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42 U.S.C. § 9920 — Operational rule

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

42 U.S.C. § 9920 — Operational rule

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Page 7962 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9919 (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 execu- tive officer fails or refuses to secure compli- ance, the Secretary is authorized to— (A) refer the matter to the Attorney Gen- eral with a recommendation that an appro- priate civil action be instituted; (B) exercise the powers and functions pro- vided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Age Dis- crimination 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 Ameri- cans 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 pro- vided by law. (3) Action of Attorney General When a matter is referred to the Attorney General pursuant to paragraph (2), or when- ever the Attorney General has reason to be- lieve 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 appro- priate United States district court for such re- lief as may be appropriate, including injunc- tive relief. (Pub. L. 97–35, title VI, § 678F, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2747.) Editorial Notes 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, 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. 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. Title II of the Act is classified gen- erally to subchapter II (§ 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. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. § 9919. Drug and child support services and re- ferrals (a) Drug testing and rehabilitation (1) In general Nothing in this chapter shall be construed to prohibit a State from testing participants in programs, activities, or services carried out or provided under this chapter for controlled sub- stances. A State that conducts such testing shall inform the participants who test positive for any of such substances about the avail- ability of treatment or rehabilitation services and refer such participants for appropriate treatment or rehabilitation services. (2) Administrative expenses Any funds provided under this chapter ex- pended for such testing shall be considered to be expended for administrative expenses and shall be subject to the limitation specified in section 9907(b)(2) of this title. (3) Definition In this subsection, the term ‘‘controlled sub- stance’’ has the meaning given the term in section 802 of title 21. (b) Child support services and referrals During each fiscal year for which an eligible entity receives a grant under section 9907 of this title, such entity shall— (1) inform custodial parents in single-parent families that participate in programs, activi- ties, or services carried out or provided under this chapter about the availability of child support services; and (2) refer eligible parents to the child support offices of State and local governments. (Pub. L. 97–35, title VI, § 678G, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2749.) § 9920. Operational rule (a) Religious organizations included as non- governmental providers For any program carried out by the Federal Government, or by a State or local government under this chapter, the government shall con- sider, on the same basis as other nongovern- mental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under this chapter shall discriminate against an organization that provides assistance under, or applies to provide assistance under, this chapter, on the basis that the organization has a religious character. (b) Religious character and independence (1) In general A religious organization that provides as- sistance under a program described in sub- section (a) shall retain its religious character and control over the definition, development, practice, and expression of its religious beliefs. (2) Additional safeguards Neither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal govern- ance, except (for purposes of administration of the community services block grant pro- gram) as provided in section 9910 of this title; or (B) to remove religious art, icons, scrip- ture, or other symbols; in order to be eligible to provide assistance under a program described in subsection (a). Page 7963 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9921 (3) Employment practices A religious organization’s exemption pro- vided under section 2000e–1 of this title regard- ing employment practices shall not be affected by its participation in, or receipt of funds from, programs described in subsection (a). (c) Limitations on use of funds for certain pur- poses No funds provided directly to a religious orga- nization to provide assistance under any pro- gram described in subsection (a) shall be ex- pended for sectarian worship, instruction, or proselytization. (d) Fiscal accountability (1) In general Except as provided in paragraph (2), any reli- gious organization providing assistance under any program described in subsection (a) shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds provided under such program. (2) Limited audit Such organization shall segregate govern- ment funds provided under such program into a separate account. Only the government funds shall be subject to audit by the govern- ment. (e) Treatment of eligible entities and other inter- mediate organizations If an eligible entity or other organization (re- ferred to in this subsection as an ‘‘intermediate organization’’), acting under a contract, or grant or other agreement, with the Federal Gov- ernment or a State or local government, is given the authority under the contract or agreement to select nongovernmental organizations to pro- vide assistance under the programs described in subsection (a), the intermediate organization shall have the same duties under this section as the government. (Pub. L. 97–35, title VI, § 679, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2749.) Editorial Notes PRIOR PROVISIONS A prior section 679 of Pub. L. 97–35 was classified to section 9908 of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. § 9921. Discretionary authority of Secretary (a) Grants, contracts, arrangements, loans, and guarantees (1) In general The Secretary shall, from funds reserved under section 9903(b)(3) of this title, make grants, loans, or guarantees to States and pub- lic agencies and private, nonprofit organiza- tions, or enter into contracts or jointly fi- nanced cooperative arrangements with States and public agencies and private, nonprofit or- ganizations (and for-profit organizations, to the extent specified in paragraph (2)(E)) for each of the objectives described in paragraphs (2) through (4). (2) Community economic development (A) Economic development activities The Secretary shall make grants described in paragraph (1) on a competitive basis to private, nonprofit organizations that are community development corporations to provide technical and financial assistance for economic development activities de- signed to address the economic needs of low- income individuals and families by creating employment and business development op- portunities. (B) Consultation The Secretary shall exercise the authority provided under subparagraph (A) after con- sultation with other relevant Federal offi- cials. (C) Governing boards For a community development corporation to receive funds to carry out this paragraph, the corporation shall be governed by a board that shall consist of residents of the commu- nity and business and civic leaders and shall have as a principal purpose planning, devel- oping, or managing low-income housing or community development projects. (D) Geographic distribution In making grants to carry out this para- graph, the Secretary shall take into consid- eration the geographic distribution of fund- ing among States and the relative propor- tion of funding among rural and urban areas. (E) Reservation Of the amounts made available to carry out this paragraph, the Secretary may re- serve not more than 1 percent for each fiscal year to make grants to private, nonprofit or- ganizations or to enter into contracts with private, nonprofit or for-profit organizations to provide technical assistance to aid com- munity development corporations in devel- oping or implementing activities funded to carry out this paragraph and to evaluate ac- tivities funded to carry out this paragraph. (3) Rural community development activities The Secretary shall provide the assistance described in paragraph (1) for rural commu- nity development activities, which shall in- clude providing— (A) grants to private, nonprofit corpora- tions to enable the corporations to provide assistance concerning home repair to rural low-income families and concerning plan- ning and developing low-income rural rental housing units; and (B) grants to multistate, regional, private, nonprofit organizations to enable the orga- nizations to provide training and technical assistance to small, rural communities con- cerning meeting their community facility needs. (4) Neighborhood innovation projects The Secretary shall provide the assistance described in paragraph (1) for neighborhood in- novation projects, which shall include pro- viding grants to neighborhood-based private,

