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Section 6101. Statement of purpose
It is the purpose of this chapter to prohibit discrimination on the basis of
age in programs or activities receiving Federal financial assistance.
Section 6102. Prohibition of discrimination
Pursuant to regulations prescribed under section 6103 of this title, and
except as provided by section 6103(b) of this title and section 6103(c) of this
title, no person in the United States shall, on the basis of age, be excluded
from participation, in be denied the benefits of, or be subjected to
discrimination under, any program or activity receiving Federal financial
assistance.
Section 6103. Regulations
(a) Publication in Federal Register of proposed general
regulations, final general regulations, and anti-discrimination regulations;
effective date.
(1) Not later than one year after the transmission of the report required by
section 6106(b) of this title, or two and one-half years after November 28,
1975, whichever occurs first, the Secretary of Health and Human Services shall
publish in the Federal Register proposed general regulations to carry out the
provisions of section 6102 of this title.
(2)(A) The Secretary shall not publish such proposed general regulations
until the expiration of a period comprised of--
(i) the forty-five day period specified in section 6016(e) of this title,
and
(ii) an additional forty-five day period, immediately following the period
described in clause (i), during which any committee of the Congress having
jurisdiction over the subject matter involved may conduct hearings with respect
to the report which the Commission is required to transmit under section 6106(d)
of this title, and with respect to the comments and recommendations submitted by
Federal departments and agencies under section 6106(e) of this title.
(B) The forty-five day period specified in subparagraph (A)(ii) shall
include only days during which both Houses of the Congress are in session.
(3) Not later than ninety days after the Secretary publishes proposed
regulations under paragraph (1), the Secretary shall publish in the Federal
Register final general regulations to carry out the provisions of section
6106(e) of this title, after taking into consideration any comments received by
the Secretary with respect to the regulations proposed under paragraph (1).
(4) Not later than ninety days after the Secretary publishes final general
regulations under paragraph (a)(3), the head of each federal department or
agency which extends Federal financial assistance to any program or activity by
way of grant, entitlement, loan, or contract other than a contract of insurance
or guaranty, shall transmit to the Secretary and publish in the Federal Register
proposed regulations to carry out the provisions of section 6102 of this title
and to provide appropriate investigative, conciliation, and enforcement
procedures. Such regulations shall be consistent with the final general
regulations issued by the Secretary, and shall not become effective until
approved by the Secretary.
(5) Notwithstanding any other provision of this section, no regulations
issued pursuant to this section shall be effective before July 1, 1979.
(b) Nonviolative actions; program or activity exemption.
(1) it shall not be a violation of any provision of this chapter, or of any
regulation issued under this chapter, for any person to take any action
otherwise prohibited by the provisions of section 6102 of this title if, in the
program or activity involved--
(A) Such action reasonably takes into account age as a factor necessary to
the normal operation or the achievement of any statutory objective of such
program or activity; or
(B) the differentiation made by such action is based upon reasonable factors
other than age.
(2) The provisions of this chapter shall not apply to any program or
activity established under authority of any law which (A) provides any benefits
or assistance to persons based upon the age of such persons; or (B) establishes
criteria for participation in age-related terms or describes intended
beneficiaries or target groups in such terms.
(c) Employment practices and labor-management joint apprenticeship
training program exemptions; Age Discrimination in Employment Act unaffected.
(1) Except with respect to any program or activity receiving Federal
financial assistance for public service employment under the Job Training
Partnership Act of 1982 (29 U.S.C. § 1501 et seq.), nothing in this chapter
shall be construed to authorize action under this chapter by any Federal
department or agency with respect to any employment practice of any employer,
employment agency, or labor organization, or with respect to any
labor-management joint apprenticeship training program.
(2) Nothing in this chapter shall be construed to amend or modify the Age
Discrimination in Employment Act of 1967(29 U.S.C. §§ 621-634) as
amended, or to affect the rights of responsibilities of any person or party
pursuant to such Act.
Section 6104. Enforcement
(a) Methods of achieving compliance with regulations.
