TITLE VI OF THE 1964 CIVIL RIGHTS ACT
42 U.S.C ยงยง 2000d - 2000d-7
TITLE 42 - The Public Health and Welfare
SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS
CROSS REFERENCE
Age discrimination in employment, see section 621 et seq. of title 29, Labor.
Age discrimination in federally assisted programs, see section 6101 et seq. of this title.
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 290cc-34, 300w-7, 300x- 7, 708, 1437l, 1988 ,
2000d-6, 2000d-7, 2000h, 3608, 3608a, 4621, 5057, 5309, 5891, 6709, 6870, 8625, 9906,
10406, of this title; title 15 sections 719o, 775, 3151; title 20 sections 1231e, 1232i,
1717, 3022, 3291; title 23 sections 117, 324; title 29 sections 794a, 1577; title 40
section 476; title 43 section 1863; title 49 section 306; title 49 App. sections 1604,
1615, 2208, 2219.
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.
(Pub. L. 88-352, title VI, Sec. 601, July 2, 1964, 78 Stat. 252.)
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the
provisions of this subchapter by the Attorney General, see section 1-201 of Ex. Ord. No.
12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2000d-1 of this title; title 39 section 410.
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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.
(Pub. L. 88-352, title VI, Sec. 602, July 2, 1964, 78 Stat. 252.)
DELEGATION OF FUNCTION
Function of the President relating to approval of rules, regulations, and orders of
general applicability under this section, delegated to the Attorney General, see section
1-101 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note below.
EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT
Nondiscrimination in government employment and in employment by government contractors and
subcontractors, see Ex. Ord. No. 11246, eff. Sept. 24, 1965, 30 F.R. 12319, and Ex. Ord.
No. 11478, eff. Aug. 8, 1969, 34 F.R. 12985, set out as notes under section 2000e of this
title.
EXECUTIVE ORDER NO. 11247
Ex. Ord. No. 11247, eff. Sept. 24, 1965, 30 F.R. 12327, which related to the enforcement
of coordination of nondiscrimination in federally assisted programs, was superseded by Ex.
Ord. No. 11764, eff. Jan. 21, 1974, 39 F.R. 2575, formerly set out as a note below.
EXECUTIVE ORDER NO. 11764
Ex. Ord. No. 11764, Jan. 21, 1974, 39 F.R. 2575, which related to coordination of
enforcement of the provisions of this subchapter, was revoked by section 1-501 of Ex. Ord.
No. 12250, Nov. 2, 1980, 45 F.R. 72996, set out as a note below.
EX. ORD. NO. 12250. LEADERSHIP AND COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF NONDISCRIMINATION LAWS
[Body of Executive Order No. 12250]
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2000d-2, 2000d-5, 5057, 9821, 9849, 10406 of this
title; title 39 section 410.
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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.
(Pub. L. 88-352, title VI, Sec. 603, July 2, 1964, 78 Stat. 253.)
CODIFICATION
"Chapter 7 of title 5" and "that chapter" were substituted in text for
"section 10 of the Administrative Procedure Act" and "that section",
respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and Employees. Prior to
the enactment of Title 5, section 10 of the Administrative Procedure Act was classified to
section 1009 of Title 5.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2930c, 2971c, 2985g, 5057, 9821, 9849, 10406 of
this title; title 39 section 410.
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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.
(Pub. L. 88-352, title VI, Sec. 604, July 2, 1964, 78 Stat. 253.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 39 section 410.
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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.
(Pub. L. 88-352, title VI, Sec. 605, July 2, 1964, 78 Stat. 253.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 39 section 410.
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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
(B) the entity of such State or local government that distributes
such assistance and each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of assistance to a
State or local government;
(2)
(A) a college, university, or other postsecondary institution, or a
public system of higher education; or
(B) a local educational agency (as defined in section 198(a)(10) of
the Elementary and Secondary Education Act of 1965), system of vocational education, or
other school system;
(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.
(Pub. L. 88-352, title VI, Sec. 606, as added Pub. L. 100-259, Sec. 6, Mar. 22,
1988, 102 Stat. 31.)
REFERENCES IN TEXT
Section 198(a)(10) of the Elementary and Secondary Education Act of 1965, referred to in
par. (2)(B), is section 198 of Pub. L. 89-10, title I, as added by Pub. L. 95-561, title
I, Sec. 101(a), Nov. 1, 1978, 92 Stat. 2198, which was classified to section 2854 of Title
20, Education, prior to the complete revision of Pub. L. 89-10 by Pub. L. 100-297, Apr.
28, 1988, 102 Stat. 140. For definitions, see section 2891 of Title 20.
EXCLUSION FROM COVERAGE
This section not to be construed to extend application of Civil Rights Act of 1964 [42
U.S.C. 2000a et seq.] to ultimate beneficiaries of Federal financial assistance excluded
from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, set out as a
Construction note under section 1687 of Title 20, Education.
ABORTION NEUTRALITY
This section not to be construed to force or require any individual or hospital or any
other institution, program, or activity receiving Federal funds to perform or pay for an
abortion, see section 8 of Pub. L. 100-259, set out as a note under section 1688 of Title
20, Education.
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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. 2701 et seq.], by
the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [20 U.S.C. 236 et
seq.], by the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) [20 U.S.C.
631 et seq.], 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.
