(d)(1)(G)). The
definitions of ``high-
risk youth'' and
``qualified food stamp
recipient'' include a
requirement that the
individual have
``attained age 18 but
not age 25 on the
hiring date.'' 26
U.S.C. 51(d)(5)(A)(i),
51(d)(8)(A)(i). The
definition of
``qualified summer
youth employee''
includes a requirement
that the individual
have ``attained age 16
but not 18 on the
hiring date (or if
later, on May 1 of the
calendar year
involved).'' 26 U.S.C.
51(d)(2)(7)(A)(ii).
8. Youth Opportunity Grants.......... Title I, Workforce Sec. 169 provides that 20 CFR 664.820.
Investment Act of 1998 ``the Secretary shall
(WIA), Pub. L. 105- make grants to
220, 29 U.S.C. 2914. eligible local boards
and eligible entities
* * * to provide
activities * * * for
youth to increase the
long-term employment
of youth who live in
empowerment zones,
enterprise
communities, and high
poverty areas and who
seek assistance.'' It
defines ``youth'' as
``an individual who is
not less than age 14
and not more than age
21.''

[[Page 17577]]

9. Youth Apprenticeship Program...... 29 U.S.C. 50........... Sec. 1 of the National 29 CFR 29.2,
Apprenticeship Act of 29.5(b)(10).
1937 authorizes and
directs the Secretary
of Labor to promote
the labor standards
necessary to safeguard
the welfare of
apprentices, encourage
contracts of
apprenticeship, and
bring employers and
labor together to form
apprenticeships. An
apprentice is defined
in 29 CFR 29.2 of the
Act's implementing
regulations as ``a
worker at least 16
years of age, * * *,
who is employed to
learn a skilled trade
* * * under standards
of apprenticeship * *
*''. The regulations
also require that the
``eligible starting
age'' of an
apprenticeship program
be ``not less than 16
years.''
10. Trade Adjustment Assistance...... Trade Adjustment Sec. 246 of the Act 20 CFR part 617; see
Assistance Reform Act requires the Secretary also TAA Training and
of 2002 (Pub. L. 107- of Labor to establish Employment Guidance
210), 19 U.S.C. 2318. a demonstration Letter, 67 FR 69029
project for (Nov. 14, 2002).
alternative trade
adjustment assistance
(ATAA) for workers age
50 or older. Under
this demonstration
project, workers
petitioning for
certification under
the Trade Adjustment
Assistance (TAA)
program may request
certification under
the ATAA program as
well. Certification
will be granted if a
number of conditions
are met, including
that a significant
number of workers in
the affected firm are
50 or over. Once the
worker group is
certified, individual
workers may choose the
program they prefer.
Additional
qualifications for
individual workers
include an age at
least 50.
--------------------------------------
Employment Standards Administration
----------------------------------------------------------------------------------------------------------------
11. Defense Base..................... Defense Base Act, Pub. The Defense Base Act 20 CFR part 702.
L. 77-208, Act of Aug. (DBA) extends the
16, 1941, ch. 357, 55 provisions of the
Stat. 623, 42 U.S.C. Longshore and Harbor
1651-1654. Workers' Compensation
Act, 33 U.S.C. 901-
950, ``except as
modified'' in the DBA
to certain persons
employed at military
bases outside the
continental United
States. DBA sec. 2(b),
42 U.S.C. 1652(b),
provides that
compensation for
disability or death to
aliens and non-
nationals of the
United States who are
not residents of the
United States or
Canada under the
Defense Base Act is in
the same amount as
residents, ``except
that dependents in any
foreign country shall
be limited to
surviving wife and
child or children.''
The DBA does not
modify the LHWCA's
definition of a child
and the latter is
defined as a person
who is under 18 years
of age, or who though
18 years of age or
over, is wholly
dependent upon the
employee and incapable
of self-support by
reason of mental or
physical disability,
or is a student.

