(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.
(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.
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 (§ 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.
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.
1998—Subsec. (c)(1). Pub. L. 105–277substituted “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”.
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) ofPub. L. 96–88, which is classified to section
3508(b) of Title
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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