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

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. § 12131 — Posting notices

Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by [section 2000e–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-10&num=0&edition=prelim).

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

42 U.S.C. § 12131 — Definitions

Page 8246 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12117 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title. § 12117. Enforcement (a) Powers, remedies, and procedures The powers, remedies, and procedures set forth in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title shall be the powers, rem- edies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under section 12116 of this title, concerning em- ployment. (b) Coordination The agencies with enforcement authority for actions which allege employment discrimina- tion under this subchapter and under the Reha- bilitation Act of 1973 [29 U.S.C. 701 et seq.] shall develop procedures to ensure that administra- tive complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of ef- fort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney Gen- eral, and the Office of Federal Contract Compli- ance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Com- mission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Under- standing between the Commission and the Office of Federal Contract Compl

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

42 U.S.C. § 9920 — Operational rule

**(a) Religious organizations included as nongovernmental providers** For any program carried out by the Federal Government, or by a State or local government under this chapter, the government shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under this chapter shall discriminate against an organization that provides assistance under, or applies to provide assistance under, this chapter, on the basis that the organization has a religious character. **(b) Religious character and independence** (1) **In general** — A religious organization that provides assistance under a program described in subsection (a) shall retain its religious character and control over the definition, development, practice, and expression of its religious beliefs. (2) **Additional safeguards** — Neither the Federal Government nor a State or local government shall require a religious organization— (A) to alter its form of internal governance, except (for purposes of administration of the community services block grant program) as provided in [section 9910 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9910&num=0&edition=prelim); or (B) to remove religious art, icons, scripture, or other symbols; in order to be eligible to provide assistance under a program described in subsection (a). (3) **Employment practices** — A religious organization’s exemption provided under [section 2000e–1 of this title](https://uscode.house.gov/view.xhtml?req=gran

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