42 USC 6104. Report to congressional committees. 42 USC 6105. 5 USC 701 et seq. Pub. Law 94-135 - 18 November 28, 1975 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. ENFORCEMENT SEC. 305. (a) The head of any Federal department or agency who prescribes regulations under section 304 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 involved to any recipient 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) Any termination of, or refusal to grant or to continue, assistance under subsection (a) (1) shall be limited to the particular political entity or other recipient with respect to which a finding has been made under subsection (a)(1). Any such termination or refusal shall be limited in its effect to the particular program or activity, or part of such program or activity, 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 which does not receive Federal financial assistance. (c) No action may be taken under subsection (a) until the head of the Federal department or agency involved has advised the appropriate person of the failure to comply with the regulation involved and has determined that compliance cannot be secured by voluntary means. (d) In the case of any action taken under subsection (a), the head of the Federal department or agency involved shall transmit a written report of the circumstances and grounds of such action to the committees of the House of Representatives and the Senate having legislative jurisdiction over the program or activity involved. No such action shall take effect until thirty days after the transmission of any such report. (e) The provisions of this section shall be the exclusive remedy for the enforcement of the provisions of this title. JUDICIAL REVIEW SEC. 306. (a) Any action by any Federal department or agency under section 305 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) In the case of any action by any Federal department or agency under section 305 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, United States Code. 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) of such title. 89 STAT. 730 November 28, 1975 - 19 Pub. Law 94-135 STUDY OF DISCRIMINATION BASED ON AGE SEC. 307. (a) The Commission on Civil Rights shall (1) undertake 42 USC 6106. a study of unreasonable discrimination based on age in programs and activities receiving Federal financial assistance; and (2) identify with particularity any such federally assisted program or activity in which there is found evidence of persons 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. (b) As part of the study required by this section, the Commission Hearings. shall conduct public hearings to elicit the views of interested parties, including Federal departments and agencies, on issues relating to age discrimination in programs 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. (c) The Commission 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 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)). (d) Not later than eighteen months after the date of the enact- Report to ment of this Act, the Commission shall transmit a report of its President findings and its recommendations for statutory changes (if any) and and Congress. 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 recommendations. and con (e) Not later than forty-five working days after receiving a copy Reports to of the report required by subsection (d), each Federal department or President agency with respect to which the Commission makes findings or recommendations shall submit its comments and recommendations regard-gressional ing such report to the President and to the Committee on Labor and committees. Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives. (f) The head of each Federal department or agency shall cooperate in all respects with the Commission with respect to the study required by subsection (a), and shall provide to the Commission such data, reports, and documents in connection with the subject matter of such study as the Commission may request. (g) There are authorized to be appropriated such sums as may be Appropriation necessary to carry out the provisions of this section. DEFINITIONS SEC. 308. For purposes of this title— (1) the term "Commission" means the Commission on Civil Rights; (2) the term "Secretary" means the Secretary of Health, Education, and Welfare; and authorization. 42 USC 6107. 89 STAT. 731 (3) the term "Federal department or agency" means any agency as defined in section 551 of title 5, United States Code, and includes the United States Postal Service and the Postal Rate Commission. Approved November 28, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-67 (Comm. on Education and Labor) and SENATE REPORT No. 94-255 accompanying S. 1425 (Comm. on CONGRESSIONAL RECORD, Vol. 121 (1975) Apr. 8, considered and passed House. June 26, considered and passed Senate, amended, in lieu of Nov. 19, House agreed to conference report. Nov. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 48 Nov. 28, Presidential statement. 89 STAT. 732 Mr. PERKINS, from the committee of conference, CONFERENCE REPORT [To accompany H.R. 3922] The committee of conference on the disagreeing votes of the two Houses on the amendment of the Sentate to the bill (H.R. 3922) to amend the Older Americans Act of 1965 to establish certain social services programs for older Americans and to extend the authorizaeions of appropriations contained in such Act, to prohibit discrimination on the basis of age, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: That this Act may be cited as the "Older Americans Amendments of 1975". TITLE I-AMENDMENTS TO OLDER AMERICANS ACT OF 1965 TRANSMISSION OF CERTAIN RECOMMENDATIONS RELATING TO FEDERAL COUNCIL OF AGING SEC. 101. (a) Section 205(g) of the Older Americans Act of 1965 (42 U.S.C. 3015(g)) (hereinafter in this title referred to as the "Act") is amended by striking out "eighteen months after enactment of this Act" and inserting in lieu thereof "January 1, 1976,". (b) Section 205 (h) of the Act (42 U.S.C. 3015(h)) is amended by striking out "eighteen months after enactment of this Act," and inserting in lieu thereof "January 1, 1976,". 2 APPLICATION OF OTHER LAWS SEC. 102. Title II of the Act (42 U.S.C. 3011 et seq.) is amended by adding at the end thereof the following new section: "APPLICATION OF OTHER LAWS "SEC. 211. The provisions and requirements of the Act of December 5, 1974 (Public Law 93-510; Stat. 1604) shall not apply to the administration of the provisions of this Act or to the administration of any program or activity under this Act.”. DEFINITION OF SOCIAL SERVICES SEC. 103. Section 302(1) of the Act (42 U.S.C. 3022(1)) is amended— (1) in subparagraph (E) thereof, by striking out "or" at the end thereof; and (2) by redesignating subparagraph (F) as subparagraph (H) and by inserting immediately after subparagraph (E) the following new subparagraphs: "(F) services designed to provide legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, to older persons; '(G) services designed to enable older persons to attain and maintain physical and mental well being through programs of regular physical activity and exercise; or". GRANTS TO INDIAN TRIBES SEC. 104. (a) Section 303(b) of the Act (42 U.S.C. 3023(b)) is amended by redesignating paragraph (3) as paragraph (4) and by inserting immediately after paragraph (2) the following new paragraph: “(3)(A) In any State in which the Commissioner determines (after having taken into account the amount of funds available to the State agency or to an appropriate area agency on aging to carry out the purposes of this title) that the members of an Indian tribe are not receiving benefits under this title that are equivalent to benefits provided to other older persons in the State or appropriate area, and if he further determines that the members of such tribe would be better served by means of grants made directly to provide such benefits, he shall reserve from sums that would otherwise be allotted to such State under paragraph (2) not less than 100 per centum nor more than 150 per centum of an amount which bears the same ratio to the State's allotment for the fiscal year involved as the population of all Indians aged sixty or over for whom a determination under this paragraph has been made bears to the population of all persons `aged sixty or over in such State. "(B) The sums reserved by the Commissioner on the basis of his determination under this paragraph shall be granted to the tribal organization serving the individuals for whom such a determination has been made, or where there is no tribal organization, to such other entity as he determines has the capacity to provide services pursuant to this title. "(C) In order for a tribal organization or other entity to be eligible for a grant for a fiscal year under this paragraph, it shall submit to the Commissioner a plan for such fiscal year which meets such criteria as the |