Coordination and Review 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.
