Page:United States Statutes at Large Volume 110 Part 3.djvu/412

 110 STAT. 2142 PUBLIC LAW 104-193—AUG. 22, 1996 "(c) NONDISCRIMINATION PROVISIONS. —The following provisions of law shall apply to any program or activity which receives funds provided under this part: "(1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). "(2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). "(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). "(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). "(d) ALIENS.— For special rules relating to the treatment of aliens, see section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 42 USC 609. "SEC. 409. PENALTIES. "(a) IN GENERAL.—Subject to this section: "(1) USE OF GRANT IN VIOLATION OF THIS PART.— "(A) GENERAL PENALTY. — If an audit conducted under chapter 75 of title 31, United States Code, finds that an amount paid to a State under section 403 for a fiscal year has been used in violation of this part, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year quarter by the amount so used. " (B) ENHANCED PENALTY FOR INTENTIONAL VIOLA- TIONS.—I f the State does not prove to the satisfaction of the Secretary that the State did not intend to use the amount in violation of this part, the Secretary shall further reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year quarter by an amount equal to 5 percent of the State family assistance grant. " (2) FAILURE TO SUBMIT REQUIRED REPORT. — "(A) IN GENERAL. — I f the Secretary determines that a State has not, within 1 month after the end of a fiscal quarter, submitted the report required by section 411(a) for the quarter, the Secretary shall reduce the grant pay- able to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 4 percent of the State family assistance grant. "(B) RESCISSION OF PENALTY. —The Secretary shall rescind a penalty imposed on a State under subparagraph (A) with respect to a report if the State submits the report before the end of the fiscal quarter that immediately succeeds the fiscal quarter for which the report was required. " (3) FAILURE TO SATISFY MINIMUM PARTICIPATION RATES.— "(A) IN GENERAL. — If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has failed to comply with section 407(a) for the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than the applicable percentage of the State family assistance grant.

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