US (United States) Code. Title 42. Chapter 21: Civil rights

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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42 USC CHAPTER 21 - CIVIL RIGHTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

-MISC1-

CHAPTER 21 - CIVIL RIGHTS

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

1981. Equal rights under the law.

(a) Statement of equal rights.

(b) "Make and enforce contracts" defined.

(c) Protection against impairment.

1981a. Damages in cases of intentional discrimination in

employment.

(a) Right of recovery.

(b) Compensatory and punitive damages.

(c) Jury trial.

(d) Definitions.

1982. Property rights of citizens.

1983. Civil action for deprivation of rights.

1984. Omitted.

1985. Conspiracy to interfere with civil rights.

(1) Preventing officer from performing duties.

(2) Obstructing justice; intimidating party,

witness, or juror.

(3) Depriving persons of rights or privileges.

1986. Action for neglect to prevent.

1987. Prosecution of violation of certain laws.

1988. Proceedings in vindication of civil rights.

(a) Applicability of statutory and common law.

(b) Attorney's fees.

(c) Expert fees.

1989. United States magistrate judges; appointment of

persons to execute warrants.

1990. Marshal to obey precepts; refusing to receive or

execute process.

1991. Fees; persons appointed to execute process.

1992. Speedy trial.

1993. Repealed.

1994. Peonage abolished.

1995. Criminal contempt proceedings; penalties; trial by

jury.

1996. Protection and preservation of traditional

religions of Native Americans.

1996a. Traditional Indian religious use of peyote.

(a) Congressional findings and declarations.

(b) Use, possession, or transportation of

peyote.

(c) Definitions.

(d) Protection of rights of Indians and Indian

tribes.

1996b. Interethnic adoption.

(1) Prohibited conduct.

(2) Enforcement.

(3) No effect on Indian Child Welfare Act of

1978.

SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS

1997. Definitions.

1997a. Initiation of civil actions.

(a) Discretionary authority of Attorney General;

preconditions.

(b) Discretionary award of attorney fees.

(c) Attorney General to personally sign

complaint.

1997b. Certification requirements; Attorney General to

personally sign certification.

1997c. Intervention in actions.

(a) Discretionary authority of Attorney General;

preconditions; time period.

(b) Certification requirements by Attorney

General.

(c) Attorney General to personally sign motion

to intervene.

(d) Discretionary award of attorney fees; other

award provisions unaffected.

1997d. Prohibition of retaliation.

1997e. Suits by prisoners.

(a) Applicability of administrative remedies.

(b) Failure of State to adopt or adhere to

administrative grievance procedure.

(c) Dismissal.

(d) Attorney's fees.

(e) Limitation on recovery.

(f) Hearings.

(g) Waiver of reply.

(h) "Prisoner" defined.

1997f. Report to Congress.

1997g. Priorities for use of funds.

1997h. Notice to Federal departments.

1997i. Disclaimer respecting standards of care.

1997j. Disclaimer respecting private litigation.

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

2000a. Prohibition against discrimination or segregation

in places of public accommodation.

(a) Equal access.

(b) Establishments affecting interstate commerce

or supported in their activities by State

action as places of public accommodation;

lodgings; facilities principally engaged in

selling food for consumption on the

premises; gasoline stations; places of

exhibition or entertainment; other covered

establishments.

(c) Operations affecting commerce; criteria;

"commerce" defined.

(d) Support by State action.

(e) Private establishments.

2000a-1. Prohibition against discrimination or segregation

required by any law, statute, ordinance,

regulation, rule or order of a State or State

agency.

2000a-2. Prohibition against deprivation of, interference

with, and punishment for exercising rights and

privileges secured by section 2000a or 2000a-1 of

this title.

2000a-3. Civil actions for injunctive relief.

(a) Persons aggrieved; intervention by Attorney

General; legal representation; commencement

of action without payment of fees, costs,

or security.

(b) Attorney's fees; liability of United States

for costs.

(c) State or local enforcement proceedings;

notification of State or local authority;

stay of Federal proceedings.

(d) References to Community Relations Service to

obtain voluntary compliance; duration of

reference; extension of period.

2000a-4. Community Relations Service; investigations and

hearings; executive session; release of

testimony; duty to bring about voluntary

settlements.

2000a-5. Civil actions by the Attorney General.

(a) Complaint.

(b) Three-judge district court for cases of

general public importance: hearing,

determination, expedition of action, review

by Supreme Court; single judge district

court: hearing, determination, expedition

of action.

2000a-6. Jurisdiction; exhaustion of other remedies;

exclusiveness of remedies; assertion of rights

based on other Federal or State laws and pursuit

of remedies for enforcement of such rights.

SUBCHAPTER III - PUBLIC FACILITIES

2000b. Civil actions by the Attorney General.

(a) Complaint; certification; institution of

civil action; relief requested;

jurisdiction; impleading additional parties

as defendants.

(b) Persons unable to initiate and maintain

legal proceedings.

2000b-1. Liability of United States for costs and

attorney's fee.

2000b-2. Personal suits for relief against discrimination

in public facilities.

2000b-3. "Complaint" defined.

SUBCHAPTER IV - PUBLIC EDUCATION

2000c. Definitions.

2000c-1. Omitted.

2000c-2. Technical assistance in preparation, adoption, and

implementation of plans for desegregation of

public schools.

2000c-3. Training institutes; stipends; travel allowances.

2000c-4. Grants for inservice training in dealing with and

for employment of specialists to advise in

problems incident to desegregation; factors for

consideration in making grants and fixing

amounts, terms, and conditions.

2000c-5. Payments; adjustments; advances or reimbursement;

installments.

2000c-6. Civil actions by the Attorney General.

(a) Complaint; certification; notice to school

board or college authority; institution of

civil action; relief requested;

jurisdiction; transportation of pupils to

achieve racial balance; judicial power to

insure compliance with constitutional

standards; impleading additional parties as

defendants.

(b) Persons unable to initiate and maintain

legal proceedings.

(c) "Parent" and "complaint" defined.

2000c-7. Liability of United States for costs.

2000c-8. Personal suits for relief against discrimination

in public education.

2000c-9. Classification and assignment.

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

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.

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.

2000d-2. Judicial review; administrative procedure

provisions.

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.

2000d-4. Federal authority and financial assistance to

programs or activities by way of contract of

insurance or guaranty.

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

2000d-5. Prohibited deferral of action on applications by

local educational agencies seeking Federal funds

for alleged noncompliance with Civil Rights Act.

2000d-6. Policy of United States as to application of

nondiscrimination provisions in schools of local

educational agencies.

(a) Declaration of uniform policy.

(b) Nature of uniformity.

(c) Prohibition of construction for diminution

of obligation for enforcement or compliance

with nondiscrimination requirements.

(d) Additional funds.

2000d-7. Civil rights remedies equalization.

(a) General provision.

(b) Effective date.

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

2000e. Definitions.

2000e-1. Applicability to foreign and religious employment.

(a) Inapplicability of subchapter to certain

aliens and employees of religious entities.

(b) Compliance with statute as violative of

foreign law.

(c) Control of corporation incorporated in

foreign country.

2000e-2. Unlawful employment practices.

(a) Employer practices.

(b) Employment agency practices.

(c) Labor organization practices.

(d) Training programs.

(e) Businesses or enterprises with personnel

qualified on basis of religion, sex, or

national origin; educational institutions

with personnel of particular religion.

(f) Members of Communist Party or

Communist-action or Communist-front

organizations.

(g) National security.

(h) Seniority or merit system; quantity or

quality of production; ability tests;

compensation based on sex and authorized by

minimum wage provisions.

(i) Businesses or enterprises extending

preferential treatment to Indians.

(j) Preferential treatment not to be granted on

account of existing number or percentage

imbalance.

(k) Burden of proof in disparate impact cases.

(l) Prohibition of discriminatory use of test

scores.

(m) Impermissible consideration of race, color,

religion, sex, or national origin in

employment practices.

(n) Resolution of challenges to employment

practices implementing litigated or consent

judgments or orders.

2000e-3. Other unlawful employment practices.

(a) Discrimination for making charges,

testifying, assisting, or participating in

enforcement proceedings.

(b) Printing or publication of notices or

advertisements indicating prohibited

preference, limitation, specification, or

discrimination; occupational qualification

exception.

2000e-4. Equal Employment Opportunity Commission.

(a) Creation; composition; political

representation; appointment; term;

vacancies; Chairman and Vice Chairman;

duties of Chairman; appointment of

personnel; compensation of personnel.

(b) General Counsel; appointment; term; duties;

representation by attorneys and Attorney

General.

(c) Exercise of powers during vacancy; quorum.

(d) Seal; judicial notice.

(e) Reports to Congress and the President.

(f) Principal and other offices.

(g) Powers of Commission.

(h) Cooperation with other departments and

agencies in performance of educational or

promotional activities; outreach

activities.

(i) Personnel subject to political activity

restrictions.

(j) Technical Assistance Training Institute.

(k) EEOC Education, Technical Assistance, and

Training Revolving Fund.

2000e-5. Enforcement provisions.

(a) Power of Commission to prevent unlawful

employment practices.

(b) Charges by persons aggrieved or member of

Commission of unlawful employment practices

by employers, etc.; filing; allegations;

notice to respondent; contents of notice;

investigation by Commission; contents of

charges; prohibition on disclosure of

charges; determination of reasonable cause;

conference, conciliation, and persuasion

for elimination of unlawful practices;

prohibition on disclosure of informal

endeavors to end unlawful practices; use of

evidence in subsequent proceedings;

penalties for disclosure of information;

time for determination of reasonable cause.

(c) State or local enforcement proceedings;

notification of State or local authority;

time for filing charges with Commission;

commencement of proceedings.

(d) State or local enforcement proceedings;

notification of State or local authority;

time for action on charges by Commission.

(e) Time for filing charges; time for service of

notice of charge on respondent; filing of

charge by Commission with State or local

agency; seniority system.

(f) Civil action by Commission, Attorney

General, or person aggrieved;

preconditions; procedure; appointment of

attorney; payment of fees, costs, or

security; intervention; stay of Federal

proceedings; action for appropriate

temporary or preliminary relief pending

final disposition of charge; jurisdiction

and venue of United States courts;

designation of judge to hear and determine

case; assignment of case for hearing;

expedition of case; appointment of master.

(g) Injunctions; appropriate affirmative action;

equitable relief; accrual of back pay;

reduction of back pay; limitations on

judicial orders.

(h) Provisions of chapter 6 of title 29 not

applicable to civil actions for prevention

of unlawful practices.

(i) Proceedings by Commission to compel

compliance with judicial orders.

(j) Appeals.

(k) Attorney's fee; liability of Commission and

United States for costs.

2000e-6. Civil actions by the Attorney General.

(a) Complaint.

(b) Jurisdiction; three-judge district court for

cases of general public importance:

hearing, determination, expedition of

action, review by Supreme Court; single

judge district court: hearing,

determination, expedition of action.

(c) Transfer of functions, etc., to Commission;

effective date; prerequisite to transfer;

execution of functions by Commission.

(d) Transfer of functions, etc., not to affect

suits commenced pursuant to this section

prior to date of transfer.

(e) Investigation and action by Commission

pursuant to filing of charge of

discrimination; procedure.

2000e-7. Effect on State laws.

2000e-8. Investigations.

(a) Examination and copying of evidence related

to unlawful employment practices.

(b) Cooperation with State and local agencies

administering State fair employment

practices laws; participation in and

contribution to research and other

projects; utilization of services; payment

in advance or reimbursement; agreements and

rescission of agreements.

(c) Execution, retention, and preservation of

records; reports to Commission; training

program records; appropriate relief from

regulation or order for undue hardship;

procedure for exemption; judicial action to

compel compliance.

(d) Consultation and coordination between

Commission and interested State and Federal

agencies in prescribing recordkeeping and

reporting requirements; availability of

information furnished pursuant to

recordkeeping and reporting requirements;

conditions on availability.

(e) Prohibited disclosures; penalties.

2000e-9. Conduct of hearings and investigations pursuant to

section 161 of title 29.

2000e-10. Posting of notices; penalties.

2000e-11. Veterans' special rights or preference.

2000e-12. Regulations; conformity of regulations with

administrative procedure provisions; reliance on

interpretations and instructions of Commission.

2000e-13. Application to personnel of Commission of sections

111 and 1114 of title 18; punishment for

violation of section 1114 of title 18.

2000e-14. Equal Employment Opportunity Coordinating Council;

establishment; composition; duties; report to

President and Congress.

2000e-15. Presidential conferences; acquaintance of

leadership with provisions for employment rights

and obligations; plans for fair administration;

membership.

2000e-16. Employment by Federal Government.

(a) Discriminatory practices prohibited;

employees or applicants for employment

subject to coverage.

(b) Equal Employment Opportunity Commission;

enforcement powers; issuance of rules,

regulations, etc.; annual review and

approval of national and regional equal

employment opportunity plans; review and

evaluation of equal employment opportunity

programs and publication of progress

reports; consultations with interested

parties; compliance with rules,

regulations, etc.; contents of national and

regional equal employment opportunity

plans; authority of Librarian of Congress.

(c) Civil action by employee or applicant for

employment for redress of grievances; time

for bringing of action; head of department,

agency, or unit as defendant.

(d) Section 2000e-5(f) through (k) of this title

applicable to civil actions.

(e) Government agency or official not relieved

of responsibility to assure

nondiscrimination in employment or equal

employment opportunity.

2000e-16a. Short title; purpose; definition.

(a) Short title.

(b) Purpose.

(c) "Violation" defined.

2000e-16b. Discriminatory practices prohibited.

(a) Practices.

(b) Remedies.

2000e-16c. Coverage of previously exempt State employees.

(a) Application.

(b) Enforcement by administrative action.

(c) Judicial review.

(d) Standard of review.

(e) Attorney's fees.

2000e-17. Procedure for denial, withholding, termination, or

suspension of Government contract subsequent to

acceptance by Government of affirmative action

plan of employer; time of acceptance of plan.

SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS

2000f. Survey for compilation of registration and voting

statistics; geographical areas; scope;

application of census provisions; voluntary

disclosure; advising of right not to furnish

information.

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

2000g. Establishment of Service; Director of Service:

appointment, term; personnel.

2000g-1. Functions of Service.

2000g-2. Cooperation with other agencies; conciliation

assistance in confidence and without publicity;

information as confidential; restriction on

performance of investigative or prosecuting

functions; violations and penalties.

2000g-3. Reports to Congress.

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

2000h. Criminal contempt proceedings: trial by jury,

criminal practice, penalties, exceptions, intent;

civil contempt proceedings.

2000h-1. Double jeopardy; specific crimes and criminal

contempts.

2000h-2. Intervention by Attorney General; denial of equal

protection on account of race, color, religion,

sex or national origin.

2000h-3. Construction of provisions not to affect authority

of Attorney General, etc., to institute or

intervene in actions or proceedings.

2000h-4. Construction of provisions not to exclude

operation of State laws and not to invalidate

consistent State laws.

2000h-5. Authorization of appropriations.

2000h-6. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 11111 of this title.

-End-

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42 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

SUBCHAPTER I - GENERALLY

-End-

-CITE-

42 USC Sec. 1981 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1981. Equal rights under the law

-STATUTE-

(a) Statement of equal rights

All persons within the jurisdiction of the United States shall

have the same right in every State and Territory to make and

enforce contracts, to sue, be parties, give evidence, and to the

full and equal benefit of all laws and proceedings for the security

of persons and property as is enjoyed by white citizens, and shall

be subject to like punishment, pains, penalties, taxes, licenses,

and exactions of every kind, and to no other.

(b) "Make and enforce contracts" defined

For purposes of this section, the term "make and enforce

contracts" includes the making, performance, modification, and

termination of contracts, and the enjoyment of all benefits,

privileges, terms, and conditions of the contractual relationship.

(c) Protection against impairment

The rights protected by this section are protected against

impairment by nongovernmental discrimination and impairment under

color of State law.

-SOURCE-

(R.S. Sec. 1977; Pub. L. 102-166, title I, Sec. 101, Nov. 21, 1991,

105 Stat. 1071.)

-COD-

CODIFICATION

R.S. Sec. 1977 derived from act May 31, 1870, ch. 114, Sec. 16,

16 Stat. 144.

Section was formerly classified to section 41 of Title 8, Aliens

and Nationality.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-166 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 402 of Pub. L. 102-166 provided that:

"(a) In General. - Except as otherwise specifically provided,

this Act [see Short Title of 1991 Amendment note below] and the

amendments made by this Act shall take effect upon enactment [Nov.

21, 1991].

"(b) Certain Disparate Impact Cases. - Notwithstanding any other

provision of this Act, nothing in this Act shall apply to any

disparate impact case for which a complaint was filed before March

1, 1975, and for which an initial decision was rendered after

October 30, 1983."

SHORT TITLE OF 1991 AMENDMENT

Section 1 of Pub. L. 102-166 provided that: "This Act [enacting

section 1981a of this title and sections 60l and 1201 to 1224 of

Title 2, The Congress, amending this section and sections 1988,

2000e, 2000e-1, 2000e-2, 2000e-4, 2000e-5, 2000e-16, 12111, 12112,

and 12209 of this title, and section 626 of Title 29, Labor, and

enacting provisions set out as notes under this section and

sections 2000e and 2000e-4 of this title, and section 1a-5 of Title

16, Conservation] may be cited as the 'Civil Rights Act of 1991'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-559, which amended section 1988 of this title, is

known as "The Civil Rights Attorney's Fees Awards Act of 1976", see

note set out under section 1988 of this title.

SEVERABILITY

Section 401 of Pub. L. 102-166 provided that: "If any provision

of this Act [see Short Title of 1991 Amendment note above], or an

amendment made by this Act, or the application of such provision to

any person or circumstances is held to be invalid, the remainder of

this Act and the amendments made by this Act, and the application

of such provision to other persons and circumstances, shall not be

affected."

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 102-166 provided that: "The Congress finds

that -

"(1) additional remedies under Federal law are needed to deter

unlawful harassment and intentional discrimination in the

workplace;

"(2) the decision of the Supreme Court in Wards Cove Packing

Co. v. Atonio, 490 U.S. 642 (1989) has weakened the scope and

effectiveness of Federal civil rights protections; and

"(3) legislation is necessary to provide additional protections

against unlawful discrimination in employment."

PURPOSES OF 1991 AMENDMENT

Section 3 of Pub. L. 102-166 provided that: "The purposes of this

Act [see Short Title of 1991 Amendment note above] are -

"(1) to provide appropriate remedies for intentional

discrimination and unlawful harassment in the workplace;

"(2) to codify the concepts of 'business necessity' and 'job

related' enunciated by the Supreme Court in Griggs v. Duke Power

Co., 401 U.S. 424 (1971), and in the other Supreme Court

decisions prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 642

(1989);

"(3) to confirm statutory authority and provide statutory

guidelines for the adjudication of disparate impact suits under

title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et

seq.); and

"(4) to respond to recent decisions of the Supreme Court by

expanding the scope of relevant civil rights statutes in order to

provide adequate protection to victims of discrimination."

LEGISLATIVE HISTORY FOR 1991 AMENDMENT

Section 105(b) of Pub. L. 102-166 provided that: "No statements

other than the interpretive memorandum appearing at Vol. 137

Congressional Record S 15276 (daily ed. Oct. 25, 1991) shall be

considered legislative history of, or relied upon in any way as

legislative history in construing or applying, any provision of

this Act [see Short Title of 1991 Amendment note above] that

relates to Wards Cove - Business necessity/cumulation/alternative

business practice."

CONSTRUCTION OF 1991 AMENDMENT

Section 116 of title I of Pub. L. 102-166 provided that: "Nothing

in the amendments made by this title [enacting section 1981a of

this title and amending this section, sections 1988, 2000e,

2000e-1, 2000e-2, 2000e-4, 2000e-5, 2000e-16, 12111, and 12112 of

this title, and section 626 of Title 29, Labor] shall be construed

to affect court-ordered remedies, affirmative action, or

conciliation agreements, that are in accordance with the law."

ALTERNATIVE MEANS OF DISPUTE RESOLUTION

Section 118 of title I of Pub. L. 102-166 provided that: "Where

appropriate and to the extent authorized by law, the use of

alternative means of dispute resolution, including settlement

negotiations, conciliation, facilitation, mediation, factfinding,

minitrials, and arbitration, is encouraged to resolve disputes

arising under the Acts or provisions of Federal law amended by this

title [enacting section 1981a of this title and amending this

section, sections 1988, 2000e, 2000e-1, 2000e-2, 2000e-4, 2000e-5,

2000e-16, 12111, and 12112 of this title, and section 626 of Title

29, Labor]."

