---
kind: "range"
citation: "42 U.S.C. §§ 6101–6107"
title: "42"
from: "6101"
to: "6107"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/42/6101..6107"
---

# §6101. Statement of purpose


It is the purpose of this chapter to prohibit discrimination on the basis of age in [programs](/usc/42/274l–1.md?p=4) or activities receiving Federal financial assistance.


# §6102. Prohibition of discrimination


Pursuant to regulations prescribed under [section 6103 of this title](/usc/42/6103.md), and except as provided by [section 6103(b)](/usc/42/6103.md?p=b) and [section 6103(c) of this title](/usc/42/6103.md?p=c), no [person](/usc/42/1320a–7k.md?p=d-4-C-i) in the [United States](/usc/42/403.md?p=k) 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](/usc/42/6107.md?p=4) receiving Federal financial assistance.


# §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](/usc/42/6106.md?p=b), or two and one-half years after November 28, 1975, whichever occurs first, the [Secretary](/usc/42/6107.md?p=2) 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](/usc/42/6102.md).
  - (2)
    - (A) The [Secretary](/usc/42/6107.md?p=2) 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](/usc/42/6106.md?p=e); and
      - (ii) an additional forty-five day period, immediately following the period described in [clause (i)](#a-2-A-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](/usc/42/6107.md?p=1) is required to transmit under [section 6106(d) of this title](/usc/42/6106.md?p=d), and with respect to the comments and recommendations submitted by Federal departments and agencies under [section 6106(e) of this title](/usc/42/6106.md?p=e).
    - (B) The forty-five day period specified in [subparagraph (A)(ii)](#a-2-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](/usc/42/6107.md?p=2) publishes proposed regulations under [paragraph (1)](#a-1), the [Secretary](/usc/42/6107.md?p=2) shall publish in the Federal Register final general regulations to carry out the provisions of [section 6102 of this title](/usc/42/6102.md), after taking into consideration any comments received by the [Secretary](/usc/42/6107.md?p=2) with respect to the regulations proposed under [paragraph (1)](#a-1).
  - (4) Not later than ninety days after the [Secretary](/usc/42/6107.md?p=2) publishes final general regulations under [paragraph (a)(3)](#a-3), the head of each [Federal department or agency](/usc/42/6107.md?p=3) which extends Federal financial assistance to any [program or activity](/usc/42/6107.md?p=4) by way of grant, entitlement, loan, or contract other than a contract of insurance or guaranty, shall transmit to the [Secretary](/usc/42/6107.md?p=2) and publish in the Federal Register proposed regulations to carry out the provisions of [section 6102 of this title](/usc/42/6102.md) and to provide appropriate investigative, conciliation, and enforcement procedures. Such regulations shall be consistent with the final general regulations issued by the [Secretary](/usc/42/6107.md?p=2), and shall not become effective until approved by the [Secretary](/usc/42/6107.md?p=2).
  - (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](/usc/42/2000e–16a.md?p=c) of any provision of this chapter, or of any regulation issued under this chapter, for any [person](/usc/42/1320a–7k.md?p=d-4-C-i) to take any action otherwise prohibited by the provisions of [section 6102 of this title](/usc/42/6102.md) if, in the [program or activity](/usc/42/6107.md?p=4) 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](/usc/42/6107.md?p=4); 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](/usc/42/6107.md?p=4) established under authority of any law which (A) provides any benefits or assistance to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) based upon the age of such [persons](/usc/42/1320a–7k.md?p=d-4-C-i); 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](/usc/42/6107.md?p=3) with respect to any employment practice of any employer, [employment agency](/usc/42/2000ff.md?p=2-C), or [labor organization](/usc/42/2000ff.md?p=2-C), or with respect to any labor-management joint apprenticeship [training](/usc/42/285e–2.md?p=b-2) [program](/usc/42/274l–1.md?p=4).
  - (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](https://uscode.house.gov/view.xhtml?req=(/us/usc/t29/s621–634))), as amended, or to affect the rights or responsibilities of any [person](/usc/42/1320a–7k.md?p=d-4-C-i) or party pursuant to such Act.

