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42 U.S.C. § 12635 — Nondiscrimination

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12635 — Nondiscrimination

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Page 8368 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12633 EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 114 of Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. Amendment by section 402(b)(1) of Pub. L. 103–82 ef- fective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title. § 12633. Supplementation (a) In general Assistance provided under this subchapter shall be used to supplement the level of State and local public funds expended for services of the type assisted under this subchapter in the previous fiscal year. (b) Aggregate expenditure Subsection (a) shall be satisfied, with respect to a particular program, if the aggregate ex- penditure for such program for the fiscal year in which services are to be provided will not be less than the aggregate expenditure for such pro- gram in the previous fiscal year, excluding the amount of Federal assistance provided and any other amounts used to pay the remainder of the costs of programs assisted under this sub- chapter. (Pub. L. 101–610, title I, § 173, Nov. 16, 1990, 104 Stat. 3160.) § 12634. Prohibition on use of funds (a) Prohibited uses No assistance made available under a grant under this subchapter shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization. (b) Political activity Assistance provided under this subchapter shall not be used by program participants and program staff to— (1) assist, promote, or deter union orga- nizing; or (2) finance, directly or indirectly, any activ- ity designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office. (c) Contracts or collective bargaining agree- ments A program that receives assistance under this subchapter shall not impair existing contracts for services or collective bargaining agreements. (d) Referrals for Federal assistance A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance pro- grams or State assistance programs funded in part by the Federal Government. (Pub. L. 101–610, title I, § 174, Nov. 16, 1990, 104 Stat. 3160; Pub. L. 111–13, title I, § 1603, Apr. 21, 2009, 123 Stat. 1529.) Editorial Notes AMENDMENTS 2009—Subsec. (d). Pub. L. 111–13 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. § 12635. Nondiscrimination (a) In general (1) Basis An individual with responsibility for the op- eration of a project that receives assistance under this subchapter shall not discriminate against a participant in, or member of the staff of, such project on the basis of race, color, national origin, sex, age, or political af- filiation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a dis- ability. (2) ‘‘Qualified individual with a disability’’ de- fined As used in paragraph (1), the term ‘‘qualified individual with a disability’’ has the meaning given the term in section 12111(8) of this title. (b) Federal financial assistance Any assistance provided under this subchapter shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Edu- cation Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall con- stitute Federal financial assistance to an edu- cation program or activity for purposes of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). (c) Religious discrimination (1) In general Except as provided in paragraph (2), an indi- vidual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate on the basis of religion against a participant in such project or a member of the staff of such project who is paid with funds received under this subchapter. (2) Exception Paragraph (1) shall not apply to the employ- ment, with assistance provided under this sub- chapter, of any member of the staff, of a project that receives assistance under this subchapter, who was employed with the orga- nization operating the project on the date the grant under this subchapter was awarded. (d) Rules and regulations The Chief Executive Officer shall promulgate rules and regulations to provide for the enforce- ment of this section that shall include provi- sions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided. (Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104 Stat. 3161; Pub. L. 103–82, title I, § 115, Sept. 21, 1993, 107 Stat. 862.) Page 8369 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12636 Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Education Amendments of 1972, referred to in subsec. (b), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Edu- cation. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables. The Age Discrimination Act of 1975, referred to in subsec. (b), 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 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. AMENDMENTS 1993—Pub. L. 103–82 amended section generally, mak- ing revisions relating to discrimination based on dis- ability, the laws for which assistance under this sub- chapter constitutes Federal financial assistance, and the responsibility for promulgating regulations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12636. Notice, hearing, and grievance proce- dures (a) In general (1) Suspension of payments The Corporation may in accordance with the provisions of this subchapter, suspend or ter- minate payments under a contract or grant providing assistance under this subchapter, or revoke the designation of positions, related to the grant or contract, as approved national service positions, whenever the Corporation determines there is a material failure to com- ply with this subchapter or the applicable terms and conditions of any such grant or con- tract issued pursuant to this subchapter. (2) Procedures to ensure assistance The Corporation shall prescribe procedures to ensure that— (A) assistance provided under this sub- chapter shall not be suspended for failure to comply with the applicable terms and condi- tions of this subchapter except, in emer- gency situations, a suspension may be grant- ed for 1 or more periods of 30 days not to ex- ceed a total of 90 days; and (B) assistance provided under this sub- chapter shall not be terminated or revoked for failure to comply with applicable terms and conditions of this subchapter unless the recipient of such assistance has been af- forded reasonable notice and opportunity for a full and fair hearing. (b) Hearings Hearings or other meetings that may be nec- essary to fulfill the requirements of this section shall be held at locations convenient to the re- cipient of assistance under this subchapter. (c) Transcript or recording A transcript or recording shall be made of a hearing conducted under this section and shall be available for inspection by any individual. (d) State legislation Nothing in this subchapter shall be construed to preclude the enactment of State legislation providing for the implementation, consistent with this subchapter, of the programs adminis- tered under this subchapter. (e) Construction Nothing in this subchapter shall be construed to link performance of service with receipt of Federal student financial assistance, other than assistance provided pursuant to this chapter. (f) Grievance procedure (1) In general An entity that receives assistance under this subchapter shall establish and maintain a pro- cedure for the filing and adjudication of griev- ances from participants, labor organizations, and other interested individuals concerning projects that receive assistance under this subchapter, including grievances regarding proposed placements of such participants in such projects. (2) Deadline for grievances Except for a grievance that alleges fraud or criminal activity, a grievance shall be made not later than 1 year after the date of the al- leged occurrence of the event that is the sub- ject of the grievance. (3) Deadline for hearing and decision (A) Hearing A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance. (B) Decision A decision on any such grievance shall be made not later than 60 days after the filing of such grievance. (4) Arbitration (A) In general (i) Jointly selected arbitrator In the event of a decision on a grievance that is adverse to the party who filed such grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitra- tion before a qualified arbitrator who is jointly selected and independent of the in- terested parties. (ii) Appointed arbitrator If the parties cannot agree on an arbi- trator, the Chief Executive Officer shall appoint an arbitrator from a list of quali- fied arbitrators within 15 days after receiv- ing a request for such appointment from one of the parties to the grievance. (B) Deadline for proceeding An arbitration proceeding shall be held not later than 45 days after the request for

