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 300x-57
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A--PUBLIC HEALTH SERVICE
SUBCHAPTER XVII--BLOCK GRANTS
Part B--Block Grants Regarding Mental Health and Substance Abuse
subpart iii--general provisions
Sec. 300x-57. 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 300x or 300x-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 (including, in the case of
a woman, on the ground that the woman is pregnant), or on the ground
of 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 300x or 300x-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 300x or 300x-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 XIX, Sec. 1947, as added Pub. L. 102-321,
title II, Sec. 203(a), July 10, 1992, 106 Stat. 407.)
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 Act 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 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.
