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42 USC § 708 - Nondiscrimination provisions

---
identifier: "/us/usc/t42/s708"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 708 - Nondiscrimination provisions"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "708"
section_name: "Nondiscrimination provisions"
chapter_number: 7
chapter_name: "SOCIAL SECURITY"
subchapter_number: "V"
subchapter_name: "MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 14, 1935, ch. 531, title V, § 508, as added Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 825; amended Pub. L. 101–239, title VI, § 6502(b), Dec. 19, 1989, 103 Stat. 2276.)"
---

# § 708. Nondiscrimination provisions

**(a)** **Federally funded activities**

**(1)** For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on the basis of sex under title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], programs and activities funded in whole or in part with funds made available under this subchapter 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 subchapter.

**(b)** **Compliance** Whenever the Secretary finds that a State, or an entity that has received a payment from an allotment to a State under section 702(c) of this title, has failed to comply with a provision of law referred to in subsection (a)(1), with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), he 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 civil action be instituted,

**(2)** 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.], or section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], as may be applicable, or

**(3)** take such other action as may be provided by law.

**(c)** **Authority of Attorney General; civil actions** When a matter is referred to the Attorney General pursuant to subsection (b)(1), or whenever he has reason to believe that the entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(1) or in violation of subsection (a)(2), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.

---

**Source Credit**: (Aug. 14, 1935, ch. 531, title V, § 508, as added Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 825; amended Pub. L. 101–239, title VI, § 6502(b), Dec. 19, 1989, 103 Stat. 2276.)

## Editorial Notes

### References in Text

The Age Discrimination Act of 1975, referred to in subsecs. (a)(1) and (b)(2), is title III of , , , which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

The Education Amendments of 1972, referred to in subsec. (a)(1), is , , . Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under  and Tables.

The Civil Rights Act of 1964, referred to in subsecs. (a)(1) and (b)(2), is , , . Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Prior Provisions

A prior section 708, , as added , , ; amended , , ; , , , related to special project grants for maturity and infant care, prior to the general revision of this subchapter by . For effective date, savings, and transitional provisions, see , set out as a note under .

Provisions similar to those comprising former section 708 were contained in section 531 of , as added , ,  (formerly classified to ), prior to the general amendment and renumbering of title V of act , by .

### Amendments

1989—Subsec. (b).  substituted “702(c) of this title” for “702(b) of this title” in introductory provisions.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1989 Amendment

Amendment by  applicable to appropriations for fiscal years beginning with fiscal year 1990, see , set out as a note under .