42 USC 500L 42 USC 3021, 3045. Definitions. Age Discrimination 42 USC 6101 note. 42 USC 6101 42 USC 6102, Pub. Law 94-135 - 16 November 28, 1975 in order to enhance the effectiveness of the support provided to such national older American volunteer programs by the ACTION Agency, the Director of the ACTION Agency shall designate an aging resource specialist with respect to programs carried out in each State under title II of the Domestic Volunteer Service Act of 1973. (2) (A) Each aging resource specialist designated under paragraph (1) shall be qualified to serve in such capacity by appropriate experience and training, and shall be stationed in a State office of the ACTION Agency. (B) The primary responsibility of each aging resource specialist shall be (i) to support programs carried out under title II of the Domestic Volunteer Service Act of 1973 in any State or other jurisdiction served by the State office involved; and (ii) to seek to coordinate such programs with programs carried out under title III and title VII of the Older Americans Act of 1965 in any such State or other jurisdiction. (3) For purposes of this subsection (A) the term "ACTION Agency" means the ACTION Agency established by section 401 of the Act (42 U.S.C. 5041); (B) the term "primary responsibility" means the devotion of more than one-half of regular working hours to the performance of duties described in paragraph (2) (B); and (C) the term "State" means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands. AMENDMENT TO RESEARCH ON AGING ACT OF 1974 SEC. 206. Section 464 of the Public Health Service Act (42 U.S.C. 289k-5) is amended by striking out "one year" and inserting in lieu thereof "two years". TITLE III-PROHIBITION OF DISCRIMINATION BASED SHORT TITLE SEC. 301. The provisions of this title may be cited as the "Age Discrimination Act of 1975". STATEMENT OF PURPOSE SEC. 302. It is the purpose of this title to prohibit unreasonable discrimination on the basis of age in programs or activities receiving Federal financial assistance, including programs or activities receiving funds under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221 et seq.). PROHIBITION OF DISCRIMINATION SEC. 303. Pursuant to regulations prescribed under section 304, and except as provided by section 304 (b) and section 304 (c), 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. 89 STAT. 728. November 28, 1975 - 17 Pub. Law 94-135 REGULATIONS SEC. 304. (a) (1) Not later than one year after the transmission of 42 USC 6103, the report required by section 307 (b), or two and one-half years after the date of the enactment of this Act, whichever occurs first, the Secretary of Health, Education, and Welfare shall publish in the Federal Register proposed general regulations to carry out the provisions of section 303. (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 307 (e); 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 307 (d), and with respect to the comments and recommendations submitted by Federal departments and agencies under section 307 (e). (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 303, after taking into consideration any comments received by the Secretary with respect to the regulations proposed under paragraph (1); Publication in Federal Register, Publication in Federal (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 assist- Register, ance 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 303 and to provide appropriate investigative, conciliation, and enforcement procedures. Such regulations shall be consistent with the final general regulations issued by the Secretary. (5) Notwithstanding any other provision of this section, no regulations issued pursuant to this section shall be effective before January 1, 1979. (b)(1) It shall not be a violation of any provision of this title, or of any regulation issued under this title, for any person to take any action otherwise prohibited by the provisions of section 303 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 obiective 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 title 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) (1) Except with respect to any program or activity receiving Federal financial assistance for public service employment under the Comprehensive Employment and Training Act of 1974 (29 U.S.C. 801, et seq.), as amended, nothing in this title shall be construed to 89 STAT. 729 42 USC 6104, Report to congressional committees. 42 USC 6105. 5 USC 701 et seq. Pub. Law 94-135 - 18 November 28, 1975 authorize action under this title 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 title 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. ENFORCEMENT SEC. 305. (a) The head of any Federal department or agency who prescribes regulations under section 304 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) Any termination of, or refusal to grant or to continue, assistance under subsection (a) (1) shall be limited to the particular political entity or other recipient with respect to which a finding has been made under subsection (a) (1). 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. (c) No action may be taken under subsection (a) 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) In the case of any action taken under subsection (a), 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) The provisions of this section shall be the exclusive remedy for the enforcement of the provisions of this title. JUDICIAL REVIEW SEC. 306. (a) Any action by any Federal department or agency under section 305 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) In the case of any action by any Federal department or agency under section 305 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, United States Code. 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. 89 STAT. 730 SEC. 307. (a) The Commission on Civil Rights shall (1) undertake 42 USC 6106. 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) As part of the study required by this section, the Commission Hearings. 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) 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) Not later than eighteen months after the date of the enactment of this Act, 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. Report to and Congress. (e) Not later than forty-five working days after receiving a copy Reports to of the report required by subsection (d), each Federal department or President agency with respect to which the Commission makes findings or rec- and conommendations shall submit its comments and recommendations regard-gressional ing such report to the President and to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives. (f) 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), 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. committees. (g) There are authorized to be appropriated such sums as may be Appropriation necessary to carry out the provisions of this section. DEFINITIONS SEC. 308. For purposes of this title (1) the term "Commission" means the Commission on Civil Rights; (2) the term "Secretary" means the Secretary of Health, Education, and Welfare; and authorization. 42 USC 6107. 89 STAT. 731 (3) the term "Federal department or agency" means any agency as defined in section 551 of title 5, United States Code, and includes the United States Postal Service and the Postal Rate Commission. Approved November 28, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-67 (Comm. on Education and Labor) and SENATE REPORT No. 94-255 accompanying S. 1425 (Comm. on CONGRESSIONAL RECORD, Vol. 121 (1975) Apr. 8, considered and passed House. June 26, considered and passed Senate, amended, in lieu of Nov. 19, House agreed to conference report. Nov. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 48: Nov. 28, Presidential statement. 89 STAT. 732 |