US Code (Unofficial compilation from the Legal Information Institute) TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 76 AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS Please Note: This compilation of the US Code, current as of Jan. 4, 2012, has been prepared by the Legal Information Institute using data from the U.S. House of Representatives, Office of the Law Revision Counsel. It is not an official U.S. government publication. For more details please see: http://www.law.cornell.edu/uscode/uscprint.html. Notes on this document: The content in this document is taken directly from the US Code, with the following exceptions: page headers and footers, page numbering, and all formatting are artifacts of this presentation. Divider lines have been inserted between sections. The notes are set off by a vertical line and a larger left margin. The table of contents immediately following this title page is machine-generated from the headings in this portion of the Code. Commonly available fonts are used. The Legal Information Institute promotes worldwide, free public access to law via the Internet. Founded in 1992, the LII created the first legal information website. It continues to be a pre-eminent "law-not-com" publisher of legal information and an important outreach activity of the Cornell Law School.
TITLE 42 - THE PUBLIC HEALTH AND WELFARE 1 CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS 5 6101. Statement of purpose 5 6102. Prohibition of discrimination 5 6103. Regulations 5 6104. Enforcement 7 6105. Judicial review 9 6106. Study of discrimination based on age 9 6106a. Reports to the Secretary and Congress 11 6107. Definitions 11 - ii -
TITLE 42 THE PUBLIC HEALTH AND WELFARE TITLE 42 THE PUBLIC HEALTH AND WELFARE Chap....Sec. 1. The Public Health Service [Mostly Repealed or Omitted, See Chapter 6A]...1 1A. The Public Health Service; Supplemental Provisions [Transferred or Omitted]...71 2. Sanitation and Quarantine...81 3. Leprosy [Repealed]...121 3A. Cancer [Repealed]...137 4. Viruses, Serums, Toxins, Antitoxins, etc. [Repealed]...141 5. Maternity and Infancy Welfare and Hygiene [Repealed]...161 6. The Children s Bureau...191 6A. Public Health Service...201 7. Social Security...301 7A. Temporary Unemployment Compensation Program [Omitted]...1400 8. Low-Income Housing...1401 8A. Slum Clearance, Urban Renewal, and Farm Housing...1441 8B. Public Works or Facilities [Omitted]...1491 8C. Open-Space Land [Omitted or Repealed]...1500 9. Housing of Persons Engaged in National Defense...1501 10. Federal Security Agency [Transferred or Omitted]...1601 11. Compensation for Disability or Death to Persons Employed at Military, Air, and Naval Bases Outside United States...1651 12. Compensation for Injury, Death, or Detention of Employees of Contractors with United States Outside United States...1701 13. School Lunch Programs...1751 13A. Child Nutrition...1771 14. Development and Control of Atomic Energy [Transferred to Chapter 23]...1801 15. Disaster Relief [Repealed]...1851 15A. Reciprocal Fire Protection Agreements...1856 15B. Air Pollution Control [Transferred or Repealed]...1857 16. National Science Foundation...1861 16A. Grants for Support of Scientific Research [Repealed]...1891 16B. Contracts for Scientific and Technological Research...1900 17. Federal Employment Service [Transferred]...1901 18. Youth Medals...1921 19. Saline and Salt Waters [Repealed, Omitted, or Transferred]...1951 19A. Water Resources Research Program [Repealed]...1961 19B. Water Resources Planning...1962 20. Elective Franchise...1971 20A. Civil Rights Commission...1975 21. Civil Rights...1981 21A. Privacy Protection...2000aa 21B. Religious Freedom Restoration...2000bb 21C. Protection of Religious Exercise in Land Use and by Institutionalized Persons...2000cc 21D. Detainee Treatment...2000dd 21E. Privacy and Civil Liberties Protection and Oversight...2000ee 21F. Prohibiting Employment Discrimination on the Basis of Genetic Information...2000ff 22. Indian Hospitals and Health Facilities...2001 23. Development and Control of Atomic Energy...2011 24. Disposal of Atomic Energy Communities...2301 25. Federal Flood Insurance...2401 26. National Space Program [Repealed, Omitted, or Transferred]...2451 26A. National Space Grant College and Fellowship Program [Repealed or Transferred]...2486 26B. Biomedical Research in Space [Repealed or Transferred]...2487 27. Loan Service of Captioned Films and Educational Media for Handicapped...2491 28. Area Redevelopment Program [Omitted or Repealed]...2501 29. Juvenile Delinquency and Youth Offenses Control [Omitted]...2541 30. Manpower Development and Training Program [Repealed]...2571 31. Public Works Acceleration Program...2641 32. Third Party Liability for Hospital and Medical Care...2651 33. Community Mental Health Centers [Omitted, Transferred, or Repealed]...2661 34. Economic Opportunity Program...2701-1 -
