Browse Arkansas Code titles and sections
42 U.S.C. § 12633 — Supplementation
Federal law — U.S. Code and appendices · legal_authorities
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
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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.)
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1681
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 794
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) State reports**
(1) **In general** — Each State receiving assistance under this subchapter shall prepare and submit, to the Corporation, an annual report concerning the use of assistance provided under this subchapter and the status of the national and community service programs that receive assistance under such subchapter in such State.
(2) **Local grantees** — Each State may require local grantees that receive assistance under this subchapter to supply such information to the State as is necessary to enable the State to complete the report required under paragraph (1), including a comparison of actual accomplishments with the goals established for the program, the number of participants in the program, the number of service hours generated, and the existence of any problems, delays or adverse conditions that have affected or will affect the attainment of program goals.
(3) **Report demonstrating compliance**
(A) *In general* — Each State receiving assistance under this subchapter shall include information in the report required under paragraph (1) that demonstrates the compliance of the State with the provisions of this chapter, including [section 12637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12637&num=0&edition=prelim).
(B) *Local grantees* — Each State may require local grantees to supply such information to the State as is necessary to enable the State to comply with the requirement of paragraph (1).
(4) **Availability of report** — Reports submitted under paragraph (1) shall be made available to the public on request.
**(b) Report to Congress by Corporation**
(1) **In general** — Not later than 120 days after the end of each fiscal year, the Corporation shall prepare and submit, to the authorizi
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Federal law — U.S. Code and appendices · legal_authorities
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
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000d
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Federal law — U.S. Code and appendices · legal_authorities
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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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6101
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