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United States Code
- Title 42 - Health
and Welfare
- Chapter 21 - Civil
Rights Act of 1964
SUBCHAPTER
V - FEDERALLY ASSISTED PROGRAMS
Sec. 2000d Prohibition against
exclusion from participation in, denial of benefits of, and discrimination under
federally assisted programs on ground of race, color, or national origin.
Sec. 2000d-1 Federal authority
and financial assistance to programs or activities by way of grant, loan, or
contract other than contract of insurance or guaranty; rules and regulations;
approval by President; compliance with requirements; reports to Congressional
committees; effective date of administrative action.
Sec. 2000d-2 Judicial review;
administrative procedure provisions.
Sec. 2000d-3 Construction
of provisions not to authorize administrative action with respect to employment
practices except where primary objective of Federal financial assistance is
to provide employment.
Sec. 2000d-4 Federal authority
and financial assistance to programs or activities by way of contract of insurance
or guaranty.
Sec. 2000d-4a "Program
or activity" and "program" defined.
Sec. 2000d-5 Prohibited
deferral of action on applications by local educational agencies seeking Federal
funds for alleged noncompliance with Civil Rights Act.
Sec. 2000d-6 Policy of
United States as to application of nondiscrimination provisions in schools of
local educational agencies.
Sec. 2000d-7 Civil rights
remedies equalization.
SUBCHAPTER
V - FEDERALLY ASSISTED PROGRAMS
Sec. 2000d Prohibition
against exclusion from participation in, denial of benefits of, and discrimination
under federally assisted programs on ground of race, color, or national origin.
No person in the United States shall, on the ground
of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
Sec. 2000d-1
Federal authority and financial assistance to programs or activities by way
of grant, loan, or contract other than contract of insurance or guaranty; rules
and regulations; approval by President; compliance with requirements; reports
to Congressional committees; effective date of administrative action.
Each Federal department and agency which is empowered
to extend Federal financial assistance to any program or activity, by way of
grant, loan, or contract other than a contract of insurance or guaranty, is
authorized and directed to effectuate the provisions of section 2000d of this
title with respect to such program or activity by issuing rules, regulations,
or orders of general applicability which shall be consistent with achievement
of the objectives of the statute authorizing the financial assistance in connection
with which the action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President. Compliance with any requirement
adopted pursuant to this section may be effected
(1) by the termination of or refusal to grant
or to continue assistance under such program or activity to any recipient
as to whom there has been an express finding on the record, after opportunity
for hearing, of a failure to comply with such requirement, but such termination
or refusal shall be limited to the particular political entity, or part thereof,
or other recipient as to whom such a finding has been made and, shall be limited
in its effect to the particular program, or part thereof, in which such noncompliance
has been so found, or
(2) by any other means authorized by law: Provided,
however, that no such action shall be taken until the department or agency
concerned has advised the appropriate person or persons of the failure to
comply with the requirement and has determined that compliance cannot be secured
by voluntary means. In the case of any action terminating, or refusing to
grant or continue, assistance because of failure to comply with a requirement
imposed pursuant to this section, the head of the Federal department or agency
shall file with the committees of the House and Senate having legislative
jurisdiction over the program or activity involved a full written report of
the circumstances and the grounds for such action. No such action shall become
effective until thirty days have elapsed after the filing of such report.
Sec. 2000d-2
Judicial review; administrative procedure provisions.
Any department or agency action taken pursuant
to section 2000d-1 of this title shall be subject to such judicial review as
may otherwise be provided by law for similar action taken by such department
or agency on other grounds. In the case of action, not otherwise subject to
judicial review, terminating or refusing to grant or to continue financial assistance
upon a finding of failure to comply with any requirement imposed pursuant to
section 2000d-1 of this title, any person aggrieved (including any State or
political subdivision thereof and any agency of either) may obtain judicial
review of such action in accordance with chapter 7 of title 5, and such action
shall not be deemed committed to unreviewable agency discretion within the meaning
of that chapter.
Sec. 2000d-3
Construction of provisions not to authorize administrative action with respect
to employment practices except where primary objective of Federal financial
assistance is to provide employment.