The head of any Federal department or agency who prescribes regulations
under section 6103 of this title, may seek to achieve compliance with any
regulation--
(1) by terminating, or refusing to grant or to continue, assistance under
the program or activity involved to any recipient with respect to whom there has
been an express finding on the record, after reasonable notice and opportunity
for hearing, of a failure to comply with any such regulation; or
(2) by any other means authorized by law.
(b) Limitations on termination of, or on refusal to grant or to
continue, assistance; disbursement of withheld funds to achiever agencies.
Any termination of, or refusal to grant or to continue, assistance under
subsection (a)(1) of this section shall be limited to the particular political
entity or other recipient with respect to which a finding has been made under
subsection (a)(1) of this section. Any such termination or refusal shall be
limited to its effect to the particular program or activity, or part of such
program or activity, with respect to which such finding has been made. No such
termination or refusal shall be based in whole or in part on any finding with
respect to any program or activity which does not receive Federal financial
assistance. Whenever the head of any Federal department or agency who
prescribes regulations under section 6103 of this title withholds funds pursuant
to the subsection (a) of this section, he may, in accordance with regulations he
shall prescribe, disburse the funds so withheld directly to any public or
nonprofit private organization or agency, or State or political subdivision
thereof, which demonstrates the ability to achieve the goals of the Federal
statute authorizing the program or activity while complying with regulations
issued under section 6103 of this title.
(c) Advice as to failure to comply with regulation; determination
that compliance cannot be secured by voluntary means
No action may be taken under subsection (a) of this title until the head of
the Federal department or agency involved has advised the appropriate person of
the failure to comply with the regulation involved and has determined that
compliance cannot be secured by voluntary means.
(d) Report to congressional committees
In the case of any action taken under subsection (a) of this section, the
head of the Federal department or agency involved shall transmit a written
report of the circumstances and grounds of such action to the committees of the
House of Representative and the Senate having legislative jurisdiction over the
program or activity involved. No such action shall take effect until thirty
days after the transmission of any such report.
(e) Injunctions; notice of violations; costs; conditions of actions
(1) When any interested person brings an action in any United States
district court for the district in which the defendant is found or transacts
business to enjoin a violation of this Act by any program or activity receiving
Federal financial assistance, such interested person shall give notice by
registered mail not less than 30 days prior to the commencement of that action
to the Secretary of Health and Human Services, the Attorney General of the
United States, and the person against whom the action is directed. Such
interested person may elect, by a demand for such relief in his complaint, to
recover reasonable attorney's fees, in which case the court shall award the
costs of suit, including a reasonable attorney's fee, to the prevailing
plaintiff.
(2) The notice referred to in paragraph (1) shall state the nature of the
alleged violation, the relief to be requested, the court in which the action
will be brought, and whether or not attorney's fees are being demanded in the
event the plaintiff prevails. No action described in paragraph (1) shall be
brought (A) if at the time the action is brought the same alleged violation by
the same defendant is the subject of a pending action in any court of the United
States; or (B) if administrative remedies have not been exhausted.
(f) Exhaustion of administrative remedies
With respect to actions brought for relief based on an alleged violation of
the provisions of this chapter, administrative remedies shall be deemed
exhausted upon the expiration of 180 days from the filing of an administrative
complaint during which time the Federal department or agency makes no finding
with regard to the complaint, or upon the day that the Federal department or
agency issues a finding in favor of the recipient of financial assistance,
whichever occurs first.
Section 6105. Judicial review
(a) Revisions of other laws
Any action by any Federal Department or agency under section 6104 of this
title shall be subject to such judicial review as any otherwise be provided by
law for similar action taken by any such department or agency on other grounds.
(b) Provisions of Chapter 7 of Title 5; reviewable agency
discretion
In the case of any action by any Federal department or agency under section
6104 of this title which is not otherwise subject to judicial review, any person
aggrieved (including any State or political subdivision thereof and any agency
of either) may obtain judicial review of such action in accordance with the
provisions of chapter 7 of Title 5. For purposes of this subsection, any such
action shall not be purposes of this subsection, any such action shall not be
considered committed to unreviewable agency discretion within the meaning of
section 701(a)(2) of such title.
