Federal Coordination And Compliance Section

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 23, 2000] [Document not affected by Public Laws enacted between   January 23, 2000 and December 4, 2001]

                                         42 USC 290cc-33                    TITLE 42--THE PUBLIC HEALTH AND WELFARE                       CHAPTER 6A--PUBLIC HEALTH SERVICE         SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES                               ADMINISTRATION        Part C--Projects for Assistance in Transition From Homelessness   Sec. 290cc-33. Nondiscrimination   (a) In general      (1) Rule of construction regarding certain civil rights laws          For the purpose of applying the prohibitions against      discrimination on the basis of age under the Age Discrimination Act      of 1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under      section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on      the basis of sex under title IX of the Education Amendments of 1972      [20 U.S.C. 1681 et seq.], or on the basis of race, color, or      national origin under title VI of the Civil Rights Act of 1964 [42      U.S.C. 2000d et seq.], programs and activities funded in whole or in      part with funds made available under section 290cc-21 of this title      shall be considered to be programs and activities receiving Federal      financial assistance.                             (2) Prohibition          No person shall on the ground of sex or religion be excluded      from participation in, be denied the benefits of, or be subjected to      discrimination under, any program or activity funded in whole or in      part with funds made available under section 290cc-21 of this title.  (b) Enforcement             (1) Referrals to Attorney General after notice          Whenever the Secretary finds that a State, or an entity that has      received a payment pursuant to section 290cc-21 of this title, has      failed to comply with a provision of law referred to in subsection      (a)(1) of this section, with subsection (a)(2) of this section, or      with an applicable regulation (including one prescribed to carry out      subsection (a)(2) of this section), the Secretary shall notify the      chief executive officer of the State and shall request the chief      executive officer to secure compliance. If within a reasonable      period of time, not to exceed 60 days, the chief executive officer      fails or refuses to secure compliance, the Secretary may--             (A) refer the matter to the Attorney General with a          recommendation that an appropriate civil action be instituted;             (B) exercise the powers and functions provided by the Age          Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], section 504          of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of          the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or          title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et          seq.], as may be applicable; or             (C) take such other actions as may be authorized by law.                    (2) Authority of Attorney General          When a matter is referred to the Attorney General pursuant to      paragraph (1)(A), or whenever the Attorney General has reason to      believe that a State or an entity is engaged in a pattern or      practice in violation of a provision of law referred to in      subsection (a)(1) of this section or in violation of subsection      (a)(2) of this section, the Attorney General may bring a civil      action in any appropriate district court of the United States for      such relief as may be appropriate, including injunctive relief.  (July 1, 1944, ch. 373, title V, Sec. 533, as added Pub. L. 100-77,  title VI, Sec. 611(3), July 22, 1987, 101 Stat. 522; amended Pub. L.  101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4732.)                         References in Text      The Age Discrimination Act of 1975, referred to in subsecs. (a)(1)  and (b)(1)(B), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.  728, as amended, which is classified generally to chapter 76 (Sec. 6101  et seq.) of this title. For complete classification of this Act to the  Code, see Short Title note set out under section 6101 of this title and  Tables.     The Education Amendments of 1972, referred to in subsecs. (a)(1) and  (b)(1)(B), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended.  Title IX of the Education Amendments of 1972 is classified principally  to chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete  classification of this Act to the Code, see Short Title of 1972  Amendment note set out under section 1001 of Title 20 and Tables.     The Civil Rights Act of 1964, referred to in subsecs. (a)(1) and  (b)(1)(B), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.  Title VI of the Civil Rights Act of 1964 is classified generally to  subchapter V (Sec. 2000d et seq.) of chapter 21 of this title. For  complete classification of this Act to the Code, see Short Title note  set out under section 2000a of this title and Tables.                                  Amendments      1990--Pub. L. 101-645 amended section generally, substituting  provisions relating to nondiscrimination for provision relating to  establishment of prohibition against making certain false statements.