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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 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.


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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