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U.S. Code as of:
01/19/04
Section 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 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.
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