Title VI Statute

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TITLE VI OF THE 1964 = CIVIL RIGHTS=20 ACT

42 U.S.C =A7=A7 2000d - = 2000d-7

TITLE 42 - The Public Health and=20 Welfare

SUBCHAPTER V - FEDERALLY ASSISTED = PROGRAMS=20

Sec.=20 2000d. Prohibition against exclusion from participation in, = denial of=20 benefits of, and discrimination under federally assisted = programs on=20 ground of race, color, or national origin=20
Sec.=20 2000d-1. Federal authority and financial assistance to programs = or=20 activities by way of grant, loan, or contract other than = contract of=20 insurance or guaranty; rules and regulations; approval by = President;=20 compliance with requirements; reports to Congressional = committees;=20 effective date of administrative action=20
Sec.=20 2000d-2. Judicial review; administrative procedure = provisions=20
Sec. = 2000d-3. Construction of provisions not to authorize = administrative=20 action with respect to employment practices except where primary = objective of Federal financial assistance is to provide = employment=20
Sec.=20 2000d-4. Federal authority and financial assistance to programs = or=20 activities by way of contract of insurance or guaranty=20
Sec.=20 2000d-4a. "Program or activity" and "program" defined=20
Sec.=20 2000d-5. Prohibited deferral of action on applications by local=20 educational agencies seeking Federal funds for alleged = noncompliance=20 with Civil Rights Act=20
Sec.=20 2000d-6. Policy of United States as to application of = nondiscrimination=20 provisions in schools of local educational agencies=20
Sec.=20 2000d-7. Civil rights remedies equalization

CROSS REFERENCE
Age discrimination in employment, see = section=20 621 et seq. of title 29, Labor.
Age discrimination in = federally=20 assisted programs, see section 6101 et seq. of this=20 title.

SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This = subchapter is=20 referred to in sections 290cc-34, 300w-7, 300x- 7, 708, 1437l, = 1988 ,=20 2000d-6, 2000d-7, 2000h, 3608, 3608a, 4621, 5057, 5309, 5891, = 6709,=20 6870, 8625, 9906, 10406, of this title; title 15 sections 719o, = 775,=20 3151; title 20 sections 1231e, 1232i, 1717, 3022, 3291; title 23 = sections 117, 324; title 29 sections 794a, 1577; title 40 = section 476;=20 title 43 section 1863; title 49 section 306; title 49 App. = sections=20 1604, 1615, 2208, 2219.

Sec.=20 2000d. Prohibition against exclusion from participation in, denial = of=20 benefits of, and discrimination under federally assisted programs = on=20 ground of race, color, or national origin

No person in the United States shall, on the ground of race, = color, or=20 national origin, be excluded from participation in, be denied the = benefits=20 of, or be subjected to discrimination under any program or = activity=20 receiving Federal financial assistance.

(Pub. L. 88-352, title VI, Sec. 601, July 2, 1964, 78 = Stat.=20 252.)

COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF=20 PROVISIONS
For provisions relating to the coordination of=20 implementation and enforcement of the provisions of this = subchapter by=20 the Attorney General, see section 1-201 of Ex. Ord. No. 12250, = Nov. 2,=20 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of = this=20 title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is = referred=20 to in section 2000d-1 of this title; title 39 section 410.=20

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Sec.=20 2000d-1. Federal authority and financial assistance to programs or = activities by way of grant, loan, or contract other than contract = of=20 insurance or guaranty; rules and regulations; approval by = President;=20 compliance with requirements; reports to Congressional committees; = effective date of administrative action

Each Federal department and agency which is empowered to extend = Federal=20 financial assistance to any program or activity, by way of grant, = loan, or=20 contract other than a contract of insurance or guaranty, is = authorized and=20 directed to effectuate the provisions of section 2000d of this = title with=20 respect to such program or activity by issuing rules, regulations, = or=20 orders of general applicability which shall be consistent with = achievement=20 of the objectives of the statute authorizing the financial = assistance in=20 connection with which the action is taken. No such rule, = regulation, or=20 order shall become effective unless and until approved by the = President.=20 Compliance with any requirement adopted pursuant to this section = may be=20 effected

(1) by the termination of or refusal to grant or to continue=20 assistance under such program or activity to any recipient as to = whom=20 there has been an express finding on the record, after = opportunity for=20 hearing, of a failure to comply with such requirement, but such=20 termination or refusal shall be limited to the particular = political=20 entity, or part thereof, or other recipient as to whom such a = finding=20 has been made and, shall be limited in its effect to the = particular=20 program, or part thereof, in which such noncompliance has been = so found,=20 or

(2) by any other means authorized by law:

*Provided, however*, That no such action shall be taken until = the=20 department or agency concerned has advised the appropriate person = or=20 persons of the failure to comply with the requirement and has = determined=20 that compliance cannot be secured by voluntary means. In the case = of any=20 action terminating, or refusing to grant or continue, assistance = because=20 of failure to comply with a requirement imposed pursuant to this = section,=20 the head of the Federal department or agency shall file with the=20 committees of the House and Senate having legislative jurisdiction = over=20 the program or activity involved a full written report of the=20 circumstances and the grounds for such action. No such action = shall become=20 effective until thirty days have elapsed after the filing of such=20 report.

