Page:United States Statutes at Large Volume 124.djvu/3516

 124 STAT. 3490 PUBLIC LAW 111–320—DEC. 20, 2010 2000d et seq.), programs and activities funded in whole or in part with funds made available under this title are considered to be programs and activities receiving Federal financial assistance. ‘‘(B) PROHIBITION ON DISCRIMINATION ON BASIS OF SEX, RELIGION.— ‘‘(i) IN GENERAL.—No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity funded in whole or in part with funds made available under this title. Nothing in this title shall require any such program or activity to include any individual in any program or activity without taking into consideration that individual’s sex in those certain instances where sex is a bona fide occupational qualification or pro- grammatic factor reasonably necessary to the normal or safe operation of that particular program or activity. ‘‘(ii) ENFORCEMENT.—The Secretary shall enforce the provisions of clause (i) in accordance with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d– 1). Section 603 of such Act (42 U.S.C. 2000d–2) shall apply with respect to any action taken by the Secretary to enforce such clause. ‘‘(iii) CONSTRUCTION.—This subparagraph shall not be construed as affecting any legal remedy provided under any other provision of law. ‘‘(C) ENFORCEMENT AUTHORITIES OF SECRETARY.— Whenever the Secretary finds that a State, Indian tribe, or other entity that has received financial assistance under this title has failed to comply with a provision of law referred to in subparagraph (A), with subparagraph (B), or with an applicable regulation (including one prescribed to carry out subparagraph (B)), the Secretary shall notify the chief executive officer of the State involved or the tribally designated official of the tribe involved and shall request such officer or official to secure compliance. If, within a reasonable period of time, not to exceed 60 days, the chief executive officer or official fails or refuses to secure compliance, the Secretary may— ‘‘(i) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; ‘‘(ii) 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.), sections 504 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794(a)), or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as may be applicable; or ‘‘(iii) take such other action as may be provided by law. ‘‘(D) ENFORCEMENT AUTHORITY OF ATTORNEY GEN- ERAL.—When a matter is referred to the Attorney General pursuant to subparagraph (C)(i), or whenever the Attorney General has reason to believe that a State, an Indian tribe, or an entity described in subparagraph (C) is engaged Time period. Notification. Applicability.