42 U.S.C. § 8625 — Nondiscrimination provisions

Page 7639 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8626 allowances received by tenants described in subsection (a)(2) when setting benefit levels under the Low-Income Home Energy Assistance Program. The size of any re- duction in Low-Income Home Energy Assistance Pro- gram benefits must be reasonably related to the amount of the heating or cooling component of the utility allowance received and must ensure that the highest level of assistance will be furnished to those households with the lowest incomes and the highest en- ergy costs in relation to income, taking into account family size, in compliance with section 2605(b)(5) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(5)).’’ § 8625. Nondiscrimination provisions (a) Prohibitions No person shall on the ground of race, color, national origin, or sex be excluded from partici- pation in, be denied the benefits of, or be sub- jected to discrimination under, any program or activity funded in whole or in part with funds made available under this subchapter. Any pro- hibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an other- wise qualified handicapped individual as pro- vided in section 794 of title 29 also shall apply to any such program or activity. (b) Procedures applicable to secure compliance Whenever the Secretary determines that a State that has received a payment under this subchapter has failed to comply with subsection (a) or an applicable regulation, he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to se- cure compliance, the Secretary is authorized to (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 [42 U.S.C. 2000d et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 794 of title 29, as may be appli- cable; or (3) take such other action as may be provided by law. (c) Maintenance of civil actions When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that the State is en- gaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. (Pub. L. 97–35, title XXVI, § 2606, Aug. 13, 1981, 95 Stat. 900.) Editorial Notes REFERENCES IN TEXT The Age Discrimination Act of 1975, referred to in subsecs. (a) and (b), is title III of Pub. L. 94–135, Nov. 28, 1975, 78 Stat. 728, which is classified generally to chap- ter 76 (§ 6101 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. 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 Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. § 8626. Payments to States; fiscal year require- ments respecting availability, etc. (a)(1) From its allotment under section 8623 of this title, the Secretary shall make payments to each State in accordance with section 6503(a) of title 31, for use under this subchapter. (2) Each State shall notify the Secretary, not later than 2 months prior to the close of a fiscal year, of the amount (if any) of its allotment for such year that will not be obligated in such year, and, if such State elects to submit a re- quest described in subsection (b)(2), such State shall submit such request at the same time. The Secretary shall make no payment under para- graph (1) to a State for a fiscal year unless the State has complied with this paragraph with re- spect to the prior fiscal year. (b)(1) If— (A) the Secretary determines that, as of Sep- tember 1 of any fiscal year, an amount allot- ted to a State under section 8623 of this title for any fiscal year will not be used by such State during such fiscal year; (B) the Secretary— (i) notifies the chief executive officer of such State; and (ii) publishes a timely notice in the Fed- eral Register; that, after the 30-day period beginning on the date of the notice to such chief executive offi- cer, such amount may be reallotted; and (C) the State does not request, under para- graph (2), that such amount be held available for such State for the following fiscal year; then such amount shall be treated by the Sec- retary for purposes of this subchapter as an amount appropriated for the following fiscal year to be allotted under section 8623 of this title for such following fiscal year. (2)(A) Any State may request that an amount allotted to such State for a fiscal year be held available for such State for the following fiscal year. Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fis- cal year. Any amount so held available for the following fiscal year shall not be taken into ac- count in computing the allotment of or the amount payable to such State for such fiscal year under this subchapter. (B) No amount may be held available under this paragraph for a State from a prior fiscal year to the extent such amount exceeds 10 per- cent of the amount payable to such State for such prior fiscal year. For purposes of the pre- ceding sentence, the amount payable to a State for a fiscal year shall be determined without re- gard to any amount held available under this paragraph for such State for such fiscal year from the prior fiscal year. (C) The Secretary shall reallot amounts made available under this paragraph for the fiscal