US (United States) Code. Title 42. Chapter 76: Age discrimination in federally assisted programs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY

ASSISTED PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-MISC1-

Sec.

6101. Statement of purpose.

6102. Prohibition of discrimination.

6103. Regulations.

(a) Publication in Federal Register of proposed

general regulations, final general

regulations, and anti-discrimination

regulations; effective date.

(b) Nonviolative actions; program or activity

exemption.

(c) Employment practices and labor-management joint

apprenticeship training program exemptions;

Age Discrimination in Employment Act

unaffected.

6104. Enforcement.

(a) Methods of achieving compliance with

regulations.

(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.

(f) Exhaustion of administrative remedies.

6105. Judicial review.

(a) Provisions of other laws.

(b) Provisions of chapter 7 of title 5; reviewable

agency discretion.

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.

6106a. Reports to the Secretary and Congress.

6107. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 290cc-33, 300w-7,

300x-57, 608, 708, 1437aaa-1, 1437aaa-2, 1760, 2000d-7, 3608, 5057,

5309, 6727, 8625, 9918, 10406, 11386, 11394, 12635, 12832, 12872,

12873, 12892, 12893, 12899b, 12899c of this title; title 20

sections 1221, 1231e, 7221i; title 29 section 2938; title 31

section 6711.

-End-

-CITE-

42 USC Sec. 6101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6101. Statement of purpose

-STATUTE-

It is the purpose of this chapter to prohibit discrimination on

the basis of age in programs or activities receiving Federal

financial assistance.

-SOURCE-

(Pub. L. 94-135, title III, Sec. 302, Nov. 28, 1975, 89 Stat. 728;

Pub. L. 95-478, title IV, Sec. 401(a), Oct. 18, 1978, 92 Stat.

1555; Pub. L. 99-272, title XIV, Sec. 14001(b)(4), Apr. 7, 1986,

100 Stat. 329.)

-MISC1-

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, Sec. 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'."

-End-

-CITE-

42 USC Sec. 6102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6102. Prohibition of discrimination

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-135, title III, Sec. 303, Nov. 28, 1975, 89 Stat. 728.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6103, 6106a of this

title.

-End-

-CITE-

42 USC Sec. 6103 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6103. Regulations

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-COD-

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.

-MISC1-

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-

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.

-MISC2-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 6104 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6104. Enforcement

-STATUTE-

(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 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.

-SOURCE-

(Pub. L. 94-135, title III, Sec. 305, Nov. 28, 1975, 89 Stat. 730;

Pub. L. 95-478, title IV, Sec. 401(c), (d), Oct. 18, 1978, 92 Stat.

1555, 1556; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-478, Sec. 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, Sec. 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, Sec. 401(c), added subsec. (f).

-CHANGE-

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.

-MISC2-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6105 of this title.

-End-

-CITE-

42 USC Sec. 6105 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6105. Judicial review

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-135, title III, Sec. 306, Nov. 28, 1975, 89 Stat. 730.)

-End-

-CITE-

42 USC Sec. 6106 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6106. Study of discrimination based on age

-STATUTE-

(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.

(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.

-SOURCE-

(Pub. L. 94-135, title III, Sec. 307, Nov. 28, 1975, 89 Stat. 731;

S. Res. 4, Feb. 4, 1977; Pub. L. 95-65, Sec. 1, July 11, 1977, 91

Stat. 269; S. Res. 30, Mar. 7, 1979.)

-REFTEXT-

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.

-MISC1-

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-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

-End-

-CITE-

42 USC Sec. 6106a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6106a. Reports to the Secretary and Congress

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-135, title III, Sec. 308, as added Pub. L. 95-478,

title IV, Sec. 401(e), Oct. 18, 1978, 92 Stat. 1556; amended Pub.

L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

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-

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.

-MISC2-

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.

-End-

-CITE-

42 USC Sec. 6107 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 76 - AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 6107. Definitions

-STATUTE-

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 Rate 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.

-SOURCE-

(Pub. L. 94-135, title III, Sec. 309, formerly Sec. 308, Nov. 28,

1975, 89 Stat. 731; renumbered Sec. 309, Pub. L. 95-478, title IV,

Sec. 401(e), Oct. 18, 1978, 92 Stat. 1556; amended Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-259,

Sec. 5, Mar. 22, 1988, 102 Stat. 30; Pub. L. 103-382, title III,

Sec. 391(u), Oct. 20, 1994, 108 Stat. 4025; Pub. L. 107-110, title

X, Sec. 1076(z), Jan. 8, 2002, 115 Stat. 2093.)

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AMENDMENTS

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-

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.

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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.

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