(Pub. L. 88-352, title VI, Sec. 602, July 2, 1964, 78 = Stat.=20 252.)

DELEGATION OF FUNCTION
Function of the President = relating to=20 approval of rules, regulations, and orders of general = applicability=20 under this section, delegated to the Attorney General, see = section 1-101=20 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a = note=20 below.

EQUAL OPPORTUNITY IN FEDERAL = EMPLOYMENT
Nondiscrimination in=20 government employment and in employment by government = contractors and=20 subcontractors, see Ex. Ord. No. 11246, eff. Sept. 24, 1965, 30 = F.R.=20 12319, and Ex. Ord. No. 11478, eff. Aug. 8, 1969, 34 F.R. 12985, = set out=20 as notes under section 2000e of this = title.

EXECUTIVE ORDER NO. 11247
Ex. Ord. No. 11247, eff. = Sept. 24,=20 1965, 30 F.R. 12327, which related to the enforcement of = coordination of=20 nondiscrimination in federally assisted programs, was superseded = by Ex.=20 Ord. No. 11764, eff. Jan. 21, 1974, 39 F.R. 2575, formerly set = out as a=20 note below.

EXECUTIVE ORDER NO. 11764
Ex. Ord. No. 11764, Jan. 21, = 1974,=20 39 F.R. 2575, which related to coordination of enforcement of = the=20 provisions of this subchapter, was revoked by section 1-501 of = Ex. Ord.=20 No. 12250, Nov. 2, 1980, 45 F.R. 72996, set out as a note=20 below.

EX. ORD. NO. 12250. LEADERSHIP AND COORDINATION OF = IMPLEMENTATION=20 AND ENFORCEMENT OF NONDISCRIMINATION LAWS
[Body = of Executive Order No. 12250]

SECTION REFERRED TO IN OTHER SECTIONS
This section is = referred=20 to in sections 2000d-2, 2000d-5, 5057, 9821, 9849, 10406 of this = title;=20 title 39 section 410.

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Sec.=20 2000d-2. Judicial review; administrative procedure=20 provisions

Any department or agency action taken pursuant to section = 2000d-1=20 of this title shall be subject to such judicial review as may = otherwise be=20 provided by law for similar action taken by such department or = agency on=20 other grounds. In the case of action, not otherwise subject to = judicial=20 review, terminating or refusing to grant or to continue financial=20 assistance upon a finding of failure to comply with any = requirement=20 imposed pursuant to section 2000d-1 of this title, any person = aggrieved=20 (including any State or political subdivision thereof and any = agency of=20 either) may obtain judicial review of such action in accordance = with=20 chapter 7 of title 5, and such action shall not be deemed = committed to=20 unreviewable agency discretion within the meaning of that chapter. =

(Pub. L. 88-352, title VI, Sec. 603, July 2, 1964, 78 = Stat.=20 253.)

CODIFICATION
"Chapter 7 of title 5" and "that chapter" = were=20 substituted in text for "section 10 of the Administrative = Procedure Act"=20 and "that section", respectively, on authority of Pub. L. = 89-554, Sec.=20 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which = enacted=20 Title 5, Government Organization and Employees. Prior to the = enactment=20 of Title 5, section 10 of the Administrative Procedure Act was=20 classified to section 1009 of Title 5.

SECTION REFERRED TO IN OTHER SECTIONS
This section is = referred=20 to in sections 2930c, 2971c, 2985g, 5057, 9821, 9849, 10406 of = this=20 title; title 39 section 410.

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Sec.=20 2000d-3. Construction of provisions not to authorize = administrative action=20 with respect to employment practices except where primary = objective of=20 Federal financial assistance is to provide = employment

Nothing contained in this subchapter shall be construed to = authorize=20 action under this subchapter by any department or agency with = respect to=20 any employment practice of any employer, employment agency, or = labor=20 organization except where a primary objective of the Federal = financial=20 assistance is to provide employment.