(Pub. L. 89-750, title I, Sec. 182, Nov. 3, 1966, 80 Stat. 1209; Pub. L. 90-247,
title I, Sec. 112, Jan. 2, 1968, 81 Stat. 787; Pub. L. 96-88, title III, Sec. 301(a)(1),
title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 89-750, Nov. 3, 1966, 80 Stat. 1191, as amended,
known as the Elementary and Secondary Education Amendments of 1966. For complete
classification of that Act to the Code, see Short Title of 1966 Amendment note set out
under section 2701 of Title 20, Education, and Tables.
The Elementary and Secondary Education Act of 1965, referred to in text, is Pub. L.
89-10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 100-297, Apr. 28, 1988,
102 Stat. 140, which is classified generally to chapter 47 (Sec. 2701 et seq.) of Title
20. For complete classification of this Act to the Code, see Short Title note set out
under section 2701 of Title 20 and Tables.
Act of September 30, 1950, referred to in text, is act Sept. 30, 1950, ch. 1124, 64
Stat. 1100, as amended, popularly known as the Educational Agencies Financial Aid Act,
which is classified generally to chapter 13 (Sec. 236 et seq.) of Title 20. For complete
classification of this Act to the Code, see Short Title note set out under section 236 of
Title 20 and Tables.
Act of September 23, 1950, referred to in text, is act Sept. 23, 1950, ch. 995, as
amended generally by Aug. 12, 1958, Pub. L. 85-620, title I, 72 Stat. 548, which is
classified generally to chapter 19 (Sec. 631 et seq.) of Title 20. For complete
classification of this Act to the Code, see Tables.
The Cooperative Research Act, referred to in text, is act July 26, 1954, ch. 576,
68 Stat. 533, which was classified generally to chapter 15 (Sec. 331 et seq.) of Title 20,
and terminated on July 1, 1975, under provisions of section 402(c)(1) of Pub. L. 93-380,
title IV, Aug. 21, 1974, 88 Stat. 544. See section 1851 et seq. of this title. For
complete classification of this Act to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Elementary and Secondary Education Amendments of 1966,
and not as part of the Civil Rights Act of 1964, title VI of which comprises this
subchapter.
AMENDMENTS
1968 - Pub. L. 90-247 inserted proviso.
EFFECTIVE DATE
Section 191 of Pub. L. 89-750 provided that: "The provisions of this title [enacting
this section and sections 241m, 871 to 880, and 886 of Title 20, Education, amending
sections 241b, 241c, 241e, 241f, 241g, 241h, 241j, 241k, 241l, 244, 331a, 332a, 332b, 821,
822, 823, 841, 842, 843, 844, 861, 862, 863, 864, 883, and 884 of Title 20, repealing
section 241d of Title 20, and enacting provisions set out as notes under sections 241a,
241b, and 241c of Title 20] shall be effective with respect to fiscal years beginning
after June 30, 1966, except as specifically provided otherwise."
TRANSFER OF FUNCTIONS
"Secretary of Education" and "Secretary" substituted in text for
"Commissioner of Education" and "Commissioner", respectively, pursuant
to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections
3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of
Commissioner of Education of Department of Health, Education, and Welfare to Secretary of
Education.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2000d-6 of this title.
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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.
(Pub. L. 91-230, Sec. 2, Apr. 13, 1970, 84 Stat. 121; Pub. L. 96-88, title III,
Sec. 301, title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692.)
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsecs. (a) and (c), is Pub. L. 88-352, July
2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified
generally to this subchapter (Sec. 2000d et seq.). For complete classification of this Act
to the Code, see Short Title note set out under section 2000a of this title and Tables.
CODIFICATION
Section was enacted as part of the Elementary and Secondary Education Amendments of 1969,
and not as part of the Civil Rights Act of 1964, title VI of which comprises this
subchapter.
TRANSFER OF FUNCTIONS
"Secretary of Education" substituted for "Department of Health, Education,
and Welfare" in subsec. (d) pursuant to sections 301 and 507 of Pub. L. 96-88, which
are classified to sections 3441 and 3507 of Title 20, Education, and which transferred
functions and offices (relating to education) of Department and Secretary of Health,
Education, and Welfare to Secretary of Education.
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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.
(Pub. L. 99-506, title X, Sec. 1003, Oct. 21, 1986, 100 Stat. 1845.)
REFERENCES IN TEXT
The Education Amendments of 1972, referred to in subsec. (a)(1), is Pub. L. 92-318, June
23, 1972, 86 Stat. 235, as amended. Title IX of the Education Amendments of 1972 is
classified principally to chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For
complete classification of this Act to the Code, see Short Title of 1972 Amendment note
set out under section 1001 of Title 20 and Tables.
The Age Discrimination Act of 1975, referred to in subsec. (a)(1), is title III of
Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, which is classified generally to
chapter 76 (Sec. 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 Civil Rights Act of 1964, referred to in subsec. (a)(1), is Pub. L. 88-352,
July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is
classified generally to this subchapter (Sec. 2000d et seq.). For complete classification
of this Act to the Code, see Short Title note set out under section 2000a of this title
and Tables.
CODIFICATION
Section was enacted as part of the Rehabilitation Act Amendments of 1986, and not as part
of the Civil Rights Act of 1964, title VI of which comprises this subchapter.
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