[[Page 17578]]

12. Energy Employees Occupational Energy Employees (a) The Energy 20 CFR 30.5(ee).
Illness Compensation Program. Occupational Illness Employees Occupational
Compensation Program Illness Compensation
Act, Pub. L. 106-398, Program Act (EEOICPA)
Title XXXVI, October provides compensation
30, 2000, 114 Stat. and medical benefits
1654 42 U.S.C. 7384 et to nuclear weapons
seq. industry employees or
their eligible
survivors who have
covered illnesses
related to exposure to
beryllium, cancers
related to exposure to
radiation, and chronic
silicosis. Some
uranium employees or
their eligible
survivors are also
eligible for
compensation under the
Act. Sec. 3628(e) of
EEOICPA, 42 U.S.C.
7384s(e)(1)(F)(ii), as
amended by Sec. 3151
of Pub. L. 107-107,
the National Defense
Authorization Act for
Fiscal Year 2002,
relating to claims for
radiogenic cancer,
beryllium illnesses,
or silicosis, provides
that notwithstanding
other provisions
pertaining to payments
in the case of
deceased persons, if
there is a surviving
spouse and ``at least
one child of the
covered employee who
is living and a minor
at the time of payment
and who is not a
recognized natural
child or adopted child
of such surviving
spouse, then half of
such payment shall be
made to such surviving
spouse, and the other
half of such payment
shall be made in equal
shares to each child
of the covered
employee who is living
and a minor at the
time of payment.''
(b) Sec. 3630(e) of
EEOICPA, 42 U.S.C.
7384u(e)(1)(F)(ii), as
amended by Sec. 3151
of Pub. L. 107-107,
the National Defense
Authorization Act for
Fiscal Year 2002,
relating to claims by
uranium employees
contains a provision
identical to that
described above in
Sec. 3628(e).
13. Federal Employees' Compensation.. Federal Employees' (a) Sec. 8101(8), 5 20 CFR 10.405, 10.410,
Compensation Act, Act U.S.C. 8108(8), 10.413-.417, 10.535-
of Sept. 7, 1916, ch. defines ``brother'' .537, 25.101 and
458, 39 Stat. 742 5 and ``sister'' as 25.202.
U.S.C. 8101-8151. meaning ``one who at
the time of the death
of the employee is
under 18 years of age
or over that age and
incapable of self-
support.''
(b) Sec. 8101(9), 5 .......................
U.S.C. 8108(9),
defines ``child'' as
``one who at the time
of the death of the
employee is under 18
years of age or over
that age and incapable
of self-support, and
includes stepchildren,
adopted children, and
posthumous children,
but does not include
married children.''
(c) Sec. 8101(10), 5 .......................
U.S.C. 8108(10),
defines ``grandchild''
as ``one who at the
time of the death of
the employee is under
18 years of age or
over that age and
incapable of self-
support.''
(d) Sec. 8101(17), 5 .......................
U.S.C. 8108(17),
defines ``student'' as
``an individual under
23 years of age who
has not completed 4
years of education
beyond the high school
level and who is
regularly pursuing a
full-time course of
study or training''.

[[Page 17579]]

