Page:United States Statutes at Large Volume 86.djvu/974

 PUBLIC LAW 92-512-OCT. 20, 1972

[86 STAT.

SEC. 122. NONDISCRIMINATION PROVISION.

78 Stat. 252.

(a) I x GENERAL.—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 funded in whole or in part with funds made available under subtitle A. (b) AUTHORITY OF SECRETARY.—Vhenever the Secretary determines that a State government or unit of local government has failed to comply with subsection (a) or an applicable regulation, he shall notify the Governor of the State (or, in the case of a unit of local government, the Governor of the State in which such unit is located) of the noncompliance and shall request the Governor to secure compliance. If within a reasonable period of time the Governor fails or refuses to secure compliance, the Secretary is authorized (1) to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) to exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); or (8) to take such other action as may be provided by law. (c) AUTHORITY OF ATTORNEY GENERAL.—^\Vhen a matter is refeiTed to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or imit of local government is engaged in a pattern or practice in violation of the provisions cf 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. , SEC. 123. MISCELLANEOUS PROVISIONS. (a) ASSURANCES TO THE SECRETARY.—In order to qualify for any payment under subtitle A for any entitlement period beginning on or after January 1, 1973, a State government or unit of local government must establish (in accordance with regulations prescribed by the Secretary, and, with respect to a unit of local government, after an opportunity for review and comment by the Governor of the State in which such unit is located) to the satisfaction of the Secretary that— (1) it will establish a trust fund in which it will deposit all payments it receives under subtitle A; (2) it will use amounts in such trust fund (including any interest earned thereon while in such trust fund) during such reasonable period or periods as may be provided in such regulations; ' (3) in the case of a unit of local government, it will use amounts " in such trust fund (including any interest earned thereon while in ^ such trust fund) only for priority expenditures (as defined in '" section 103(a)), and will pay over to the Secretary (for deposit in the general fund of the Treasury) an amount equal to 110 percent of any amomit expended out of such trust fund in violation of this paragraph, unless such amount is promptly repaid to such trust fund (or the violation is otherwise corrected) after notice and opportunity for corrective action; (4) it will provide for the expenditure of amounts received under subtitle A only in accordance with the laws and procedures applicable to the expenditure of its own revenues; (.5) it will— (A) use fiscal, accounting, and audit procedures which conform to guidelines established therefor by the Secretary (after consultation with the Comptroller General of the United States), (B) provide to the Secretary (and to the Comptroller General of the United States), on reasonable notice, access to, and

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