42 U.S.C. § 6106 — Study of discrimination based on age

Page 6647 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6106 (Pub. L. 94–135, title III, § 305, Nov. 28, 1975, 89 Stat. 730; Pub. L. 95–478, title IV, § 401(c), (d), Oct. 18, 1978, 92 Stat. 1555, 1556; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e)(1), probably means Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 713, known as the Older Americans Amendments of 1975. For complete classification of this Act to the Code, see Short Title of 1975 Amendment note set out under section 3001 of this title and Tables. AMENDMENTS 1978—Subsec. (b). Pub. L. 95–478, § 401(d), authorized disbursement of withheld funds directly to organization or agency demonstrating ability to achieve the goals of the Federal statute authorizing the program or activ- ity while complying with the regulations. Subsec. (e). Pub. L. 95–478, § 401(c), substituted provi- sions relating to injunctions, notice of violations, and costs for provision making this section the exclusive remedy for the enforcement of the provisions of this chapter. Subsec. (f). Pub. L. 95–478, § 401(c), added subsec. (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (e)(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 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. § 6105. Judicial review (a) Provisions of other laws Any action by any Federal department or agency under section 6104 of this title 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 de- partment or agency under section 6104 of this title which is not otherwise subject to judicial review, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with the provisions of chapter 7 of title 5. For purposes of this sub- section, any such action shall not be considered committed to unreviewable agency discretion within the meaning of section 701(a)(2) of such title. (Pub. L. 94–135, title III, § 306, Nov. 28, 1975, 89 Stat. 730.) § 6106. Study of discrimination based on age (a) Study by Commission on Civil Rights The Commission on Civil Rights shall (1) un- dertake a study of unreasonable discrimination based on age in programs and activities receiv- ing Federal financial assistance; and (2) identify with particularity any such federally assisted program or activity in which there is found evi- dence of persons who are otherwise qualified being, on the basis of age, excluded from partici- pation in, denied the benefits of, or subjected to discrimination under such program or activity. (b) Public hearings As part of the study required by this section, the Commission shall conduct public hearings to elicit the views of interested parties, including Federal departments and agencies, on issues re- lating to age discrimination in programs and ac- tivities receiving Federal financial assistance, and particularly with respect to the reasonable- ness of distinguishing, on the basis of age, among potential participants in, or beneficiaries of, specific federally assisted programs. (c) Publication of results of analyses, research and studies by independent experts; services of voluntary or uncompensated personnel The Commission is authorized to obtain, through grant or contract, analyses, research and studies by independent experts of issues re- lating to age discrimination and to publish the results thereof. For purposes of the study re- quired by this section, the Commission may ac- cept and utilize the services of voluntary or un- compensated personnel, without regard to the provisions of section 105(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975d(b)). (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 shall transmit a report of its findings and its recommendations for statu- tory 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 makes findings or recommenda- tions. The Commission is authorized to provide, upon request, information and technical assist- ance regarding its findings and recommenda- tions 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 sub- section (d), each Federal department or agency with respect to which the Commission 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. (f) Cooperation of Federal departments and agencies with Commission The head of each Federal department or agen- cy shall cooperate in all respects with the Com- Page 6648 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6106a mission with respect to the study required by subsection (a), and shall provide to the Commis- sion such data, reports, and documents in con- nection with the subject matter of such study as the Commission may request. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this section. (Pub. L. 94–135, title III, § 307, Nov. 28, 1975, 89 Stat. 731; S. Res. 4, Feb. 4, 1977; Pub. L. 95–65, § 1, July 11, 1977, 91 Stat. 269; S. Res. 30, Mar. 7, 1979.) Editorial Notes REFERENCES IN TEXT Section 105(b) of the Civil Rights Act of 1957, referred to in subsec. (c), is section 105(b) of Pub. L. 85–315, pt. I, Sept. 9, 1957, 71 Stat. 636, which was classified to sec- tion 1975d(b) of this title and was omitted from the Code. For further details, see Codification note set out preceding section 1975 of this title. Similar provisions are contained in section 4(c) of the Civil Rights Com- mission Act of 1983, Pub. L. 98–183, Nov. 30, 1983, 97 Stat. 1304, as amended, which is classified to section 1975b(c) of this title. AMENDMENTS 1977—Subsec. (d). Pub. L. 95–65 substituted ‘‘two years’’ for ‘‘eighteen months’’ and authorized the Com- mission to provide information and technical assist- ance regarding its findings and recommendations to Congress, the President, and heads of Federal depart- ments and agencies for a ninety-day period following the transmittal of its report. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Previously, Committee on Human Resources of Senate changed to Committee on Labor and Human Resources of Senate effective Mar. 7, 1979, by Senate Resolution No. 30, 96th Congress. See Rule XXV of Standing Rules of Senate adopted Nov. 14, 1979. Committee on Labor and Public Welfare of Senate abolished and replaced by Committee on Human Re- sources of Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of Senate, as amended by Senate Resolution No. 4 (popularly cited as the ‘‘Committee System Reorganization Amendments of 1977’’), ap- proved Feb. 4, 1977. § 6106a. Reports to the Secretary and Congress (a) Not later than December 31 of each year (beginning in 1979), the head of each Federal de- partment or agency shall submit to the Sec- retary 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; and (2) containing specific data about program 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. (b) Not later than March 31 of each year (be- ginning in 1980), the Secretary of Health and Human Services shall compile the reports made pursuant to subsection (a) and shall submit them to the Congress, together with an evalua- tion of the performance of each department or agency with respect to carrying out the provi- sions of section 6102 of this title. (Pub. L. 94–135, title III, § 308, as added Pub. L. 95–478, title IV, § 401(e), Oct. 18, 1978, 92 Stat. 1556; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes PRIOR PROVISIONS A prior section 308 of Pub. L. 94–135 was renumbered section 309 and is classified to section 6107 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title. § 6107. Definitions For purposes of this chapter— (1) the term ‘‘Commission’’ means the Com- mission on Civil Rights; (2) the term ‘‘Secretary’’ means the Sec- retary of Health and Human Services; (3) the term ‘‘Federal department or agen- cy’’ means any agency as defined in section 551 of title 5 and includes the United States Post- al Service and the Postal Regulatory Commis- sion; and (4) the term ‘‘program or activity’’ means all of the operations of— (A)(i) a department, agency, special pur- pose district, or other instrumentality of a State or of a local government; or (ii) the entity of such State or local gov- ernment that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (B)(i) a college, university, or other post- secondary institution, or a public system of higher education; or (ii) a local educational agency (as defined in section 7801 of title 20), system of voca- tional education, or other school system; (C)(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship— (I) if assistance is extended to such cor- poration, partnership, private organiza- tion, or sole proprietorship as a whole; or (II) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) the entire plant or other comparable, geographically separate facility to which