(Pub. L. 88-352, title VI, Sec. 604, July 2, 1964, 78 = Stat.=20 253.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is = referred=20 to in title 39 section 410.

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Sec.=20 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=20 authority with respect to any program or activity under which = Federal=20 financial assistance is extended by way of a contract of insurance = or=20 guaranty.

(Pub. L. 88-352, title VI, Sec. 605, July 2, 1964, 78 = Stat.=20 253.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is = referred=20 to in title 39 section 410.

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Sec.=20 2000d-4a. "Program or activity" and "program" defined

For the purposes of this subchapter, the term "program or = activity" and=20 the term "program" mean all of the operations of -

(1)
(A) a department, agency, special = purpose=20 district, or other instrumentality of a State or of a local = government;=20 or

(B) the entity of such State or local = government=20 that distributes such assistance and each such department or = agency (and=20 each other State or local government entity) to which the = assistance is=20 extended, in the case of assistance to a State or local=20 government;

(2)
(A) a college, university, or other = postsecondary institution, or a public system of higher = education;=20 or

(B) a local educational agency (as defined = in=20 section 198(a)(10) of the Elementary and Secondary Education Act = of=20 1965), system of vocational education, or other school=20 system;

(3)
(A) an entire corporation, = partnership, or=20 other private organization, or an entire sole proprietorship=20 -

(i) if assistance is extended to such corporation, = partnership,=20 private organization, or sole proprietorship as a whole;=20 or

(ii) which is principally engaged in the business of = providing=20 education, health care, housing, social services, or parks and = recreation; or

(B) the entire plant or other comparable,=20 geographically separate facility to which Federal financial = assistance=20 is extended, in the case of any other corporation, partnership, = private=20 organization, or sole proprietorship; or

(4) any other entity which is established by two or more of = the=20 entities described in paragraph (1), (2), or (3); =

any part of which is extended Federal financial assistance.

(Pub. L. 88-352, title VI, Sec. 606, as added Pub. L. = 100-259,=20 Sec. 6, Mar. 22, 1988, 102 Stat. 31.)

REFERENCES IN TEXT
Section 198(a)(10) of the = Elementary and=20 Secondary Education Act of 1965, referred to in par. (2)(B), is = section=20 198 of Pub. L. 89-10, title I, as added by Pub. L. 95-561, title = I, Sec.=20 101(a), Nov. 1, 1978, 92 Stat. 2198, which was classified to = section=20 2854 of Title 20, Education, prior to the complete revision of = Pub. L.=20 89-10 by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140. For = definitions,=20 see section 2891 of Title 20.

EXCLUSION FROM COVERAGE
This section not to be = construed to=20 extend application of Civil Rights Act of 1964 [42 U.S.C. 2000a = et seq.]=20 to ultimate beneficiaries of Federal financial assistance = excluded from=20 coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, = set out=20 as a Construction note under section 1687 of Title 20,=20 Education.

ABORTION NEUTRALITY
This section not to be construed = to force=20 or require any individual or hospital or any other institution, = program,=20 or activity receiving Federal funds to perform or pay for an = abortion,=20 see section 8 of Pub. L. 100-259, set out as a note under = section 1688=20 of Title 20, Education.

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Sec.=20 2000d-5. Prohibited deferral of action on applications by local=20 educational agencies seeking Federal funds for alleged = noncompliance with=20 Civil Rights Act

The Secretary of Education shall not defer action or order = action=20 deferred on any application by a local educational agency for = funds=20 authorized to be appropriated by this Act, by the Elementary and = Secondary=20 Education Act of 1965 [20 U.S.C. 2701 et seq.], by the Act of = September=20 30, 1950 (Public Law 874, Eighty-first Congress) [20 U.S.C. 236 et = seq.],=20 by the Act of September 23, 1950 (Public Law 815, Eighty-first = Congress)=20 [20 U.S.C. 631 et seq.], or by the Cooperative Research Act [20 = U.S.C. 331=20 et seq.], on the basis of alleged noncompliance with the = provisions of=20 this subchapter for more than sixty days after notice is given to = such=20 local agency of such deferral unless such local agency is given = the=20 opportunity for a hearing as provided in section 2000d-1 of this = title,=20 such hearing to be held within sixty days of such notice, unless = the time=20 for such hearing is extended by mutual consent of such local = agency and=20 the Secretary, and such deferral shall not continue for more than = thirty=20 days after the close of any such hearing unless there has been an = express=20 finding on the record of such hearing that such local educational = agency=20 has failed to comply with the provisions of this subchapter:

*Provided*, That, for the purpose of determining whether a = local=20 educational agency is in compliance with this subchapter, = compliance by=20 such agency with a final order or judgment of a Federal court for = the=20 desegregation of the school or school system operated by such = agency shall=20 be deemed to be compliance with this subchapter, insofar as the = matters=20 covered in the order or judgment are concerned.