Nothing contained in this subchapter shall be
construed to authorize action under this subchapter by any department or agency
with respect to any employment practice of any employer, employment agency,
or labor organization except where a primary objective of the Federal financial
assistance is to provide employment.
Sec. 2000d-4
Federal authority and financial assistance to programs or activities by way
of contract of insurance or guaranty.
Nothing in this subchapter shall add to or detract
from any existing authority with respect to any program or activity under which
Federal financial assistance is extended by way of a contract of insurance or
guaranty.
Sec. 2000d-4a
"Program or activity" and "program" defined.
For the purposes of this subchapter, the term
"program or activity" and the term "program" mean all of the operations of -
(1)
(A) a department, agency, special purpose
district, or other instrumentality of a State or of a local government;
or
(2)
(A) a college, university, or other postsecondary
institution, or a public system of higher education; or
(3)
(A) an entire corporation, partnership, or
other private organization, or an entire sole proprietorship -
(i) if assistance is extended to such corporation, partnership, private
organization, or sole proprietorship as a whole; or
(ii) which is principally engaged in the business of providing education,
health care, housing, social services, or parks and recreation; or
(B) the entire plant or other comparable, geographically separate facility
to which Federal financial assistance is extended, in the case of any other
corporation, partnership, private organization, or sole proprietorship;
or
(4) any other entity which is established by
two or more of the entities described in paragraph (1), (2), or (3); any part
of which is extended Federal financial assistance.
Sec. 2000d-5 Prohibited
deferral of action on applications by local educational agencies seeking Federal
funds for alleged noncompliance with Civil Rights Act.
The Secretary of Education shall not defer action or order action deferred
on any application by a local educational agency for funds authorized to be
appropriated by this Act, by the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), by the Act of September 30, 1950 (1) (Public Law 874, Eighty-first Congress), or by the Cooperative Research Act (20 U.S.C. 331 et seq.), on the basis of alleged noncompliance with the provisions of this subchapter for more than sixty days after notice is given to such local
agency of such deferral unless such local agency is given the opportunity for a hearing as provided in section 2000d-1 of this title, such hearing to be held within sixty days of such notice, unless the time for such hearing is extended by mutual consent of such local agency and the Secretary, and such deferral shall not continue for more than thirty days after the close of any such hearing unless there has been an express finding on the record of such hearing that such local educational agency has failed to comply with the provisions of this
subchapter: Provided, That, for the purpose of determining whether a local educational
agency is in compliance with this subchapter, compliance by such agency with
a final order or judgment of a Federal court for the desegregation of the school
or school system operated by such agency shall be deemed to be compliance with
this subchapter, insofar as the matters covered in the order or judgment are
concerned.
____________
(1) See References in Text note below.
Sec. 2000d-6 Policy of United States as to application
of nondiscrimination provisions in schools of local educational agencies.
(a) Declaration of uniform policy. It is
the policy of the United States that guidelines and criteria established pursuant
to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and section
182 of the Elementary and Secondary Education Amendments of 1966 (42 U.S.C.
2000d-5) dealing with conditions of segregation by race, whether de jure or
de facto, in the schools of the local educational agencies of any State shall
be applied uniformly in all regions of the United States whatever the origin
or cause of such segregation.
(b) Nature of uniformity. Such uniformity
refers to one policy applied uniformly to de jure segregation wherever found
and such other policy as may be provided pursuant to law applied uniformly to
de facto segregation wherever found.
(c) Prohibition of construction for diminution
of obligation for enforcement or compliance with nondiscrimination requirements.
Nothing in this section shall be construed to diminish the obligation of responsible
officials to enforce or comply with such guidelines and criteria in order to
eliminate discrimination in federally assisted programs and activities as required
by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(d) Additional funds. It is the sense of
the Congress that the Department of Justice and the Secretary of Education should
request such additional funds as may be necessary to apply the policy set forth
in this section throughout the United States.
Sec. 2000d-7 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 (29 U.S.C.
794), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 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) of this section shall take effect with respect to violations that occur
in whole or in part after October 21, 1986.
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