TITLE 42 THE PUBLIC HEALTH AND WELFARE 35. Programs for Older Americans...3001 35A. Community Service Employment for Older Americans [Repealed]...3061 36. Compensation of Condemnees in Development Programs [Repealed]...3071 37. Community Facilities and Advance Land Acquisition...3101 38. Public Works and Economic Development...3121 39. Solid Waste Disposal [Omitted or Repealed, See Chapter 82]...3251 40. Soil Information Assistance for Community Planning and Resource Development...3271 41. Demonstration Cities and Metropolitan Development Program...3301 42. Narcotic Addict Rehabilitation...3401 43. Department of Health and Human Services...3501 44. Department of Housing and Urban Development...3531 45. Fair Housing...3601 46. Justice System Improvement...3701 47. Juvenile Delinquency Prevention and Control [Omitted or Repealed]...3801 48. Guarantees for Financing New Community Land Development [Repealed or Omitted]...3901 49. National Housing Partnerships...3931 50. National Flood Insurance...4001 51. Design and Construction of Public Buildings To Accommodate Physically Handicapped...4151 52. Intergovernmental Cooperation [Repealed, See Chapter 65 of Title 31]...4201 52A. Joint Funding Simplification [Repealed]...4251 53. Advisory Commission on Intergovernmental Relations...4271 54. Cabinet Committee on Opportunities for Spanish-Speaking People [Omitted]...4301 55. National Environmental Policy...4321 56. Environmental Quality Improvement...4371 57. Environmental Pollution Study...4391 58. Disaster Relief [Repealed or Transferred]...4401 59. National Urban Policy and New Community Development...4501 60. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Program...4541 61. Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs...4601 62. Intergovernmental Personnel Program...4701 63. Lead-Based Paint Poisoning Prevention...4801 63A. Residential Lead-Based Paint Hazard Reduction...4851 64. Public Service Employment Programs [Omitted]...4871 65. Noise Control...4901 66. Domestic Volunteer Services...4950 67. Child Abuse Prevention and Treatment and Adoption Reform...5101 68. Disaster Relief...5121 69. Community Development...5301 70. Manufactured Home Construction and Safety Standards...5401 71. Solar Energy...5501 72. Juvenile Justice and Delinquency Prevention...5601 73. Development of Energy Sources...5801 74. Nonnuclear Energy Research and Development...5901 75. Programs for Individuals With Developmental Disabilities [Repealed]...6000 76. Age Discrimination in Federally Assisted Programs...6101 77. Energy Conservation...6201 78. National Petroleum Reserve in Alaska...6501 79. Science and Technology Policy, Organization and Priorities...6601 80. Public Works Employment...6701 81. Energy Conservation and Resource Renewal...6801 82. Solid Waste Disposal...6901 83. Energy Extension Service...7001 84. Department of Energy...7101 85. Air Pollution Prevention and Control...7401 86. Earthquake Hazards Reduction...7701 87. Water Research and Development [Repealed or Transferred]...7801 88. Uranium Mill Tailings Radiation Control...7901 89. Congregate Housing Services...8001 90. Neighborhood and City Reinvestment, Self-Help and Revitalization...8101 91. National Energy Conservation Policy...8201 92. Powerplant and Industrial Fuel Use...8301-2 -
TITLE 42 THE PUBLIC HEALTH AND WELFARE 93. Emergency Energy Conservation...8501 94. Low-Income Energy Assistance...8601 95. United States Synthetic Fuels Corporation [Omitted]...8701 96. Biomass Energy and Alcohol Fuels...8801 97. Acid Precipitation Program and Carbon Dioxide Study...8901 98. Ocean Thermal Energy Conversion Research and Development...9001 99. Ocean Thermal Energy Conversion...9101 100. Wind Energy Systems...9201 101. Magnetic Fusion Energy Engineering...9301 102. Mental Health Systems...9401 103. Comprehensive Environmental Response, Compensation, and Liability...9601 104. Nuclear Safety Research, Development, and Demonstration...9701 105. Community Services Programs...9801 106. Community Services Block Grant Program...9901 107. Consumer-Patient Radiation Health and Safety...10001 108. Nuclear Waste Policy...10101 109. Water Resources Research...10301 109A. Membrane Processes Research...10341 109B. Secure Water...10361 110. Family Violence Prevention and Services...10401 111. Emergency Federal Law Enforcement Assistance...10501 112. Victim Compensation and Assistance...10601 113. State Justice Institute...10701 114. Protection and Advocacy for Individuals With Mental Illness...10801 115. Child Development Associate Scholarship Assistance Program...10901 116. Emergency Planning and Community Right-To-Know...11001 117. Encouraging Good Faith Professional Review Activities...11101 118. Alzheimer s Disease and Related Dementias Research...11201 119. Homeless Assistance...11301 120. Enterprise Zone Development...11501 121. International Child Abduction Remedies...11601 122. Native Hawaiian Health Care...11701 123. Drug Abuse Education and Prevention...11801 124. Public Housing Drug Elimination...11901 125. Renewable Energy and Energy Efficiency Technology Competitiveness...12001 126. Equal Opportunity for Individuals With Disabilities...12101 127. Coordinated Services for Children, Youth, and Families...12301 128. Hydrogen Research, Development, and Demonstration Program...12401 129. National and Community Service...12501 130. National Affordable Housing...12701 131. Housing Opportunities for Persons With AIDS...12901 132. Victims of Child Abuse...13001 133. Pollution Prevention...13101 134. Energy Policy...13201 135. Residency and Service Requirements in Federally Assisted Housing...13601 136. Violent Crime Control and Law Enforcement...13701 137. Management of Rechargeable Batteries and Batteries Containing Mercury...14301 138. Assisted Suicide Funding Restriction...14401 