42 U.S.C. § 6103

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

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 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.

42 U.S.C. § 6103

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.

EDITORIAL NOTES

REFERENCES IN TEXTThe 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, 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.

AMENDMENTS1998-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".

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.

practices: The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.
Commission: the term "Commission" means the Commission on Civil Rights;
Federal department or agency: 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
Secretary: the term "Secretary" means the Secretary of Health and Human Services;
program or activity: 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.