
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6727]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 80--PUBLIC WORKS EMPLOYMENT
 
                 SUBCHAPTER II--ANTIRECESSION PROVISIONS
 
Sec. 6727. Nondiscrimination

    (a)(1) No person in the United States shall, on the ground of race, 
color, national origin, or sex, be excluded from participation in, be 
denied the benefits of, or be subjected to discrimination under any 
program or activity of a State government or unit of local government, 
which government or unit receives funds made available under this 
subchapter. Any prohibition 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 otherwise qualified handicapped individual as 
provided in section 794 of title 29 shall also apply to any such program 
or activity. Any prohibition against discrimination on the basis of 
religion, or any exemption, from such prohibition, as provided in the 
Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.] or title VIII of the 
Act of April 11, 1968, commonly referred to as Civil Rights Act of 1968 
[42 U.S.C. 3601 et seq.], shall also apply to any such program or 
activity.
    (2)(A) The provisions of paragraph (1) of this subsection shall not 
apply where any State government or unit of local government 
demonstrates, by clear and convincing evidence, that the program or 
activity with respect to which the allegation of discrimination has been 
made is not funded in whole or in part with funds made available under 
this subchapter.
    (B) The provisions of paragraph (1), relating to discrimination on 
the basis of handicapped status, shall not apply with respect to 
construction projects commenced prior to January 1, 1977.
    (b) The provisions of subsection (a) of this section shall be 
enforced by the Secretary in the same manner and in accordance with the 
same procedures as are required by sections 6701(a)(2), (3), 6716-6720, 
6721, and 6723(f) of title 31 \1\ to enforce compliance with section 
6716(a)-(c) of title 31.\1\ The Attorney General shall have the same 
authority, functions, and duties with respect to funds made available 
under this subchapter as the Attorney General has under sections 
6716(d), 6720, and 6721(d) of title 31 \1\ with respect to funds made 
available under chapter 67 of title 31.\1\ Any person aggrieved by a 
violation of subsection (a) of this section shall have the same rights 
and remedies as a person aggrieved by a violation of section 6716(a)-(c) 
of title 31,\1\ including the rights provided under section 6721(d) of 
title 31.\1\
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    \1\ See References in Text note below.
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(Pub. L. 94-369, title II, Sec. 207, July 22, 1976, 90 Stat. 1007; Pub. 
L. 95-30, title VI, Sec. 605, May 23, 1977, 91 Stat. 166.)

                       References in Text

    The Age Discrimination Act of 1975, referred to in subsec. (a)(1), 
is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, 
which is classified generally to chapter 76 (Sec. 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 Civil Rights Act of 1964, referred to in subsec. (a)(1), is Pub. 
L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is classified 
principally to subchapters II to IX (Sec. 2000a 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.
    Act of April 11, 1968, referred to in subsec. (a)(1), is Pub. L. 90-
284, Apr. 11, 1968, 82 Stat. 73, as amended, known as the Civil Rights 
Act of 1968. Title VIII of Pub. L. 90-284, known as the Fair Housing 
Act, is classified principally to subchapter I (Sec. 3601 et seq.) of 
chapter 45 of this title.
    Chapter 67 of title 31, including sections 6701, 6716-6720, 6721, 
and 6723, referred to in subsec. (b), was repealed by Pub. L. 99-272, 
title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100 Stat. 327. See, also, 
Codification note below.

                          Codification

    In subsec. (b), ``sections 6701(a)(2), (3), 6716-6720, 6721, and 
6723(f) of title 31'' substituted for ``sections 122, 124, and 125 of 
the State and Local Fiscal Assistance Act of 1972 [31 U.S.C. 1242, 1244, 
1245]'', ``section 6716(a)-(c) of title 31'' substituted for ``section 
122(a) of such Act'' and also for ``subsection (a) of section 122 of 
such Act'' [31 U.S.C. 1242(a)], ``sections 6716(d), 6720, and 6721(d) of 
title 31'' substituted for ``sections 122(g) and (h) and 124(c) of such 
Act [31 U.S.C. 1242(g), (h), 1244(c)]'', and ``chapter 67 of title 31'' 
substituted for ``that Act [31 U.S.C. 1221 et seq.]'', respectively, on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance. See, 
also, References in Text note above.


                               Amendments

    1977--Pub. L. 95-30 amended section generally, inserting reference 
to discriminatory practices prohibited by the Age Discrimination Act of 
1975 and the Rehabilitation Act of 1973 and generally restructuring the 
enforcement and remedies provisions to incorporate the procedures of the 
Secretary and of the Attorney General under the State and Local Fiscal 
Assistance Act of 1972.

                  Section Referred to in Other Sections

    This section is referred to in sections 6725, 6736 of this title.
