Coordination and Review Section
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 708
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 7--SOCIAL SECURITY
SUBCHAPTER V--MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT
Sec. 708. Nondiscrimination provisions
(a) Federally funded activities
(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 subchapter 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 subjected to
discrimination under, any program or activity funded in whole or in part
with funds made available under this subchapter.
(b) Compliance
Whenever the Secretary finds that a State, or an entity that has
received a payment from an allotment to a State under section 702(c) 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), he shall notify the chief
executive officer of the State and shall request him 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 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.], or section 504
of the Rehabilitation Act of 1973 [29 U.S.C. 794], as may be
applicable, or
(3) take such other action as may be provided by law.
(c) Authority of Attorney General; civil actions
When a matter is referred to the Attorney General pursuant to
subsection (b)(1) of this section, or whenever he has reason to believe
that the 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.
(Aug. 14, 1935, ch. 531, title V, Sec. 508, as added Pub. L. 97-35,
title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 825; amended Pub. L.
101-239, title VI, Sec. 6502(b), Dec. 19, 1989, 103 Stat. 2276.)
References in Text
The Age Discrimination Act of 1975, referred to in subsecs. (a)(1)
and (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 subsec. (a)(1), 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) and
(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 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.
Prior Provisions
A prior section 708, act Aug. 14, 1935, ch. 531, title V, Sec. 508,
as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81 Stat.
926; amended July 10, 1972, Pub. L. 92-345, Sec. 2(d), 86 Stat. 457;
July 1, 1973, Pub. L. 93-53, Sec. 4(a)(6), 87 Stat. 135, related to
special project grants for maturity and infant care, prior to the
general revision of this subchapter by section 2192(a) of Pub. L. 97-35.
For effective date, savings, and transitional provisions, see section
2194 of Pub. L. 97-35, set out as a note under section 701 of this
title.
Provisions similar to those comprising former section 708 were
contained in section 531 of act Aug. 14, 1935, ch. 531, title V, as
added Oct. 24, 1963, Pub. L. 88-156, Sec. 4, 77 Stat. 274 (formerly
classified to section 729 of this title), prior to the general amendment
and renumbering of title V of act Aug. 14, 1935, by Pub. L. 90-248,
Sec. 301.
Amendments
1989--Subsec. (b). Pub. L. 101-239 substituted ``702(c) of this
title'' for ``702(b) of this title'' in introductory provisions.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101-239 applicable to appropriations for fiscal
years beginning with fiscal year 1990, see section 6510(a) of Pub. L.
101-239, set out as a note under section 701 of this title.
Section Referred to in Other Sections
This section is referred to in sections 705, 710 of this title.