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1681 — Sex

**(a) Prohibition against discrimination; exceptions** No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that: (1) **Classes of educational institutions subject to prohibition** — in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education; (2) **Educational institutions commencing planned change in admissions** — in regard to admissions to educational institutions, this section shall not apply (A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later; (3) **Educational institutions of religious organizations with contrary religious tenets** — this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenet

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1681 — Sex

Page 1025 TITLE 20—EDUCATION § 1681 § 1653. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–318, title VIII, § 803, June 23, 1972, 86 Stat. 372, provided that the effectiveness of orders of district courts requiring transfer or transportation of students for purposes of achieving a balance among stu- dents with respect to race, sex, religion, or socio- economic status, be postponed until all appeals in con- nection with such orders have been exhausted or until expiration of the time for such appeals, expired at mid- night on Jan. 1, 1974. § 1654. Intervention authorization in implemen- tation of court orders A parent or guardian of a child, or parents or guardians of children similarly situated, trans- ported to a public school in accordance with a court order, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process. (Pub. L. 92–318, title VIII, § 804, June 23, 1972, 86 Stat. 372.) § 1655. Uniform rules of evidence of racial dis- crimination The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States. (Pub. L. 92–318, title VIII, § 805, June 23, 1972, 86 Stat. 372.) § 1656. Prohibition against official or court or- ders to achieve racial balance or insure com- pliance with constitutional standards appli- cable to entire United States The proviso of section 407(a) of the Civil Rights Act of 1964 [42 U.S.C. 2000c–6(a)] providing in substance that no court or official of the United States shall be empowered to issue

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794 — Disability, Independent Living, and Rehabilitation Research Advisory Council

**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary. **(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim). **(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. **(d) Terms of appointment** (1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic

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29 U.S.C. § 794 — Nondiscrimination under Federal grants

Page 300 TITLE 29—LABOR § 794 1 See References in Text note below. ‘‘handicapped individuals’’ and ‘‘section 706(8) of this title’’ for ‘‘section 706(7) of this title’’. Subsec. (b). Pub. L. 99–506, §§ 103(d)(2)(B), (C), 1001(f)(2), substituted ‘‘individual with handicaps’’ for ‘‘handicapped individual’’, ‘‘individuals with handi- caps’’ for ‘‘handicapped individuals’’, and ‘‘a contract’’ for ‘‘his contract’’. Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted ‘‘The President’’ for ‘‘he’’ in two places and substituted ‘‘the reasons’’ for ‘‘his reasons’’. 1978—Subsec. (a). Pub. L. 95–602 substituted ‘‘section 706(7) of this title’’ for ‘‘section 706(6) of this title’’. § 794. Nondiscrimination under Federal grants and programs (a) Promulgation of rules and regulations No otherwise qualified individual with a dis- ability in the United States, as defined in sec- tion 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assist- ance or under any program or activity con- ducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amend- ments to this section made by the Rehabilita- tion, Comprehensive Services, and Develop- mental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appro- priate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such commit- tees. (b) ‘‘Program or activity’’ defined For the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12635 — Prohibition on use of funds

