
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6103]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
      CHAPTER 76--AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
 
Sec. 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, Sec. 304, Nov. 28, 1975, 89 Stat. 729; Pub. 
L. 95-478, title IV, Sec. 401(b), Oct. 18, 1978, 92 Stat. 1555; Pub. L. 
96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-
300, title I, Sec. 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Sec. 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 (Sec. 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, Sec. 401(b)(1), provided that 
the regulations shall not become effective until approved by the 
Secretary.
    Subsec. (a)(5). Pub. L. 95-478, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 6102, 6104 of this title.