(e) Sec. 8109, 5 U.S.C. .......................
8109, sets forth the
order of precedence
for payments of
scheduled awards
unpaid at the time of
the employee's death
from a cause other
than the employment-
related injury. It
establishes the order
as, ``if no child, to
the widow or widower,
if there are both a
widow or widower and a
child or children, one-
half to the widow or
widower and one-half
to the child or
children, [and] if
there is no widow or
widower, to the child
or children.''
(f) Sec. 8110(a), 5 .......................
U.S.C. 8110(a)(3),
defines ``dependent''
for purposes of
determining
eligibility for
augmented compensation
for dependents as
including ``an
unmarried child, while
living with the
employee or receiving
regular contributions
from the employee
toward his support,
and who is (A) under
18 years of age; or
(B) over 18 years of
age and incapable of
self-support because
of physical or mental
disability.''
Notwithstanding
paragraph (3),
compensation payable
for a child that would
otherwise end because
the child has reached
18 years of age shall
continue if he is a
student as defined by
section 8101 * * * at
the time he reaches 18
years of age for so
long as he continues
to be a student or
until he marries.''
(g) Sec. 8113(a), 5 .......................
U.S.C. 8113(a),
permits the Secretary,
after the time the
wage-earning capacity
of the individual
would probably have
increased but for the
injury, to recompute
prospectively the
monetary compensation
payable for disability
on the basis of an
assumed monthly pay
corresponding to the
probable increased
wage-earning capacity,
``if an individual (a)
was a minor or
employed in a
learner's capacity at
the time of injury and
(b) was not physically
or mentally
handicapped before the
injury.''
(h) Sec. 8115(a)(4), 5
U.S.C. 8115(a)(4),
states that the age of
an employee is one
factor that shall be
used in determining
his wage-earning
capacity for purposes
of eligibility for
partial disability
compensation when the
actual earnings of the
employee do not fairly
and reasonably
represent his wage-
earning capacity or
the employee has no
actual earnings.
(i) Sec. 8122(d)(1), 5
U.S.C. 8122(d)(1),
provides that the time
limitations for making
a claim under FECA do
not begin to run
against a minor until
he reaches 21 years of
age or has had a legal
representative
appointed.
(j) Sec. 8133(a), 5 .......................
U.S.C. 8133(a),
provides for
compensation if death
results from an injury
sustained in the
performance of duty
and makes such
compensation payable
in accordance with a
schedule that makes
numerous references to
children and
grandchildren.
(k) Sec. 8133(b)(1), 5 .......................
U.S.C. 8133(b)(1),
provides that the
compensation payable
for death under
subsection (a)
terminates for a widow
or widower if they die
or remarry before
reaching age 55.

[[Page 17580]]

(l) Sec. 8133(b)(2), 5
U.S.C. 8133(b)(2),
provides that the
compensation payable
for death under
subsection (a)
terminates for a
child, a brother, a
sister, or a
grandchild when they
die, marry, or become
18 years of age, or if
over age 18 and
incapable of self-
support becomes
capable of self-
support but such
compensation that
would otherwise end
because they reached
18 years of age shall
continue if they are a
student at the time
they reach 18 years of
age for as long as
they continue to be a
student or until they
marry.
(m) Sec. 8135(b), 5
U.S.C. 8135(b),
provides that if a
widow or widower
entitled to death
benefits remarries
before reaching age
55, they shall be paid
a lump sum equal to
twenty-four times the
monthly compensation
to which they were
entitled immediately
before the remarriage.
(n) Sec. 8141(a), 5
U.S.C. 8141(a), Civil
Air Patrol Cadets
under 18 years of age
are not covered by
FECA.
(o) Sec. 8141(b)(2), 5
U.S.C. 8141(b)(2),
volunteer civilian
members of the Civil
Air Patrol, other than
Civil Air Patrol
Cadets under 18 years
of age, are entitled
to death benefits
under sec. 8133 but
only receive certain
specified percentages
of those benefits with
no additional payments
for a child or
children in certain
circumstances.
14. Longshore and Harbor Workers' Longshore and Harbor (a) The Longshore and 20 CFR 702.142(a) and
Compensation. Workers' Compensation Harbor Workers' 702.222(a).
Act, Act of March 4, Compensation Act
1927, ch. 509, 44 (LHWCA) provides
Stat. 1424 33 U.S.C. workers' compensation
901-950. for maritime
employees. Sec. 2(14),
33 U.S.C. 902(14),
defines a child and
provides that a child,
grandchild, brother or
sister to include only
a person who is under
18 years of age, or
who though 18 years of
age or over, is wholly
dependent upon the
employee and incapable
of self-support by
reason of mental or
physical disability,
or is a student.
(b) Sec. 2(18), 33
U.S.C. 902(18),
defines a student as a
person regularly
pursuing a full-time
course of study or
training at certain
specified institutions
but not after he
reaches the age of 23
or has completed 4
years of education
beyond the high school
level, except that,
where his 23rd
birthday occurs during
a semester or other
enrollment period, he
shall continue to be
considered a student
until the end of such
semester or other
enrollment period. A
child is deemed not a
student during a
period of service in
the Armed Forces of
the United States. A
child is not deemed to
have ceased to be a
student during any
interim between school
years if certain
conditions are met.
(c) Sec. 8(d)(1), 33
U.S.C. 908(d)(1),
provides a scheme of
distribution for
payment of unpaid
scheduled permanent
partial disability
benefits when an
employee who is
receiving such
benefits dies from
causes other than the
injury. The
distribution contains
numerous references to
child or children.

