TITLE III OF THE AGE DISCRIMINATION ACT OF 1975
TITLE 111-PROHIBITION OF DISCRIMINATION BASED ON AGE
SHORT TITLE
SEC. 301. The provisions of this title may be cited as the "Age
Discrimination Act of 1975".
[42 U.S.C. 6101 note]
STATEMENT OF PURPOSE
SEC. 302. It is the purpose of this title to prohibit discrimination on the
basis of age in programs or activities receiving Federal fi- nancial assistance.
[42 U.S.C. 6102]
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.
[42 U.S.C. 6102]
REGULATIONS
SEC. 304. (a)(1) Not later than one year after the transmission of 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 in- volved 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 sub- [ footnote 1(42 U.S.C.
6101-6107.) Enacted Nov. 28, 1975 as title III of Pub. L. 94-135, sees. 301-308,
89 Stat. 728-732.] mitted 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 com- ments 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 assist- 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 pro- posed 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, 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)(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 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 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 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.
[42 U.S.C. 6103]
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. Whenever the head of any Federal department or agency who prescribes
regulations under section 304 withholds funds pursuant to subsection (a), 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 304.
(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)(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 pro- gram 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, Education, and Welfare, 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) With respect to actions brought for relief based on an alleged violation of
the provisions of this title, 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. [42 U.S.C. 6104]
JUDICIAL REVIEW
SEC. 306. (a) Any action by any Federal department or agency under section 305
shall he subject to such judicial review as may otherwise be provided by law for
similar action taken by any such department or agency or 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 sub- division 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.
[42 U.S.C. 6105]
STUDY OF DISCRIMINATION BASED ON AGE
SEC. 307. (a) 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 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 shall conduct
public hearings to elicit the views of interested par- ties, 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.
(e) 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 result's 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 two years 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. 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) Not later than forty-five working days after receiving a copy of the report
required by subsection (d), 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 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 cooper- ate 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.
(g) There are authorized to be appropriated such sums as may be necessary to
carry out the provisions of this section.
[42 U.S.C. 6106]
REPORTS
SEC. 308. (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, Education, and Welfare 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 303; 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 provision of section 303.
(b) Not later than March 31 of each year (beginning in 1980), the Secretary of
Health, Education, and Welfare shall compile the reports made pursuant to
subsection (a) 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 303.
[42 U.S.C. 6106a]
DEFINITIONS
Sec. 309. 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;
(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; 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 dis- tributes 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 post-secondary institution, or a public
system of higher education; or
(ii) a local educational agency (as defined in section 198(a)(10), of the
Elementary and Secondary Education Act of 1965), system of vocational education,
or other school system;
(C)(i) an entire corporation, partnership, or other private organization, or an
entire sole proprietorship-
(1) if assistance is extended to such corporation, partnership, private
organization, or sole proprietorship as a whole; or
(11) which is principally engaged in the business of providing education, health
care, housing, social serv- ices, 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. [42 U.S.C. 6107]
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