Collapse to view only § 6105. Judicial review
- § 6101. Statement of purpose
- § 6102. Prohibition of discrimination
- § 6103. Regulations
- § 6104. Enforcement
- § 6105. Judicial review
- § 6106. Study of discrimination based on age
- § 6106a. Reports to the Secretary and Congress
- § 6107. Definitions
§ 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.
(Pub. L. 94–135, title III, § 302, Nov. 28, 1975, 89 Stat. 728; Pub. L. 95–478, title IV, § 401(a), Oct. 18, 1978, 92 Stat. 1555; Pub. L. 99–272, title XIV, § 14001(b)(4), Apr. 7, 1986, 100 Stat. 329.)
§ 6102. Prohibition of discrimination
Pursuant to regulations prescribed under section 6103 of this title, and except as provided by section 6103(b) 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.
(Pub. L. 94–135, title III, § 303, Nov. 28, 1975, 89 Stat. 728.)
§ 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 6106(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 6102 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) 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 or responsibilities of any person or party pursuant to such Act.
(Pub. L. 94–135, title III, § 304, Nov. 28, 1975, 89 Stat. 729; Pub. L. 95–478, title IV, § 401(b), Oct. 18, 1978, 92 Stat. 1555; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(37)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427.)
§ 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 such 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
(c) Advice as to failure to comply with regulation; determination that compliance cannot be secured by voluntary means
(d) Report to Congressional committees
(e) Injunctions; notice of violations; costs; conditions for 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 that 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
(Pub. L. 94–135, title III, § 305, Nov. 28, 1975, 89 Stat. 730; Pub. L. 95–478, title IV, § 401(c), (d), Oct. 18, 1978, 92 Stat. 1555, 1556; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 6105. Judicial review
(a) Provisions of other laws
(b) Provisions of chapter 7 of title 5; reviewable agency discretion
(Pub. L. 94–135, title III, § 306, Nov. 28, 1975, 89 Stat. 730.)
§ 6106. Study of discrimination based on age
(a) Study by Commission on Civil Rights
(b) Public hearings
(c) Publication of results of analyses, research and studies by independent experts; services of voluntary or uncompensated personnel
(d) Report to President and Congress; copies to affected Federal departments and agencies; information and technical assistance
(e) Comments and recommendations of Federal departments and agencies; submission to President and Congressional committees
(f) Cooperation of Federal departments and agencies with Commission
(g) Authorization of appropriations
(Pub. L. 94–135, title III, § 307, Nov. 28, 1975, 89 Stat. 731; S. Res. 4, Feb. 4, 1977; Pub. L. 95–65, § 1, July 11, 1977, 91 Stat. 269; S. Res. 30, Mar. 7, 1979.)
§ 6106a. Reports to the Secretary and Congress
(a) 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) 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) 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.
(Pub. L. 94–135, title III, § 308, as added Pub. L. 95–478, title IV, § 401(e), Oct. 18, 1978, 92 Stat. 1556; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 6107. DefinitionsFor 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 Regulatory 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 7801 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 subparagraph (A), (B), or (C);
any part of which is extended Federal financial assistance.
(Pub. L. 94–135, title III, § 309, formerly § 308, Nov. 28, 1975, 89 Stat. 731; renumbered § 309, Pub. L. 95–478, title IV, § 401(e), Oct. 18, 1978, 92 Stat. 1556; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–259, § 5, Mar. 22, 1988, 102 Stat. 30; Pub. L. 103–382, title III, § 391(u), Oct. 20, 1994, 108 Stat. 4025; Pub. L. 107–110, title X, § 1076(z), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 114–95, title IX, § 9215(d), Dec. 10, 2015, 129 Stat. 2166.)