Section 167. (a)(1) For the purpose of applying the
prohibitions against discrimination on the basis of age, under the Age
Discrimination Act of 1975, on the basis of disability under section 504 of the
Rehabilitation Act, on the basis of sex under title IX of the Education
Amendments of 1973, or the the basis of race, color or national origin under
title VI of the Civil Rights Act of 1964, programs and activities funded or
otherwise financially assisted in whole or in part under this Act are
considered to be programs and activities receiving Federal financial
assistance.
(2) No individual shall be excluded from participation in, denied
the benefits of , subjected to discrimination under, or denied employment in
the administration of or in connection with any such program because of race,
color, religion, sex, national origin, age, disability, or political
affiliation or belief.
(3) Participants shall not be employed on the construction,
operation, or maintenance of so much of any facility as is used or to be used
for sectarian instruction or as a place of religious worship.
(4)With respect to terms and conditions affecting, or rights
provided to, individuals who are participants in activities supported by funds
provided under this Act, such individuals shall not be discriminated against
solely because of their status as such participants.
(5) Participation in programs and activities financially assisted
in whole or in part under this Act shall be open to citizens and nationals of
the United States, lawfully admitted permanent resident aliens, lawfully
admitted refugees and parolees, and other individuals authorized by the
Attorney General to work in the United States.
(b) Whenever the Secretary finds that a State or other recipient
has failed to comply with a provision of law referred to in subsection (a)(1),
with paragraph (2), (3), (4), or (5) of subsection (a), or with an applicable
regulation prescribed to carry out such paragraphs, the Secretary shall notify
such State or recipient and shall request it to comply. If within a reasonable
period of time, not to exceed sixty days, the State or recipient fails or
refuses to comply, 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, the Age Discrimination Act of 1975, or section 504 of
the Rehabilitation Act, as may be applicable; or
(3) take such other action as may be provided by law.
(c) When a matter is referred to the Attorney General pursuant to
subsection (b)(1), or whenever the Attorney General has reason to believe that
a State or other recipient is engaged in a pattern or practice in violation of
a provision of law referred to in subsection (a)(1) or in violation of
paragraph (2), (3), (4), or (5) of subsection (a), 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.
(d) For purposes of this section, Job Corps members shall be
considered as the ultimate beneficiaries of Federal financial assistance.
(e)(1) The head of the office of the Department of Labor referred
to as the "Directorate of Civil Rights" shall annually prepare a report on the
administration and enforcement of this section.
(2) The report required by paragraph (1) shall include--
(A) an identification of the service delivery areas and States
that have been determined, during the preceding program year, not to be in
compliance with this section;
(B) for each such identification, the date on which the inquiry
was begun and whether the inquiry was initiated on the basis of a complaint or
at the initiative of the Department;
(C) an identification of the service delivery areas and States
awaiting findings by the Directorate;
(D) the number of service delivery areas and States that, during
the preceding year, were determined not to be in compliance with this section,
and the number for which insufficient data prevented the making of such
determination, identifying they type of data which is missing or inadequate;
(E) a statistical summary, broken down by race, sex, national
origin, disability, or age, of the number of inquiries taken and their
outcomes;
(F) an identification of any service delivery area or State that
has been determined, during the preceding year, to have failed to conduct
objective assessments as required by sections 204 and 264 on a
nondiscriminatory basis;
(G) the amount expended by the Directorate for the administration
and enforcement of this section, and the number and percentage of full-time
employees, and the full-time equivalent of the part-time employees, engaged in
such administration and enforcement;
(H) the number of onsite visits conducted each year, and whether
the visits were initiated by the Department or by complaint;
(I) the number of cases referred to the Attorney General, and for
such cases--
(i) the civil actions taken by the Attorney General thereon;
and
(ii) the use, by the Secretary, of the authority of title VI of
the Civil Rights Act of 1963 (42 U.S.C. 2000d et seq.), the Age Discrimination
Act of 1975 (29 U.S.C. 621 et seq.), or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794); and
(J) a description of any other actions taken by the Secretary
under or related to the administration and enforcement of this section
(3) The report required by this subsection shall be submitted to
Congress as part of the Secretary's annual report under section 169(d).
(f) In addition to any other sums authorized to be appropriated
under Federal law, there are authorized to be appropriated for the operations
and expenses of the Directorate, such sums as may be necessary for the purpose
of increasing the number of full-time equivalent personnel available to the
Directorate in order to comply with the requirements of this section.
(g) The Secretary shall issue final regulations implementing this
section not later that 90 days after the date of the enactment of the Job
Training Reform Amendments of 1992.
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