-EXEC-

EXECUTIVE ORDER NO. 13050

Ex. Ord. No. 13050, June 13, 1997, 62 F.R. 32987, which

established the President's Advisory Board on Race, was revoked by

Ex. Ord. No. 13138, Sec. 3(e), Sept. 30, 1999, 64 F.R. 53880,

formerly set out as a note under section 14 of the Appendix to

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 1988, 2000e-16b of

this title; title 2 section 1311; title 3 section 411.

-End-

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42 USC Sec. 1981a 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1981a. Damages in cases of intentional discrimination in

employment

-STATUTE-

(a) Right of recovery

(1) Civil rights

In an action brought by a complaining party under section 706

or 717 of the Civil Rights Act of 1964 [42 U.S.C. 2000e-5,

2000e-16] against a respondent who engaged in unlawful

intentional discrimination (not an employment practice that is

unlawful because of its disparate impact) prohibited under

section 703, 704, or 717 of the Act [42 U.S.C. 2000e-2, 2000e-3,

2000e-16], and provided that the complaining party cannot recover

under section 1981 of this title, the complaining party may

recover compensatory and punitive damages as allowed in

subsection (b) of this section, in addition to any relief

authorized by section 706(g) of the Civil Rights Act of 1964,

from the respondent.

(2) Disability

In an action brought by a complaining party under the powers,

remedies, and procedures set forth in section 706 or 717 of the

Civil Rights Act of 1964 [42 U.S.C. 2000e-5, 2000e-16] (as

provided in section 107(a) of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12117(a)), and section 794a(a)(1) of title 29,

respectively) against a respondent who engaged in unlawful

intentional discrimination (not an employment practice that is

unlawful because of its disparate impact) under section 791 of

title 29 and the regulations implementing section 791 of title

29, or who violated the requirements of section 791 of title 29

or the regulations implementing section 791 of title 29

concerning the provision of a reasonable accommodation, or

section 102 of the Americans with Disabilities Act of 1990 (42

U.S.C. 12112), or committed a violation of section 102(b)(5) of

the Act, against an individual, the complaining party may recover

compensatory and punitive damages as allowed in subsection (b) of

this section, in addition to any relief authorized by section

706(g) of the Civil Rights Act of 1964, from the respondent.

(3) Reasonable accommodation and good faith effort

In cases where a discriminatory practice involves the provision

of a reasonable accommodation pursuant to section 102(b)(5) of

the Americans with Disabilities Act of 1990 [42 U.S.C.

12112(b)(5)] or regulations implementing section 791 of title 29,

damages may not be awarded under this section where the covered

entity demonstrates good faith efforts, in consultation with the

person with the disability who has informed the covered entity

that accommodation is needed, to identify and make a reasonable

accommodation that would provide such individual with an equally

effective opportunity and would not cause an undue hardship on

the operation of the business.

(b) Compensatory and punitive damages

(1) Determination of punitive damages

A complaining party may recover punitive damages under this

section against a respondent (other than a government, government

agency or political subdivision) if the complaining party

demonstrates that the respondent engaged in a discriminatory

practice or discriminatory practices with malice or with reckless

indifference to the federally protected rights of an aggrieved

individual.

(2) Exclusions from compensatory damages

Compensatory damages awarded under this section shall not

include backpay, interest on backpay, or any other type of relief

authorized under section 706(g) of the Civil Rights Act of 1964

[42 U.S.C. 2000e-5(g)].

(3) Limitations

The sum of the amount of compensatory damages awarded under

this section for future pecuniary losses, emotional pain,

suffering, inconvenience, mental anguish, loss of enjoyment of

life, and other nonpecuniary losses, and the amount of punitive

damages awarded under this section, shall not exceed, for each

complaining party -

(A) in the case of a respondent who has more than 14 and

fewer than 101 employees in each of 20 or more calendar weeks

in the current or preceding calendar year, $50,000;

(B) in the case of a respondent who has more than 100 and

fewer than 201 employees in each of 20 or more calendar weeks

in the current or preceding calendar year, $100,000; and

(C) in the case of a respondent who has more than 200 and

fewer than 501 employees in each of 20 or more calendar weeks

in the current or preceding calendar year, $200,000; and

(D) in the case of a respondent who has more than 500

employees in each of 20 or more calendar weeks in the current

or preceding calendar year, $300,000.

(4) Construction

Nothing in this section shall be construed to limit the scope

of, or the relief available under, section 1981 of this title.

(c) Jury trial

If a complaining party seeks compensatory or punitive damages

under this section -

(1) any party may demand a trial by jury; and

(2) the court shall not inform the jury of the limitations

described in subsection (b)(3) of this section.

(d) Definitions

As used in this section:

(1) Complaining party

The term "complaining party" means -

(A) in the case of a person seeking to bring an action under

subsection (a)(1) of this section, the Equal Employment

Opportunity Commission, the Attorney General, or a person who

may bring an action or proceeding under title VII of the Civil

Rights Act of 1964 (42 U.S.C. 2000e et seq.); or

(B) in the case of a person seeking to bring an action under

subsection (a)(2) of this section, the Equal Employment

Opportunity Commission, the Attorney General, a person who may

bring an action or proceeding under section 794a(a)(1) of title

29, or a person who may bring an action or proceeding under

title I of the Americans with Disabilities Act of 1990 [42

U.S.C. 12111 et seq.].

(2) Discriminatory practice

The term "discriminatory practice" means the discrimination

described in paragraph (1), or the discrimination or the

violation described in paragraph (2), of subsection (a) of this

section.

-SOURCE-

(R.S. Sec. 1977A, as added Pub. L. 102-166, title I, Sec. 102, Nov.

21, 1991, 105 Stat. 1072.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (d)(1)(A),

is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title

VII of the Act is classified generally to subchapter VI (Sec. 2000e

et seq.) of this chapter. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

this title and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (d)(1)(B) is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 12111 et seq.) of chapter 126 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 12101 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Nov. 21, 1991, except as otherwise provided,

see section 402 of Pub. L. 102-166, set out as an Effective Date of

1991 Amendment note under section 1981 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1988, 2000e-16b of this

title; title 2 section 1311; title 3 section 411.

-End-

-CITE-

42 USC Sec. 1982 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1982. Property rights of citizens

-STATUTE-

All citizens of the United States shall have the same right, in

every State and Territory, as is enjoyed by white citizens thereof

to inherit, purchase, lease, sell, hold, and convey real and

personal property.

-SOURCE-

(R.S. Sec. 1978.)

-COD-

CODIFICATION

R.S. Sec. 1978 derived from act Apr. 9, 1866, ch. 31, Sec. 1, 14

Stat. 27.

Section was formerly classified to section 42 of Title 8, Aliens

and Nationality.

-EXEC-

EX. ORD. NO. 11063. EQUAL OPPORTUNITY IN HOUSING

Ex. Ord. No. 11063, Nov. 20, 1962, 27 F.R. 11527, as amended by

Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No.

12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939, provided:

WHEREAS the granting of Federal assistance for the provision,

rehabilitation, or operation of housing and related facilities from

which Americans are excluded because of their race, color, creed,

or national origin is unfair, unjust, and inconsistent with the

public policy of the United States as manifested in its

Constitution and laws; and

WHEREAS the Congress in the Housing Act of 1949 [see Short Title

note set out under section 1441 of this title] has declared that

the general welfare and security of the Nation and the health and

living standards of its people require the realization as soon as

feasible of the goal of a decent home and a suitable living

environment for every American family; and

WHEREAS discriminatory policies and practices based upon race,

color, creed, or national origin now operate to deny many Americans

the benefits of housing financed through Federal assistance and as

a consequence prevent such assistance from providing them with an

alternative to substandard, unsafe, unsanitary, and overcrowded

housing; and

WHEREAS such discriminatory policies and practices result in

segregated patterns of housing and necessarily produce other forms

of discrimination and segregation which deprive many Americans of

equal opportunity in the exercise of their unalienable rights to

life, liberty, and the pursuit of happiness; and

WHEREAS the executive branch of the Government, in faithfully

executing the laws of the United States which authorize Federal

financial assistance, directly or indirectly, for the provision,

rehabilitation, and operation of housing and related facilities, is

charged with an obligation and duty to assure that those laws are

fairly administered and that benefits thereunder are made available

to all Americans without regard to their race, color, creed, or

national origin:

NOW, THEREFORE, by virtue of the authority vested in me as

President of the United States by the Constitution and laws of the

United States, it is ordered as follows:

PART I - PREVENTION OF DISCRIMINATION

Section 101. I hereby direct all departments and agencies in the

executive branch of the Federal Government, insofar as their

functions relate to the provision, rehabilitation, or operation of

housing and related facilities, to take all action necessary and

appropriate to prevent discrimination because of race, color,

religion (creed), sex, disability, familial status or national

origin -

(a) in the sale, leasing, rental, or other disposition of

residential property and related facilities (including land to be

developed for residential use), or in the use or occupancy thereof,

if such property and related facilities are -

(i) owned or operated by the Federal Government, or

(ii) provided in whole or in part with the aid of loans,

advances, grants, or contributions hereafter agreed to be made by

the Federal Government, or

(iii) provided in whole or in part by loans hereafter insured,

guaranteed, or otherwise secured by the credit of the Federal

Government, or

(iv) provided by the development or the redevelopment of real

property purchased, leased, or otherwise obtained from a State or

local public agency receiving Federal financial assistance for slum

clearance or urban renewal with respect to such real property under

a loan of grant contract hereafter entered into; and

(b) in the lending practices with respect to residential property

and related facilities (including land to be developed for

residential use) of lending institutions, insofar as such practices

relate to loans hereafter insured or guaranteed by the Federal

Government.

Sec. 102. I hereby direct the Department of Housing and Urban

Development and all other executive departments and agencies to use

their good offices and to take other appropriate action permitted

by law, including the institution of appropriate litigation, if

required, to promote the abandonment of discriminatory practices

with respect to residential property and related facilities

heretofore provided with Federal financial assistance of the types

referred to in Section 101(a)(ii), (iii), and (iv).

PART II - IMPLEMENTATION BY DEPARTMENTS AND AGENCIES

Sec. 201. Each executive department and agency subject to this

order is directed to submit to the President's Committee on Equal

Opportunity in Housing established pursuant to Part IV of this

order (hereinafter sometimes referred to as the Committee), within

thirty days from the date of this order, a report outlining all

current programs administered by it which are affected by this

order.

Sec. 202. Each such department and agency shall be primarily

responsible for obtaining compliance with the purposes of this

order as the order applies to programs administered by it; and is

directed to cooperate with the Committee, to furnish it, in

accordance with law, such information and assistance as it may

request in the performance of its functions, and to report to it at

such intervals as the Committee may require.

Sec. 203. Each such department and agency shall, within thirty

days from the date of this order, issue such rules and regulations,

adopt such procedures and policies, and make such exemptions and

exceptions as may be consistent with law and necessary or

appropriate to effectuate the purposes of this order. Each such

department and agency shall consult with the Committee in order to

achieve such consistency and uniformity as may be feasible.

PART III - ENFORCEMENT

Sec. 301. The Committee, any subcommittee thereof, and any

officer or employee designated by any executive department or

agency subject to this order may hold such hearings, public or

private, as the Committee, department, or agency may deem advisable

for compliance, enforcement, or educational purposes.

Sec. 302. If any executive department or agency subject to this

order concludes that any person or firm (including but not limited

to any individual, partnership, association, trust, or corporation)

or any State or local public agency has violated any rule,

regulation, or procedure issued or adopted pursuant to this order,

or any nondiscrimination provision included in any agreement or

contract pursuant to any such rule, regulation, or procedure, it

shall endeavor to end and remedy such violation by informal means,

including conference, conciliation, and persuasion unless similar

efforts made by another Federal department or agency have been

unsuccessful. In conformity with rules, regulations, procedures, or

policies issued or adopted by it pursuant to Section 203 hereof, a

department or agency may take such action as may be appropriate

under its governing laws, including, but not limited to, the

following:

It may -

(a) cancel or terminate in whole or in part any agreement or

contract with such person, firm, or State or local public agency

providing for a loan, grant, contribution, or other Federal aid, or

for the payment of a commission or fee;

(b) refrain from extending any further aid under any program

administered by it and affected by this order until it is satisfied

that the affected person, firm, or State or local public agency

will comply with the rules, regulations, and procedures issued or

adopted pursuant to this order, and any nondiscrimination

provisions included in any agreement or contract;

(c) refuse to approve a lending institution or any other lender

as a beneficiary under any program administered by it which is

affected by this order or revoke such approval if previously given.

Sec. 303. In appropriate cases executive departments and agencies

shall refer to the Attorney General violations of any rules,

regulations, or procedures issued or adopted pursuant to this

order, or violations of any nondiscrimination provisions included

in any agreement or contract, for such civil or criminal action as

he may deem appropriate. The Attorney General is authorized to

furnish legal advice concerning this order to the Committee and to

any department or agency requesting such advice.

Sec. 304. Any executive department or agency affected by this

order may also invoke the sanctions provided in Section 302 where

any person or firm, including a lender, has violated the rules,

regulations, or procedures issued or adopted pursuant to this

order, or the nondiscrimination provisions included in any

agreement or contract, with respect to any program affected by this

order administered by any other executive department or agency.

PART IV - ESTABLISHMENT OF THE PRESIDENT'S COMMITTEE ON EQUAL

OPPORTUNITY IN HOUSING

[Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex.

Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]

PART V - POWERS AND DUTIES OF THE PRESIDENT'S COMMITTEE ON EQUAL

OPPORTUNITY IN HOUSING

Sec. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.

1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]

Sec. 502. (a) The Committee shall take such steps as it deems

necessary and appropriate to promote the coordination of the

activities of departments and agencies under this order. In so

doing, the Committee shall consider the overall objectives of

Federal legislation relating to housing and the right of every

individual to participate without discrimination because of race,

color, religion (creed), sex, disability, familial status or

national origin in the ultimate benefits of the Federal programs

subject to this order.

(b) The Committee may confer with representatives of any

department or agency, State or local public agency, civic,

industry, or labor group, or any other group directly or indirectly

affected by this order; examine the relevant rules, regulations,

procedures, policies, and practices of any department or agency

subject to this order and make such recommendations as may be

necessary or desirable to achieve the purposes of this order.

(c) The Committee shall encourage educational programs by civic,

educational, religious, industry, labor, and other nongovernmental

groups to eliminate the basic causes of discrimination in housing

and related facilities provided with Federal assistance.

Sec. 503. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.

1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]

PART VI - MISCELLANEOUS

Sec. 601. As used in this order, the term "departments and

agencies" includes any wholly-owned or mixed-ownership Government

corporation, and the term "State" includes the District of

Columbia, the Commonwealth of Puerto Rico, and the territories of

the United States.

Sec. 602. This order shall become effective immediately.

[Functions of President's Committee on Equal Opportunity in

Housing under Ex. Ord. No. 11063 delegated to Secretary of Housing

and Urban Development by Ex. Ord. No. 12892, Sec. 6-604(a), Jan.

17, 1994, 59 F.R. 2939, set out as a note under section 3608 of

this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1988, 3608 of this title.

-End-

-CITE-

42 USC Sec. 1983 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1983. Civil action for deprivation of rights

-STATUTE-

Every person who, under color of any statute, ordinance,

regulation, custom, or usage, of any State or Territory or the

District of Columbia, subjects, or causes to be subjected, any

citizen of the United States or other person within the

jurisdiction thereof to the deprivation of any rights, privileges,

or immunities secured by the Constitution and laws, shall be liable

to the party injured in an action at law, suit in equity, or other

proper proceeding for redress, except that in any action brought

against a judicial officer for an act or omission taken in such

officer's judicial capacity, injunctive relief shall not be granted

unless a declaratory decree was violated or declaratory relief was

unavailable. For the purposes of this section, any Act of Congress

applicable exclusively to the District of Columbia shall be

considered to be a statute of the District of Columbia.

-SOURCE-

(R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec. 29, 1979, 93 Stat.

1284; Pub. L. 104-317, title III, Sec. 309(c), Oct. 19, 1996, 110

Stat. 3853.)

-COD-

CODIFICATION

R.S. Sec. 1979 derived from act Apr. 20, 1871, ch. 22, Sec. 1, 17

Stat. 13.

Section was formerly classified to section 43 of Title 8, Aliens

and Nationality.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-317 inserted before period at end of first

sentence ", except that in any action brought against a judicial

officer for an act or omission taken in such officer's judicial

capacity, injunctive relief shall not be granted unless a

declaratory decree was violated or declaratory relief was

unavailable".

1979 - Pub. L. 96-170 inserted "or the District of Columbia"

after "Territory", and provisions relating to Acts of Congress

applicable solely to the District of Columbia.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-170 applicable with respect to any

deprivation of rights, privileges, or immunities secured by the

Constitution and laws occurring after Dec. 29, 1979, see section 3

of Pub. L. 96-170, set out as a note under section 1343 of Title

28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437c-1, 1988, 1997e of

this title.

-End-

-CITE-

42 USC Sec. 1984 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1984. Omitted

-COD-

CODIFICATION

Section, act Mar. 1, 1875, ch. 114, Sec. 5, 18 Stat. 337, which

was formerly classified to section 46 of Title 8, Aliens and

Nationality, related to Supreme Court review of cases arising under

act Mar. 1, 1875. Sections 1 and 2 of act Mar. 1, 1875 were

declared unconstitutional in U.S. v. Singleton, 109 U.S. 3, and

sections 3 and 4 of such act were repealed by act June 25, 1948,

ch. 645, Sec. 21, 62 Stat. 862.

-End-

-CITE-

42 USC Sec. 1985 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1985. Conspiracy to interfere with civil rights

-STATUTE-

(1) Preventing officer from performing duties

If two or more persons in any State or Territory conspire to

prevent, by force, intimidation, or threat, any person from

accepting or holding any office, trust, or place of confidence

under the United States, or from discharging any duties thereof; or

to induce by like means any officer of the United States to leave

any State, district, or place, where his duties as an officer are

required to be performed, or to injure him in his person or

property on account of his lawful discharge of the duties of his

office, or while engaged in the lawful discharge thereof, or to

injure his property so as to molest, interrupt, hinder, or impede

him in the discharge of his official duties;

(2) Obstructing justice; intimidating party, witness, or juror

If two or more persons in any State or Territory conspire to

deter, by force, intimidation, or threat, any party or witness in

any court of the United States from attending such court, or from

testifying to any matter pending therein, freely, fully, and

truthfully, or to injure such party or witness in his person or

property on account of his having so attended or testified, or to

influence the verdict, presentment, or indictment of any grand or

petit juror in any such court, or to injure such juror in his

person or property on account of any verdict, presentment, or

indictment lawfully assented to by him, or of his being or having

been such juror; or if two or more persons conspire for the purpose

of impeding, hindering, obstructing, or defeating, in any manner,

the due course of justice in any State or Territory, with intent to

deny to any citizen the equal protection of the laws, or to injure

him or his property for lawfully enforcing, or attempting to

enforce, the right of any person, or class of persons, to the equal

protection of the laws;

(3) Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go

in disguise on the highway or on the premises of another, for the

purpose of depriving, either directly or indirectly, any person or

class of persons of the equal protection of the laws, or of equal

privileges and immunities under the laws; or for the purpose of

preventing or hindering the constituted authorities of any State or

Territory from giving or securing to all persons within such State

or Territory the equal protection of the laws; or if two or more

persons conspire to prevent by force, intimidation, or threat, any

citizen who is lawfully entitled to vote, from giving his support

or advocacy in a legal manner, toward or in favor of the election

of any lawfully qualified person as an elector for President or

Vice President, or as a Member of Congress of the United States; or

to injure any citizen in person or property on account of such

support or advocacy; in any case of conspiracy set forth in this

section, if one or more persons engaged therein do, or cause to be

done, any act in furtherance of the object of such conspiracy,

whereby another is injured in his person or property, or deprived

of having and exercising any right or privilege of a citizen of the

United States, the party so injured or deprived may have an action

for the recovery of damages occasioned by such injury or

deprivation, against any one or more of the conspirators.

-SOURCE-

(R.S. Sec. 1980.)

-COD-

CODIFICATION

R.S. Sec. 1980 derived from acts July 31, 1861, ch. 33, 12 Stat.

284; Apr. 20, 1871, ch. 22, Sec. 2, 17 Stat. 13.

Section was formerly classified to section 47 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1986, 1988 of this title;

title 28 section 1343.

-End-

-CITE-

42 USC Sec. 1986 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1986. Action for neglect to prevent

-STATUTE-

Every person who, having knowledge that any of the wrongs

conspired to be done, and mentioned in section 1985 of this title,

are about to be committed, and having power to prevent or aid in

preventing the commission of the same, neglects or refuses so to

do, if such wrongful act be committed, shall be liable to the party

injured, or his legal representatives, for all damages caused by

such wrongful act, which such person by reasonable diligence could

have prevented; and such damages may be recovered in an action on

the case; and any number of persons guilty of such wrongful neglect

or refusal may be joined as defendants in the action; and if the

death of any party be caused by any such wrongful act and neglect,

the legal representatives of the deceased shall have such action

therefor, and may recover not exceeding $5,000 damages therein, for

the benefit of the widow of the deceased, if there be one, and if

there be no widow, then for the benefit of the next of kin of the

deceased. But no action under the provisions of this section shall

be sustained which is not commenced within one year after the cause

of action has accrued.