(Pub. L. 89-750, title I, Sec. 182, Nov. 3, 1966, 80 = Stat. 1209;=20 Pub. L. 90-247, title I, Sec. 112, Jan. 2, 1968, 81 Stat. 787; = Pub. L.=20 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, = 1979, 93=20 Stat. 677, 692.)

REFERENCES IN TEXT
This Act, referred to in text, is = Pub. L.=20 89-750, Nov. 3, 1966, 80 Stat. 1191, as amended, known as the = Elementary=20 and Secondary Education Amendments of 1966. For complete = classification=20 of that Act to the Code, see Short Title of 1966 Amendment note = set out=20 under section 2701 of Title 20, Education, and Tables.=20

The Elementary and Secondary Education Act of 1965, = referred to=20 in text, is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as = amended=20 generally by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140, = which is=20 classified generally to chapter 47 (Sec. 2701 et seq.) of Title = 20. For=20 complete classification of this Act to the Code, see Short Title = note=20 set out under section 2701 of Title 20 and Tables.

Act of September 30, 1950, referred to in text, is act = Sept. 30,=20 1950, ch. 1124, 64 Stat. 1100, as amended, popularly known as = the=20 Educational Agencies Financial Aid Act, which is classified = generally to=20 chapter 13 (Sec. 236 et seq.) of Title 20. For complete = classification=20 of this Act to the Code, see Short Title note set out under = section 236=20 of Title 20 and Tables.

Act of September 23, 1950, referred to in text, is act = Sept. 23,=20 1950, ch. 995, as amended generally by Aug. 12, 1958, Pub. L. = 85-620,=20 title I, 72 Stat. 548, which is classified generally to chapter = 19 (Sec.=20 631 et seq.) of Title 20. For complete classification of this = Act to the=20 Code, see Tables.

The Cooperative Research Act, referred to in text, is act = July=20 26, 1954, ch. 576, 68 Stat. 533, which was classified generally = to=20 chapter 15 (Sec. 331 et seq.) of Title 20, and terminated on = July 1,=20 1975, under provisions of section 402(c)(1) of Pub. L. 93-380, = title IV,=20 Aug. 21, 1974, 88 Stat. 544. See section 1851 et seq. of this = title. For=20 complete classification of this Act to the Code, see=20 Tables.

CODIFICATION
Section was enacted as part of the = Elementary and=20 Secondary Education Amendments of 1966, and not as part of the = Civil=20 Rights Act of 1964, title VI of which comprises this=20 subchapter.

AMENDMENTS
1968 - Pub. L. 90-247 inserted=20 proviso.

EFFECTIVE DATE
Section 191 of Pub. L. 89-750 provided = that:=20 "The provisions of this title [enacting this section and = sections 241m,=20 871 to 880, and 886 of Title 20, Education, amending sections = 241b,=20 241c, 241e, 241f, 241g, 241h, 241j, 241k, 241l, 244, 331a, 332a, = 332b,=20 821, 822, 823, 841, 842, 843, 844, 861, 862, 863, 864, 883, and = 884 of=20 Title 20, repealing section 241d of Title 20, and enacting = provisions=20 set out as notes under sections 241a, 241b, and 241c of Title = 20] shall=20 be effective with respect to fiscal years beginning after June = 30, 1966,=20 except as specifically provided = otherwise."

TRANSFER OF FUNCTIONS
"Secretary of Education" and = "Secretary"=20 substituted in text for "Commissioner of Education" and = "Commissioner",=20 respectively, pursuant to sections 301(a)(1) and 507 of Pub. L. = 96-88,=20 which are classified to sections 3441(a)(1) and 3507 of Title = 20,=20 Education, and which transferred all functions of Commissioner = of=20 Education of Department of Health, Education, and Welfare to = Secretary=20 of Education.

SECTION REFERRED TO IN OTHER SECTIONS
This section is = referred=20 to in section 2000d-6 of this title.

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Sec.=20 2000d-6. Policy of United States as to application of = nondiscrimination=20 provisions in schools of local educational = agencies

(a) Declaration of uniform policy

It is the policy of the United States that guidelines and = criteria=20 established pursuant to title VI of the Civil Rights Act of 1964 = [42=20 U.S.C. 2000d et seq.] and section 182 of the Elementary and = Secondary=20 Education Amendments of 1966 [42 U.S.C. 2000d-5] dealing with = conditions=20 of segregation by race, whether de jure or de facto, in the = schools of=20 the local educational agencies of any State shall be applied = uniformly=20 in all regions of the United States whatever the origin or cause = of such=20 segregation.

