42 U.S.C. 6101 - Age Discrimination Act of 1975

§§ 6081 to 6083

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Pub. L. 101–496, § 17, Oct. 31, 1990, 104 Stat. 1200; Pub. L.
103–230, title IV, § 403, Apr. 6, 1994, 108 Stat. 320; Pub. L.
105–12, § 9(l)(3), Apr. 30, 1997, 111 Stat. 28, provided for
administration and operation grants.
A prior section 6062, Pub. L. 88–164, title I, § 132, as
added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84
Stat. 1317; amended Pub. L. 94–103, title I, § 110(b)–(e)(1),
title III, § 302(b)(1), Oct. 4, 1975, 89 Stat. 489, 490, 506;
Pub. L. 94–278, title XI, § 1107(a) Apr. 22, 1976, 90 Stat.
416; Pub. L. 95–602, title V, § 510(b), Nov. 6, 1978, 92 Stat.
3010, related to allotments to States, prior to the general amendment of this chapter by Pub. L. 98–527.
Section 6063, Pub. L. 88–164, title I, § 153, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2682; amended
Pub. L. 100–146, title IV, § 403, Oct. 29, 1987, 101 Stat. 855;
Pub. L. 101–496, § 18, Oct. 31, 1990, 104 Stat. 1203; Pub. L.
103–230, title IV, § 404, Apr. 6, 1994, 108 Stat. 324, related
to applications.
A prior section 6063, Pub. L. 88–164, title I, § 133, formerly § 134, as added Pub. L. 91–517, title I, § 101(b), Oct.
30, 1970, 84 Stat. 1319; renumbered § 133 and amended
Pub. L. 94–103, title I, §§ 110(e)(2), 111, title III, § 302(a),
(b)(2), Oct. 4, 1975, 89 Stat. 490, 506; Pub. L. 95–602, title
V, § 511, Nov. 6, 1978, 92 Stat. 3011, related to State
plans, prior to the general amendment of this chapter
by Pub. L. 98–527.
Section 6064, Pub. L. 88–164, title I, § 154, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2683; amended
Pub. L. 100–146, title IV, § 404, Oct. 29, 1987, 101 Stat. 857;
Pub. L. 101–496, § 19, Oct. 31, 1990, 104 Stat. 1203; Pub. L.
103–230, title IV, § 405, Apr. 6, 1994, 108 Stat. 326, established the order of priorities for grant awards.
A prior section 6064, Pub. L. 88–164, title I, § 134, formerly § 137, as added Pub. L. 91–517, title I, § 101(b), Oct.
30, 1970, 84 Stat. 1323; amended Pub. L. 93–45, title III,
§ 301(c), June 18, 1973, 87 Stat. 95; renumbered § 134 and
amended Pub. L. 94–103, title I, §§ 101(b), 113, title III,
§ 302(a), Oct. 4, 1975, 89 Stat. 486, 492, 506; Pub. L. 94–278,
title XI, § 1107(b), (c), Apr. 22, 1976, 90 Stat. 416; Pub. L.
95–602, title V, § 514(b), Nov. 6, 1978, 92 Stat. 3017, related
to payments to the States for planning, administration, and services, prior to the general amendment of
this chapter by Pub. L. 98–527.
Section 6065, Pub. L. 88–164, title I, § 155, as added
Pub. L. 103–230, title IV, § 406, Apr. 6, 1994, 108 Stat. 327,
defined ‘‘State’’.
A prior section 6065, Pub. L. 88–164, title I, § 135, formerly § 138, as added Pub. L. 91–517, title I, § 101(b), Oct.
30, 1970, 84 Stat. 1323; renumbered § 135 and amended
Pub. L. 94–103, title I, §§ 110(e)(3), 114, title III, § 302(a),
(b)(3), Oct. 4, 1975, 89 Stat. 490, 493, 506; Pub. L. 95–602,
title V, § 514(c), Nov. 6, 1978, 92 Stat. 3017, related to
withholding of payments to States for planning, administration, and services, prior to the general amendment
of this chapter by Pub. L. 98–527.
Section 6066, Pub. L. 88–164, title I, § 156, as added
Pub. L. 103–230, title IV, § 406, Apr. 6, 1994, 108 Stat. 327;
amended Pub. L. 104–183, § 4, Aug. 6, 1996, 110 Stat. 1694,
authorized appropriations.
Prior sections 6066 to 6068 were omitted in the general
amendment of this chapter by Pub. L. 98–527.
Section 6066, Pub. L. 88–164, title I, § 136, formerly
§ 140, as added Pub. L. 91–517, title I, § 101(b), Oct. 30,
1970, 84 Stat. 1324; renumbered § 136 and amended Pub.
L. 94–103, title I, § 115, title III, § 302(a), (b)(4), Oct. 4,
1975, 89 Stat. 493, 506, related to nonduplication of payments.
Section 6067, Pub. L. 88–164, title I, § 137, formerly
§ 141, as added and renumbered § 137, Pub. L. 94–103, title
I, § 116, title III, § 302(a), Oct. 4, 1975, 89 Stat. 493, 506;
amended Pub. L. 95–602, title V, § 512, Nov. 6, 1978, 92
Stat. 3015, related to State Planning Councils.
Section 6068, Pub. L. 88–164, title I, § 138, formerly
§ 142, as added, renumbered § 138, and amended Pub. L.
94–103, title I, § 117, title III, § 302(a), (b)(5), Oct. 4, 1975,
89 Stat. 494, 506, related to appeals, petitions, record,
jurisdiction of courts of appeals, conclusiveness of findings, review by the Supreme Court, and stay of administrative action.

