29 Usc 621

Page 129

§ 621

TITLE 29—LABOR

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 accept, in the name of the Department of Labor,
and employ or dispose of in furtherance of authorized 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.)

§ 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 Repealed.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 investigations as might have been mutually agreeable.

CHAPTER 14—AGE DISCRIMINATION IN
EMPLOYMENT
Sec.

621.
622.

PRIOR PROVISIONS

623.
624.

Provisions similar to those in this section were contained 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.

625.
626.

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 Repealed.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 application for an Exemplary Rehabilitation Certificate received 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 Rehabilitation 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 Exemplary Rehabilitation Certificate, and provided for independent investigations by Secretary of Labor and personal appearances by applicant or appearance by counsel 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 unless 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 Rehabilitation 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 reviewed under this chapter and the number of certificates issued.

627.
628.
629.
630.
631.
632.
633.
633a.
634.

Congressional statement of findings and purpose.
Education and research program; recommendation to Congress.
Prohibition of age discrimination.
Study by Secretary of Labor; reports to
President and Congress; scope of study; implementation of study; transmittal date of
reports.
Administration.
Recordkeeping, investigation, and enforcement.
Notices to be posted.
Rules and regulations; exemptions.
Criminal penalties.
Definitions.
Age limits.
Omitted.
Federal-State relationship.
Nondiscrimination on account of age in Federal Government employment.
Authorization of appropriations.

§ 621. Congressional statement of findings and
purpose
(a) The Congress hereby finds and declares
that—
(1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment
when displaced from jobs;
(2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons;
(3) the incidence of unemployment, especially 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 commerce, of arbitrary discrimination in employment 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 arbitrary age discrimination in employment; to
help employers and workers find ways of meeting problems arising from the impact of age on
employment.
(Pub. L. 90–202, § 2, Dec. 15, 1967, 81 Stat. 602.)
EFFECTIVE DATE; RULES AND REGULATIONS
Section 16, formerly § 15, of Pub. L. 90–202, renumbered by Pub. L. 93–259, § 28(b)(1), Apr. 8, 1974, 88 Stat.

§ 622

TITLE 29—LABOR

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 Secretary 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, repealing 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
Section 1 of Pub. L. 90–202 provided: ‘‘That this Act
[enacting this chapter] may be cited as the ‘Age Discrimination in Employment Act of 1967’.’’
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.
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 amendments 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

Page 130

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.’’

§ 622. Education and research program; recommendation 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 Secretary of Labor shall carry on a continuing program of education and information, under which
he may, among other measures—
(1) undertake research, and promote research, with a view to reducing barriers to the
employment of older persons, and the promotion 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 materials for the promotion of employment;
(3) foster through the public employment
service system and through cooperative effort
the development of facilities of public and private agencies for expanding the opportunities
and potentials of older persons;
(4) sponsor and assist State and community
informational and educational programs.
(b) Not later than six months after the effective date of this chapter, the Secretary shall
recommend to the Congress any measures he
may deem desirable to change the lower or
upper age limits set forth in section 631 of this
title.
(Pub. L. 90–202, § 3, Dec. 15, 1967, 81 Stat. 602.)
REFERENCES IN TEXT
The effective date of this chapter, referred to in subsec. (b), means the effective date of Pub. L. 90–202,
which is one hundred and eighty days after the enactment of this chapter, except that the Secretary of
Labor may extend the delay in effective date an additional ninety days thereafter for any provision to permit adjustments to such provisions. See section 16 of
Pub. L. 90–202, set out as a note under section 621 of
this title.
STUDY AND PROPOSED GUIDELINES RELATING TO POLICE
OFFICERS AND FIREFIGHTERS
Pub. L. 99–592, § 5, Oct. 31, 1986, 100 Stat. 3343, provided
that:
‘‘(a) STUDY.—Not later than 4 years after the date of
enactment of this Act [Oct. 31, 1986], the Secretary of
Labor and the Equal Employment Opportunity Commission, jointly, shall—
‘‘(1) conduct a study—
‘‘(A) to determine whether physical and mental
fitness tests are valid measurements of the ability
and competency of police officers and firefighters
to perform the requirements of their jobs,
‘‘(B) if such tests are found to be valid measurements of such ability and competency, to determine
which particular types of tests most effectively
measure such ability and competency, and
‘‘(C) to develop recommendations with respect to
specific standards that such tests, and the administration of such tests should satisfy, and