# §6104. Enforcement

- (a) **Methods of achieving compliance with regulations—** The head of any [Federal department or agency](/usc/42/6107.md?p=3) who prescribes regulations under [section 6103 of this title](/usc/42/6103.md) 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](/usc/42/6107.md?p=4) involved to any [recipient](/usc/42/2996a.md?p=6) 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) **Limitations on termination of, or on refusal to grant or to continue, assistance; disbursement of withheld funds to achiever agencies—** Any termination of, or refusal to grant or to continue, assistance under [subsection (a)(1)](#a-1) shall be limited to the particular political entity or other [recipient](/usc/42/2996a.md?p=6) with respect to which a finding has been made under [subsection (a)(1)](#a-1). Any such termination or refusal shall be limited in its effect to the particular [program or activity](/usc/42/6107.md?p=4), or part of such [program or activity](/usc/42/6107.md?p=4), 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](/usc/42/6107.md?p=4) which does not receive Federal financial assistance. Whenever the head of any [Federal department or agency](/usc/42/6107.md?p=3) who prescribes regulations under [section 6103 of this title](/usc/42/6103.md) withholds [funds](/usc/42/12854.md?p=3) pursuant to [subsection (a)](#a), he may, in accordance with regulations he shall prescribe, disburse the [funds](/usc/42/12854.md?p=3) so withheld directly to any public or nonprofit private organization or agency, or [State](/usc/42/201.md?p=f) or political subdivision thereof, which demonstrates the ability to achieve the goals of the Federal statute author­izing the [program or activity](/usc/42/6107.md?p=4) while complying with regulations issued under [section 6103 of this title](/usc/42/6103.md).
- (c) **Advice as to failure to comply with regulation; determination that compliance cannot be secured by voluntary means—** No action may be taken under [subsection (a)](#a) until the head of the [Federal department or agency](/usc/42/6107.md?p=3) involved has advised the appropriate [person](/usc/42/1320a–7k.md?p=d-4-C-i) of the failure to comply with the regulation involved and has determined that compliance cannot be secured by voluntary means.
- (d) **Report to Congressional committees—** In the case of any action taken under [subsection (a)](#a), the head of the [Federal department or agency](/usc/42/6107.md?p=3) involved shall transmit a written report of the circumstances and grounds of such action to the committees of the House of [Representatives](/usc/42/3058f.md?p=5) and the Senate having legislative jurisdiction over the [program or activity](/usc/42/6107.md?p=4) involved. No such action shall take effect until thirty days after the transmission of any such report.
- (e) **Injunctions; notice of violations; costs; conditions for actions—**
  - (1) When any interested [person](/usc/42/1320a–7k.md?p=d-4-C-i) brings an action in any [United States](/usc/42/403.md?p=k) district court for the district in which the defendant is found or transacts business to enjoin a [violation](/usc/42/2000e–16a.md?p=c) of this Act by any [program or activity](/usc/42/6107.md?p=4) receiving Federal financial assistance, such interested [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall give notice by registered mail not less than 30 days prior to the commencement of that action to the [Secretary](/usc/42/6107.md?p=2) of Health and Human Services, the [Attorney General](/usc/42/14902.md?p=6) of the [United States](/usc/42/403.md?p=k), and the [person](/usc/42/1320a–7k.md?p=d-4-C-i) against whom the action is directed. Such interested [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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)](#e-1) shall [state](/usc/42/201.md?p=f) the nature of the alleged [violation](/usc/42/2000e–16a.md?p=c), 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)](#e-1) shall be brought (A) if at the time the action is brought the same alleged [violation](/usc/42/2000e–16a.md?p=c) by the same defendant is the subject of a pending action in any court of the [United States](/usc/42/403.md?p=k); or (B) if administrative remedies have not been exhausted.
- (f) **Exhaustion of administrative remedies—** With respect to actions brought for relief based on an alleged [violation](/usc/42/2000e–16a.md?p=c) of the provisions of this chapter, 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](/usc/42/6107.md?p=3) makes no finding with regard to the complaint, or upon the day that the [Federal department or agency](/usc/42/6107.md?p=3) issues a finding in favor of the [recipient](/usc/42/2996a.md?p=6) of financial assistance, whichever occurs first.

# §6105. Judicial review

- (a) **Provisions of other laws—** Any action by any [Federal department or agency](/usc/42/6107.md?p=3) under [section 6104 of this title](/usc/42/6104.md) 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) **Provisions of chapter 7 of title 5; reviewable agency discretion—** In the case of any action by any [Federal department or agency](/usc/42/6107.md?p=3) under [section 6104 of this title](/usc/42/6104.md) which is not otherwise subject to judicial review, any [person](/usc/42/1320a–7k.md?p=d-4-C-i) aggrieved (including any [State](/usc/42/201.md?p=f) or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with the provisions of [chapter 7](/usc/5/chptI-ch7.md) of title 5. 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)](/usc/42/701.md?p=a-2) of such title.