-SOURCE-

(R.S. Sec. 1981.)

-COD-

CODIFICATION

R.S. Sec. 1981 derived from act Apr. 20, 1871, ch. 22, Sec. 6, 17

Stat. 15.

Section was formerly classified to section 48 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1988 of this title.

-End-

-CITE-

42 USC Sec. 1987 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1987. Prosecution of violation of certain laws

-STATUTE-

The United States attorneys, marshals, and deputy marshals, the

United States magistrate judges appointed by the district and

territorial courts, with power to arrest, imprison, or bail

offenders, and every other officer who is especially empowered by

the President, are authorized and required, at the expense of the

United States, to institute prosecutions against all persons

violating any of the provisions of section 1990 of this title or of

sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and

to cause such persons to be arrested, and imprisoned or bailed, for

trial before the court of the United States or the territorial

court having cognizance of the offense.

-SOURCE-

(R.S. Sec. 1982; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167;

June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Pub. L. 90-578, title

IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-REFTEXT-

REFERENCES IN TEXT

Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of the

Revised Statutes, referred to in text, were repealed by act Mar. 4,

1909, ch. 321, Sec. 341, 35 Stat. 1153; section 5506, 5511 to 5515,

and 5520 to 5523, also referred to in text, were repealed by act

Feb. 8, 1894, ch. 25, Sec. 1, 28 Stat. 37. The provisions of

sections 5508, 5510, 5516, 5518 and 5524 to 5532 of the Revised

Statutes were reenacted by act Mar. 4, 1909, and classified to

sections 51, 52, 54 to 59, 246, 428 and 443 to 445 of former Title

18, Criminal Code and Criminal Procedure. Those sections were

repealed and reenacted as sections 241, 242, 372, 592, 593, 752,

1071, 1581, 1583 and 1588 of Title 18, Crimes and Criminal

Procedure, in the general revision of Title 18 by act June 25,

1948, ch. 645, 62 Stat. 683.

-COD-

CODIFICATION

R.S. Sec. 1982 derived from acts Apr. 9, 1866, ch. 31, Sec. 4, 14

Stat. 28; May 31, 1870, Ch. 114, Sec. 9, 16 Stat. 142.

Section was formerly classified to section 49 of Title 8, Aliens

and Nationality.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorneys" for "district attorneys". See section 541 of Title 28,

Judiciary and Judicial Procedure, and Historical and Revision Notes

thereunder.

"United States magistrate judges" substituted in text for

"magistrates" pursuant to section 321 of Pub. L. 101-650, set out

as a note under section 631 of Title 28. Previously, "magistrates"

substituted for "commissioners" pursuant to Pub. L. 90-578. See

chapter 43 (Sec. 631 et seq.) of Title 28.

Reference to the district courts substituted for reference to the

circuit courts on authority of section 291 of act Mar. 3, 1911.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1989 of this title.

-End-

-CITE-

42 USC Sec. 1988 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1988. Proceedings in vindication of civil rights

-STATUTE-

(a) Applicability of statutory and common law

The jurisdiction in civil and criminal matters conferred on the

district courts by the provisions of titles 13, 24, and 70 of the

Revised Statutes for the protection of all persons in the United

States in their civil rights, and for their vindication, shall be

exercised and enforced in conformity with the laws of the United

States, so far as such laws are suitable to carry the same into

effect; but in all cases where they are not adapted to the object,

or are deficient in the provisions necessary to furnish suitable

remedies and punish offenses against law, the common law, as

modified and changed by the constitution and statutes of the State

wherein the court having jurisdiction of such civil or criminal

cause is held, so far as the same is not inconsistent with the

Constitution and laws of the United States, shall be extended to

and govern the said courts in the trial and disposition of the

cause, and, if it is of a criminal nature, in the infliction of

punishment on the party found guilty.

(b) Attorney's fees

In any action or proceeding to enforce a provision of sections

1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of

Public Law 92-318 [20 U.S.C. 1681 et seq.], the Religious Freedom

Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious

Land Use and Institutionalized Persons Act of 2000 [42 U.S.C.

2000cc et seq.], title VI of the Civil Rights Act of 1964 [42

U.S.C. 2000d et seq.], or section 13981 of this title, the court,

in its discretion, may allow the prevailing party, other than the

United States, a reasonable attorney's fee as part of the costs,

except that in any action brought against a judicial officer for an

act or omission taken in such officer's judicial capacity such

officer shall not be held liable for any costs, including

attorney's fees, unless such action was clearly in excess of such

officer's jurisdiction.

(c) Expert fees

In awarding an attorney's fee under subsection (b) of this

section in any action or proceeding to enforce a provision of

section 1981 or 1981a of this title, the court, in its discretion,

may include expert fees as part of the attorney's fee.

-SOURCE-

(R.S. Sec. 722; Pub. L. 94-559, Sec. 2, Oct. 19, 1976, 90 Stat.

2641; Pub. L. 96-481, title II, Sec. 205(c), Oct. 21, 1980, 94

Stat. 2330; Pub. L. 102-166, title I, Secs. 103, 113(a), Nov. 21,

1991, 105 Stat. 1074, 1079; Pub. L. 103-141, Sec. 4(a), Nov. 16,

1993, 107 Stat. 1489; Pub. L. 103-322, title IV, Sec. 40303, Sept.

13, 1994, 108 Stat. 1942; Pub. L. 104-317, title III, Sec. 309(b),

Oct. 19, 1996, 110 Stat. 3853; Pub. L. 106-274, Sec. 4(d), Sept.

22, 2000, 114 Stat. 804.)

-REFTEXT-

REFERENCES IN TEXT

Title 13 of the Revised Statutes, referred to in subsec. (a), was

in the original "this Title" meaning title 13 of the Revised

Statutes, consisting of R.S. Secs. 530 to 1093. For complete

classification of R.S. Secs. 530 to 1093 to the Code, see Tables.

Title 24 of the Revised Statutes, referred to in subsec. (a), was

in the original "Title 'Civil Rights,' " meaning title 24 of the

Revised Statutes, consisting of R.S. Secs. 1977 to 1991, which are

classified to sections 1981 to 1983, 1985 to 1987, and 1989 to 1994

of this title. For complete classification of R.S. Secs. 1977 to

1991 to the Code, see Tables.

Title 70 of the Revised Statutes, referred to in subsec. (a), was

in the original "Title 'Crimes,' " meaning title 70 of the Revised

Statutes, consisting of R.S. Secs. 5323 to 5550. For complete

classification of R.S. Secs. 5323 to 5550, see Tables.

Title IX of Public Law 92-318, referred to in subsec. (b), is

title IX of Pub. L. 92-318, June 23, 1972, 86 Stat. 373, as

amended, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, which is classified principally to chapter 38 (Sec.

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 Religious Freedom Restoration Act of 1993, referred to in

subsec. (b), is Pub. L. 103-141, Nov. 16, 1993, 107 Stat. 1488,

which is classified principally to chapter 21B (Sec. 2000bb et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2000bb of this

title and Tables.

The Religious Land Use and Institutionalized Persons Act of 2000,

referred to in subsec. (b), is Pub. L. 106-274, Sept. 22, 2000, 114

Stat. 803, which is classified principally to chapter 21C (Sec.

2000cc et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 2000cc

of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b), 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 subchapter V

(Sec. 2000d et seq.) of this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

-COD-

CODIFICATION

R.S. Sec. 722 derived from acts Apr. 9, 1866, ch. 31, Sec. 3, 14

Stat. 27; May 31, 1870, ch. 114, Sec. 18, 16 Stat. 144.

Section was formerly classified to section 729 of Title 28 prior

to the general revision and enactment of Title 28, Judiciary and

Judicial Procedure, by act June 25, 1948, ch. 646, Sec. 1, 62 Stat.

869.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-274 inserted "the Religious Land

Use and Institutionalized Persons Act of 2000," after "Religious

Freedom Restoration Act of 1993," and deleted comma after "section

13981 of this title,".

1996 - Subsec. (b). Pub. L. 104-317 inserted before period at end

", except that in any action brought against a judicial officer for

an act or omission taken in such officer's judicial capacity such

officer shall not be held liable for any costs, including

attorney's fees, unless such action was clearly in excess of such

officer's jurisdiction".

1994 - Subsec. (b). Pub. L. 103-322, which directed the amendment

of the last sentence of this section by striking "or" after

"92-318," and by inserting ", or section 13981 of this title,"

after "1964", was executed to subsec. (b) of this section by

striking "or" after "Act of 1993," and by inserting ", or section

13981 of this title," after "1964", to reflect the probable intent

of Congress and amendments by Pub. L. 102-166 and Pub. L. 103-141.

See 1993 and 1991 Amendment notes below.

1993 - Subsec. (b). Pub. L. 103-141 inserted "the Religious

Freedom Restoration Act of 1993," before "or title VI".

1991 - Subsec. (a). Pub. L. 102-166, Sec. 113(a)(1), designated

first sentence of existing provisions as subsec. (a).

Subsec. (b). Pub. L. 102-166, Secs. 103, 113(a)(1), designated

second sentence of existing provisions as subsec. (b) and inserted

"1981a," after "1981,".

Subsec. (c). Pub. L. 102-166, Sec. 113(a)(2), added subsec. (c).

1980 - Pub. L. 96-481 struck out "or in any civil action or

proceeding, by or on behalf of the United States of America, to

enforce, or charging a violation of, a provision of the United

States Internal Revenue Code,".

1976 - Pub. L. 94-559 authorized the court, in its discretion, to

allow a reasonable attorney's fee as part of the prevailing party's

costs.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as

otherwise provided, see section 402 of Pub. L. 102-166, set out as

a note under section 1981 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-481 effective Oct. 1, 1981, and

applicable to adversary adjudication as defined in section

504(b)(1)(C) of Title 5, Government Organization and Employees, and

to civil actions and adversary adjudications described in section

2412 of Title 28, Judiciary and Judicial Procedure, which are

pending on, or commenced on or after Oct. 1, 1981, see section 208

of Pub. L. 96-481, set out as an Effective Date note under section

2412 of Title 28.

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-559, Sec. 1, Oct. 19, 1976, 90 Stat. 2641, provided:

"That this Act [amending this section] may be cited as 'The Civil

Rights Attorney's Fees Awards Act of 1976'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 1997e, 3602 of

this title.

-End-

-CITE-

42 USC Sec. 1989 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1989. United States magistrate judges; appointment of persons

to execute warrants

-STATUTE-

The district courts of the United States and the district courts

of the Territories, from time to time, shall increase the number of

United States magistrate judges, so as to afford a speedy and

convenient means for the arrest and examination of persons charged

with the crimes referred to in section 1987 of this title; and such

magistrate judges are authorized and required to exercise all the

powers and duties conferred on them herein with regard to such

offenses in like manner as they are authorized by law to exercise

with regard to other offenses against the laws of the United

States. Said magistrate judges are empowered, within their

respective counties, to appoint, in writing, under their hands, one

or more suitable persons, from time to time, who shall execute all

such warrants or other process as the magistrate judges may issue

in the lawful performance of their duties, and the persons so

appointed shall have authority to summon and call to their aid the

bystanders or posse comitatus of the proper county, or such portion

of the land or naval forces of the United States, or of the

militia, as may be necessary to the performance of the duty with

which they are charged; and such warrants shall run and be executed

anywhere in the State or Territory within which they are issued.

-SOURCE-

(R.S. Secs. 1983, 1984; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat.

1167; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82

Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104

Stat. 5117.)

-COD-

CODIFICATION

R.S. Secs. 1983 and 1984 derived from acts Apr. 9, 1866, ch. 31,

Secs. 4, 5, 14 Stat. 28; May 31, 1870, ch. 114, Secs. 9, 10, 16

Stat. 142.

Section was formerly classified to section 50 of Title 8, Aliens

and Nationality.

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" and "magistrate judges"

substituted in text for "magistrates" wherever appearing pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrates" substituted for "commissioners" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

"District courts" substituted for "circuit courts" on authority

of section 291 of act Mar. 3, 1911.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1990, 1991 of this title.

-End-

-CITE-

42 USC Sec. 1990 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1990. Marshal to obey precepts; refusing to receive or execute

process

-STATUTE-

Every marshal and deputy marshal shall obey and execute all

warrants or other process, when directed to him, issued under the

provisions of section 1989 of this title. Every marshal and deputy

marshal who refuses to receive any warrant or other process when

tendered to him, issued in pursuance of the provisions of this

section, or refuses or neglects to use all proper means diligently

to execute the same, shall be liable to a fine in the sum of

$1,000, for the benefit of the party aggrieved thereby.

-SOURCE-

(R.S. Secs. 1985, 5517.)

-COD-

CODIFICATION

R.S. Sec. 1985 derived from acts Apr. 9, 1866, ch. 31, Sec. 5, 14

Stat. 28; May 31, 1870, ch. 114, Sec. 10, 16 Stat. 142.

R.S. Sec. 5517 derived from act May 31, 1870, ch. 114, Sec. 10,

16 Stat. 142.

Section was formerly classified to section 51 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1987, 1992 of this title.

-End-

-CITE-

42 USC Sec. 1991 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1991. Fees; persons appointed to execute process

-STATUTE-

Every person appointed to execute process under section 1989 of

this title shall be entitled to a fee of $5 for each party he may

arrest and take before any United States magistrate judge, with

such other fees as may be deemed reasonable by the magistrate judge

for any additional services necessarily performed by him, such as

attending at the examination, keeping the prisoner in custody, and

providing him with food and lodging during his detention, and until

the final determination of the magistrate judge; such fees to be

made up in conformity with the fees usually charged by the officers

of the courts of justice within the proper district or county, as

near as may be practicable, and paid out of the Treasury of the

United States on the certificate of the judge of the district

within which the arrest is made, and to be recoverable from the

defendant as part of the judgment in case of conviction.

-SOURCE-

(R.S. Sec. 1987; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17,

1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117.)

-COD-

CODIFICATION

R.S. Sec. 1987 derived from acts Apr. 9, 1866, ch. 31, Sec. 7, 14

Stat. 29; May 31, 1870, ch. 114, Sec. 12, 16 Stat. 143.

Section was formerly classified to section 53 of Title 8, Aliens

and Nationality.

-CHANGE-

CHANGE OF NAME

"United States magistrate judge" and "magistrate judge"

substituted in text for "magistrate" wherever appearing pursuant to

section 321 of Pub. L. 101-650, set out as a note under section 631

of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrate" substituted for "commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-End-

-CITE-

42 USC Sec. 1992 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1992. Speedy trial

-STATUTE-

Whenever the President has reason to believe that offenses have

been, or are likely to be committed against the provisions of

section 1990 of this title or of section 5506 to 5516 and 5518 to

5532 of the Revised Statutes, within any judicial district, it

shall be lawful for him, in his discretion, to direct the judge,

marshal, and United States attorney of such district to attend at

such place within the district, and for such time as he may

designate, for the purpose of the more speedy arrest and trial of

persons so charged, and it shall be the duty of every judge or

other officer, when any such requisition is received by him to

attend at the place and for the time therein designated.

-SOURCE-

(R.S. Sec. 1988; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)

-REFTEXT-

REFERENCES IN TEXT

Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of the

Revised Statutes, referred to in text, were repealed by act Mar. 4,

1909, ch. 321, Sec. 341, 35 Stat. 1153; section 5506, 5511 to 5515,

and 5520 to 5523, also referred to in text, were repealed by act

Feb. 8, 1894, ch. 25, Sec. 1, 28 Stat. 37. The provisions of

sections 5508, 5510, 5516, 5518 and 5524 to 5532 of the Revised

Statutes were reenacted by act Mar. 4, 1909, and classified to

sections 51, 52, 54 to 59, 246, 428 and 443 to 445 of former Title

18, Criminal Code and Criminal Procedure. Those sections were

repealed and reenacted as sections 241, 242, 372, 592, 593, 752,

1071, 1581, 1583 and 1588 of Title 18, Crimes and Criminal

Procedure, in the general revision of Title 18 by act June 25,

1948, ch. 645, 62 Stat. 683.

-COD-

CODIFICATION

R.S. Sec. 1988 derived from act Apr. 9, 1866, ch. 31, Sec. 8, 14

Stat. 29.

Section was formerly classified to section 54 of Title 8, Aliens

and Nationality.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, effective Sept. 1, 1948, substituted "United

States attorney" for "district attorney". See section 541 of Title

28, Judiciary and Judicial Procedure, and Historical and Revision

Notes thereunder.

-End-

-CITE-

42 USC Sec. 1993 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1993. Repealed. Pub. L. 85-315, pt. III, Sec. 122, Sept. 9,

1957, 71 Stat. 637

-MISC1-

Section, R.S. Sec. 1989, authorized President to employ land or

naval forces to aid in execution of judicial process issued under

sections 1981 to 1983 or 1985 to 1992 of this title, or to prevent

violation and enforce due execution of sections 1981 to 1983 and

1985 to 1994 of this title. See section 332 of Title 10, Armed

Forces.

-End-

-CITE-

42 USC Sec. 1994 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1994. Peonage abolished

-STATUTE-

The holding of any person to service or labor under the system

known as peonage is abolished and forever prohibited in any

Territory or State of the United States; and all acts, laws,

resolutions, orders, regulations, or usages of any Territory or

State, which have heretofore established, maintained, or enforced,

or by virtue of which any attempt shall hereafter be made to

establish, maintain, or enforce, directly or indirectly, the

voluntary or involuntary service or labor of any persons as peons,

in liquidation of any debt or obligation, or otherwise, are

declared null and void.

-SOURCE-

(R.S. Sec. 1990.)

-COD-

CODIFICATION

R.S. Sec. 1990 derived from act Mar. 2, 1867, ch. 187, Sec. 1, 14

Stat. 546.

Section was formerly classified to section 56 of Title 8, Aliens

and Nationality.

-End-

-CITE-

42 USC Sec. 1995 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1995. Criminal contempt proceedings; penalties; trial by jury

-STATUTE-

In all cases of criminal contempt arising under the provisions of

this Act, the accused, upon conviction, shall be punished by fine

or imprisonment or both: Provided however, That in case the accused

is a natural person the fine to be paid shall not exceed the sum of

$1,000, nor shall imprisonment exceed the term of six months:

Provided further, That in any such proceeding for criminal

contempt, at the discretion of the judge, the accused may be tried

with or without a jury: Provided further, however, That in the

event such proceeding for criminal contempt be tried before a judge

without a jury and the sentence of the court upon conviction is a

fine in excess of the sum of $300 or imprisonment in excess of

forty-five days, the accused in said proceeding, upon demand

therefore, shall be entitled to a trial de novo before a jury,

which shall conform as near as may be to the practice in other

criminal cases.

This section shall not apply to contempts committed in the

presence of the court or so near thereto as to interfere directly

with the administration of justice nor to the misbehavior,

misconduct, or disobedience, of any officer of the court in respect

to the writs, orders, or process of the court.

Nor shall anything herein or in any other provision of law be

construed to deprive courts of their power, by civil contempt

proceedings, without a jury, to secure compliance with or to

prevent obstruction of, as distinguished from punishment for

violations of, any lawful writ, process, order, rule, decree, or

command of the court in accordance with the prevailing usages of

law and equity, including the power of detention.

-SOURCE-

(Pub. L. 85-315, pt. V, Sec. 151, Sept. 9, 1957, 71 Stat. 638.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 85-315, Sept. 9, 1957,

71 Stat. 634, as amended, known as the Civil Rights Act of 1957,

which enacted this section, sections 1975 to 1975e of this title

and section 295-1 of former Title 5, Executive Departments and

Government Officers and Employees, repealed section 1993 of this

title, amended section 1971 of this title and sections 1343 and

1861 of Title 28, Judiciary and Judicial Procedure, and enacted

provisions set out as a note under section 1971 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1971 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973l of this title.

-End-

-CITE-

42 USC Sec. 1996 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1996. Protection and preservation of traditional religions of

Native Americans

-STATUTE-

On and after August 11, 1978, it shall be the policy of the

United States to protect and preserve for American Indians their

inherent right of freedom to believe, express, and exercise the

traditional religions of the American Indian, Eskimo, Aleut, and

Native Hawaiians, including but not limited to access to sites, use

and possession of sacred objects, and the freedom to worship

through ceremonials and traditional rites.

-SOURCE-

(Pub. L. 95-341, Sec. 1, Aug. 11, 1978, 92 Stat. 469.)

