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 10406                    TITLE 42--THE PUBLIC HEALTH AND WELFARE             CHAPTER 110--FAMILY VIOLENCE PREVENTION AND SERVICES   Sec. 10406. Discrimination prohibited   (a) Recipients of Federal financial assistance; types of discrimination          prohibited      (1) 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 this part \1\ are considered to be programs and activities  receiving Federal financial assistance.      (2) No person shall on the ground of sex or religion be excluded  from participation in, be denied the benefits of, or be subject to  discrimination under, any program or activity funded in whole or in part  with funds made available under this chapter. Nothing in this chapter  shall require any such program or activity to include any individual in  any program or activity without taking into consideration that  individual's sex in those certain instances where sex is a bona fide  occupational qualification or programmatic factor reasonably necessary  to the normal operation of that particular program or activity. The  Secretary shall enforce the provisions of the preceding sentence in  accordance with section 602 of the Civil Rights Act of 1964 [42 U.S.C.  2000d-1]. Section 603 of such Act [42 U.S.C. 2000d-2] shall apply with  respect to any action taken by the Secretary to enforce such sentence.  This paragraph shall not be construed as affecting any other legal  remedy.  (b) Notification and request to secure compliance; referral to Attorney          General or other action by Secretary      Whenever the Secretary finds that a State or other entity that has  received financial assistance under this chapter 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 such officer to secure compliance. If,  within a reasonable period of time, not to exceed sixty days, the chief  executive officer fails or refuses to secure compliance, the Secretary  may--         (1) refer the matter to the Attorney General of the United      States with a recommendation that an appropriate civil action be      instituted,         (2) exercise the powers and functions provided by title VI of      the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age      Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], sections 504      and 505 of the Rehabilitation Act of 1973 [29 U.S.C. 794, 794a], or      title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et      seq.], as may be applicable, or         (3) take such other action as may be provided by law.  (c) Civil action by Attorney General      When a matter is referred to the Attorney General pursuant to  subsection (b)(1) of this section, 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.  (Pub. L. 98-457, title III, Sec. 307, Oct. 9, 1984, 98 Stat. 1761.)                         References in Text      The Age Discrimination Act of 1975, referred to in subsecs. (a)(1),  (b)(2), 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),  (b)(2), 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 note set out  under section 1001 of Title 20 and Tables.     The Civil Rights Act of 1964, referred to in subsecs. (a)(1),  (b)(2), 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 this title. For complete classification of  this Act to the Code, see note set out under section 2000a of this title  and Tables.     This part, referred to in subsec. (a)(1), probably was intended to  be a reference to this title, meaning title III of Pub. L. 98-457 which  enacted this chapter, because title III was not divided into parts and  because similar references to programs or activities funded in whole or  in part with funds made available, referred to ``this title''.