42 U.S.C. § 6101 — Statement of purpose

Page 6644 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 6081 to 6083 Stat. 1317; amended Pub. L. 93–45, title III, § 301(b), June 18, 1973, 87 Stat. 95; Pub. L. 94–103, title I, §§ 101(a), 110(a), Oct. 4, 1975, 89 Stat. 486, 489; Pub. L. 95–602, title V, § 510(a), Nov. 6, 1978, 92 Stat. 3010; Pub. L. 97–35, title IX, § 911(c), Aug. 13, 1981, 95 Stat. 563; Pub. L. 98–221, title III, § 304, Feb. 22, 1984, 98 Stat. 35, authorized ap- propriations for State allotments, prior to the general amendment of this chapter by Pub. L. 98–527. Section 6062, Pub. L. 88–164, title I, § 152, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2681; amended Pub. L. 100–146, title IV, § 402, Oct. 29, 1987, 101 Stat. 853; Pub. L. 101–496, § 17, Oct. 31, 1990, 104 Stat. 1200; Pub. L. 103–230, title IV, § 403, Apr. 6, 1994, 108 Stat. 320; Pub. L. 105–12, § 9(l)(3), Apr. 30, 1997, 111 Stat. 28, provided for administration and operation grants. A prior section 6062, Pub. L. 88–164, title I, § 132, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1317; amended Pub. L. 94–103, title I, § 110(b)–(e)(1), title III, § 302(b)(1), Oct. 4, 1975, 89 Stat. 489, 490, 506; Pub. L. 94–278, title XI, § 1107(a) Apr. 22, 1976, 90 Stat. 416; Pub. L. 95–602, title V, § 510(b), Nov. 6, 1978, 92 Stat. 3010, related to allotments to States, prior to the gen- eral amendment of this chapter by Pub. L. 98–527. Section 6063, Pub. L. 88–164, title I, § 153, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2682; amended Pub. L. 100–146, title IV, § 403, Oct. 29, 1987, 101 Stat. 855; Pub. L. 101–496, § 18, Oct. 31, 1990, 104 Stat. 1203; Pub. L. 103–230, title IV, § 404, Apr. 6, 1994, 108 Stat. 324, related to applications. A prior section 6063, Pub. L. 88–164, title I, § 133, for- merly § 134, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1319; renumbered § 133 and amended Pub. L. 94–103, title I, §§ 110(e)(2), 111, title III, § 302(a), (b)(2), Oct. 4, 1975, 89 Stat. 490, 506; Pub. L. 95–602, title V, § 511, Nov. 6, 1978, 92 Stat. 3011, related to State plans, prior to the general amendment of this chapter by Pub. L. 98–527. Section 6064, Pub. L. 88–164, title I, § 154, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2683; amended Pub. L. 100–146, title IV, § 404, Oct. 29, 1987, 101 Stat. 857; Pub. L. 101–496, § 19, Oct. 31, 1990, 104 Stat. 1203; Pub. L. 103–230, title IV, § 405, Apr. 6, 1994, 108 Stat. 326, estab- lished the order of priorities for grant awards. A prior section 6064, Pub. L. 88–164, title I, § 134, for- merly § 137, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1323; amended Pub. L. 93–45, title III, § 301(c), June 18, 1973, 87 Stat. 95; renumbered § 134 and amended Pub. L. 94–103, title I, §§ 101(b), 113, title III, § 302(a), Oct. 4, 1975, 89 Stat. 486, 492, 506; Pub. L. 94–278, title XI, § 1107(b), (c), Apr. 22, 1976, 90 Stat. 416; Pub. L. 95–602, title V, § 514(b), Nov. 6, 1978, 92 Stat. 3017, related to payments to the States for planning, administra- tion, and services, prior to the general amendment of this chapter by Pub. L. 98–527. Section 6065, Pub. L. 88–164, title I, § 155, as added Pub. L. 103–230, title IV, § 406, Apr. 6, 1994, 108 Stat. 327, defined ‘‘State’’. A prior section 6065, Pub. L. 88–164, title I, § 135, for- merly § 138, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1323; renumbered § 135 and amended Pub. L. 94–103, title I, §§ 110(e)(3), 114, title III, § 302(a), (b)(3), Oct. 4, 1975, 89 Stat. 490, 493, 506; Pub. L. 95–602, title V, § 514(c), Nov. 6, 1978, 92 Stat. 3017, related to withholding of payments to States for planning, admin- istration, and services, prior to the general amendment of this chapter by Pub. L. 98–527. Section 6066, Pub. L. 88–164, title I, § 156, as added Pub. L. 103–230, title IV, § 406, Apr. 6, 1994, 108 Stat. 327; amended Pub. L. 104–183, § 4, Aug. 6, 1996, 110 Stat. 1694, authorized appropriations. Prior sections 6066 to 6068 were omitted in the general amendment of this chapter by Pub. L. 98–527. Section 6066, Pub. L. 88–164, title I, § 136, formerly § 140, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1324; renumbered § 136 and amended Pub. L. 94–103, title I, § 115, title III, § 302(a), (b)(4), Oct. 4, 1975, 89 Stat. 493, 506, related to nonduplication of pay- ments. Section 6067, Pub. L. 88–164, title I, § 137, formerly § 141, as added and renumbered § 137, Pub. L. 94–103, title I, § 116, title III, § 302(a), Oct. 4, 1975, 89 Stat. 493, 506; amended Pub. L. 95–602, title V, § 512, Nov. 6, 1978, 92 Stat. 3015, related to State Planning Councils. Section 6068, Pub. L. 88–164, title I, § 