-MISC1-

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-344, Sec. 1, Oct. 6, 1994, 108 Stat. 3125, provided

that: "This Act [enacting section 1996a of this title] may be cited

as the 'American Indian Religious Freedom Act Amendments of 1994'."

SHORT TITLE

Pub. L. 95-341, as amended, which enacted this section, section

1996a of this title, and a provision set out as a note under this

section, is popularly known as the American Indian Religious

Freedom Act.

FEDERAL IMPLEMENTATION OF PROTECTIVE AND PRESERVATION FUNCTIONS

RELATING TO NATIVE AMERICAN RELIGIOUS CULTURAL RIGHTS AND

PRACTICES; PRESIDENTIAL REPORT TO CONGRESS

Section 2 of Pub. L. 95-341 provided that the President direct

the various Federal departments, agencies, and other

instrumentalities responsible for administering relevant laws to

evaluate their policies and procedures in consultation with native

traditional religious leaders to determine changes necessary to

preserve Native American religious cultural rights and practices

and report to the Congress 12 months after Aug. 11, 1978.

-EXEC-

EX. ORD. NO. 13007. INDIAN SACRED SITES

Ex. Ord. No. 13007, May 24, 1996, 61 F.R. 26771, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States, in furtherance of Federal

treaties, and in order to protect and preserve Indian religious

practices, it is hereby ordered:

Section 1. Accommodation of Sacred Sites. (a) In managing Federal

lands, each executive branch agency with statutory or

administrative responsibility for the management of Federal lands

shall, to the extent practicable, permitted by law, and not clearly

inconsistent with essential agency functions, (1) accommodate

access to and ceremonial use of Indian sacred sites by Indian

religious practitioners and (2) avoid adversely affecting the

physical integrity of such sacred sites. Where appropriate,

agencies shall maintain the confidentiality of sacred sites.

(b) For purposes of this order:

(i) "Federal lands" means any land or interests in land owned by

the United States, including leasehold interests held by the United

States, except Indian trust lands;

(ii) "Indian tribe" means an Indian or Alaska Native tribe, band,

nation, pueblo, village, or community that the Secretary of the

Interior acknowledges to exist as an Indian tribe pursuant to

Public Law No. 103-454, 108 Stat. 4791 [see 25 U.S.C. 479a,

479a-1], and "Indian" refers to a member of such an Indian tribe;

and

(iii) "Sacred site" means any specific, discrete, narrowly

delineated location on Federal land that is identified by an Indian

tribe, or Indian individual determined to be an appropriately

authoritative representative of an Indian religion, as sacred by

virtue of its established religious significance to, or ceremonial

use by, an Indian religion; provided that the tribe or

appropriately authoritative representative of an Indian religion

has informed the agency of the existence of such a site.

Sec. 2. Procedures. (a) Each executive branch agency with

statutory or administrative responsibility for the management of

Federal lands shall, as appropriate, promptly implement procedures

for the purposes of carrying out the provisions of section 1 of

this order, including, where practicable and appropriate,

procedures to ensure reasonable notice is provided of proposed

actions or land management policies that may restrict future access

to or ceremonial use of, or adversely affect the physical integrity

of, sacred sites. In all actions pursuant to this section, agencies

shall comply with the Executive memorandum of April 29, 1994,

"Government-to-Government Relations with Native American Tribal

Governments" [25 U.S.C. 450 note].

(b) Within 1 year of the effective date of this order, the head

of each executive branch agency with statutory or administrative

responsibility for the management of Federal lands shall report to

the President, through the Assistant to the President for Domestic

Policy, on the implementation of this order. Such reports shall

address, among other things, (i) any changes necessary to

accommodate access to and ceremonial use of Indian sacred sites;

(ii) any changes necessary to avoid adversely affecting the

physical integrity of Indian sacred sites; and (iii) procedures

implemented or proposed to facilitate consultation with appropriate

Indian tribes and religious leaders and the expeditious resolution

of disputes relating to agency action on Federal lands that may

adversely affect access to, ceremonial use of, or the physical

integrity of sacred sites.

Sec. 3. Nothing in this order shall be construed to require a

taking of vested property interests. Nor shall this order be

construed to impair enforceable rights to use of Federal lands that

have been granted to third parties through final agency action. For

purposes of this order, "agency action" has the same meaning as in

the Administrative Procedure Act (5 U.S.C. 551(13)).

Sec. 4. This order is intended only to improve the internal

management of the executive branch and is not intended to, nor does

it, create any right, benefit, or trust responsibility, substantive

or procedural, enforceable at law or equity by any party against

the United States, its agencies, officers, or any person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1996a, 11701 of this

title; title 16 sections 410aaa-75, 460uu-47, 460jjj-1, 470ii,

543f, 698v-6; title 20 sections 4424, 7512.

-End-

-CITE-

42 USC Sec. 1996a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1996a. Traditional Indian religious use of peyote

-STATUTE-

(a) Congressional findings and declarations

The Congress finds and declares that -

(1) for many Indian people, the traditional ceremonial use of

the peyote cactus as a religious sacrament has for centuries been

integral to a way of life, and significant in perpetuating Indian

tribes and cultures;

(2) since 1965, this ceremonial use of peyote by Indians has

been protected by Federal regulation;

(3) while at least 28 States have enacted laws which are

similar to, or are in conformance with, the Federal regulation

which protects the ceremonial use of peyote by Indian religious

practitioners, 22 States have not done so, and this lack of

uniformity has created hardship for Indian people who participate

in such religious ceremonies;

(4) the Supreme Court of the United States, in the case of

Employment Division v. Smith, 494 U.S. 872 (1990), held that the

First Amendment does not protect Indian practitioners who use

peyote in Indian religious ceremonies, and also raised

uncertainty whether this religious practice would be protected

under the compelling State interest standard; and

(5) the lack of adequate and clear legal protection for the

religious use of peyote by Indians may serve to stigmatize and

marginalize Indian tribes and cultures, and increase the risk

that they will be exposed to discriminatory treatment.

(b) Use, possession, or transportation of peyote

(1) Notwithstanding any other provision of law, the use,

possession, or transportation of peyote by an Indian for bona fide

traditional ceremonial purposes in connection with the practice of

a traditional Indian religion is lawful, and shall not be

prohibited by the United States or any State. No Indian shall be

penalized or discriminated against on the basis of such use,

possession or transportation, including, but not limited to, denial

of otherwise applicable benefits under public assistance programs.

(2) This section does not prohibit such reasonable regulation and

registration by the Drug Enforcement Administration of those

persons who cultivate, harvest, or distribute peyote as may be

consistent with the purposes of this section and section 1996 of

this title.

(3) This section does not prohibit application of the provisions

of section 481.111(a) of Vernon's Texas Health and Safety Code

Annotated, in effect on October 6, 1994, insofar as those

provisions pertain to the cultivation, harvest, and distribution of

peyote.

(4) Nothing in this section shall prohibit any Federal department

or agency, in carrying out its statutory responsibilities and

functions, from promulgating regulations establishing reasonable

limitations on the use or ingestion of peyote prior to or during

the performance of duties by sworn law enforcement officers or

personnel directly involved in public transportation or any other

safety-sensitive positions where the performance of such duties may

be adversely affected by such use or ingestion. Such regulations

shall be adopted only after consultation with representatives of

traditional Indian religions for which the sacramental use of

peyote is integral to their practice. Any regulation promulgated

pursuant to this section shall be subject to the balancing test set

forth in section 3 of the Religious Freedom Restoration Act (Public

Law 103-141; 42 U.S.C. 2000bb-1).

(5) This section shall not be construed as requiring prison

authorities to permit, nor shall it be construed to prohibit prison

authorities from permitting, access to peyote by Indians while

incarcerated within Federal or State prison facilities.

(6) Subject to the provisions of the Religious Freedom

Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1) [42 U.S.C.

2000bb et seq.], this section shall not be construed to prohibit

States from enacting or enforcing reasonable traffic safety laws or

regulations.

(7) Subject to the provisions of the Religious Freedom

Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this

section does not prohibit the Secretary of Defense from

promulgating regulations establishing reasonable limitations on the

use, possession, transportation, or distribution of peyote to

promote military readiness, safety, or compliance with

international law or laws of other countries. Such regulations

shall be adopted only after consultation with representatives of

traditional Indian religions for which the sacramental use of

peyote is integral to their practice.

(c) Definitions

For purposes of this section -

(1) the term "Indian" means a member of an Indian tribe;

(2) the term "Indian tribe" means any tribe, band, nation,

pueblo, or other organized group or community of Indians,

including any Alaska Native village (as defined in, or

established pursuant to, the Alaska Native Claims Settlement Act

(43 U.S.C. 1601 et seq.)), which is recognized as eligible for

the special programs and services provided by the United States

to Indians because of their status as Indians;

(3) the term "Indian religion" means any religion -

(A) which is practiced by Indians, and

(B) the origin and interpretation of which is from within a

traditional Indian culture or community; and

(4) the term "State" means any State of the United States, and

any political subdivision thereof.

(d) Protection of rights of Indians and Indian tribes

Nothing in this section shall be construed as abrogating,

diminishing, or otherwise affecting -

(1) the inherent rights of any Indian tribe;

(2) the rights, express or implicit, of any Indian tribe which

exist under treaties, Executive orders, and laws of the United

States;

(3) the inherent right of Indians to practice their religions;

and

(4) the right of Indians to practice their religions under any

Federal or State law.

-SOURCE-

(Pub. L. 95-341, Sec. 3, as added Pub. L. 103-344, Sec. 2, Oct. 6,

1994, 108 Stat. 3125.)

-REFTEXT-

REFERENCES IN TEXT

The Religious Freedom Restoration Act, referred to in subsec.

(b)(6), (7), probably means the Religious Freedom Restoration Act

of 1993, Pub. L. 103-141, Nov. 16, 1993, 107 Stat. 1488, which is

classified principally to chapter 21B (Sec. 2000bb et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2000bb of this title and

Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(c)(2), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11701 of this title; title

16 sections 410pp-5, 410pp-6, 410aaa-75, 460uu-47, 460jjj-1, 470ii,

543f, 698v-6; title 20 sections 4424, 7512.

-End-

-CITE-

42 USC Sec. 1996b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1996b. Interethnic adoption

-STATUTE-

(1) Prohibited conduct

A person or government that is involved in adoption or foster

care placements may not -

(A) deny to any individual the opportunity to become an

adoptive or a foster parent, on the basis of the race, color, or

national origin of the individual, or of the child, involved; or

(B) delay or deny the placement of a child for adoption or into

foster care, on the basis of the race, color, or national origin

of the adoptive or foster parent, or the child, involved.

(2) Enforcement

Noncompliance with paragraph (1) is deemed a violation of title

VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.].

(3) No effect on the Indian Child Welfare Act of 1978

This subsection shall not be construed to affect the application

of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.].

-SOURCE-

(Pub. L. 104-188, title I, Sec. 1808(c), Aug. 20, 1996, 110 Stat.

1904.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in par. (2), is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act

is classified generally to subchapter V (Sec. 2000d et seq.) of

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 2000a of this title and

Tables.

The Indian Child Welfare Act of 1978, referred to in par. (3), is

Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is

classified principally to chapter 21 (Sec. 1901 et seq.) of Title

25, Indians. For complete classification of this Act to the Code,

see Short Title note set out under section 1901 of Title 25 and

Tables.

-End-

-CITE-

42 USC SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS

-End-

-CITE-

42 USC Sec. 1997 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997. Definitions

-STATUTE-

As used in this subchapter -

(1) The term "institution" means any facility or institution -

(A) which is owned, operated, or managed by, or provides

services on behalf of any State or political subdivision of a

State; and

(B) which is -

(i) for persons who are mentally ill, disabled, or retarded,

or chronically ill or handicapped;

(ii) a jail, prison, or other correctional facility;

(iii) a pretrial detention facility;

(iv) for juveniles -

(I) held awaiting trial;

(II) residing in such facility or institution for purposes

of receiving care or treatment; or

(III) residing for any State purpose in such facility or

institution (other than a residential facility providing only

elementary or secondary education that is not an institution

in which reside juveniles who are adjudicated delinquent, in

need of supervision, neglected, placed in State custody,

mentally ill or disabled, mentally retarded, or chronically

ill or handicapped); or

(v) providing skilled nursing, intermediate or long-term

care, or custodial or residential care.

(2) Privately owned and operated facilities shall not be deemed

"institutions" under this subchapter if -

(A) the licensing of such facility by the State constitutes the

sole nexus between such facility and such State;

(B) the receipt by such facility, on behalf of persons residing

in such facility, of payments under title XVI, XVIII [42 U.S.C.

1381 et seq., 1395 et seq.], or under a State plan approved under

title XIX [42 U.S.C. 1396 et seq.], of the Social Security Act,

constitutes the sole nexus between such facility and such State;

or

(C) the licensing of such facility by the State, and the

receipt by such facility, on behalf of persons residing in such

facility, of payments under title XVI, XVIII [42 U.S.C. 1381 et

seq., 1395 et seq.], or under a State plan approved under title

XIX [42 U.S.C. 1396 et seq.], of the Social Security Act,

constitutes the sole nexus between such facility and such State;

(3) The term "person" means an individual, a trust or estate, a

partnership, an association, or a corporation;

(4) The term "State" means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, or any of

the territories and possessions of the United States;

(5) The term "legislative days" means any calendar day on which

either House of Congress is in session.

-SOURCE-

(Pub. L. 96-247, Sec. 2, May 23, 1980, 94 Stat. 349.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in par. (2)(B), (C), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI,

XVIII, and XIX of the Social Security Act are classified generally

to subchapters XVI (Sec. 1381 et seq.), XVIII (Sec. 1395 et seq.),

and XIX (Sec. 1396 et seq.) of chapter 7 of this title,

respectively. For complete classification of this Act to the Code,

see section 1305 of this title and Tables.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-247 provided: "That this Act [enacting

this subchapter] may be cited as the 'Civil Rights of

Institutionalized Persons Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1997a, 2000cc-1 of this

title.

-End-

-CITE-

42 USC Sec. 1997a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997a. Initiation of civil actions

-STATUTE-

(a) Discretionary authority of Attorney General; preconditions

Whenever the Attorney General has reasonable cause to believe

that any State or political subdivision of a State, official,

employee, or agent thereof, or other person acting on behalf of a

State or political subdivision of a State is subjecting persons

residing in or confined to an institution, as defined in section

1997 of this title, to egregious or flagrant conditions which

deprive such persons of any rights, privileges, or immunities

secured or protected by the Constitution or laws of the United

States causing such persons to suffer grievous harm, and that such

deprivation is pursuant to a pattern or practice of resistance to

the full enjoyment of such rights, privileges, or immunities, the

Attorney General, for or in the name of the United States, may

institute a civil action in any appropriate United States district

court against such party for such equitable relief as may be

appropriate to insure the minimum corrective measures necessary to

insure the full enjoyment of such rights, privileges, or

immunities, except that such equitable relief shall be available

under this subchapter to persons residing in or confined to an

institution as defined in section 1997(1)(B)(ii) of this title only

insofar as such persons are subjected to conditions which deprive

them of rights, privileges, or immunities secured or protected by

the Constitution of the United States.

(b) Discretionary award of attorney fees

In any action commenced under this section, the court may allow

the prevailing party, other than the United States, a reasonable

attorney's fee against the United States as part of the costs.

(c) Attorney General to personally sign complaint

The Attorney General shall personally sign any complaint filed

pursuant to this section.

-SOURCE-

(Pub. L. 96-247, Sec. 3, May 23, 1980, 94 Stat. 350; Pub. L.

104-134, title I, Sec. 101[(a)] [title VIII, Sec. 803(a)], Apr. 26,

1996, 110 Stat. 1321, 1321-70; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-134 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "Any

complaint filed by the Attorney General pursuant to this section

shall be personally signed by him."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1997b, 1997e, 1997h of

this title.

-End-

-CITE-

42 USC Sec. 1997b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997b. Certification requirements; Attorney General to

personally sign certification

-STATUTE-

(a) At the time of the commencement of an action under section

1997a of this title the Attorney General shall certify to the court

-

(1) that at least 49 calendar days previously the Attorney

General has notified in writing the Governor or chief executive

officer and attorney general or chief legal officer of the

appropriate State or political subdivision and the director of

the institution of -

(A) the alleged conditions which deprive rights, privileges,

or immunities secured or protected by the Constitution or laws

of the United States and the alleged pattern or practice of

resistance to the full enjoyment of such rights, privileges, or

immunities;

(B) the supporting facts giving rise to the alleged

conditions and the alleged pattern or practice, including the

dates or time period during which the alleged conditions and

pattern or practice of resistance occurred; and when feasible,

the identity of all persons reasonably suspected of being

involved in causing the alleged conditions and pattern or

practice at the time of the certification, and the date on

which the alleged conditions and pattern or practice were first

brought to the attention of the Attorney General; and

(C) the minimum measures which the Attorney General believes

may remedy the alleged conditions and the alleged pattern or

practice of resistance;

(2) that the Attorney General has notified in writing the

Governor or chief executive officer and attorney general or chief

legal officer of the appropriate State or political subdivision

and the director of the institution of the Attorney General's

intention to commence an investigation of such institution, that

such notice was delivered at least seven days prior to the

commencement of such investigation and that between the time of

such notice and the commencement of an action under section 1997a

of this title -

(A) the Attorney General has made a reasonable good faith

effort to consult with the Governor or chief executive officer

and attorney general or chief legal officer of the appropriate

State or political subdivision and the director of the

institution, or their designees, regarding financial,

technical, or other assistance which may be available from the

United States and which the Attorney General believes may

assist in the correction of such conditions and pattern or

practice of resistance;

(B) the Attorney General has encouraged the appropriate

officials to correct the alleged conditions and pattern or

practice of resistance through informal methods of conference,

conciliation and persuasion, including, to the extent feasible,

discussion of the possible costs and fiscal impacts of

alternative minimum corrective measures, and it is the Attorney

General's opinion that reasonable efforts at voluntary

correction have not succeeded; and

(C) the Attorney General is satisfied that the appropriate

officials have had a reasonable time to take appropriate action

to correct such conditions and pattern or practice, taking into

consideration the time required to remodel or make necessary

changes in physical facilities or relocate residents,

reasonable legal or procedural requirements, the urgency of the

need to correct such conditions, and other circumstances

involved in correcting such conditions; and

(3) that the Attorney General believes that such an action by

the United States is of general public importance and will

materially further the vindication of rights, privileges, or

immunities secured or protected by the Constitution or laws of

the United States.

(b) The Attorney General shall personally sign any certification

made pursuant to this section.

-SOURCE-

(Pub. L. 96-247, Sec. 4, May 23, 1980, 94 Stat. 350; Pub. L.

97-256, title II, Sec. 201(a), Sept. 8, 1982, 96 Stat. 816; Pub. L.

104-134, title I, Sec. 101[(a)] [title VIII, Sec. 803(b)], Apr. 26,

1996, 110 Stat. 1321, 1321-71; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-134, Sec. 101[(a)] [title

VIII, Sec. 803(b)(1)(A)], substituted "the Attorney General" for

"he" in introductory provisions and in subpar. (C).

Subsec. (a)(2). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

803(b)(1)(A)], substituted "the Attorney General" for "he" wherever

appearing in introductory provisions and in subpars. (A) to (C).

Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 803(b)(1)(B)],

substituted "the Attorney General's" for "his" in introductory

provisions and in subpar. (B).

Subsec. (a)(3). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

803(b)(1)(A)], substituted "the Attorney General" for "he".

Subsec. (b). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

803(b)(2)], amended subsec. (b) generally. Prior to amendment,

subsec. (b) read as follows: "Any certification made by the

Attorney General pursuant to this section shall be personally

signed by him."

1982 - Subsec. (a). Pub. L. 97-256 substituted "section 1997a of

this title" for "section 1997 of this title" in provisions

preceding par. (1).

-End-

-CITE-

42 USC Sec. 1997c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997c. Intervention in actions

-STATUTE-

(a) Discretionary authority of Attorney General; preconditions;

time period

(1) Whenever an action has been commenced in any court of the

United States seeking relief from egregious or flagrant conditions

which deprive persons residing in institutions of any rights,

privileges, or immunities secured or protected by the Constitution

or laws of the United States causing them to suffer grievous harm

and the Attorney General has reasonable cause to believe that such

deprivation is pursuant to a pattern or practice of resistance to

the full enjoyment of such rights, privileges, or immunities, the

Attorney General, for or in the name of the United States, may

intervene in such action upon motion by the Attorney General.

(2) The Attorney General shall not file a motion to intervene

under paragraph (1) before 90 days after the commencement of the

action, except that if the court determines it would be in the

interests of justice, the court may shorten or waive the time

period.