[[Page 17581]]

(d) Sec. 9(b)-(d), 33
U.S.C. 909(b)-(d),
provide for the
payment of death
benefits and the
amount of such
payments varies in
part according to
whether the deceased
employee has a child
or children.
(e) Sec. 9(g), 33
U.S.C. 909(g),
provides that
compensation for
aliens who are not
residents (or about to
become residents) of
the United States or
Canada is the same as
for residents, except
that dependents in any
foreign country shall
be limited to
surviving wife and
child or children, or
if there be no
surviving wife or
child or children, to
surviving father or
mother whom the
employee has supported.
(f) Sec. 10(e), 33
U.S.C. 910(e),
provides that in
determining the
average weekly wages
of an employee who is
injured when a minor,
the fact can be
considered that under
normal conditions his
wages should be
expected to increase
during the period of
disability.
(g) Sec. 11, 33 U.S.C.
911, permits the
district director to
require the
appointment of a
guardian or other
representative for a
minor or any person
who is mentally
incompetent to receive
compensation payable
to the minor or
incompetent and to
exercise the powers
granted to or to
perform the duties
required of them under
the LHWCA.
(h) Sec. 13(c), 33
U.S.C. 913(c),
establishes the time
requirement for filing
a claim. The usual one
year time limit is not
applicable if the
person entitled to
compensation is
mentally incompetent
or a minor and such
person has no guardian
or other authorized
representative. This
freeze ends for a
minor when a guardian
is appointed or when
he becomes of age.
15. War Hazards Compensation......... War Hazards The War Hazards 20 CFR 61.203.
Compensation Act, Act Compensation Act
of Dec. 2, 1942, ch. provides that certain
668, Title I, 56 Stat. provisions of the FECA
1028 42 U.S.C. 1701- and the LHWCA apply to
1717. certain persons
employed by government
contractors outside
the continental United
States who sustain an
injury proximately
caused by a war risk
hazard. Sec. 101(c),
42 U.S.C. 1701(c),
provides that
compensation for
disability or death to
aliens and non-
nationals of the
United States who are
not residents of the
United States or
Canada under the Act
is in the same amount
as residents, ``except
that dependents in any
foreign country shall
be limited to
surviving wife or
husband and child or
children.''
16. Child Labor Restrictions......... Walsh-Healey Public The Act contains child 41 CFR part 50-201.
Contracts Act, 41 labor restrictions for
U.S.C. 35 et seq., government
manufacturing and
supply contracts.
17. Child Labor Restrictions......... Fair Labor Standards The Act contains child 29 CFR part 570.
Act, 29 U.S.C. 201 et labor restrictions
seq., applicable to almost
all employers
receiving Federal
financial assistance.

[[Page 17582]]

18. Black Lung Benefits.............. Black Lung Benefits (a) 30 U.S.C. 902(a), 20 CFR part 725,
Act, 30 U.S.C. 901-945. BLBA definition of subpart B.
``dependent'': refers
to sec. 902(g),
definition of
``child''.
(b) 30 U.S.C. 902(g),
BLBA definition of
``child'': defines a
child or step-child as
an individual who is
under 18 years of age;
defines a child who is
a ``student'' by cross-
reference to 42 U.S.C.
402(d)(7) (age 19) and
5 U.S.C. 8101(17) (age
23); and defines a
disabled child as one
whose disability began
before the age
specified in 42 U.S.C.
402(d) (age 22). 30
U.S.C.
922(a)(5)(1)(A), BLBA
criteria for
entitlement for a
minor's ``brother''
using same criteria
applicable to
``child''.
19. Black Lung Benefits.............. Black Lung Benefits This sec. defines who 20 CFR 725.301.
Act, 30 U.S.C. 901-945. may file a benefits
claim. Persons aged 18
or older may file
claims on their own
behalf, while persons
under age 18 generally
must rely on an
authorized individual
to file the claim
(with a limited
exception for certain
persons between 16 and
18 years of age).
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[FR Doc. 04-7006 Filed 4-1-04; 8:45 am]

BILLING CODE 4510-23-P