138, formerly § 142, as added, renumbered § 138, and amended Pub. L. 94–103, title I, § 117, title III, § 302(a), (b)(5), Oct. 4, 1975, 89 Stat. 494, 506, related to appeals, petitions, record, jurisdiction of courts of appeals, conclusiveness of find- ings, review by the Supreme Court, and stay of admin- istrative action. SUBCHAPTER V—PROJECTS OF NATIONAL SIGNIFICANCE §§ 6081 to 6083. Repealed. Pub. L. 106–402, title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737 Section 6081, Pub. L. 88–164, title I, § 161, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2683; amended Pub. L. 100–146, title V, § 501(a), Oct. 29, 1987, 101 Stat. 857; Pub. L. 101–496, § 20, Oct. 31, 1990, 104 Stat. 1203; Pub. L. 103–230, title V, § 502, Apr. 6, 1994, 108 Stat. 328, stated the purpose of this subchapter. A prior section 6081, Pub. L. 88–164, title I, § 145, as added Pub. L. 94–103, title I, § 105, Oct. 4, 1975, 89 Stat. 495; amended Pub. L. 95–602, title V, §§ 504(b)(2), (3), 513, Nov. 6, 1978, 92 Stat. 3006, 3016; Pub. L. 96–32, § 3(a), July 10, 1979, 93 Stat. 82; Pub. L. 97–35, title IX, § 913, Aug. 13, 1981, 95 Stat. 563; Pub. L. 98–221, title III, § 305, Feb. 22, 1984, 98 Stat. 35, set forth grant authority for special projects grants, prior to the general amendment of this chapter by Pub. L. 98–527. Section 6082, Pub. L. 88–164, title I, § 162, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2683; amended Pub. L. 100–146, title V, § 502, Oct. 29, 1987, 101 Stat. 857; Pub. L. 101–496, § 21, Oct. 31, 1990, 104 Stat. 1204; Pub. L. 103–230, title V, § 503, Apr. 6, 1994, 108 Stat. 328; Pub. L. 105–12, § 9(l)(4), Apr. 30, 1997, 111 Stat. 28, related to the Secretary’s grant authority. Section 6083, Pub. L. 88–164, title I, § 163, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2684; amended Pub. L. 100–146, title V, § 503, Oct. 29, 1987, 101 Stat. 858; Pub. L. 101–496, § 22, Oct. 31, 1990, 104 Stat. 1204; Pub. L. 103–230, title V, § 504, Apr. 6, 1994, 108 Stat. 331; Pub. L. 104–183, § 5, Aug. 6, 1996, 110 Stat. 1695, authorized appro- priations. 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 assist- ance. (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.) Editorial Notes 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’’. Page 6645 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6103 1978—Pub. L. 95–478 struck out ‘‘unreasonable’’ before ‘‘discrimination’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–272 effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99–272, title XIV, Apr. 7, 1986, 100 Stat. 329. 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 sec- tion 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 dis- crimination under, any program or activity re- ceiving 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 regula- tions, and anti-discrimination regulations; ef- fective date (1) Not later than one year after the trans- mission of the report required by section 6106(b) of this title, or two and one-half years after No- vember 28, 1975, whichever occurs first, the Sec- retary of Health and Human Services shall pub- lish in the Federal Register proposed general regulations to carry out the provisions of sec- tion 6102 of this title. (2)(A) The Secretary shall not publish such proposed general regulations until the expira- tion of a period comprised of— (i) the forty-five day period specified in sec- tion 6106(e) of this title; and (ii) an additional forty-five day period, im- mediately 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 sub- paragraph (A)(ii) shall include only days during which both Houses of the Congress are in ses- sion. (3) Not later than ninety days after the Sec- retary 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 com- ments received by the Secretary with respect to the regulations proposed under paragraph (1). (4) Not later than ninety days after the Sec- retary publishes final general regulations under paragraph (a)(3), the head of each Federal de- partment or agency which extends Federal fi- nancial 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 ex- emption (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 ac- tivity involved— (A) such action reasonably takes into ac- count 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 cri- teria 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 ex- emptions; 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, em- ployment agency, or labor organization, or with respect to any labor-management joint appren- ticeship 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 responsibil- ities 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.)