(b) Certification requirements by Attorney General

(1) The Attorney General shall certify to the court in the motion

to intervene filed under subsection (a) of this section -

(A) that the Attorney General has notified in writing, at least

fifteen days previously, the Governor or chief executive officer,

attorney general or chief legal officer of the appropriate State

or political subdivision, and the director of the institution of

-

(i) the alleged conditions which deprive rights, privileges,

or immunities secured or protected by the Constitution or laws

of the United States and the alleged pattern or practice of

resistance to the full enjoyment of such rights, privileges, or

immunities;

(ii) the supporting facts giving rise to the alleged

conditions, including the dates and time period during which

the alleged conditions and pattern or practice of resistance

occurred; and

(iii) to the extent feasible and consistent with the

interests of other plaintiffs, the minimum measures which the

Attorney General believes may remedy the alleged conditions and

the alleged pattern or practice of resistance; and

(B) that the Attorney General believes that such intervention

by the United States is of general public importance and will

materially further the vindication of rights, privileges, or

immunities secured or protected by the Constitution or laws of

the United States.

(2) The Attorney General shall personally sign any certification

made pursuant to this section.

(c) Attorney General to personally sign motion to intervene

The Attorney General shall personally sign any motion to

intervene made pursuant to this section.

(d) Discretionary award of attorney fees; other award provisions

unaffected

In any action in which the United States joins as an intervenor

under this section, the court may allow the prevailing party, other

than the United States, a reasonable attorney's fee against the

United States as part of the costs. Nothing in this subsection

precludes the award of attorney's fees available under any other

provisions of the United States Code.

-SOURCE-

(Pub. L. 96-247, Sec. 5, May 23, 1980, 94 Stat. 351; Pub. L.

104-134, title I, Sec. 101[(a)] [title VIII, Sec. 803(c)], Apr. 26,

1996, 110 Stat. 1321, 1321-71; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1)(A). Pub. L. 104-134, Sec. 101[(a)] [title

VIII, Sec. 803(c)(1)(A)], substituted "the Attorney General" for

"he" in introductory provisions and in cl. (iii).

Subsec. (b)(1)(B). Pub. L. 104-134, Sec. 101[(a)] [title VIII,

Sec. 803(c)(1)(A)], substituted "the Attorney General" for "he".

Subsec. (b)(2). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

803(c)(1)(B)], amended par. (2) generally. Prior to amendment, par.

(2) read as follows: "Any certification made by the Attorney

General pursuant to this subsection shall be personally signed by

him."

Subsec. (c). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

803(c)(2)], amended subsec. (c) generally. Prior to amendment,

subsec. (c) read as follows: "Any motion to intervene made by the

Attorney General pursuant to this section shall be personally

signed by him."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1997e, 1997h of this

title.

-End-

-CITE-

42 USC Sec. 1997d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997d. Prohibition of retaliation

-STATUTE-

No person reporting conditions which may constitute a violation

under this subchapter shall be subjected to retaliation in any

manner for so reporting.

-SOURCE-

(Pub. L. 96-247, Sec. 6, May 23, 1980, 94 Stat. 352.)

-End-

-CITE-

42 USC Sec. 1997e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997e. Suits by prisoners

-STATUTE-

(a) Applicability of administrative remedies

No action shall be brought with respect to prison conditions

under section 1983 of this title, or any other Federal law, by a

prisoner confined in any jail, prison, or other correctional

facility until such administrative remedies as are available are

exhausted.

(b) Failure of State to adopt or adhere to administrative grievance

procedure

The failure of a State to adopt or adhere to an administrative

grievance procedure shall not constitute the basis for an action

under section 1997a or 1997c of this title.

(c) Dismissal

(1) The court shall on its own motion or on the motion of a party

dismiss any action brought with respect to prison conditions under

section 1983 of this title, or any other Federal law, by a prisoner

confined in any jail, prison, or other correctional facility if the

court is satisfied that the action is frivolous, malicious, fails

to state a claim upon which relief can be granted, or seeks

monetary relief from a defendant who is immune from such relief.

(2) In the event that a claim is, on its face, frivolous,

malicious, fails to state a claim upon which relief can be granted,

or seeks monetary relief from a defendant who is immune from such

relief, the court may dismiss the underlying claim without first

requiring the exhaustion of administrative remedies.

(d) Attorney's fees

(1) In any action brought by a prisoner who is confined to any

jail, prison, or other correctional facility, in which attorney's

fees are authorized under section 1988 (!1) of this title, such

fees shall not be awarded, except to the extent that -

(A) the fee was directly and reasonably incurred in proving an

actual violation of the plaintiff's rights protected by a statute

pursuant to which a fee may be awarded under section 1988 (!1) of

this title; and

(B)(i) the amount of the fee is proportionately related to the

court ordered relief for the violation; or

(ii) the fee was directly and reasonably incurred in enforcing

the relief ordered for the violation.

(2) Whenever a monetary judgment is awarded in an action

described in paragraph (1), a portion of the judgment (not to

exceed 25 percent) shall be applied to satisfy the amount of

attorney's fees awarded against the defendant. If the award of

attorney's fees is not greater than 150 percent of the judgment,

the excess shall be paid by the defendant.

(3) No award of attorney's fees in an action described in

paragraph (1) shall be based on an hourly rate greater than 150

percent of the hourly rate established under section 3006A of title

18 for payment of court-appointed counsel.

(4) Nothing in this subsection shall prohibit a prisoner from

entering into an agreement to pay an attorney's fee in an amount

greater than the amount authorized under this subsection, if the

fee is paid by the individual rather than by the defendant pursuant

to section 1988 (!1) of this title.

(e) Limitation on recovery

No Federal civil action may be brought by a prisoner confined in

a jail, prison, or other correctional facility, for mental or

emotional injury suffered while in custody without a prior showing

of physical injury.

(f) Hearings

(1) To the extent practicable, in any action brought with respect

to prison conditions in Federal court pursuant to section 1983 of

this title, or any other Federal law, by a prisoner confined in any

jail, prison, or other correctional facility, pretrial proceedings

in which the prisoner's participation is required or permitted

shall be conducted by telephone, video conference, or other

telecommunications technology without removing the prisoner from

the facility in which the prisoner is confined.

(2) Subject to the agreement of the official of the Federal,

State, or local unit of government with custody over the prisoner,

hearings may be conducted at the facility in which the prisoner is

confined. To the extent practicable, the court shall allow counsel

to participate by telephone, video conference, or other

communications technology in any hearing held at the facility.

(g) Waiver of reply

(1) Any defendant may waive the right to reply to any action

brought by a prisoner confined in any jail, prison, or other

correctional facility under section 1983 of this title or any other

Federal law. Notwithstanding any other law or rule of procedure,

such waiver shall not constitute an admission of the allegations

contained in the complaint. No relief shall be granted to the

plaintiff unless a reply has been filed.

(2) The court may require any defendant to reply to a complaint

brought under this section if it finds that the plaintiff has a

reasonable opportunity to prevail on the merits.

(h) "Prisoner" defined

As used in this section, the term "prisoner" means any person

incarcerated or detained in any facility who is accused of,

convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program.

-SOURCE-

(Pub. L. 96-247, Sec. 7, May 23, 1980, 94 Stat. 352; Pub. L.

103-322, title II, Sec. 20416(a), Sept. 13, 1994, 108 Stat. 1833;

Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Sec. 803(d)],

Apr. 26, 1996, 110 Stat. 1321, 1321-71; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-REFTEXT-

REFERENCES IN TEXT

Section 1988 of this title, referred to in subsec. (d)(1), (4),

was in the original a reference to section 2 of the Revised

Statutes of the United States (42 U.S.C. 1988), and has been

translated as reading section 722 of the Revised Statutes of the

United States to reflect the probable intent of Congress. Section 2

of the Revised Statutes, which defined the term "county", was

repealed and reenacted as section 2 of Title 1, General Provisions,

by act July 30, 1947, ch. 388, 61 Stat. 633, 640.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-134 amended section generally, substituting

provisions relating to suits by prisoners, consisting of subsecs.

(a) to (h), for former provisions relating to exhaustion of

remedies, consisting of subsecs. (a) to (d).

1994 - Subsec. (a). Pub. L. 103-322, Sec. 20416(a)(1),

substituted "exceed 180 days" for "exceed ninety days" in par. (1)

and inserted before period at end of par. (2) "or are otherwise

fair and effective".

Subsec. (c). Pub. L. 103-322, Sec. 20416(a)(2), inserted "or are

otherwise fair and effective" before period at end of par. (1) and

"or is no longer fair and effective" before period at end of par.

(2).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 20416(b) of Pub. L. 103-322 provided that: "The

amendments made by subsection (a) [amending this section] shall

take effect on the date of enactment of this Act [Sept. 13, 1994]."

NONDISCLOSURE OF INFORMATION IN ACTIONS BROUGHT BY PRISONERS

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 127], Oct.

21, 1998, 112 Stat. 2681-50, 2681-74, provided that:

"Notwithstanding any other provision of law, in any action brought

by a prisoner under section 1979 of the Revised Statutes (42 U.S.C.

1983) against a Federal, State, or local jail, prison, or

correctional facility, or any employee or former employee thereof,

arising out of the incarceration of that prisoner -

"(1) the financial records of a person employed or formerly

employed by the Federal, State, or local jail, prison, or

correctional facility, shall not be subject to disclosure without

the written consent of that person or pursuant to a court order,

unless a verdict of liability has been entered against that

person; and

"(2) the home address, home phone number, social security

number, identity of family members, personal tax returns, and

personal banking information of a person described in paragraph

(1), and any other records or information of a similar nature

relating to that person, shall not be subject to disclosure

without the written consent of that person, or pursuant to a

court order."

[Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 127], set

out above, applicable to fiscal year 2000 and thereafter, see Pub.

L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 109], set out as

an Applicability of Provisions Relating to Use of Counterterrorism

Appropriations and Nondisclosure of Information in Actions Brought

by Prisoners note under section 524 of Title 28, Judiciary and

Judicial Procedure.]

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1997f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997f. Report to Congress

-STATUTE-

The Attorney General shall include in the report to Congress on

the business of the Department of Justice prepared pursuant to

section 522 of title 28 -

(1) a statement of the number, variety, and outcome of all

actions instituted pursuant to this subchapter including the

history of, precise reasons for, and procedures followed in

initiation or intervention in each case in which action was

commenced;

(2) a detailed explanation of the procedures by which the

Department has received, reviewed and evaluated petitions or

complaints regarding conditions in institutions;

(3) an analysis of the impact of actions instituted pursuant to

this subchapter, including, when feasible, an estimate of the

costs incurred by States and other political subdivisions;

(4) a statement of the financial, technical, or other

assistance which has been made available from the United States

to the State in order to assist in the correction of the

conditions which are alleged to have deprived a person of rights,

privileges, or immunities secured or protected by the

Constitution or laws of the United States; and

(5) the progress made in each Federal institution toward

meeting existing promulgated standards for such institutions or

constitutionally guaranteed minima.

-SOURCE-

(Pub. L. 96-247, Sec. 8, May 23, 1980, 94 Stat. 353; Pub. L.

97-256, title II, Sec. 201(b), Sept. 8, 1982, 96 Stat. 817; Pub. L.

104-134, title I, Sec. 101[(a)] [title VIII, Sec. 803(e)], Apr. 26,

1996, 110 Stat. 1321, 1321-73; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-134 substituted "the report" for "his report"

in introductory provisions .

1982 - Pub. L. 97-256 substituted "Attorney General" for

"Attorney".

-End-

-CITE-

42 USC Sec. 1997g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997g. Priorities for use of funds

-STATUTE-

It is the intent of Congress that deplorable conditions in

institutions covered by this subchapter amounting to deprivations

of rights protected by the Constitution or laws of the United

States be corrected, not only by litigation as contemplated in this

subchapter, but also by the voluntary good faith efforts of

agencies of Federal, State, and local governments. It is the

further intention of Congress that where Federal funds are

available for use in improving such institutions, priority should

be given to the correction or elimination of such unconstitutional

or illegal conditions which may exist. It is not the intent of this

provision to require the redirection of funds from one program to

another or from one State to another.

-SOURCE-

(Pub. L. 96-247, Sec. 9, May 23, 1980, 94 Stat. 354.)

-End-

-CITE-

42 USC Sec. 1997h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997h. Notice to Federal departments

-STATUTE-

At the time of notification of the commencement of an

investigation of an institution under section 1997a of this title

or of the notification of an intention to file a motion to

intervene under section 1997c of this title, and if the relevant

institution receives Federal financial assistance from the

Department of Health and Human Services or the Department of

Education, the Attorney General shall notify the appropriate

Secretary of the action and the reasons for such action and shall

consult with such officials. Following such consultation, the

Attorney General may proceed with an action under this subchapter

if the Attorney General is satisfied that such action is consistent

with the policies and goals of the executive branch.

-SOURCE-

(Pub. L. 96-247, Sec. 10, May 23, 1980, 94 Stat. 354; Pub. L.

104-134, title I, Sec. 101[(a)] [title VIII, Sec. 803(f)], Apr. 26,

1996, 110 Stat. 1321, 1321-73; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-134 substituted "the action" for "his action"

and "the Attorney General is satisfied" for "he is satisfied".

-End-

-CITE-

42 USC Sec. 1997i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997i. Disclaimer respecting standards of care

-STATUTE-

Provisions of this subchapter shall not authorize promulgation of

regulations defining standards of care.

-SOURCE-

(Pub. L. 96-247, Sec. 11, May 23, 1980, 94 Stat. 354.)

-End-

-CITE-

42 USC Sec. 1997j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I09A - INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 1997j. Disclaimer respecting private litigation

-STATUTE-

The provisions of this subchapter shall in no way expand or

restrict the authority of parties other than the United States to

enforce the legal rights which they may have pursuant to existing

law with regard to institutionalized persons. In this regard, the

fact that the Attorney General may be conducting an investigation

or contemplating litigation pursuant to this subchapter shall not

be grounds for delay of or prejudice to any litigation on behalf of

parties other than the United States.

-SOURCE-

(Pub. L. 96-247, Sec. 12, May 23, 1980, 94 Stat. 354.)

-End-

-CITE-

42 USC SUBCHAPTER II - PUBLIC ACCOMMODATIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2000h, 12187 of this

title.

-End-

-CITE-

42 USC Sec. 2000a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

Sec. 2000a. Prohibition against discrimination or segregation in

places of public accommodation

-STATUTE-

(a) Equal access

All persons shall be entitled to the full and equal enjoyment of

the goods, services, facilities, privileges, advantages, and

accommodations of any place of public accommodation, as defined in

this section, without discrimination or segregation on the ground

of race, color, religion, or national origin.

(b) Establishments affecting interstate commerce or supported in

their activities by State action as places of public

accommodation; lodgings; facilities principally engaged in

selling food for consumption on the premises; gasoline stations;

places of exhibition or entertainment; other covered

establishments

Each of the following establishments which serves the public is a

place of public accommodation within the meaning of this subchapter

if its operations affect commerce, or if discrimination or

segregation by it is supported by State action:

(1) any inn, hotel, motel, or other establishment which

provides lodging to transient guests, other than an establishment

located within a building which contains not more than five rooms

for rent or hire and which is actually occupied by the proprietor

of such establishment as his residence;

(2) any restaurant, cafeteria, lunchroom, lunch counter, soda

fountain, or other facility principally engaged in selling food

for consumption on the premises, including, but not limited to,

any such facility located on the premises of any retail

establishment; or any gasoline station;

(3) any motion picture house, theater, concert hall, sports

arena, stadium or other place of exhibition or entertainment; and

(4) any establishment (A)(i) which is physically located within

the premises of any establishment otherwise covered by this

subsection, or (ii) within the premises of which is physically

located any such covered establishment, and (B) which holds

itself out as serving patrons of such covered establishment.

(c) Operations affecting commerce; criteria; "commerce" defined

The operations of an establishment affect commerce within the

meaning of this subchapter if (1) it is one of the establishments

described in paragraph (1) of subsection (b) of this section; (2)

in the case of an establishment described in paragraph (2) of

subsection (b) of this section, it serves or offers to serve

interstate travelers of a substantial portion of the food which it

serves, or gasoline or other products which it sells, has moved in

commerce; (3) in the case of an establishment described in

paragraph (3) of subsection (b) of this section, it customarily

presents films, performances, athletic teams, exhibitions, or other

sources of entertainment which move in commerce; and (4) in the

case of an establishment described in paragraph (4) of subsection

(b) of this section, it is physically located within the premises

of, or there is physically located within its premises, an

establishment the operations of which affect commerce within the

meaning of this subsection. For purposes of this section,

"commerce" means travel, trade, traffic, commerce, transportation,

or communication among the several States, or between the District

of Columbia and any State, or between any foreign country or any

territory or possession and any State or the District of Columbia,

or between points in the same State but through any other State or

the District of Columbia or a foreign country.

(d) Support by State action

Discrimination or segregation by an establishment is supported by

State action within the meaning of this subchapter if such

discrimination or segregation (1) is carried on under color of any

law, statute, ordinance, or regulation; or (2) is carried on under

color of any custom or usage required or enforced by officials of

the State or political subdivision thereof; or (3) is required by

action of the State or political subdivision thereof.

(e) Private establishments

The provisions of this subchapter shall not apply to a private

club or other establishment not in fact open to the public, except

to the extent that the facilities of such establishment are made

available to the customers or patrons of an establishment within

the scope of subsection (b) of this section.

-SOURCE-

(Pub. L. 88-352, title II, Sec. 201, July 2, 1964, 78 Stat. 243.)

-MISC1-

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-411, Sec. 1, Oct. 14, 1992, 106 Stat. 2102, provided

that: "This Act [amending section 2000e-4 of this title] may be

cited as the 'EEOC Education, Technical Assistance, and Training

Revolving Fund Act of 1992'."

SHORT TITLE OF 1972 AMENDMENT

Pub. L. 92-261, Sec. 1, Mar. 24, 1972, 86 Stat. 103, provided:

"That this Act [enacting sections 2000e-16 and 2000e-17 of this

title, amending sections 5108 and 5314 to 5316 of Title 5,

Government Organization and Employees, and sections 2000e to

2000e-6, 2000e-8, 2000e-9, 2000e-13, and 2000e-14 of this title,

and enacting provisions set out as a note under section 2000e-5 of

this title] may be cited as the 'Equal Employment Opportunity Act

of 1972'."

SHORT TITLE

Section 1 of Pub. L. 88-352 provided: "That this Act [enacting

subchapters II to IX of this chapter, amending sections 2204 and

2205 of former Title 5, Executive Departments and Government

Officers and Employees, section 1447(d) of Title 28, Judiciary and

Judicial Procedure, and sections 1971 and 1975a to 1975d of this

title, and enacting provisions set out as a note under section

2000e of this title] may be cited as the 'Civil Rights Act of

1964'."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Civil Rights Act of 1964 [subchapters II to IX of this

chapter] is referred to in sections 1490m, 5304, 5306, 5307, 5318a,

6727, 11111 of this title; title 31 section 6711; title 43 section

1626.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000a-2 of this title.

-End-

-CITE-

42 USC Sec. 2000a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

Sec. 2000a-1. Prohibition against discrimination or segregation

required by any law, statute, ordinance, regulation, rule or

order of a State or State agency

-STATUTE-

All persons shall be entitled to be free, at any establishment or

place, from discrimination or segregation of any kind on the ground

of race, color, religion, or national origin, if such

discrimination or segregation is or purports to be required by any

law, statute, ordinance, regulation, rule, or order of a State or

any agency or political subdivision thereof.

-SOURCE-

(Pub. L. 88-352, title II, Sec. 202, July 2, 1964, 78 Stat. 244.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000a-2 of this title.

-End-

-CITE-

42 USC Sec. 2000a-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

Sec. 2000a-2. Prohibition against deprivation of, interference

with, and punishment for exercising rights and privileges secured

by section 2000a or 2000a-1 of this title

-STATUTE-

No person shall (a) withhold, deny, or attempt to withhold or

deny, or deprive or attempt to deprive any person of any right or

privilege secured by section 2000a or 2000a-1 of this title, or (b)

intimidate, threaten, or coerce, or attempt to intimidate,

threaten, or coerce any person with the purpose of interfering with

any right or privilege secured by section 2000a or 2000a-1 of this

title, or (c) punish or attempt to punish any person for exercising

or attempting to exercise any right or privilege secured by section

2000a or 2000a-1 of this title.

-SOURCE-

(Pub. L. 88-352, title II, Sec. 203, July 2, 1964, 78 Stat. 244.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000a-3 of this title.