139. Volunteer Protection...14501 140. Criminal Justice Identification, Information, and Communication...14601 140A. Jennifer s Law...14661 141. Commercial Space Opportunities and Transportation Services [Repealed or Transferred]...14701 142. Poison Control Center Enhancement and Awareness [Repealed]...14801 143. Intercountry Adoptions...14901 144. Developmental Disabilities Assistance and Bill of Rights...15001 145. Public Safety Officer Medal of Valor and Tributes...15201 145A. Law Enforcement Congressional Badge of Bravery...15231 146. Election Administration Improvement...15301 147. Prison Rape Elimination...15601 148. Windstorm Impact Reduction...15701 149. National Energy Policy and Programs...15801 150. National Aeronautics and Space Programs, 2005 [Repealed, Omitted, or Transferred]...16601-3 -
TITLE 42 - CHAPTER 76 AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS 151. Child Protection and Safety...16901 152. Energy Independence and Security...17001 153. Community Safety Through Recidivism Prevention...17501 154. Combating Child Exploitation...17601 155. Aeronautics and Space Activities [Repealed, Omitted, or Transferred]...17701 156. Health Information Technology...17901 157. Quality, Affordable Health Care for All Americans...18001 158. Support for Pregnant and Parenting Teens and Women...18201 159. Space Exploration, Technology, and Science...18301-4 -
TITLE 42 - Section 6101 - Statement of purpose CHAPTER 76 AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS Sec. 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.) Amendments 1986 Pub. L. 99 272 struck out, including programs or activities receiving funds under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221 et seq.) after Federal financial assistance. 1978 Pub. L. 95 478 struck out unreasonable before discrimination. Effective Date of 1986 Amendment Amendment by Pub. L. 99 272 effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99 272. Effective Date of 1978 Amendment Amendment by Pub. L. 95 478 effective at the close of Sept. 30, 1978, see section 504 of Pub. L. 95 478, set out as a note under section 3001 of this title. Short Title Pub. L. 94 135, title III, 301, Nov. 28, 1975, 89 Stat. 728, provided that: The provisions of this title [enacting this chapter] may be cited as the Age Discrimination Act of 1975. 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 - 5 -
TITLE 42 - Section 6103 - Regulations 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. - 6 -
TITLE 42 - Section 6104 - Enforcement (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.) References in Text The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 634), as amended, referred to in subsec. (c)(2), is Pub. L. 90 202, Dec. 15, 1967, 81 Stat. 602, as amended, which is classified generally to chapter 14 ( 621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables. Codification In subsec. (c)(1), Job Training Partnership Act [29 U.S.C. 1501 et seq.] substituted for Comprehensive Employment and Training Act of 1974 (29 U.S.C. 801 et seq.), as amended pursuant to section 183 of the Job Training Partnership Act, Pub. L. 97 300, title I, Oct. 13, 1982, 96 Stat. 1357, which is classified to section 1592 of Title 29, Labor, and which provided in part that references in any other statute to the Comprehensive Employment and Training Act shall be deemed to refer to the Job Training Partnership Act. Amendments 1998 Subsec. (c)(1). Pub. L. 105 277 substituted Nothing for Except with respect to any program or activity receiving Federal financial assistance for public service employment under the Job Training Partnership Act, nothing. 1978 Subsec. (a)(4). Pub. L. 95 478, 401(b)(1), provided that the regulations shall not become effective until approved by the Secretary. Subsec. (a)(5). Pub. L. 95 478, 401(b)(2), substituted July 1, 1979 for January 1, 1979. Change of Name Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare in subsec. (a)(1) pursuant to section 509(b) of Pub. L. 96 88, which is classified to section 3508 (b) of Title 20, Education. Effective Date of 1978 Amendment Amendment by Pub. L. 95 478 effective at the close of Sept. 30, 1978, see section 504 of Pub. L. 95 478, set out as a note under section 3001 of this title. 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 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 in 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 - 7 -
TITLE 42 - Section 6104 - Enforcement 6103 of this title withholds funds pursuant to 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 section 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 Representatives 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 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 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. (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.) References in Text This Act, referred to in subsec. (e)(1), probably means Pub. L. 94 135, Nov. 28, 1975, 89 Stat. 713, as amended, known as the Older Americans Amendments of 1975. For complete classification of this Act to the Code, see Short Title of 1975 Amendment note set out under section 3001 of this title and Tables. - 8 -
