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 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.

(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.