-End-

-CITE-

42 USC Sec. 2000a-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

Sec. 2000a-3. Civil actions for injunctive relief

-STATUTE-

(a) Persons aggrieved; intervention by Attorney General; legal

representation; commencement of action without payment of fees,

costs, or security

Whenever any person has engaged or there are reasonable grounds

to believe that any person is about to engage in any act or

practice prohibited by section 2000a-2 of this title, a civil

action for preventive relief, including an application for a

permanent or temporary injunction, restraining order, or other

order, may be instituted by the person aggrieved and, upon timely

application, the court may, in its discretion, permit the Attorney

General to intervene in such civil action if he certifies that the

case is of general public importance. Upon application by the

complainant and in such circumstances as the court may deem just,

the court may appoint an attorney for such complainant and may

authorize the commencement of the civil action without the payment

of fees, costs, or security.

(b) Attorney's fees; liability of United States for costs

In any action commenced pursuant to this subchapter, the court,

in its discretion, may allow the prevailing party, other than the

United States, a reasonable attorney's fee as part of the costs,

and the United States shall be liable for costs the same as a

private person.

(c) State or local enforcement proceedings; notification of State

or local authority; stay of Federal proceedings

In the case of an alleged act or practice prohibited by this

subchapter which occurs in a State, or political subdivision of a

State, which has a State or local law prohibiting such act or

practice and establishing or authorizing a State or local authority

to grant or seek relief from such practice or to institute criminal

proceedings with respect thereto upon receiving notice thereof, no

civil action may be brought under subsection (a) of this section

before the expiration of thirty days after written notice of such

alleged act or practice has been given to the appropriate State or

local authority by registered mail or in person, provided that the

court may stay proceedings in such civil action pending the

termination of State or local enforcement proceedings.

(d) References to Community Relations Service to obtain voluntary

compliance; duration of reference; extension of period

In the case of an alleged act or practice prohibited by this

subchapter which occurs in a State, or political subdivision of a

State, which has no State or local law prohibiting such act or

practice, a civil action may be brought under subsection (a) of

this section: Provided, That the court may refer the matter to the

Community Relations Service established by subchapter VIII of this

chapter for as long as the court believes there is a reasonable

possibility of obtaining voluntary compliance, but for not more

than sixty days: Provided further, That upon expiration of such

sixty-day period, the court may extend such period for an

additional period, not to exceed a cumulative total of one hundred

and twenty days, if it believes there then exists a reasonable

possibility of securing voluntary compliance.

-SOURCE-

(Pub. L. 88-352, title II, Sec. 204, July 2, 1964, 78 Stat. 244.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000a-4, 12188 of this

title.

-End-

-CITE-

42 USC Sec. 2000a-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

Sec. 2000a-4. Community Relations Service; investigations and

hearings; executive session; release of testimony; duty to bring

about voluntary settlements

-STATUTE-

The Service is authorized to make a full investigation of any

complaint referred to it by the court under section 2000a-3(d) of

this title and may hold such hearings with respect thereto as may

be necessary. The Service shall conduct any hearings with respect

to any such complaint in executive session, and shall not release

any testimony given therein except by agreement of all parties

involved in the complaint with the permission of the court, and the

Service shall endeavor to bring about a voluntary settlement

between the parties.

-SOURCE-

(Pub. L. 88-352, title II, Sec. 205, July 2, 1964, 78 Stat. 244.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000g-3 of this title.

-End-

-CITE-

42 USC Sec. 2000a-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

Sec. 2000a-5. Civil actions by the Attorney General

-STATUTE-

(a) Complaint

Whenever the Attorney General has reasonable cause to believe

that any person or group of persons is engaged in a pattern or

practice of resistance to the full enjoyment of any of the rights

secured by this subchapter, and that the pattern or practice is of

such a nature and is intended to deny the full exercise of the

rights herein described, the Attorney General may bring a civil

action in the appropriate district court of the United States by

filing with it a complaint (1) signed by him (or in his absence the

Acting Attorney General), (2) setting forth facts pertaining to

such pattern or practice, and (3) requesting such preventive

relief, including an application for a permanent or temporary

injunction, restraining order or other order against the person or

persons responsible for such pattern or practice, as he deems

necessary to insure the full enjoyment of the rights herein

described.

(b) Three-judge district court for cases of general public

importance: hearing, determination, expedition of action, review

by Supreme Court; single judge district court: hearing,

determination, expedition of action

In any such proceeding the Attorney General may file with the

clerk of such court a request that a court of three judges be

convened to hear and determine the case. Such request by the

Attorney General shall be accompanied by a certificate that, in his

opinion, the case is of general public importance. A copy of the

certificate and request for a three-judge court shall be

immediately furnished by such clerk to the chief judge of the

circuit (or in his absence, the presiding circuit judge of the

circuit) in which the case is pending. Upon receipt of the copy of

such request it shall be the duty of the chief judge of the circuit

or the presiding circuit judge, as the case may be, to designate

immediately three judges in such circuit, of whom at least one

shall be a circuit judge and another of whom shall be a district

judge of the court in which the proceeding was instituted, to hear

and determine such case, and it shall be the duty of the judges so

designated to assign the case for hearing at the earliest

practicable date, to participate in the hearing and determination

thereof, and to cause the case to be in every way expedited. An

appeal from the final judgment of such court will lie to the

Supreme Court.

In the event the Attorney General fails to file such a request in

any such proceeding, it shall be the duty of the chief judge of the

district (or in his absence, the acting chief judge) in which the

case is pending immediately to designate a judge in such district

to hear and determine the case. In the event that no judge in the

district is available to hear and determine the case, the chief

judge of the district, or the acting chief judge, as the case may

be, shall certify this fact to the chief judge of the circuit (or

in his absence, the acting chief judge) who shall then designate a

district or circuit judge of the circuit to hear and determine the

case.

It shall be the duty of the judge designated pursuant to this

section to assign the case for hearing at the earliest practicable

date and to cause the case to be in every way expedited.

-SOURCE-

(Pub. L. 88-352, title II, Sec. 206, July 2, 1964, 78 Stat. 245.)

-End-

-CITE-

42 USC Sec. 2000a-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-

Sec. 2000a-6. Jurisdiction; exhaustion of other remedies;

exclusiveness of remedies; assertion of rights based on other

Federal or State laws and pursuit of remedies for enforcement of

such rights

-STATUTE-

(a) The district courts of the United States shall have

jurisdiction of proceedings instituted pursuant to this subchapter

and shall exercise the same without regard to whether the aggrieved

party shall have exhausted any administrative or other remedies

that may be provided by law.

(b) The remedies provided in this subchapter shall be the

exclusive means of enforcing the rights based on this subchapter,

but nothing in this subchapter shall preclude any individual or any

State or local agency from asserting any right based on any other

Federal or State law not inconsistent with this subchapter,

including any statute or ordinance requiring nondiscrimination in

public establishments or accommodations, or from pursuing any

remedy, civil or criminal, which may be available for the

vindication or enforcement of such right.

-SOURCE-

(Pub. L. 88-352, title II, Sec. 207, July 2, 1964, 78 Stat. 245.)

-End-

-CITE-

42 USC SUBCHAPTER III - PUBLIC FACILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER III - PUBLIC FACILITIES

-HEAD-

SUBCHAPTER III - PUBLIC FACILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2000h of this title.

-End-

-CITE-

42 USC Sec. 2000b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER III - PUBLIC FACILITIES

-HEAD-

Sec. 2000b. Civil actions by the Attorney General

-STATUTE-

(a) Complaint; certification; institution of civil action; relief

requested; jurisdiction; impleading additional parties as

defendants

Whenever the Attorney General receives a complaint in writing

signed by an individual to the effect that he is being deprived of

or threatened with the loss of his right to the equal protection of

the laws, on account of his race, color, religion, or national

origin, by being denied equal utilization of any public facility

which is owned, operated, or managed by or on behalf of any State

or subdivision thereof, other than a public school or public

college as defined in section 2000c of this title, and the Attorney

General believes the complaint is meritorious and certifies that

the signer or signers of such complaint are unable, in his

judgment, to initiate and maintain appropriate legal proceedings

for relief and that the institution of an action will materially

further the orderly progress of desegregation in public facilities,

the Attorney General is authorized to institute for or in the name

of the United States a civil action in any appropriate district

court of the United States against such parties and for such relief

as may be appropriate, and such court shall have and shall exercise

jurisdiction of proceedings instituted pursuant to this section.

The Attorney General may implead as defendants such additional

parties as are or become necessary to the grant of effective relief

hereunder.

(b) Persons unable to initiate and maintain legal proceedings

The Attorney General may deem a person or persons unable to

initiate and maintain appropriate legal proceedings within the

meaning of subsection (a) of this section when such person or

persons are unable, either directly or through other interested

persons or organizations, to bear the expense of the litigation or

to obtain effective legal representation; or whenever he is

satisfied that the institution of such litigation would jeopardize

the personal safety, employment, or economic standing of such

person or persons, their families, or their property.

-SOURCE-

(Pub. L. 88-352, title III, Sec. 301, July 2, 1964, 78 Stat. 246.)

-End-

-CITE-

42 USC Sec. 2000b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER III - PUBLIC FACILITIES

-HEAD-

Sec. 2000b-1. Liability of United States for costs and attorney's

fee

-STATUTE-

In any action or proceeding under this subchapter the United

States shall be liable for costs, including a reasonable attorney's

fee, the same as a private person.

-SOURCE-

(Pub. L. 88-352, title III, Sec. 302, July 2, 1964, 78 Stat. 246.)

-End-

-CITE-

42 USC Sec. 2000b-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER III - PUBLIC FACILITIES

-HEAD-

Sec. 2000b-2. Personal suits for relief against discrimination in

public facilities

-STATUTE-

Nothing in this subchapter shall affect adversely the right of

any person to sue for or obtain relief in any court against

discrimination in any facility covered by this subchapter.

-SOURCE-

(Pub. L. 88-352, title III, Sec. 303, July 2, 1964, 78 Stat. 246.)

-End-

-CITE-

42 USC Sec. 2000b-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER III - PUBLIC FACILITIES

-HEAD-

Sec. 2000b-3. "Complaint" defined

-STATUTE-

A complaint as used in this subchapter is a writing or document

within the meaning of section 1001, title 18.

-SOURCE-

(Pub. L. 88-352, title III, Sec. 304, July 2, 1964, 78 Stat. 246.)

-End-

-CITE-

42 USC SUBCHAPTER IV - PUBLIC EDUCATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

SUBCHAPTER IV - PUBLIC EDUCATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2000h of this title;

title 20 sections 1656, 1754, 3489.

-End-

-CITE-

42 USC Sec. 2000c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c. Definitions

-STATUTE-

As used in this subchapter -

(a) "Secretary" means the Secretary of Education.

(b) "Desegregation" means the assignment of students to public

schools and within such schools without regard to their race,

color, religion, sex or national origin, but "desegregation"

shall not mean the assignment of students to public schools in

order to overcome racial imbalance.

(c) "Public school" means any elementary or secondary

educational institution, and "public college" means any

institution of higher education or any technical or vocational

school above the secondary school level, provided that such

public school or public college is operated by a State,

subdivision of a State, or governmental agency within a State, or

operated wholly or predominantly from or through the use of

governmental funds or property, or funds or property derived from

a governmental source.

(d) "School board" means any agency or agencies which

administer a system of one or more public schools and any other

agency which is responsible for the assignment of students to or

within such system.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 401, July 2, 1964, 78 Stat. 246;

Pub. L. 92-318, title IX, Sec. 906(a), June 23, 1972, 86 Stat. 375;

Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct.

17, 1979, 93 Stat. 677, 692.)

-MISC1-

AMENDMENTS

1972 - Subsec. (b). Pub. L. 92-318 inserted "sex" after

"religion,".

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary means the Secretary of Education" substituted for

"Commissioner means the Commissioner of Education" in subsec. (a)

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000b of this title; title

20 section 1720.

-End-

-CITE-

42 USC Sec. 2000c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-1. Omitted

-COD-

CODIFICATION

Section, Pub. L. 88-352, title IV, Sec. 402, July 2, 1964, 78

Stat. 247, authorized the Commissioner to conduct a survey and make

a report to the President and the Congress within two years of

July, 1964 concerning the availability of educational opportunities

for minority group members.

-End-

-CITE-

42 USC Sec. 2000c-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-2. Technical assistance in preparation, adoption, and

implementation of plans for desegregation of public schools

-STATUTE-

The Secretary is authorized, upon the application of any school

board, State, municipality, school district, or other governmental

unit legally responsible for operating a public school or schools,

to render technical assistance to such applicant in the

preparation, adoption, and implementation of plans for the

desegregation of public schools. Such technical assistance may,

among other activities, include making available to such agencies

information regarding effective methods of coping with special

educational problems occasioned by desegregation, and making

available to such agencies personnel of the Department of Education

or other persons specially equipped to advise and assist them in

coping with such problems.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 403, July 2, 1964, 78 Stat. 247;

Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title V, Sec.

507, Oct. 17, 1979, 93 Stat. 677, 678, 692.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, and "Department

of Education" substituted in text for "Commissioner" and "Office of

Education", respectively, pursuant to sections 301(a)(1), (b)(2)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which

transferred all functions of Commissioner of Education to Secretary

of Education and transferred Office of Education to the Department

of Education.

-End-

-CITE-

42 USC Sec. 2000c-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-3. Training institutes; stipends; travel allowances

-STATUTE-

The Secretary is authorized to arrange, through grants or

contracts, with institutions of higher education for the operation

of short-term or regular session institutes for special training

designed to improve the ability of teachers, supervisors,

counselors, and other elementary or secondary school personnel to

deal effectively with special educational problems occasioned by

desegregation. Individuals who attend such an institute on a

full-time basis may be paid stipends for the period of their

attendance at such institute in amounts specified by the Secretary

in regulations, including allowances for travel to attend such

institute.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 404, July 2, 1964, 78 Stat. 247;

Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct.

17, 1979, 93 Stat. 677, 692.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, substituted in

text for "Commissioner" 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 to Secretary of Education.

-End-

-CITE-

42 USC Sec. 2000c-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-4. Grants for inservice training in dealing with and for

employment of specialists to advise in problems incident to

desegregation; factors for consideration in making grants and

fixing amounts, terms, and conditions

-STATUTE-

(a) The Secretary is authorized, upon application of a school

board, to make grants to such board to pay, in whole or in part,

the cost of -

(1) giving to teachers and other school personnel inservice

training in dealing with problems incident to desegregation, and

(2) employing specialists to advise in problems incident to

desegregation.

(b) In determining whether to make a grant, and in fixing the

amount thereof and the terms and conditions on which it will be

made, the Secretary shall take into consideration the amount

available for grants under this section and the other applications

which are pending before him; the financial condition of the

applicant and the other resources available to it; the nature,

extent, and gravity of its problems incident to desegregation; and

such other factors as he finds relevant.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 405, July 2, 1964, 78 Stat. 247;

Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct.

17, 1979, 93 Stat. 677, 692.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, substituted in

text for "Commissioner" 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 to Secretary of Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 1231e.

-End-

-CITE-

42 USC Sec. 2000c-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-5. Payments; adjustments; advances or reimbursement;

installments

-STATUTE-

Payments pursuant to a grant or contract under this subchapter

may be made (after necessary adjustments on account of previously

made overpayments or underpayments) in advance or by way of

reimbursement, and in such installments, as the Secretary may

determine.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 406, July 2, 1964, 78 Stat. 248;

Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct.

17, 1979, 93 Stat. 677, 692.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, substituted in

text for "Commissioner" 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 to Secretary of Education.

-End-

-CITE-

42 USC Sec. 2000c-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-6. Civil actions by the Attorney General

-STATUTE-

(a) Complaint; certification; notice to school board or college

authority; institution of civil action; relief requested;

jurisdiction; transportation of pupils to achieve racial balance;

judicial power to insure compliance with constitutional

standards; impleading additional parties as defendants

Whenever the Attorney General receives a complaint in writing -

(1) signed by a parent or group of parents to the effect that

his or their minor children, as members of a class of persons

similarly situated, are being deprived by a school board of the

equal protection of the laws, or

(2) signed by an individual, or his parent, to the effect that

he has been denied admission to or not permitted to continue in

attendance at a public college by reason of race, color,

religion, sex or national origin,

and the Attorney General believes the complaint is meritorious and

certifies that the signer or signers of such complaint are unable,

in his judgment, to initiate and maintain appropriate legal

proceedings for relief and that the institution of an action will

materially further the orderly achievement of desegregation in

public education, the Attorney General is authorized, after giving

notice of such complaint to the appropriate school board or college

authority and after certifying that he is satisfied that such board

or authority has had a reasonable time to adjust the conditions

alleged in such complaint, to institute for or in the name of the

United States a civil action in any appropriate district court of

the United States against such parties and for such relief as may

be appropriate, and such court shall have and shall exercise

jurisdiction of proceedings instituted pursuant to this section,

provided that nothing herein shall empower any official or court of

the United States to issue any order seeking to achieve a racial

balance in any school by requiring the transportation of pupils or

students from one school to another or one school district to

another in order to achieve such racial balance, or otherwise

enlarge the existing power of the court to insure compliance with

constitutional standards. The Attorney General may implead as

defendants such additional parties as are or become necessary to

the grant of effective relief hereunder.

(b) Persons unable to initiate and maintain legal proceedings

The Attorney General may deem a person or persons unable to

initiate and maintain appropriate legal proceedings within the

meaning of subsection (a) of this section when such person or

persons are unable, either directly or through other interested

persons or organizations, to bear the expense of the litigation or

to obtain effective legal representation; or whenever he is

satisfied that the institution of such litigation would jeopardize

the personal safety, employment, or economic standing of such

person or persons, their families, or their property.

(c) "Parent" and "complaint" defined

The term "parent" as used in this section includes any person

standing in loco parentis. A "complaint" as used in this section is

a writing or document within the meaning of section 1001, title 18.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 407, July 2, 1964, 78 Stat. 248;

Pub. L. 92-318, title IX, Sec. 906(a), June 23, 1972, 86 Stat.

375.)

-MISC1-

AMENDMENTS

1972 - Subsec. (a)(2). Pub. L. 92-318 inserted "sex" after

"religion,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 sections 1656, 1754.

-End-

-CITE-

42 USC Sec. 2000c-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-7. Liability of United States for costs

-STATUTE-

In any action or proceeding under this subchapter the United

States shall be liable for costs the same as a private person.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 408, July 2, 1964, 78 Stat. 249.)

-End-

-CITE-

42 USC Sec. 2000c-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-8. Personal suits for relief against discrimination in

public education

-STATUTE-

Nothing in this subchapter shall affect adversely the right of

any person to sue for or obtain relief in any court against

discrimination in public education.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 409, July 2, 1964, 78 Stat. 249.)

-End-

-CITE-

42 USC Sec. 2000c-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-

Sec. 2000c-9. Classification and assignment

-STATUTE-

Nothing in this subchapter shall prohibit classification and

assignment for reasons other than race, color, religion, sex or

national origin.

-SOURCE-

(Pub. L. 88-352, title IV, Sec. 410, July 2, 1964, 78 Stat. 249;

Pub. L. 92-318, title IX, Sec. 906(a), June 23, 1972, 86 Stat.

375.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-318 inserted "sex" after "religion,".

-End-

-CITE-

42 USC SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 290cc-33, 300w-7,

300x-57, 608, 708, 1437c-1, 1437d, 1437aaa-1, 1437aaa-2, 1760,

1988, 1996b, 2000d-6, 2000d-7, 2000h, 3608, 3608a, 4621, 5057,

5309, 5891, 6709, 6870, 8013, 8625, 9918, 10406, 11386, 11394,

12635, 12754, 12872, 12873, 12892, 12893, 12899b, 12899c of this

title; title 12 sections 1701q, 1715z-13b; title 15 sections 719o,

775, 3151; title 20 sections 1221, 1231e, 1232i, 1717, 6914, 7221i,

7231c; title 23 sections 108, 182, 324; title 25 sections 4131,

4223; title 29 sections 794a, 2618, 2938; title 40 section 122;

title 43 section 1863; title 49 sections 306, 5332, 47123, 70304.

-End-

-CITE-

42 USC Sec. 2000d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

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

-STATUTE-

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.

-SOURCE-

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

-MISC1-

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.

-EXEC-

EX. ORD. NO. 13160. NONDISCRIMINATION ON THE BASIS OF RACE, SEX,

COLOR, NATIONAL ORIGIN, DISABILITY, RELIGION, AGE, SEXUAL

ORIENTATION, AND STATUS AS A PARENT IN FEDERALLY CONDUCTED

EDUCATION AND TRAINING PROGRAMS

Ex. Ord. No. 13160, June 23, 2000, 65 F.R. 39775, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

921-932 of title 20, United States Code; section 2164 of title 10,

United States Code; section 2001 et seq., of title 25, United

States Code; section 7301 of title 5, United States Code; and

section 301 of title 3, United States Code, and to achieve equal

opportunity in Federally conducted education and training programs

and activities, it is hereby ordered as follows:

Section 1. Statement of policy on education programs and

activities conducted by executive departments and agencies.