TITLE 42 - Section 6105 - Judicial review Amendments 1978 Subsec. (b). Pub. L. 95 478, 401(d), authorized disbursement of withheld funds directly to organization or agency demonstrating ability to achieve the goals of the Federal statute authorizing the program or activity while complying with the regulations. Subsec. (e). Pub. L. 95 478, 401(c), substituted provisions relating to injunctions, notice of violations, and costs for provision making this section the exclusive remedy for the enforcement of the provisions of this chapter. Subsec. (f). Pub. L. 95 478, 401(c), added subsec. (f). Change of Name Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare in subsec. (e)(1) pursuant to section 509(b) of Pub. L. 96 88, which is classified to section 3508 (b) of Title 20, Education. Effective Date of 1978 Amendment Amendment by Pub. L. 95 478 effective at the close of Sept. 30, 1978, see section 504 of Pub. L. 95 478, set out as a note under section 3001 of this title. 6105. Judicial review (a) Provisions 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 may 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 considered committed to unreviewable agency discretion within the meaning of section 701(a)(2) of such title. (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 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, excluded from participation 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 elicit 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. - 9 -
TITLE 42 - Section 6106 - Study of discrimination based on age (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 105(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975d (b)). (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 recommendations 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. (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.) References in Text Section 105(b) of the Civil Rights Act of 1957, referred to in subsec. (c), is section 105(b) of Pub. L. 85 315, pt. I, Sept. 9, 1957, 71 Stat. 636, which was classified to section 1975d (b) of this title and was omitted from the Code. For further details, see Codification note set out preceding section 1975 of this title. Similar provisions are contained in section 4(c) of the Civil Rights Commission Act of 1983, Pub. L. 98 183, Nov. 30, 1983, 97 Stat. 1304, as amended, which is classified to section 1975b (c) of this title. Amendments 1977 Subsec. (d). Pub. L. 95 65 substituted two years for eighteen months and authorized the Commission to provide information and technical assistance regarding its findings and recommendations to Congress, the President, and heads of Federal departments and agencies for a ninety-day period following the transmittal of its report. Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. - 10 -
TITLE 42 - Section 6106a - Reports to the Secretary and Congress Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Previously, Committee on Human Resources of Senate changed to Committee on Labor and Human Resources of Senate effective Mar. 7, 1979, by Senate Resolution No. 30, 96th Congress. See Rule XXV of Standing Rules of Senate adopted Nov. 14, 1979. Committee on Labor and Public Welfare of Senate abolished and replaced by Committee on Human Resources of Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of Senate, as amended by Senate Resolution No. 4 (popularly cited as the Committee System Reorganization Amendments of 1977 ), approved Feb. 4, 1977. 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) 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. (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.) Prior Provisions A prior section 308 of Pub. L. 94 135 was renumbered section 309 and is classified to section 6107 of this title. Change of Name Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare pursuant to section 509(b) of Pub. L. 96 88, which is classified to section 3508 (b) of Title 20, Education. Effective Date Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95 478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title. 6107. Definitions For 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) - 11 -
TITLE 42 - Section 6107 - Definitions (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.) Amendments 2006 Par. (3). Pub. L. 109 435 substituted Postal Regulatory Commission for Postal Rate Commission. 2002 Par. (4)(B)(ii). Pub. L. 107 110 substituted 7801 for 8801. 1994 Par. (4)(B)(ii). Pub. L. 103 382 substituted section 8801 of title 20 for section 198(a)(10), of the Elementary and Secondary Education Act of 1965. 1988 Par. (4). Pub. L. 100 259 added par. (4). Change of Name Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare in par. (2), pursuant to section 509(b) of Pub. L. 96 88, which is classified to section 3508 (b) of Title 20, Education. Effective Date of 2002 Amendment Amendment by Pub. L. 107 110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107 110, set out as an Effective Date note under section 6301 of Title 20, Education. Exclusion From Coverage Amendment by Pub. L. 100 259 not to be construed to extend application of Age Discrimination Act of 1975 (this chapter) to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100 259, set out as a Construction note under section 1687 of Title 20, Education. Abortion Neutrality Amendment by Pub. L. 100 259 not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100 259, set out as a note under section 1688 of Title 20, Education. - 12 -