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From the U.S. Code Online via GPO Access
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[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 9918 (Nondiscrimination Provision at 42 USC 9918(c))

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 106--COMMUNITY SERVICES BLOCK GRANT PROGRAM
 
Sec. 9918. Limitations on use of funds


(a) Construction of facilities

                           (1) Limitations

        Except as provided in paragraph (2), grants made under this 
    chapter (other than amounts reserved under section 9903(b)(3) of 
    this title) may not be used by the State, or by any other person 
    with which the State makes arrangements to carry out the purposes of 
    this chapter, for the purchase or improvement of land, or the 
    purchase, construction, or permanent improvement (other than low-
    cost residential weatherization or other energy-related home 
    repairs) of any building or other facility.

                             (2) Waiver

        The Secretary may waive the limitation contained in paragraph 
    (1) upon a State request for such a waiver, if the Secretary finds 
    that the request describes extraordinary circumstances to justify 
    the purchase of land or the construction of facilities (or the 
    making of permanent improvements) and that permitting the waiver 
    will contribute to the ability of the State to carry out the 
    purposes of this chapter.

(b) Political activities

              (1) Treatment as a State or local agency

        For purposes of chapter 15 of title 5, any entity that assumes 
    responsibility for planning, developing, and coordinating activities 
    under this chapter and receives assistance under this chapter shall 
    be deemed to be a State or local agency. For purposes of paragraphs 
    (1) and (2) of section 1502(a) of such title, any entity receiving 
    assistance under this chapter shall be deemed to be a State or local 
    agency.

                          (2) Prohibitions

        Programs assisted under this chapter shall not be carried on in 
    a manner involving the use of program funds, the provision of 
    services, or the employment or assignment of personnel, in a manner 
    supporting or resulting in the identification of such programs 
    with--
            (A) any partisan or nonpartisan political activity or any 
        political activity associated with a candidate, or contending 
        faction or group, in an election for public or party office;
            (B) any activity to provide voters or prospective voters 
        with transportation to the polls or similar assistance in 
        connection with any such election; or
            (C) any voter registration activity.

                      (3) Rules and regulations

        The Secretary, after consultation with the Office of Personnel 
    Management, shall issue rules and regulations to provide for the 
    enforcement of this subsection, which shall include provisions for 
    summary suspension of assistance or other action necessary to permit 
    enforcement on an emergency basis.

(c) Nondiscrimination

                           (1) In general

        No person shall, on the basis of race, color, national origin, 
    or sex 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 this 
    chapter. Any prohibition against discrimination on the basis of age 
    under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or 
    with respect to an otherwise qualified individual with a disability 
    as provided in section 504 of the Rehabilitation Act of 1973 (29 
    U.S.C. 794), or title II of the Americans with Disabilities Act of 
    1990 (42 U.S.C. 12131 et seq.) shall also apply to any such program 
    or activity.

                       (2) Action of Secretary

        Whenever the Secretary determines that a State that has received 
    a payment under this chapter has failed to comply with paragraph (1) 
    or an applicable regulation, the Secretary shall notify the chief 
    executive officer of the State and shall request that the officer 
    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 is authorized to--
            (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 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.), section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title 
        II of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12131 et seq.), as may be applicable; or
            (C) take such other action as may be provided by law.

                   (3) Action of Attorney General

        When a matter is referred to the Attorney General pursuant to 
    paragraph (2), or whenever the Attorney General has reason to 
    believe that the State is engaged in a pattern or practice of 
    discrimination in violation of the provisions of this subsection, 
    the Attorney General may bring a civil action in any appropriate 
    United States district court for such relief as may be appropriate, 
    including injunctive relief.

(Pub. L. 97-35, title VI, Sec. 678F, as added Pub. L. 105-285, title II, 
Sec. 201, Oct. 27, 1998, 112 Stat. 2747.)

                       References in Text

    The Age Discrimination Act of 1975, referred to in subsec. (c)(1), 
(2)(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 Americans with Disabilities Act of 1990, referred to in subsec. 
(c)(1), (2)(B), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as 
amended. Title II of the Act is classified generally to subchapter II 
(Sec. 12131 et seq.) of chapter 126 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 12101 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (c)(2)(B), is 
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the 
Act 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.

                  Section Referred to in Other Sections

    This section is referred to in section 9903 of 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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