1-101. The Federal Government must hold itself to at least the

same principles of nondiscrimination in educational opportunities

as it applies to the education programs and activities of State and

local governments, and to private institutions receiving Federal

financial assistance. Existing laws and regulations prohibit

certain forms of discrimination in Federally conducted education

and training programs and activities - including discrimination

against people with disabilities, prohibited by the Rehabilitation

Act of 1973, 29 U.S.C. 701 et seq., as amended, employment

discrimination on the basis of race, color, national origin, sex,

or religion, prohibited by Title VII of the Civil Rights Act of

1964, 42 U.S.C. 2000e-17 [42 U.S.C. 2000e et seq.], as amended,

discrimination on the basis of race, color, national origin, or

religion in educational programs receiving Federal assistance,

under Title VI of the Civil Rights Acts of 1964, 42 U.S.C. 2000d

[et seq.], and sex-based discrimination in education programs

receiving Federal assistance under Title IX of the Education

Amendments of 1972, 20 U.S.C. 1681 et seq. Through this Executive

Order, discrimination on the basis of race, sex, color, national

origin, disability, religion, age, sexual orientation, and status

as a parent will be prohibited in Federally conducted education and

training programs and activities.

1-102. No individual, on the basis of race, sex, color, national

origin, disability, religion, age, sexual orientation, or status as

a parent, shall be excluded from participation in, be denied the

benefits of, or be subjected to discrimination in, a Federally

conducted education or training program or activity.

Sec. 2. Definitions.

2-201. "Federally conducted education and training programs and

activities" includes programs and activities conducted, operated,

or undertaken by an executive department or agency.

2-202. "Education and training programs and activities" include,

but are not limited to, formal schools, extracurricular activities,

academic programs, occupational training, scholarships and

fellowships, student internships, training for industry members,

summer enrichment camps, and teacher training programs.

2-203. The Attorney General is authorized to make a final

determination as to whether a program falls within the scope of

education and training programs and activities covered by this

order, under subsection 2-202, or is excluded from coverage, under

section 3.

2-204. "Military education or training programs" are those

education and training programs conducted by the Department of

Defense or, where the Coast Guard is concerned, the Department of

Transportation, for the primary purpose of educating or training

members of the armed forces or meeting a statutory requirement to

educate or train Federal, State, or local civilian law enforcement

officials pursuant to 10 U.S.C. Chapter 18.

2-205. "Armed Forces" means the Armed Forces of the United

States.

2-206. "Status as a parent" refers to the status of an individual

who, with respect to an individual who is under the age of 18 or

who is 18 or older but is incapable of self-care because of a

physical or mental disability, is:

(a) a biological parent;

(b) an adoptive parent;

(c) a foster parent;

(d) a stepparent;

(e) a custodian of a legal ward;

(f) in loco parentis over such an individual; or

(g) actively seeking legal custody or adoption of such an

individual.

Sec. 3. Exemption from coverage.

3-301. This order does not apply to members of the armed forces,

military education or training programs, or authorized intelligence

activities. Members of the armed forces, including students at

military academies, will continue to be covered by regulations that

currently bar specified forms of discrimination that are now

enforced by the Department of Defense and the individual service

branches. The Department of Defense shall develop procedures to

protect the rights of and to provide redress to civilians not

otherwise protected by existing Federal law from discrimination on

the basis of race, sex, color, national origin, disability,

religion, age, sexual orientation, or status as a parent and who

participate in military education or training programs or

activities conducted by the Department of Defense.

3-302. This order does not apply to, affect, interfere with, or

modify the operation of any otherwise lawful affirmative action

plan or program.

3-303. An individual shall not be deemed subjected to

discrimination by reason of his or her exclusion from the benefits

of a program established consistent with federal law or limited by

Federal law to individuals of a particular race, sex, color,

disability, national origin, age, religion, sexual orientation, or

status as a parent different from his or her own.

3-304. This order does not apply to ceremonial or similar

education or training programs or activities of schools conducted

by the Department of the Interior, Bureau of Indian Affairs, that

are culturally relevant to the children represented in the school.

"Culturally relevant" refers to any class, program, or activity

that is fundamental to a tribe's culture, customs, traditions,

heritage, or religion.

3-305. This order does not apply to (a) selections based on

national origin of foreign nationals to participate in covered

education or training programs, if such programs primarily concern

national security or foreign policy matters; or (b) selections or

other decisions regarding participation in covered education or

training programs made by entities outside the executive branch. It

shall be the policy of the executive branch that education or

training programs or activities shall not be available to entities

that select persons for participation in violation of Federal or

State law.

3-306. The prohibition on discrimination on the basis of age

provided in this order does not apply to age-based admissions of

participants to education or training programs, if such programs

have traditionally been age-specific or must be age-limited for

reasons related to health or national security.

Sec. 4. Administrative enforcement.

4-401. Any person who believes himself or herself to be aggrieved

by a violation of this order or its implementing regulations,

rules, policies, or guidance may, personally or through a

representative, file a written complaint with the agency that such

person believes is in violation of this order or its implementing

regulations, rules, policies, or guidance. Pursuant to procedures

to be established by the Attorney General, each executive

department or agency shall conduct an investigation of any

complaint by one of its employees alleging a violation of this

Executive Order.

4-402. (a) If the office within an executive department or agency

that is designated to investigate complaints for violations of this

order or its implementing rules, regulations, policies, or guidance

concludes that an employee has not complied with this order or any

of its implementing rules, regulations, policies, or guidance, such

office shall complete a report and refer a copy of the report and

any relevant findings or supporting evidence to an appropriate

agency official. The appropriate agency official shall review such

material and determine what, if any, disciplinary action is

appropriate.

(b) In addition, the designated investigating office may provide

appropriate agency officials with a recommendation for any

corrective and/or remedial action. The appropriate officials shall

consider such recommendation and implement corrective and/or

remedial action by the agency, when appropriate. Nothing in this

order authorizes monetary relief to the complainant as a form of

remedial or corrective action by an executive department or agency.

4-403. Any action to discipline an employee who violates this

order or its implementing rules, regulations, policies, or

guidance, including removal from employment, where appropriate,

shall be taken in compliance with otherwise applicable procedures,

including the Civil Service Reform Act of 1978, Public Law No.

95-454, 92 Stat. 1111 [see Tables for classification].

Sec. 5. Implementation and Agency Responsibilities.

5-501. The Attorney General shall publish in the Federal Register

such rules, regulations, policies, or guidance, as the Attorney

General deems appropriate, to be followed by all executive

departments and agencies. The Attorney General shall address:

a. which programs and activities fall within the scope of

education and training programs and activities covered by this

order, under subsection 2-202, or excluded from coverage, under

section 3 of this order;

b. examples of discriminatory conduct;

c. applicable legal principles;

d. enforcement procedures with respect to complaints against

employees;

e. remedies;

f. requirements for agency annual and tri-annual reports as set

forth in section 6 of this order; and

g. such other matters as deemed appropriate.

5-502. Within 90 days of the publication of final rules,

regulations, policies, or guidance by the Attorney General, each

executive department and agency shall establish a procedure to

receive and address complaints regarding its Federally conducted

education and training programs and activities. Each executive

department and agency shall take all necessary steps to effectuate

any subsequent rules, regulations, policies, or guidance issued by

the Attorney General within 90 days of issuance.

5-503. The head of each executive department and agency shall be

responsible for ensuring compliance within this order.

5-504. Each executive department and agency shall cooperate with

the Attorney General and provide such information and assistance as

the Attorney General may require in the performance of the Attorney

General's functions under this order.

5-505. Upon request and to the extent practicable, the Attorney

General shall provide technical advice and assistance to executive

departments and agencies to assist in full compliance with this

order.

Sec. 6. Reporting Requirements.

6-601. Consistent with the regulations, rules, policies, or

guidance issued by the Attorney General, each executive department

and agency shall submit to the Attorney General a report that

summarizes the number and nature of complaints filed with the

agency and the disposition of such complaints. For the first 3

years after the date of this order, such reports shall be submitted

annually within 90 days of the end of the preceding year's

activities. Subsequent reports shall be submitted every 3 years and

within 90 days of the end of each 3-year period.

Sec. 7. General Provisions.

7-701. Nothing in this order shall limit the authority of the

Attorney General to provide for the coordinated enforcement of

nondiscrimination requirements in Federal assistance programs under

Executive Order 12250 [42 U.S.C. 2000d-1 note].

Sec. 8. Judicial Review.

8-801. This order is not intended, and should not be construed,

to create any right or benefit, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, its officers, or its employees. This order is not

intended, however, to preclude judicial review of final decisions

in accordance with the Administrative Procedure Act, 5 U.S.C. 701,

et seq.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000d-1 of this title;

title 39 section 410.

-End-

-CITE-

42 USC Sec. 2000d-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

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

-STATUTE-

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.

-SOURCE-

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

-TRANS-

DELEGATION OF FUNCTIONS

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 below.

-MISC1-

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.

-EXEC-

EXECUTIVE ORDER NO. 11247

Ex. Ord. No. 11247, eff. Sept. 24, 1965, 30 F.R. 12327, which

related to 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 below.

EXECUTIVE ORDER NO. 11764

Ex. Ord. No. 11764, Jan. 21, 1974, 39 F.R. 2575, which related to

coordination of enforcement of provisions of this subchapter, was

revoked by section 1-501 of Ex. Ord. No. 12250, Nov. 2, 1980, 45

F.R. 72996, set out below.

EX. ORD. NO. 12250. LEADERSHIP AND COORDINATION OF IMPLEMENTATION

AND ENFORCEMENT OF NONDISCRIMINATION LAWS

Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including section 602

of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), Section 902 of

the Education Amendments of 1972 (20 U.S.C. 1682), and Section 301

of Title 3 of the United States Code, and in order to provide,

under the leadership of the Attorney General, for the consistent

and effective implementation of various laws prohibiting

discriminatory practices in Federal programs and programs receiving

Federal financial assistance, it is hereby ordered as follows:

-MISC2-

1-1. DELEGATION OF FUNCTION

1-101. The function vested in the President by Section 602 of the

Civil Rights Act of 1964 (42 U.S.C. 2000d-1), relating to the

approval of rules, regulations, and orders of general

applicability, is hereby delegated to the Attorney General.

1-102. The function vested in the President by Section 902 of the

Education Amendments of 1972 (20 U.S.C. 1682), relating to the

approval of rules, regulations, and orders of general

applicability, is hereby delegated to the Attorney General.

1-2. COORDINATION OF NONDISCRIMINATION PROVISIONS

1-201. The Attorney General shall coordinate the implementation

and enforcement by Executive agencies of various nondiscrimination

provisions of the following laws:

(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

seq.).

(b) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681

et seq.).

(c) Section 504 of the Rehabilitation Act of 1973, as amended (29

U.S.C. 794).

(d) Any other provision of Federal statutory law which provides,

in whole or in part, that no person in the United States shall, on

the ground of race, color, national origin, handicap, religion, or

sex, be excluded from participation in, be denied the benefits of,

or be subject to discrimination under any program or activity

receiving Federal financial assistance.

1-202. In furtherance of the Attorney General's responsibility

for the coordination of the implementation and enforcement of the

nondiscrimination provisions of laws covered by this Order, the

Attorney General shall review the existing and proposed rules,

regulations, and orders of general applicability of the Executive

agencies in order to identify those which are inadequate, unclear

or unnecessarily inconsistent.

1-203. The Attorney General shall develop standards and

procedures for taking enforcement actions and for conducting

investigations and compliance reviews.

1-204. The Attorney General shall issue guidelines for

establishing reasonable time limits on efforts to secure voluntary

compliance, on the initiation of sanctions, and for referral to the

Department of Justice for enforcement where there is noncompliance.

1-205. The Attorney General shall establish and implement a

schedule for the review of the agencies' regulations which

implement the various nondiscrimination laws covered by this Order.

1-206. The Attorney General shall establish guidelines and

standards for the development of consistent and effective

recordkeeping and reporting requirements by Executive agencies; for

the sharing and exchange by agencies of compliance records,

findings, and supporting documentation; for the development of

comprehensive employee training programs; for the development of

effective information programs; and for the development of

cooperative programs with State and local agencies, including

sharing of information, deferring of enforcement activities, and

providing technical assistance.

1-207. The Attorney General shall initiate cooperative programs

between and among agencies, including the development of sample

memoranda of understanding, designed to improve the coordination of

the laws covered by this Order.

1-3. IMPLEMENTATION BY THE ATTORNEY GENERAL

1-301. In consultation with the affected agencies, the Attorney

General shall promptly prepare a plan for the implementation of

this Order. This plan shall be submitted to the Director of the

Office of Management and Budget.

1-302. The Attorney General shall periodically evaluate the

implementation of the nondiscrimination provisions of the laws

covered by this Order, and advise the heads of the agencies

concerned on the results of such evaluations as to recommendations

for needed improvement in implementation or enforcement.

1-303. The Attorney General shall carry out his functions under

this Order, including the issuance of such regulations as he deems

necessary, in consultation with affected agencies.

1-304. The Attorney General shall annually report to the

President through the Director of the Office of Management and

Budget on the progress in achieving the purposes of this Order.

This report shall include any recommendations for changes in the

implementation or enforcement of the nondiscrimination provisions

of the laws covered by this Order.

1-305. The Attorney General shall chair the Interagency

Coordinating Council established by Section 507 of the

Rehabilitation Act of 1973, as amended (29 U.S.C. 794c).

1-4. AGENCY IMPLEMENTATION

1-401. Each Executive agency shall cooperate with the Attorney

General in the performance of the Attorney General's functions

under this Order and shall, unless prohibited by law, furnish such

reports and information as the Attorney General may request.

1-402. Each Executive agency responsible for implementing a

nondiscrimination provision of a law covered by this Order shall

issue appropriate implementing directives (whether in the nature of

regulations or policy guidance). To the extent permitted by law,

they shall be consistent with the requirements prescribed by the

Attorney General pursuant to this Order and shall be subject to the

approval of the Attorney General, who may require that some or all

of them be submitted for approval before taking effect.

1-403. Within 60 days after a date set by the Attorney General,

Executive agencies shall submit to the Attorney General their plans

for implementing their responsibilities under this Order.

1-5. GENERAL PROVISIONS

1-501. Executive Order No. 11764 is revoked. The present

regulations of the Attorney General relating to the coordination of

enforcement of Title VI of the Civil Rights Act of 1964 [this

subchapter] shall continue in effect until revoked or modified (28

CFR 42.401 to 42.415).

1-502. Executive Order No. 11914 is revoked. The present

regulations of the Secretary of Health and Human Services relating

to the coordination of the implementation of Section 504 of the

Rehabilitation Act of 1973, as amended [29 U.S.C. 794], shall be

deemed to have been issued by the Attorney General pursuant to this

Order and shall continue in effect until revoked or modified by the

Attorney General.

1-503. Nothing in this Order shall vest the Attorney General with

the authority to coordinate the implementation and enforcement by

Executive agencies of statutory provisions relating to equal

employment.

1-504. Existing agency regulations implementing the

nondiscrimination provisions of laws covered by this Order shall

continue in effect until revoked or modified.

Jimmy Carter.

-EXEC-

EX. ORD. NO. 13166. IMPROVING ACCESS TO SERVICES FOR PERSONS WITH

LIMITED ENGLISH PROFICIENCY

Ex. Ord. No. 13166, Aug. 11, 2000, 65 F.R. 50121, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and to improve access

to federally conducted and federally assisted programs and

activities for persons who, as a result of national origin, are

limited in their English proficiency (LEP), it is hereby ordered as

follows:

Section 1. Goals.

The Federal Government provides and funds an array of services

that can be made accessible to otherwise eligible persons who are

not proficient in the English language. The Federal Government is

committed to improving the accessibility of these services to

eligible LEP persons, a goal that reinforces its equally important

commitment to promoting programs and activities designed to help

individuals learn English. To this end, each Federal agency shall

examine the services it provides and develop and implement a system

by which LEP persons can meaningfully access those services

consistent with, and without unduly burdening, the fundamental

mission of the agency. Each Federal agency shall also work to

ensure that recipients of Federal financial assistance (recipients)

provide meaningful access to their LEP applicants and

beneficiaries. To assist the agencies with this endeavor, the

Department of Justice has today issued a general guidance document

(LEP Guidance), which sets forth the compliance standards that

recipients must follow to ensure that the programs and activities

they normally provide in English are accessible to LEP persons and

thus do not discriminate on the basis of national origin in

violation of title VI of the Civil Rights Act of 1964 [42 U.S.C.

2000d et seq.], as amended, and its implementing regulations. As

described in the LEP Guidance, recipients must take reasonable

steps to ensure meaningful access to their programs and activities

by LEP persons.

Sec. 2. Federally Conducted Programs and Activities.

Each Federal agency shall prepare a plan to improve access to its

federally conducted programs and activities by eligible LEP

persons. Each plan shall be consistent with the standards set forth

in the LEP Guidance, and shall include the steps the agency will

take to ensure that eligible LEP persons can meaningfully access

the agency's programs and activities. Agencies shall develop and

begin to implement these plans within 120 days of the date of this

order, and shall send copies of their plans to the Department of

Justice, which shall serve as the central repository of the

agencies' plans.

Sec. 3. Federally Assisted Programs and Activities.

Each agency providing Federal financial assistance shall draft

title VI guidance specifically tailored to its recipients that is

consistent with the LEP Guidance issued by the Department of

Justice. This agency-specific guidance shall detail how the general

standards established in the LEP Guidance will be applied to the

agency's recipients. The agency-specific guidance shall take into

account the types of services provided by the recipients, the

individuals served by the recipients, and other factors set out in

the LEP Guidance. Agencies that already have developed title VI

guidance that the Department of Justice determines is consistent

with the LEP Guidance shall examine their existing guidance, as

well as their programs and activities, to determine if additional

guidance is necessary to comply with this order. The Department of

Justice shall consult with the agencies in creating their guidance

and, within 120 days of the date of this order, each agency shall

submit its specific guidance to the Department of Justice for

review and approval. Following approval by the Department of

Justice, each agency shall publish its guidance document in the

Federal Register for public comment.

Sec. 4. Consultations.

In carrying out this order, agencies shall ensure that

stakeholders, such as LEP persons and their representative

organizations, recipients, and other appropriate individuals or

entities, have an adequate opportunity to provide input. Agencies

will evaluate the particular needs of the LEP persons they and

their recipients serve and the burdens of compliance on the agency

and its recipients. This input from stakeholders will assist the

agencies in developing an approach to ensuring meaningful access by

LEP persons that is practical and effective, fiscally responsible,

responsive to the particular circumstances of each agency, and can

be readily implemented.

Sec. 5. Judicial Review.

This order is intended only to improve the internal management of

the executive branch and does not create any right or benefit,

substantive or procedural, enforceable at law or equity by a party

against the United States, its agencies, its officers or employees,

or any person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000d-2, 2000d-5, 9821,

9849, 10406 of this title; title 20 section 7905; title 39 section

410.

-End-

-CITE-

42 USC Sec. 2000d-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

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

-STATUTE-

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.

-SOURCE-

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

-COD-

CODIFICATION

"Chapter 7 of title 5" and "that chapter" 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2930c, 2971c, 2985g,

9821, 9849, 10406 of this title; title 20 section 7905; title 39

section 410.

-End-

-CITE-

42 USC Sec. 2000d-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

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

-STATUTE-

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.

-SOURCE-

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 410.

-End-

-CITE-

42 USC Sec. 2000d-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 2000d-4. Federal authority and financial assistance to

programs or activities by way of contract of insurance or

guaranty

-STATUTE-

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.

-SOURCE-

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 410.

-End-

-CITE-

42 USC Sec. 2000d-4a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

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

-STATUTE-

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 7801 of

title 20), 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.

-SOURCE-

(Pub. L. 88-352, title VI, Sec. 606, as added Pub. L. 100-259, Sec.

6, Mar. 22, 1988, 102 Stat. 31; amended Pub. L. 103-382, title III,

Sec. 391(q), Oct. 20, 1994, 108 Stat. 4024; Pub. L. 107-110, title

X, Sec. 1076(y), Jan. 8, 2002, 115 Stat. 2093.)

-MISC1-

AMENDMENTS

2002 - Par. (2)(B). Pub. L. 107-110 substituted "7801" for

"8801".

1994 - Par. (2)(B). Pub. L. 103-382 substituted "section 8801 of

title 20" for "section 198(a)(10) of the Elementary and Secondary

Education Act of 1965".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000cc-5 of this title.

-End-

-CITE-

42 USC Sec. 2000d-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 2000d-5. Prohibited deferral of action on applications by

local educational agencies seeking Federal funds for alleged

noncompliance with Civil Rights Act

-STATUTE-

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.