# §6106. Study of discrimination based on age

- (a) **Study by Commission on Civil Rights—** The [Commission](/usc/42/6107.md?p=1) on Civil Rights shall (1) undertake a study of unreasonable discrimination based on age in [programs](/usc/42/274l–1.md?p=4) and activities receiving Federal financial assistance; and (2) identify with particularity any such federally assisted [program or activity](/usc/42/6107.md?p=4) in which there is found evidence of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/6107.md?p=4).
- (b) **Public hearings—** As part of the study required by this section, the [Commission](/usc/42/6107.md?p=1) shall conduct public hearings to elicit the views of interested parties, including Federal departments and agencies, on issues relating to age discrimination in [programs](/usc/42/274l–1.md?p=4) 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](/usc/42/274l–1.md?p=4).
- (c) **Publication of results of analyses, research and studies by independent experts; services of voluntary or uncompensated personnel—** The [Commission](/usc/42/6107.md?p=1) 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](/usc/42/6107.md?p=1) 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)](/usc/42/1975d.md)).
- (d) **Report to President and Congress; copies to affected Federal departments and agencies; information and technical assistance—** Not later than two years after November 28, 1975, the [Commission](/usc/42/6107.md?p=1) 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](/usc/42/6107.md?p=1) makes findings or recommendations. The [Commission](/usc/42/6107.md?p=1) 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) **Comments and recommendations of Federal departments and agencies; submission to President and Congressional committees—** Not later than forty-five working days after receiving a copy of the report required by [subsection (d)](#d), each [Federal department or agency](/usc/42/6107.md?p=3) with respect to which the [Commission](/usc/42/6107.md?p=1) makes findings or recommendations shall submit its comments and recommendations regarding such report to the President and to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5).
- (f) **Cooperation of Federal departments and agencies with Commission—** The head of each [Federal department or agency](/usc/42/6107.md?p=3) shall cooperate in all respects with the [Commission](/usc/42/6107.md?p=1) with respect to the study required by [subsection (a)](#a), and shall provide to the [Commission](/usc/42/6107.md?p=1) such data, reports, and documents in connection with the subject matter of such study as the [Commission](/usc/42/6107.md?p=1) may request.
- (g) **Authorization of appropriations—** There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

# §6106a. Reports to the Secretary and Congress

- (a) Not later than December 31 of each year (beginning in 1979), the head of each [Federal department or agency](/usc/42/6107.md?p=3) shall submit to the [Secretary](/usc/42/6107.md?p=2) of Health and Human Services 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 6102 of this title](/usc/42/6102.md); and (2) containing specific data about [program](/usc/42/274l–1.md?p=4) participants or beneficiaries, by age, sufficient to permit analysis of how well the department or agency is carrying out the provisions of [section 6102 of this title](/usc/42/6102.md).
- (b) Not later than March 31 of each year (beginning in 1980), the [Secretary](/usc/42/6107.md?p=2) of Health and Human Services shall compile the reports made pursuant to [subsection (a)](#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 6102 of this title](/usc/42/6102.md).

# §6107. Definitions


For purposes of this chapter—

- (1) the term “Commission” means the Commission on Civil Rights;
- (2) the term “Secretary” means the Secretary of Health and Human Services;
- (3) the term “Federal department or agency” means any agency as defined in [section 551 of title 5](/usc/5/551.md) and includes the [United States](/usc/42/403.md?p=k) Postal Service and the Postal Regulatory [Commission](#1); 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](/usc/42/201.md?p=f) or of a [local government](/usc/42/8401a.md); or
    - (ii) the entity of such [State](/usc/42/201.md?p=f) or [local government](/usc/42/8401a.md) that distributes such assistance and each such department or agency (and each other [State](/usc/42/201.md?p=f) or [local government](/usc/42/8401a.md) entity) to which the assistance is extended, in the case of assistance to a [State](/usc/42/201.md?p=f) or [local government](/usc/42/8401a.md);
  - (B)
    - (i) a college, university, or other postsecondary institution, or a public system of higher education; or
    - (ii) a local educational agency (as defined in [section 7801 of title 20](/usc/20/7801.md)), system of vocational education, or other [school](/usc/42/6372.md?p=1) system;
  - (C)
    - (i) an entire [corporation](/usc/42/2296b–7.md?p=1), partnership, or other private organization, or an entire sole proprietorship—
      - (I) if assistance is extended to such [corporation](/usc/42/2296b–7.md?p=1), partnership, private organization, or sole proprietorship as a whole; or
      - (II) which is principally engaged in the business of providing education, health care, [housing](/usc/42/1490p–2.md?p=r-3), social services, or parks and recreation; or
    - (ii) the entire plant or other comparable, geographically separate [facility](/usc/42/11049.md?p=4) to which Federal financial assistance is extended, in the case of any other [corporation](/usc/42/2296b–7.md?p=1), 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)](#4-A), [(B)](#4-B), or [(C)](#4-C);

  any part of which is extended Federal financial assistance.