**(a) Prohibited uses** No assistance made available under a grant under this subchapter shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization. **(b) Political activity** Assistance provided under this subchapter shall not be used by program participants and program staff to— (1) assist, promote, or deter union organizing; or (2) finance, directly or indirectly, any activity designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office. **(c) Contracts or collective bargaining agreements** A program that receives assistance under this subchapter shall not impair existing contracts for services or collective bargaining agreements. **(d) Referrals for Federal assistance** A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Government.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000d — Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000d — Prohibition against exclusion from par-

Page 5254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000c–7 § 2000c–7. Liability of United States for costs In any action or proceeding under this sub- chapter the United States shall be liable for costs the same as a private person. (Pub. L. 88–352, title IV, § 408, July 2, 1964, 78 Stat. 249.) § 2000c–8. Personal suits for relief against dis- crimination in public education Nothing in this subchapter shall affect ad- versely the right of any person to sue for or ob- tain relief in any court against discrimination in public education. (Pub. L. 88–352, title IV, § 409, July 2, 1964, 78 Stat. 249.) § 2000c–9. Classification and assignment Nothing in this subchapter shall prohibit clas- sification and assignment for reasons other than race, color, religion, sex or national origin. (Pub. L. 88–352, title IV, § 410, July 2, 1964, 78 Stat. 249; Pub. L. 92–318, title IX, § 906(a), June 23, 1972, 86 Stat. 375.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–318 inserted ‘‘sex’’ after ‘‘religion,’’. SUBCHAPTER V—FEDERALLY ASSISTED PROGRAMS § 2000d. Prohibition against exclusion from par- ticipation in, denial of benefits of, and dis- crimination under federally assisted pro- grams on ground of race, color, or national origin No person in the United States shall, on the ground of race, color, or national origin, be ex- cluded from participation in, be denied the bene- fits of, or be subjected to discrimination under any program or activity receiving Federal finan- cial assistance. (Pub. L. 88–352, title VI, § 601, July 2, 1964, 78 Stat. 252.) Executive Documents COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS For provisions relating to the coordination of imple- mentation and enforcement of the provisions of this subchapter by the Attorney Ge

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6101 — Statement of purpose

It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.

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42 U.S.C. § 6101 — Statement of purpose

Page 6644 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 6081 to 6083 Stat. 1317; amended Pub. L. 93–45, title III, § 301(b), June 18, 1973, 87 Stat. 95; Pub. L. 94–103, title I, §§ 101(a), 110(a), Oct. 4, 1975, 89 Stat. 486, 489; Pub. L. 95–602, title V, § 510(a), Nov. 6, 1978, 92 Stat. 3010; Pub. L. 97–35, title IX, § 911(c), Aug. 13, 1981, 95 Stat. 563; Pub. L. 98–221, title III, § 304, Feb. 22, 1984, 98 Stat. 35, authorized ap- propriations for State allotments, prior to the general amendment of this chapter by Pub. L. 98–527. Section 6062, Pub. L. 88–164, title I, § 152, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2681; amended Pub. L. 100–146, title IV, § 402, Oct. 29, 1987, 101 Stat. 853; Pub. L. 101–496, § 17, Oct. 31, 1990, 104 Stat. 1200; Pub. L. 103–230, title IV, § 403, Apr. 6, 1994, 108 Stat. 320; Pub. L. 105–12, § 9(l)(3), Apr. 30, 1997, 111 Stat. 28, provided for administration and operation grants. A prior section 6062, Pub. L. 88–164, title I, § 132, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1317; amended Pub. L. 94–103, title I, § 110(b)–(e)(1), title III, § 302(b)(1), Oct. 4, 1975, 89 Stat. 489, 490, 506; Pub. L. 94–278, title XI, § 1107(a) Apr. 22, 1976, 90 Stat. 416; Pub. L. 95–602, title V, § 510(b), Nov. 6, 1978, 92 Stat. 3010, related to allotments to States, prior to the gen- eral amendment of this chapter by Pub. L. 98–527. Section 6063, Pub. L. 88–164, title I, § 153, as added Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2682; amended Pub. L. 100–146, title IV, § 403, Oct. 29, 1987, 101 Stat. 855; Pub. L. 101–496, § 18, Oct. 31, 1990, 104 Stat. 1203; Pub. L. 103–230, title IV, § 404, Apr. 6, 1994, 108 Stat. 324, related to applications. A prior section 6063, Pub. L. 88–164, title I, § 1

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