31 U.S.C. § 6711 — Prohibited discrimination

Page 547 TITLE 31—MONEY AND FINANCE § 6712 chapter, the 10-day period under subsection (b)(1) may be changed to the extent necessary to comply with applicable State or local law. (Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1873.) Editorial Notes PRIOR PROVISIONS A prior section 6710, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1020, related to separate law enforcement officer allocations for Louisiana, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986. § 6711. Prohibited discrimination (a) GENERAL PROHIBITION.—No person in the United States shall be excluded from partici- pating in, be denied the benefits of, or be subject to discrimination under, a program or activity of a unit of general local government because of race, color, national origin, or sex if the govern- ment receives a payment under this chapter. (b) ADDITIONAL PROHIBITIONS.—The following prohibitions and exemptions also apply to a pro- gram or activity of a unit of general local gov- ernment if the government receives a payment under this chapter: (1) A prohibition against discrimination be- cause of age under the Age Discrimination Act of 1975. (2) A prohibition against discrimination against an otherwise qualified handicapped in- dividual under section 504 of the Rehabilita- tion Act of 1973. (3) A prohibition against discrimination be- cause of religion, or an exemption from that prohibition, under the Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968 (popu- larly known as the Civil Rights Act of 1968). (c) LIMITATIONS ON APPLICABILITY OF PROHIBI- TIONS.—Subsections (a) and (b) do not apply if the government shows, by clear and convincing evidence, that a payment received under this chapter is not used to pay for any part of the program or activity with respect to which the allegation of discrimination is made. (d) INVESTIGATION AGREEMENTS.—The Sec- retary shall try to make agreements with heads of agencies of the United States Government and State agencies to investigate noncompli- ance with this section. An agreement shall— (1) describe the cooperative efforts to be taken (including sharing civil rights enforce- ment personnel and resources) to obtain com- pliance with this section; and (2) provide for notifying immediately the Secretary of actions brought by the United States Government or State agencies against a unit of general local government alleging a violation of a civil rights law or a regulation prescribed under a civil rights law. (Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1874.) Editorial Notes REFERENCES IN TEXT The Age Discrimination Act of 1975, referred to in subsec. (b)(1), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 42 and Tables. Section 504 of the Rehabilitation Act of 1973, referred to in subsec. (b)(2), is classified to section 794 of Title 29, Labor. The Civil Rights Act of 1964, referred to in subsec. (b)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, which is classified principally to subchapters II to IX (§ 2000a et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. Title VIII of the Act of April 11, 1968, referred to in subsec. (b)(3), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, known as the Fair Housing Act, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables. PRIOR PROVISIONS A prior section 6711, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1021; Pub. L. 98–185, § 4, Nov. 30, 1983, 97 Stat. 1309, related to State variation of local government alloca- tions, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986. § 6712. Discrimination proceedings (a) NOTICE OF NONCOMPLIANCE.—By the 10th day after the Secretary makes a finding of dis- crimination or receives a holding of discrimina- tion about a unit of general local government, the Secretary shall submit a notice of non- compliance to the government. The notice shall state the basis of the finding or holding. (b) INFORMAL PRESENTATION OF EVIDENCE.—A unit of general local government may present evidence informally to the Secretary within 30 days after the government receives a notice of noncompliance from the Secretary. Except as provided in subsection (e), the government may present evidence on whether— (1) a person in the United States has been ex- cluded or denied benefits of, or discriminated against under, the program or activity of the government, in violation of section 6711(a); (2) the program or activity of the govern- ment violated a prohibition described in sec- tion 6711(b); and (3) any part of that program or activity has been paid for with a payment received under this chapter. (c) TEMPORARY SUSPENSION OF PAYMENTS.—By the end of the 30-day period under subsection (b), the Secretary shall decide whether the unit of general local government has not complied with section 6711(a) or (b), unless the govern- ment has entered into a compliance agreement under section 6714. If the Secretary decides that the government has not complied, the Secretary shall notify the government of the decision and shall suspend payments to the government under this chapter unless, within 10 days after the government receives notice of the decision, the government— (1) enters into a compliance agreement under section 6714; or (2) requests a proceeding under subsection (d)(1).