29 U.S.C. § 621 — Congressional statement of findings and

Page 144 TITLE 29—LABOR § 567 § 567. Labor-management dispute settlement ex- penses Appropriations in this Act or subsequent De- partments of Labor, Health and Human Serv- ices, and Education, and Related Agencies Ap- propriations Acts available for salaries and ex- penses shall be available for supplies, services, and rental of conference space within the Dis- trict of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor- management disputes. (Pub. L. 102–394, title I, § 101, Oct. 6, 1992, 106 Stat. 1798.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 102–170, title I, § 101, Nov. 26, 1991, 105 Stat. 1114. Pub. L. 101–517, title I, § 101, Nov. 5, 1990, 104 Stat. 2196. Pub. L. 101–166, title I, § 101, Nov. 21, 1989, 103 Stat. 1165. Pub. L. 100–202, § 101(h) [title I, § 101], Dec. 22, 1987, 101 Stat. 1329–256, 1329–263. Pub. L. 99–500, § 101(i) [H.R. 5233, title I, § 101], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title I, § 101], Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–178, title I, § 101, Dec. 12, 1985, 99 Stat. 1108. Pub. L. 98–619, title I, § 101, Nov. 8, 1984, 98 Stat. 3311. Pub. L. 98–139, title I, § 101, Oct. 31, 1983, 97 Stat. 877. Pub. L. 97–377, title I, § 101(e)(1) [title I, § 101], Dec. 21, 1982, 96 Stat. 1878, 1884. § 568. Acceptance of donations by Secretary The Secretary of Labor is authorized to ac- cept, in the name of the Department of Labor, and employ or dispose of in furtherance of au- thorized activities of the Department of Labor, during the fiscal year ending September 30, 1995, and each fiscal year thereafter, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. (Pub. L. 103–333, title I, § 105, Sept. 30, 1994, 108 Stat. 2548.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 103–112, title I, § 101, Oct. 21, 1993, 107 Stat. 1089. Pub. L. 102–394, title I, § 105, Oct. 6, 1992, 106 Stat. 1799. CHAPTER 13—EXEMPLARY REHABILITATION CERTIFICATES §§ 601 to 605. Repealed. Pub. L. 97–306, title III, § 311, Oct. 14, 1982, 96 Stat. 1442 Section 601, Pub. L. 90–83, § 6(a), Sept. 11, 1967, 81 Stat. 221, provided that Secretary of Labor act on any appli- cation for an Exemplary Rehabilitation Certificate re- ceived under this chapter from any person discharged or dismissed under conditions other than honorable, or who received a general discharge, at least three years before date of receipt of such application. Section 602, Pub. L. 90–83, § 6(b), Sept. 11, 1967, 81 Stat. 221, provided criteria for issuance of an Exemplary Re- habilitation Certificate and required notification of issuance of such certificate to Secretary of Defense and placement of certificate in military personnel file of person to whom it is issued. Section 603, Pub. L. 90–83, § 6(c), Sept. 11, 1967, 81 Stat. 221, specified certain types of notarized statements that might be used in support of an application for an Exem- plary Rehabilitation Certificate, and provided for inde- pendent investigations by Secretary of Labor and per- sonal appearances by applicant or appearance by coun- sel before Secretary. Section 604, Pub. L. 90–83, § 6(d), Sept. 11, 1967, 81 Stat. 221, provided that no benefits under any laws of United States (including but not limited to those relating to pensions, compensation, hospitalization, military pay and allowances, education, loan guarantees, retired pay, or other benefits based on military service) accrue to any person to whom an Exemplary Rehabilitation Certificate was issued under section 602 of this title un- less he would have been entitled to those benefits under his original discharge or dismissal. Section 605, Pub. L. 90–83, § 6(e), Sept. 11, 1967, 81 Stat. 221, provided that Secretary of Labor require national system of public employment offices established under chapter 4B of this title to accord special counseling and job development assistance to any person who had been discharged or dismissed under conditions other than honorable but who had been issued an Exemplary Reha- bilitation Certificate. § 606. Repealed. Pub. L. 97–306, title III, § 311, Oct. 14, 1982, 96 Stat. 1442; Pub. L. 97–375, title I, § 110(a), Dec. 21, 1982, 96 Stat. 1820 Section, Pub. L. 90–83, § 6(f), Sept. 11, 1967, 81 Stat. 221, directed Secretary of Labor to report to Congress not later than Jan. 15 of each year the number of cases re- viewed under this chapter and the number of certifi- cates issued. § 607. Repealed. Pub. L. 97–306, title III, § 311, Oct. 14, 1982, 96 Stat. 1442 Section, Pub. L. 90–83, § 6(g), Sept. 11, 1967, 81 Stat. 221, provided that in carrying out provisions of this chapter Secretary of Labor was authorized to issued regulations, delegate authority, and utilize services of the Civil Service Commission for making such inves- tigations as might have been mutually agreeable. CHAPTER 14—AGE DISCRIMINATION IN EMPLOYMENT Sec. 621. Congressional statement of findings and pur- pose. 622. Education and research program; rec- ommendation to Congress. 623. Prohibition of age discrimination. 624. Study by Secretary of Labor; reports to President and Congress; scope of study; im- plementation of study; transmittal date of reports. 625. Administration. 626. Recordkeeping, investigation, and enforce- ment. 627. Notices to be posted. 628. Rules and regulations; exemptions. 629. Criminal penalties. 630. Definitions. 631. Age limits. 632. Omitted. 633. Federal-State relationship. 633a. Nondiscrimination on account of age in Fed- eral Government employment. 