(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.
Sec. 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
(1)
not less than age 16
and not more than age
21 on the date of
enrollment, except
(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; * * *''.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.''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.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''.
(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.
(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.
(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.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).----------------------------------------------------------------------------------------------------------------