Page:United States Statutes at Large Volume 90 Part 2.djvu/883

 PUBLIC LAW 94-488—OCT. 13, 1976 discrimination inider any program or activity of a State government or unit of local government, which government or unit receives funds made available under subtitle A. Any prohibition against, discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 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 or title VIII of the Act of April 11, 1968. hereafter referred to as Civil Rights Act of 1968, shall also apply to any such program or activity. "(2)

EXCEPTIONS.—

90 STAT. 2351

42 USC 6101 note. 29 USC 794. 42 USC 2000a note. 42 USC 3601.

' ' (A) FuxnixG.—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 subtitle A. 31 USC 1221. " (B) CoxsTHucTiox PROJECTS IX PROGRESS.—The provisions Effective date. of paragraph (1), relating to discrimination on the basis of handicapped status, shall not apply wnth respect to construction projects connnenced prior to January 1, 1977. "(b)

DETERMINATION BY THE SECRETARY.—

" (1) XoTicE OF xoxcoMPLiAXCE.—Witliiu 10 days after the Secretary has received a holding described in subsection (c)(1) or has made a finding described in subsection (c)(4), with respect to a State government or a unit of local government, he shall send a notice of noncompliance to such gOAernment setting forth the basis of such holding or finding. "(2)

PROCEDURE BEFORE SECRETARY; SUSPEXSIOX OF PAYMENT OF

REVExuE siiARixG FUNDS.—AVithiii 30 days after a notice of noncompliance has been sent to a State government or a unit of local government in accordance with paragraph (1), such government may informally present evidence to the Secretary regarding the issues of— " (A) (except in the case of a holding described in subsection (c)(1)) Avhether there has been exclusion, denial, or discrimination on account of race, color, national orgin, or sex, or a violation of any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an 'otherwise qualified handicapped individual', as provided in section 504 of the Rehabilitation Act of 1973, or a violation of any prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964 or title VIII of the Civil Rights Act of 1968, and " (B) whether the program or activity in connection with which such exclusion, denial, discrimination, or violation is charged has been funded in Avhole or in part with funds made available under subtitle A. Before the end of such 30-day period, unless a compliance agreement is entered into with such government, the Secretary shall issue a determination as to whether such government failed to comply with subsection (a). If the Secretary determines that such government has failed to comply with subsection (a), the Secretary shall suspend the payment of funds under subtitle A to such government unless such government within the 10 day period