634. Authorization of appropriations. § 621. Congressional statement of findings and purpose (a) The Congress hereby finds and declares that— Page 145 TITLE 29—LABOR § 622 (1) in the face of rising productivity and af- fluence, older workers find themselves dis- advantaged in their efforts to retain employ- ment, and especially to regain employment when displaced from jobs; (2) the setting of arbitrary age limits regard- less of potential for job performance has be- come a common practice, and certain other- wise desirable practices may work to the dis- advantage of older persons; (3) the incidence of unemployment, espe- cially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; (4) the existence in industries affecting com- merce, of arbitrary discrimination in employ- ment because of age, burdens commerce and the free flow of goods in commerce. (b) It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit ar- bitrary age discrimination in employment; to help employers and workers find ways of meet- ing problems arising from the impact of age on employment. (Pub. L. 90–202, § 2, Dec. 15, 1967, 81 Stat. 602.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; RULES AND REGULATIONS Section 16, formerly § 15, of Pub. L. 90–202, renum- bered by Pub. L. 93–259, § 28(b)(1), Apr. 8, 1974, 88 Stat. 74, provided that: ‘‘This Act [enacting this chapter] shall become effective one hundred and eighty days after enactment [Dec. 15, 1967], except (a) that the Sec- retary of Labor may extend the delay in effective date of any provision of this Act up to and additional ninety days thereafter if he finds that such time is necessary in permitting adjustments to the provisions hereof, and (b) that on or after the date of enactment [Dec. 15, 1967] the Secretary of Labor is authorized to issue such rules and regulations as may be necessary to carry out its provisions.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 119], Sept. 30, 1996, 110 Stat. 3009, 3009–23, provided in part that: ‘‘This section [amending section 623 of this title, enacting provisions set out as notes under section 623 of this title, and repealing provisions set out as a note under section 623 of this title] may be cited as the ‘Age Discrimination in Employment Amendments of 1996’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–433, § 1, Oct. 16, 1990, 104 Stat. 978, provided that: ‘‘This Act [amending sections 623, 626, and 630 of this title and enacting provisions set out as notes under this section and sections 623 and 626 of this title] may be cited as the ‘Older Workers Benefit Protection Act’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–592, § 1, Oct. 31, 1986, 100 Stat. 3342, provided that: ‘‘This Act [amending sections 623, 630, and 631 of this title and enacting provisions set out as notes under sections 622 to 624 and 631 of this title] may be cited as the ‘Age Discrimination in Employment Amendments of 1986’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–256, § 1, Apr. 6, 1978, 92 Stat. 189, provided that: ‘‘This Act [amending sections 623, 624, 626, 631, 633a, and 634 of this title and sections 8335 and 8339 of Title 5, Government Organization and Employees, re- pealing section 3322 of Title 5, and enacting provisions set out as notes under sections 623, 626, 631, and 633a of this title] may be cited as the ‘Age Discrimination in Employment Act Amendments of 1978’.’’ SHORT TITLE Pub. L. 90–202, § 1, Dec. 15, 1967, 81 Stat. 602, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Age Discrimination in Employment Act of 1967’.’’ SEVERABILITY Pub. L. 101–433, title III, § 301, Oct. 16, 1990, 104 Stat. 984, provided that: ‘‘If any provision of this Act [see Short Title of 1990 Amendment note above], or an amendment made by this Act, or the application of such provision to any person or circumstances is held to be invalid, the remainder of this Act and the amend- ments made by this Act, and the application of such provision to other persons and circumstances, shall not be affected thereby.’’ CONGRESSIONAL FINDING Pub. L. 101–433, title I, § 101, Oct. 16, 1990, 104 Stat. 978, provided that: ‘‘The Congress finds that, as a result of the decision of the Supreme Court in Public Employees Retirement System of Ohio v. Betts, 109 S.Ct. 256 (1989), legislative action is necessary to restore the original congressional intent in passing and amending the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), which was to prohibit discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations.’’ Executive Documents TRANSFER OF FUNCTIONS Functions vested by this section in Secretary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 622. Education and research program; rec- ommendation to Congress (a) The Secretary of Labor shall undertake studies and provide information to labor unions, management, and the general public concerning the needs and abilities of older workers, and their potentials for continued employment and contribution to the economy. In order to achieve the purposes of this chapter, the Sec- retary of Labor shall carry on a continuing pro- gram of education and information, under which he may, among other measures— (1) undertake research, and promote re- search, with a view to reducing barriers to the employment of older persons, and the pro- motion of measures for utilizing their skills; (2) publish and otherwise make available to employers, professional societies, the various media of communication, and other interested persons the findings of studies and other mate- rials for the promotion of employment; (3) foster through the public employment service system and through cooperative effort the development of facilities of public and pri- vate agencies for expanding the opportunities and potentials of older persons; (4) sponsor and assist State and community informational and educational programs.