(b) Nature of uniformity

Such uniformity refers to one policy applied uniformly to de = jure=20 segregation wherever found and such other policy as may be = provided=20 pursuant to law applied uniformly to de facto segregation = wherever=20 found.

(c) Prohibition of construction for diminution of obligation = for=20 enforcement or compliance with nondiscrimination requirements

Nothing in this section shall be construed to diminish the = obligation=20 of responsible officials to enforce or comply with such = guidelines and=20 criteria in order to eliminate discrimination in federally = assisted=20 programs and activities as required by title VI of the Civil = Rights Act=20 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=20 the Secretary of Education should request such additional funds = as may=20 be necessary to apply the policy set forth in this section = throughout=20 the United States.

(Pub. L. 91-230, Sec. 2, Apr. 13, 1970, 84 Stat. 121; = Pub. L.=20 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17, 1979, 93 = Stat.=20 677, 692.)

REFERENCES IN TEXT
The Civil Rights Act of 1964, = referred to=20 in subsecs. (a) and (c), is Pub. L. 88-352, July 2, 1964, 78 = Stat. 241,=20 as amended. Title VI of the Civil Rights Act of 1964 is = classified=20 generally to this subchapter (Sec. 2000d et seq.). For complete=20 classification of this Act to the Code, see Short Title note set = out=20 under section 2000a of this title and = Tables.

CODIFICATION
Section was enacted as part of the = Elementary and=20 Secondary Education Amendments of 1969, and not as part of the = Civil=20 Rights Act of 1964, title VI of which comprises this=20 subchapter.

TRANSFER OF FUNCTIONS
"Secretary of Education" = substituted for=20 "Department of Health, Education, and Welfare" in subsec. (d) = pursuant=20 to sections 301 and 507 of Pub. L. 96-88, which are classified = to=20 sections 3441 and 3507 of Title 20, Education, and which = transferred=20 functions and offices (relating to education) of Department and=20 Secretary of Health, Education, and Welfare to Secretary of = Education.=20

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Sec.=20 2000d-7. Civil rights remedies equalization

(a) General provision

(1) A State shall not be immune under the Eleventh Amendment = of the=20 Constitution of the United States from suit in Federal court for = a=20 violation of section 504 of the Rehabilitation Act of 1973 [29 = U.S.C.=20 794], title IX of the Education Amendments of 1972 [20 U.S.C. = 1681 et=20 seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et = seq.],=20 title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et = seq.], or=20 the provisions of any other Federal statute prohibiting = discrimination=20 by recipients of Federal financial assistance.

(2) In a suit against a State for a violation of a statute = referred=20 to in paragraph (1), remedies (including remedies both at law = and in=20 equity) are available for such a violation to the same extent as = such=20 remedies are available for such a violation in the suit against = any=20 public or private entity other than a State.

(b) Effective date

The provisions of subsection (a) of this section shall take = effect=20 with respect to violations that occur in whole or in part after = October=20 21, 1986.

(Pub. L. 99-506, title X, Sec. 1003, Oct. 21, 1986, 100 = Stat.=20 1845.)

REFERENCES IN TEXT
The Education Amendments of 1972, = referred=20 to in subsec. (a)(1), is Pub. L. 92-318, June 23, 1972, 86 Stat. = 235, as=20 amended. Title IX of the Education Amendments of 1972 is = classified=20 principally to chapter 38 (Sec. 1681 et seq.) of Title 20, = Education.=20 For complete classification of this Act to the Code, see Short = Title of=20 1972 Amendment note set out under section 1001 of Title 20 and=20 Tables.

The Age Discrimination Act of 1975, referred to in = subsec.=20 (a)(1), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. = 728, as=20 amended, which is classified generally to chapter 76 (Sec. 6101 = et seq.)=20 of this title. For complete classification of this Act to the = Code, see=20 Short Title note set out under section 6101 of this title and=20 Tables.

The Civil Rights Act of 1964, referred to in subsec. = (a)(1), is=20 Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI = of the=20 Civil Rights Act of 1964 is classified generally to this = subchapter=20 (Sec. 2000d et seq.). For complete classification of this Act to = the=20 Code, see Short Title note set out under section 2000a of this = title and=20 Tables.

CODIFICATION
Section was enacted as part of the = Rehabilitation=20 Act Amendments of 1986, and not as part of the Civil Rights Act = of 1964,=20 title VI of which comprises this subchapter.