§6103 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of Health and Human Services must publish proposed rules to carry out the program either within one year after a required report is sent or within two and a half years after November 28, 1975, whichever comes first. The Secretary cannot publish those proposed rules until a first 45-day review period required elsewhere has passed and then an extra 45-day period for Congress to hold hearings (that extra 45 days counts only when both Houses are in session). Within 90 days after the proposed rules are published, the Secretary must publish final rules after considering comments. Then, within 90 days after the final rules, each federal department or agency that gives financial help by grant, entitlement, loan, or contract (but not insurance or guaranty contracts) must send the Secretary and publish its own proposed rules that match the Secretary’s final rules and include investigation, conciliation, and enforcement steps. Those agency rules cannot take effect until the Secretary approves them. No rules under this part can be effective before July 1, 1979. It is not a violation of this law for a program to act in ways otherwise banned if the program reasonably uses age when it is necessary to run the program or meet a legal goal, or if the difference is based on reasonable factors other than age. The law also does not apply to programs created by other laws that give benefits based on age or set age-based eligibility. Nothing here lets federal agencies act about the employment practices of private employers, employment agencies, labor organizations, or joint apprenticeship programs, and it does not change the Age Discrimination in Employment Act of 1967 or anyone’s rights under that Act.

Title 42, §6103

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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)(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)(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.

Notes & Related Subsidiaries

Editorial Notes

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, 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.

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, § 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 AmendmentAmendment 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.

§6103 Regulations