Page:United States Statutes at Large Volume 95.djvu/577

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 551

"(b)(1) The Secretary shall conduct in several States in each fiscal year investigations of the use of funds received by the States under this part in order to evaluate compliance with the requirements of this part and the certification provided under section 1915. "(2) The Comptroller General of the United States may conduct investigations of the use of funds received under this part by a State in order to insure compliance with the requirements of this part and the certification provided under section 1915. "(c) Each State, and each entity which has received funds from an allotment made to a State under this part, shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request therefor. "(d)(1) In conducting any investigation in a State, the Secretary or the Comptroller General of the United States may not make a request for any information not readily available to such State or an entity which has received funds from an allotment made to the State under this part or make an unreeisonable request for information to be compiled, collected, or transmitted in any form not readily available. "(2) Paragraph (1) does not apply to the collection, compilation, or transmittal of data in the course of a judicial proceeding. "NONDISCRIMINATION

"SEC. 1918. (a)(1) For the purpose of applying the prohibitions against discrimination on the basis of ajge under the Age Discrimination Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex under title IX of the Education Amendments of 1972, or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964, programs and activities funded in whole or in part with funds made available under this part are considered to be programs and activities receiving Federal financial assistance. "(2) No person shall on the ground of sex or religion 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 this part. "(b) Whenever the Secretary finds that a State, or an entity that has received a payment from an allotment to a State under section 1912, has failed to comply with a provision of law referred to in subsection (a)(D, with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), the Secretary shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed sixty days, the chief executive officer fails or refuses to secure compliance, the Secretary may— "(1) refer the matter to the Attorney General with a recommendation that an appropriate civU action be instituted, "(2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or section 504 of the Rehabilitation Act of 1973, as may be applicable, or (3) take such other action as may be provided by law. "(c) When a matter is referred to the Attorney General pursuant to subsection (b)(D, or whenever he has reason to believe that a State or an entity is engaged in a pattern or practice in violation of a provision

89-194 0—82

37: QL3

42 USC 300x-7. 42 USC 6ioi gg^use 794 20 USC 1681 42USe2000d.

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