Section 6106. Study of discrimination based on age
(a) Study by Commission on Civil Rights
The Commission on Civil Rights shall (1) undertake a study of unreasonable
discrimination based on age in programs and activities receiving Federal
financial assistance; and (2) identify with particularity any such federally
assisted program or activity in which there is found evidence of persons who are
otherwise qualified being, on the basis of age, excluding from particpation in,
denied the benefits of, or subjected to discrimination under such program or
activity.
(b) Public hearings
As part of the study required by this section, the Commission shall conduct
public hearings to elicity the views of interested parties, including Federal
departments and agencies, on issues relating to age discrimination in programs
and activities receiving Federal financial assistance, and particularly with
respect to the reasonableness of distinguishing, on the basis of age, among
potential participants in, or beneficiaries of, specific federally assisted
programs.
(c) Publication of results of analyses, research and studies by
independent experts; services of voluntary or uncompensated personnel
The Commission is authorized to obtain through grant or contract, analyses,
research and studies by independent experts of issues relating to age
discrimination and to publish the results thereof. For purposes of the study
required by this section, the Commission may accept and utilize the services of
voluntary or uncompensated personnel, without regard to the provisions of
section 1975d(b) of this title.
(d) Report to President and Congress; copies to affected Federal
departments and agencies; information and technical assistance
Not later than two years after November 28, 1975, the Commission shall
transmit a report of its findings and its recommendations for statutory changes
(if any) and administrative action, including suggested general regulations, to
the Congress and to the President and shall provide a copy of its report to the
head of each Federal department and agency with respect to which the Commission
makes findings or recommendations. The Commission is authorized to provide,
upon request, information and technical assistance regarding its findings and
recommendations to Congress, to the President, and to the heads of Federal
departments and agencies for a ninety-day period following the transmittal of
its report.
(e) Comments and recommenations of Federal departments and
agencies; submission to President and Congressional committees
Not later than forty-five working days after receiving a copy of the report
required by subsection (d) of this section, each Federal department or agency
with respect to which the Commission makes findings or recommendations shall
submit its comments and recommendations regarding such report to the President
and to the Committee on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of Representatives.
(f) Cooperation of Federal departments and agencies with
Commission
The head of each Federal department or agency shall cooperate in all
respects with the Commission with respect to the study required by subsection
(a) of this section, and shall provide to the Commission such data, reports, and
documents in connection with the subject matter of such study as the Commission
may request.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to
carry out the provisions of this section.
§ 6106a. Reports to the Secretary and Congress
(a) Reports to Secretary
Not later than December 31 of each year (beginning in 1979), the head of
each Federal department or agency shall submit to the Secretary of Health and
Human Services a report (1) describing in detail the steps taken during the
preceding fiscal year by such department or agency to carry out the provisions
of section 6102 of this title; and (2) containing specific data about program
participants or beneficiaries, by age, sufficient to permit analysis of how well
the department or agency is carrying out the provisions of section 6102 of this
title.
(b) Reports to Congress
Not later than March 31 of each year (beginning in 1980), the Secretary of
Health and Human Services shall compile the reports made pursuant to subsection
(a) of this section and shall submit them to the Congress, together with an
evaluation of the performance of each department or agency with respect to
carrying out the provisions of section 6102 of this title.
§ 6107. Definitions
For the purposes of this chapter--
(1) the term "Commission" means the Commission on Civil Rights;
(2) the term "Secretary" means the Secretary of Health and Human
Services;
(3) the term "Federal department or agency" means any agency as
defined in section 551 of Title 5 and includes the United States Postal Service
and the Postal Rate Commission; and
(4)the term "program or activity" means all of the operations of
--
(A)(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;
(B)(i) a college, university, or other postsecondary institution, or a
public system of higher education; or
(ii) a local educational agency (as defined in section 8801 of Title 20),
system of vocational education, or other school system;
"(C)(i) an entire corporation, partnership, or other private
organization, or an entire sole proprietorship --
"(I) if assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
"(II) 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
"(D) any other entity which is established by two or more of the
entities described in paragraph (A), (B) or (C);
any part of which is extended Federal financial assistance.
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