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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''.


General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Leadership
Deeana Jang
Chief
Contact
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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