Sec. 304. regulations
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## Sec. 304 regulations ###
(a)####
(1)Not later than one year after the transmission of the report required by section 307(b), or two and one-half years after the date of the enactment of this Act, whichever occurs first, the Secretary of Health, Education, and Welfare shall publish in the Federal Register proposed general regulations to carry out the provisions of section 303. ####
(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 307(e); 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 307(d), and with respect to the comments and recommendations submitted by Federal departments and agencies under section 307(e). #####
(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 303, 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 303 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)####
(1)It shall not be a violation of any provision of this title, or of any regulation issued under this title, for any person to take any action otherwise prohibited by the provisions of section 303 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 title 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)####
(1)Nothing in this title shall be construed to authorize action under this title 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 title 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. **[**[42 U.S.C. 6103](/us/usc/t42/s6103)**]** Enacted Nov. 28, 1975, P.L. 94–135, sec. 304, 89 Stat. 729; amended Oct. 18, 1978, P.L. 95–478, sec. 401(b), 92 Stat. 1555 (effective at the close of Sept. 30, 1978).
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U.S. Code
3 references not yet in our index
- 29 USC 621–634
- 89 Stat. 729
- 92 Stat. 1555
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