U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER V— MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

42 U.S.C. § 708

Nondiscrimination provisions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(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) ComplianceWhenever 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.

(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 NotesReferences in Text

The Age Discrimination Act of 1975, referred to in subsecs. (a)(1) and (b)(2), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, 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 section 6101 of this title and Tables.

The Education Amendments of 1972, referred to in subsec. (a)(1), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. 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 section 1681 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsecs. (a)(1) and (b)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. 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 section 2000a of this title and Tables.

Prior Provisions

A prior section 708, act Aug. 14, 1935, ch. 531, title V, § 508, as added Jan. 2, 1968, Pub. L. 90–248, title III, § 301, 81 Stat. 926; amended July 10, 1972, Pub. L. 92–345, § 2(d), 86 Stat. 457; July 1, 1973, Pub. L. 93–53, § 4(a)(6), 87 Stat. 135, related to special project grants for maturity and infant care, prior to the general revision of this subchapter by section 2192(a) of Pub. L. 97–35. For effective date, savings, and transitional provisions, see section 2194 of Pub. L. 97–35, set out as a note under section 701 of this title.

Provisions similar to those comprising former section 708 were contained in section 531 of act Aug. 14, 1935, ch. 531, title V, as added Oct. 24, 1963, Pub. L. 88–156, § 4, 77 Stat. 274 (formerly classified to section 729 of this title), prior to the general amendment and renumbering of title V of act Aug. 14, 1935, by Pub. L. 90–248, § 301.

Amendments

1989—Subsec. (b). Pub. L. 101–239 substituted “702(c) of this title” for “702(b) of this title” in introductory provisions.

Statutory Notes and Related SubsidiariesEffective Date of 1989 Amendment

Amendment by Pub. L. 101–239 applicable to appropriations for fiscal years beginning with fiscal year 1990, see section 6510(a) of Pub. L. 101–239, set out as a note under section 701 of this title.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1972–2025 · leading case: Bostock v. Clayton Cnty., 590 U.S. 644 (2020).
Sort: Relevance Newest Treatment
Bostock v. Clayton Cnty., 590 U.S. 644 (2020). · cites it 2× “§603 (a)(5)(I)(iii) (Block Grants to States for Temporary Assistance for Needy Families)  42 U. S. C. §708 (a)(2) (Maternal and Child Health Services Block Grant; Nondiscrimina- tion Provisions)  42 U.”
Wisdom v. Norton, 507 F.2d 750 (2d Cir. 1974). “The significance of Title V for our purposes is as evidence — rather •strong evidence when combined with the language and purpose of the AFDO provisions —of a congressional intent not to include unborn children under AFDC but to provide for maternity care in a different section…”
Civic Awareness of Am. Ltd. v. Richardson, 343 F. Supp. 1358 (E.D. Wis. 1972). · cites it 2× “*1360 Section 508(a) of the Social Security-Act (Title 42 U.S.C. § 708 ) provides in part as follows: “(a) In order to help reduce the incidence of mental retardation and other handicapping conditions caused by complications associated with childbearing and to help reduce infant…”
Civic Awareness of Am. Ltd. v. Richardson, 387 F. Supp. 1086 (E.D. Wis. 1975). “Richardson to defendants Planned Parenthood Association of Milwaukee and Planned Parenthood-World Population (hereinafter “Planned Parenthood”) under § 508(a)(3) of the Social Security Act, 42 U.S.C. § 708 (a)(3), and future grants under the Family Planning Services and…”
Lee v. UTMB Health of Clear Lake, No. 4:20-cv-03364 (S.D. Tex. June 28, 2021). “§ 701 ; 42 U.S.C. §§ 708 , 1395, 2000b-2; 45 C.F.”
Leffler v. Comm'r of Soc. Sec., No. 1:25-cv-00068 (S.D. Ohio Feb. 19, 2025). “at 1–3 (also citing 42 U.S.C. § 708 )). Possibly, Plaintiff alleges that the ALJ considered impermissible factors in making his final decision.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.