Page 5750

SUBCHAPTER V—PROJECTS OF NATIONAL
SIGNIFICANCE
§§ 6081 to 6083. Repealed. Pub. L. 106–402, title
IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737
Section 6081, Pub. L. 88–164, title I, § 161, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2683; amended
Pub. L. 100–146, title V, § 501(a), Oct. 29, 1987, 101 Stat.
857; Pub. L. 101–496, § 20, Oct. 31, 1990, 104 Stat. 1203; Pub.
L. 103–230, title V, § 502, Apr. 6, 1994, 108 Stat. 328, stated
the purpose of this subchapter.
A prior section 6081, Pub. L. 88–164, title I, § 145, as
added Pub. L. 94–103, title I, § 105, Oct. 4, 1975, 89 Stat.
495; amended Pub. L. 95–602, title V, §§ 504(b)(2), (3), 513,
Nov. 6, 1978, 92 Stat. 3006, 3016; Pub. L. 96–32, § 3(a), July
10, 1979, 93 Stat. 82; Pub. L. 97–35, title IX, § 913, Aug. 13,
1981, 95 Stat. 563; Pub. L. 98–221, title III, § 305, Feb. 22,
1984, 98 Stat. 35, set forth grant authority for special
projects grants, prior to the general amendment of this
chapter by Pub. L. 98–527.
Section 6082, Pub. L. 88–164, title I, § 162, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2683; amended
Pub. L. 100–146, title V, § 502, Oct. 29, 1987, 101 Stat. 857;
Pub. L. 101–496, § 21, Oct. 31, 1990, 104 Stat. 1204; Pub. L.
103–230, title V, § 503, Apr. 6, 1994, 108 Stat. 328; Pub. L.
105–12, § 9(l)(4), Apr. 30, 1997, 111 Stat. 28, related to the
Secretary’s grant authority.
Section 6083, Pub. L. 88–164, title I, § 163, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2684; amended
Pub. L. 100–146, title V, § 503, Oct. 29, 1987, 101 Stat. 858;
Pub. L. 101–496, § 22, Oct. 31, 1990, 104 Stat. 1204; Pub. L.
103–230, title V, § 504, Apr. 6, 1994, 108 Stat. 331; Pub. L.
104–183, § 5, Aug. 6, 1996, 110 Stat. 1695, authorized appropriations.

CHAPTER 76—AGE DISCRIMINATION IN
FEDERALLY ASSISTED PROGRAMS
Sec.

6101.
6102.
6103.
6104.
6105.
6106.
6106a.
6107.

Statement of purpose.
Prohibition of discrimination.
Regulations.
Enforcement.
Judicial review.
Study of discrimination based on age.
Reports to the Secretary and Congress.
Definitions.

§ 6101. Statement of purpose
It is the purpose of this chapter to prohibit
discrimination on the basis of age in programs
or activities receiving Federal financial assistance.
(Pub. L. 94–135, title III, § 302, Nov. 28, 1975, 89
Stat. 728; Pub. L. 95–478, title IV, § 401(a), Oct. 18,
1978, 92 Stat. 1555; Pub. L. 99–272, title XIV,
§ 14001(b)(4), Apr. 7, 1986, 100 Stat. 329.)
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, § 301, Nov. 28, 1975, 89 Stat. 728,
provided that: ‘‘The provisions of this title [enacting

Page 5751

TITLE 42—THE PUBLIC HEALTH AND WELFARE

this chapter] may be cited as the ‘Age Discrimination
Act of 1975’.’’

§ 6102. Prohibition of discrimination
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.
(Pub. L. 94–135, title III, § 303, Nov. 28, 1975, 89
Stat. 728.)
§ 6103. Regulations
(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

§ 6103

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.
(Pub. L. 94–135, title III, § 304, Nov. 28, 1975, 89
Stat. 729; Pub. L. 95–478, title IV, § 401(b), Oct. 18,
1978, 92 Stat. 1555; Pub. L. 96–88, title V, § 509(b),
Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–300, title I,
§ 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 105–277,
div. A, § 101(f) [title VIII, § 405(d)(37)], Oct. 21,
1998, 112 Stat. 2681–337, 2681–427.)
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
(§ 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.
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