Page:United States Statutes at Large Volume 100 Part 2.djvu/1129

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1845

SEC. 1003. CIVIL RIGHTS REMEDIES EQUALIZATION. (a) GENERAL PROVISION.—

(1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973, title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance. (2) In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. (b) EFFECTIVE DATE.—The provisions of subsection (a) shall take effect with respect to violations that occur in whole or in part after the date of enactment of the Rehabilitation Act Amendments of 1986.

42 USC 2000d-7. State and local governments, u s e prec. title 1. 29 USC 20 USC 42 USC note. 42 USC note.

794. 1681. 6101 2000a

SEC. 1004. COST RATE REPORT OF THE SECRETARY.

(a) ASSESSMENT.—The Secretary of Education shall conduct an assessment of the direct and indirect cost rates charged to State agencies designated to administer or supervise the administration of the State plan under the Rehabilitation Act of 1973 by other State agencies. (b) REPORT.—Not later than February 1, 1987, the Secretary shall submit a report of such assessment to the Congress. Such report shall include recommendations regarding alternative methods for establishing indirect cost rates, including establishing predetermined fixed rates by statute and prescribing standards for negotiating such rates.

State and local governments.

SEC. 1005. MAINTENANCE OF EFFORT.

20 USC 1414 note.

(a) GENERAL PROVISION.—Notwithstanding any other provision of the Education of the Handicapped Act, the Secretary and the State educational agency, in the case of section 614(a)(2)(BKii) of that Act, shall not include expenditures made from an accrued fund reserve surplus after July 1, 1983, and prior to October 1, 1985, which are used for services for handicapped children. O> EFFECTIVE DATE.—The amendment made by subsection (a) t) shall take effect with respect to fiscal years beginning after September 30, 1983.

29 USC 701 note.

State and local governments. Handicapped persons.