-SOURCE-

(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; Pub. L. 103-382, title III, Sec.

392(b)(1), Oct. 20, 1994, 108 Stat. 4026.)

-REFTEXT-

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 6301 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,

which is classified generally to chapter 70 (Sec. 6301 et seq.) of

Title 20. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 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 was classified

generally to chapter 13 (Sec. 236 et seq.) of Title 20 prior to

repeal by Pub. L. 103-382, title III, Sec. 331(b), Oct. 20, 1994,

108 Stat. 3965. 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.

-COD-

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.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-382, which directed amendment of this section

by striking out "by the Act of September 23, 1950 (Public Law 815,

81st Congress),", was executed by striking out "by the Act of

September 23, 1950 (Public Law 815, Eighty-first Congress)" before

"or by the Cooperative" to reflect the probable intent of Congress.

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."

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000d-6 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2000d-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 2000d-6. Policy of United States as to application of

nondiscrimination provisions in schools of local educational

agencies

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-COD-

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.

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 2000d-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-

Sec. 2000d-7. Civil rights remedies equalization

-STATUTE-

(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.

-SOURCE-

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

1845.)

-REFTEXT-

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 Act, known as the Patsy Takemoto Mink Equal Opportunity

in Education Act, is classified principally to chapter 38 (Sec.

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 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.

-COD-

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.

-End-

-CITE-

42 USC SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1981a, 2000h, 11111 of

this title; title 2 sections 60l, 1302, 1311, 1371, 1434; title 3

sections 402, 411; title 8 section 1324b; title 21 section 848;

title 43 section 1863.

-End-

-CITE-

42 USC Sec. 2000e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e. Definitions

-STATUTE-

For the purposes of this subchapter -

(a) The term "person" includes one or more individuals,

governments, governmental agencies, political subdivisions, labor

unions, partnerships, associations, corporations, legal

representatives, mutual companies, joint-stock companies, trusts,

unincorporated organizations, trustees, trustees in cases under

title 11, or receivers.

(b) The term "employer" means a person engaged in an industry

affecting commerce who has fifteen or more employees for each

working day in each of twenty or more calendar weeks in the

current or preceding calendar year, and any agent of such a

person, but such term does not include (1) the United States, a

corporation wholly owned by the Government of the United States,

an Indian tribe, or any department or agency of the District of

Columbia subject by statute to procedures of the competitive

service (as defined in section 2102 of title 5), or (2) a bona

fide private membership club (other than a labor organization)

which is exempt from taxation under section 501(c) of title 26,

except that during the first year after March 24, 1972, persons

having fewer than twenty-five employees (and their agents) shall

not be considered employers.

(c) The term "employment agency" means any person regularly

undertaking with or without compensation to procure employees for

an employer or to procure for employees opportunities to work for

an employer and includes an agent of such a person.

(d) The term "labor organization" means a labor organization

engaged in an industry affecting commerce, and any agent of such

an organization, and includes any organization of any kind, any

agency, or employee representation committee, group, association,

or plan so engaged in which employees participate and which

exists for the purpose, in whole or in part, of dealing with

employers concerning grievances, labor disputes, wages, rates of

pay, hours, or other terms or conditions of employment, and any

conference, general committee, joint or system board, or joint

council so engaged which is subordinate to a national or

international labor organization.

(e) A labor organization shall be deemed to be engaged in an

industry affecting commerce if (1) it maintains or operates a

hiring hall or hiring office which procures employees for an

employer or procures for employees opportunities to work for an

employer, or (2) the number of its members (or, where it is a

labor organization composed of other labor organizations or their

representatives, if the aggregate number of the members of such

other labor organization) is (A) twenty-five or more during the

first year after March 24, 1972, or (B) fifteen or more

thereafter, and such labor organization -

(1) is the certified representative of employees under the

provisions of the National Labor Relations Act, as amended [29

U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45

U.S.C. 151 et seq.];

(2) although not certified, is a national or international

labor organization or a local labor organization recognized or

acting as the representative of employees of an employer or

employers engaged in an industry affecting commerce; or

(3) has chartered a local labor organization or subsidiary

body which is representing or actively seeking to represent

employees of employers within the meaning of paragraph (1) or

(2); or

(4) has been chartered by a labor organization representing

or actively seeking to represent employees within the meaning

of paragraph (1) or (2) as the local or subordinate body

through which such employees may enjoy membership or become

affiliated with such labor organization; or

(5) is a conference, general committee, joint or system

board, or joint council subordinate to a national or

international labor organization, which includes a labor

organization engaged in an industry affecting commerce within

the meaning of any of the preceding paragraphs of this

subsection.

(f) The term "employee" means an individual employed by an

employer, except that the term "employee" shall not include any

person elected to public office in any State or political

subdivision of any State by the qualified voters thereof, or any

person chosen by such officer to be on such officer's personal

staff, or an appointee on the policy making level or an immediate

adviser with respect to the exercise of the constitutional or

legal powers of the office. The exemption set forth in the

preceding sentence shall not include employees subject to the

civil service laws of a State government, governmental agency or

political subdivision. With respect to employment in a foreign

country, such term includes an individual who is a citizen of the

United States.

(g) The term "commerce" means trade, traffic, commerce,

transportation, transmission, or communication among the several

States; or between a State and any place outside thereof; or

within the District of Columbia, or a possession of the United

States; or between points in the same State but through a point

outside thereof.

(h) The term "industry affecting commerce" means any activity,

business, or industry in commerce or in which a labor dispute

would hinder or obstruct commerce or the free flow of commerce

and includes any activity or industry "affecting commerce" within

the meaning of the Labor-Management Reporting and Disclosure Act

of 1959 [29 U.S.C. 401 et seq.], and further includes any

governmental industry, business, or activity.

(i) The term "State" includes a State of the United States, the

District of Columbia, Puerto Rico, the Virgin Islands, American

Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental

Shelf lands defined in the Outer Continental Shelf Lands Act [43

U.S.C. 1331 et seq.].

(j) The term "religion" includes all aspects of religious

observance and practice, as well as belief, unless an employer

demonstrates that he is unable to reasonably accommodate to an

employee's or prospective employee's religious observance or

practice without undue hardship on the conduct of the employer's

business.

(k) The terms "because of sex" or "on the basis of sex"

include, but are not limited to, because of or on the basis of

pregnancy, childbirth, or related medical conditions; and women

affected by pregnancy, childbirth, or related medical conditions

shall be treated the same for all employment-related purposes,

including receipt of benefits under fringe benefit programs, as

other persons not so affected but similar in their ability or

inability to work, and nothing in section 2000e-2(h) of this

title shall be interpreted to permit otherwise. This subsection

shall not require an employer to pay for health insurance

benefits for abortion, except where the life of the mother would

be endangered if the fetus were carried to term, or except where

medical complications have arisen from an abortion: Provided,

That nothing herein shall preclude an employer from providing

abortion benefits or otherwise affect bargaining agreements in

regard to abortion.

(l) The term "complaining party" means the Commission, the

Attorney General, or a person who may bring an action or

proceeding under this subchapter.

(m) The term "demonstrates" means meets the burdens of

production and persuasion.

(n) The term "respondent" means an employer, employment agency,

labor organization, joint labor-management committee controlling

apprenticeship or other training or retraining program, including

an on-the-job training program, or Federal entity subject to

section 2000e-16 of this title.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 701, July 2, 1964, 78 Stat. 253;

Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662; Pub. L.

92-261, Sec. 2, Mar. 24, 1972, 86 Stat. 103; Pub. L. 95-555, Sec.

1, Oct. 31, 1978, 92 Stat. 2076; Pub. L. 95-598, title III, Sec.

330, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 99-514, Sec. 2, Oct. 22,

1986, 100 Stat. 2095; Pub. L. 102-166, title I, Secs. 104, 109(a),

Nov. 21, 1991, 105 Stat. 1074, 1077.)

-REFTEXT-

REFERENCES IN TEXT

The National Labor Relations Act, as amended, referred to in

subsec. (e)(1), is act July 5, 1935, ch. 372, 49 Stat. 449, as

amended, which is classified generally to subchapter II (Sec. 151

et seq.) of chapter 7 of Title 29, Labor. For complete

classification of this Act to the Code, see section 167 of Title 29

and Tables.

The Railway Labor Act, referred to in subsec. (e)(1), is act May

20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.

For complete classification of this Act to the Code, see section

151 of Title 45 and Tables.

The Labor-Management Reporting and Disclosure Act of 1959,

referred to in subsec. (h), is Pub. L. 86-257, Sept. 14, 1959, 73

Stat. 519, as amended, which is classified principally to chapter

11 (Sec. 401 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 401 of Title 29 and Tables.

For definition of Canal Zone, referred to in subsec. (i), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

The Outer Continental Shelf Lands Act, referred to in subsec.

(i), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which

is classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title note set out under section

1331 of Title 43 and Tables.

-MISC1-

AMENDMENTS

1991 - Subsec. (f). Pub. L. 102-166, Sec. 109(a), inserted at end

"With respect to employment in a foreign country, such term

includes an individual who is a citizen of the United States."

Subsecs. (l) to (n). Pub. L. 102-166, Sec. 104, added subsecs.

(l) to (n).

1986 - Subsec. (b). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

1978 - Subsec. (a). Pub. L. 95-598 substituted "trustees in cases

under title 11" for "trustees in bankruptcy".

Subsec. (k). Pub. L. 95-555 added subsec. (k).

1972 - Subsec. (a). Pub. L. 92-261, Sec. 2(1), included within

"person" governments, governmental agencies, and political

subdivisions.

Subsec. (b). Pub. L. 92-261, Sec. 2(2), substituted "fifteen or

more employees" for "twenty-five or more employees", extended

coverage to include State and local governments, excepted from

coverage any department or agency of the District of Columbia

subject by statute to procedures of the competitive service, as

defined in section 2102 of title 5, and substituted provisions

under which persons having fewer than twenty-five employees during

the first year after March 24, 1972, were not to be considered

employers, for provisions under which persons having fewer than a

specified number of employees during the first year after the

effective date of this section, and the second and third years

after such date were not to be considered employers.

Subsec. (c). Pub. L. 92-261, Sec. 2(3), struck out from term

"employment agency" exemption from coverage for agencies of the

United States, States or political subdivisions of States, other

than the United States Employment Service and the system of State

and local employment services receiving Federal assistance.

Subsec. (e). Pub. L. 92-261, Sec. 2(4), substituted provisions

which set forth the number of members for a labor organization to

be deemed to be engaged in an industry affecting commerce as

twenty-five or more during the first year after March 24, 1972, and

fifteen or more thereafter, for provisions which set forth the

number of members for a labor organization to be deemed to be

engaged in an industry affecting commerce as one hundred or more

during the first year after the effective date of this section,

seventy-five or more during the second year after such date, fifty

or more during the third year after such date, and twenty-five or

more thereafter.

Subsec. (f). Pub. L. 92-261, Sec. 2(5), inserted provisions

enumerating persons excepted from term "employee".

Subsec. (h). Pub. L. 92-261, Sec. 2(6), inserted ", and further

includes any governmental industry, business, or activity" after

"Labor-Management Reporting and Disclosure Act of 1959".

Subsec. (j). Pub. L. 92-261, Sec. 2(7), added subsec. (j).

1966 - Subsec. (b). Pub. L. 89-554 struck out proviso which

stated that it shall be the policy of the United States to insure

equal employment opportunities for Federal employees without

discrimination because of race, color, religion, sex, or national

origin and directed the President to utilize his existing authority

to effectuate this policy.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 104 of Pub. L. 102-166 effective Nov. 21,

1991, except as otherwise provided, see section 402 of Pub. L.

102-166, set out as a note under section 1981 of this title.

Section 109(c) of Pub. L. 102-166 provided that: "The amendments

made by this section [amending this section and sections 2000e-1,

12111, and 12112 of this title] shall not apply with respect to

conduct occurring before the date of the enactment of this Act

[Nov. 21, 1991]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as Effective Date note preceding

section 101 of Title 11, Bankruptcy.

EFFECTIVE DATE OF 1978 AMENDMENT; EXCEPTIONS TO APPLICATION

Section 2 of Pub. L. 95-555 provided that:

"(a) Except as provided in subsection (b), the amendment made by

this Act [amending this section] shall be effective on the date of

enactment [Oct. 31, 1978].

"(b) The provisions of the amendment made by the first section of

this Act [amending this section] shall not apply to any fringe

benefit program or fund, or insurance program which is in effect on

the date of enactment of this Act [Oct. 31, 1978] until 180 days

after enactment of this Act."

EFFECTIVE DATE

Subsecs. (a), (b) of section 716 of Pub. L. 88-352 provided that:

"(a) This title [enacting this section and sections 2000e-1,

2000e-4, 2000e-7 to 2000e-15 of this title, and amending sections

2204 and 2205(a)(45) of former Title 5, Executive Departments and

Government Officers and Employees] shall become effective one year

after the date of its enactment [July 2, 1964].

"(b) Notwithstanding subsection (a), sections of this title other

than sections 703, 704, 706, and 707 [sections 2000e-2, 2000e-3,

2000e-5, and 2000e-6 of this title] shall become effective

immediately [July 2, 1964]."

GLASS CEILING

Title II of Pub. L. 102-166, entitled the "Glass Ceiling Act of

1991", established a Glass Ceiling Commission which was to submit

to Congress, no later than 15 months after Nov. 21, 1991, study and

recommendations concerning eliminating artificial barriers to

advancement of women and minorities in the workplace and increasing

opportunities and developmental experiences of women and minorities

to foster advancement to management and decisionmaking positions in

businesses, authorized creation of a National Award for Diversity

and Excellence in American Executive Management which was to be

awarded annually by the Commission to a qualified business concern

which promoted more diverse skilled work force at management and

decisionmaking levels in business, and further provided for

composition of Commission, powers, staff and consultants,

confidentiality of information, appropriations, and termination of

Commission and authority to make awards 4 years after Nov. 21,

1991.

READJUSTMENT OF BENEFITS

Section 3 of Pub. L. 95-555 provided that: "Until the expiration

of a period of one year from the date of enactment of this Act

[Oct. 31, 1978] or, if there is an applicable collective-bargaining

agreement in effect on the date of enactment of this Act, until the

termination of that agreement, no person who, on the date of

enactment of this Act is providing either by direct payment or by

making contributions to a fringe benefit fund or insurance program,

benefits in violation with this Act [amending this section and

enacting provisions set out above] shall, in order to come into

compliance with this Act, reduce the benefits or the compensation

provided any employee on the date of enactment of this Act, either

directly or by failing to provide sufficient contributions to a

fringe benefit fund or insurance program: Provided, That where the

costs of such benefits on the date of enactment of this Act are

apportioned between employers and employees, the payments or

contributions required to comply with this Act may be made by

employers and employees in the same proportion: And provided

further, That nothing in this section shall prevent the

readjustment of benefits or compensation for reasons unrelated to

compliance with this Act."

-EXEC-

EXECUTIVE ORDER NO. 11126

Ex. Ord. No. 11126, Nov. 1, 1963, 28 F.R. 11717, as amended by

Ex. Ord. No. 11221, May 6, 1965, 30 F.R. 6427; Ex. Ord. No. 12007,

Aug. 22, 1977, 42 F.R. 42839, which related to the

Interdepartmental Committee on the Status of Women and the

Citizens' Advisory Council on the Status of Women, was revoked by

Ex. Ord. No. 12050, Apr. 4, 1978, 43 F.R. 14431, formerly set out

below.

EX. ORD. NO. 11246. EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT

Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, as amended by

Ex. Ord. No. 11375, Oct. 13, 1967, 32 F.R. 14303; Ex. Ord. No.

11478, Aug. 8, 1969, 34 F.R. 12985; Ex. Ord. No. 12086, Oct. 5,

1978, 43 F.R. 46501; Ex. Ord. No. 13279, Sec. 4, Dec. 12, 2002, 67

F.R. 77143, provided:

Under and by virtue of the authority vested in me as President of

the United States by the Constitution and statutes of the United

States, it is ordered as follows:

PART I - NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT

[Superseded. Ex. Ord. No. 11478, eff. Aug. 8, 1969, 34 F.R.

12985.]

PART II - NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS

AND SUBCONTRACTORS

SUBPART A - DUTIES OF THE SECRETARY OF LABOR

Sec. 201. The Secretary of Labor shall be responsible for the

administration and enforcement of Parts II and III of this Order.

The Secretary shall adopt such rules and regulations and issue such

orders as are deemed necessary and appropriate to achieve the

purposes of Parts II and III of this Order.

SUBPART B - CONTRACTORS' AGREEMENTS

Sec. 202. Except in contracts exempted in accordance with Section

204 of this Order, all Government contracting agencies shall

include in every Government contract hereafter entered into the

following provisions:

"During the performance of this contract, the contractor agrees

as follows:

"(1) The contractor will not discriminate against any employee or

applicant for employment because of race, color, religion, sex, or

national origin. The contractor will take affirmative action to

ensure that applicants are employed, and that employees are treated

during employment, without regard to their race, color, religion,

sex or national origin. Such action shall include, but not be

limited to the following: employment, upgrading, demotion, or

transfer; recruitment or recruitment advertising; layoff or

termination; rates of pay or other forms of compensation; and

selection for training, including apprenticeship. The contractor

agrees to post in conspicuous places, available to employees and

applicants for employment, notices to be provided by the

contracting officer setting forth the provisions of this

nondiscrimination clause.

"(2) The contractor will, in all solicitations or advertisements

for employees placed by or on behalf of the contractor, state that

all qualified applicants will receive consideration for employment

without regard to race, color, religion, sex or national origin.

"(3) The contractor will send to each labor union or

representative of workers with which he has a collective bargaining

agreement or other contract or understanding, a notice, to be

provided by the agency contracting officer, advising the labor

union or workers' representative of the contractor's commitments

under Section 202 of Executive Order No. 11246 of September 24,

1965, and shall post copies of the notice in conspicuous places

available to employees and applicants for employment.

"(4) The contractor will comply with all provisions of Executive

Order No. 11246 of Sept. 24, 1965, and of the rules, regulations,

and relevant orders of the Secretary of Labor.

"(5) The contractor will furnish all information and reports

required by Executive Order No. 11246 of September 24, 1965, and by

the rules, regulations, and orders of the Secretary of Labor, or

pursuant thereto, and will permit access to his books, records, and

accounts by the contracting agency and the Secretary of Labor for

purposes of investigation to ascertain compliance with such rules,

regulations, and orders.

"(6) In the event of the contractor's noncompliance with the

nondiscrimination clauses of this contract or with any of such

rules, regulations, or orders, this contract may be cancelled,

terminated or suspended in whole or in part and the contractor may

be declared ineligible for further Government contracts in

accordance with procedures authorized in Executive Order No. 11246

of Sept. 24, 1965, and such other sanctions may be imposed and

remedies invoked as provided in Executive Order No. 11246 of

September 24, 1965, or by rule, regulation, or order of the

Secretary of Labor, or as otherwise provided by law.

"(7) The contractor will include the provisions of paragraphs (1)

through (7) in every subcontract or purchase order unless exempted

by rules, regulations, or orders of the Secretary of Labor issued

pursuant to Section 204 of Executive Order No. 11246 of September

24, 1965 [section 204 of this Order] so that such provisions will

be binding upon each subcontractor or vendor. The contractor will

take such action with respect to any subcontract or purchase order

as may be directed by the Secretary of Labor as a means of

enforcing such provisions including sanctions for noncompliance:

Provided, however, that in the event the contractor becomes

involved in, or is threatened with, litigation with a subcontractor

or vendor as a result of such direction, the contractor may request

the United States to enter into such litigation to protect the

interests of the United States."

Sec. 203. (a) Each contractor having a contract containing the

provisions prescribed in Section 202 shall file, and shall cause

each of his subcontractors to file, Compliance Reports with the

contracting agency or the Secretary of Labor as may be directed.

Compliance Reports shall be filed within such times and shall

contain such information as to the practices, policies, programs,

and employment policies, programs, and employment statistics of the

contractor and each subcontractor, and shall be in such form, as

the Secretary of Labor may prescribe.

(b) Bidders or prospective contractors or subcontractors may be

required to state whether they have participated in any previous

contract subject to the provisions of this Order, or any preceding

similar Executive order, and in that event to submit, on behalf of

themselves and their proposed subcontractors, Compliance Reports

prior to or as an initial part of their bid or negotiation of a

contract.

(c) Whenever the contractor or subcontractor has a collective

bargaining agreement or other contract or understanding with a

labor union or an agency referring workers or providing or

supervising apprenticeship or training for such workers, the

Compliance Report shall include such information as to such labor

union's or agency's practices and policies affecting compliance as

the Secretary of Labor may prescribe: Provided, That to the extent

such information is within the exclusive possession of a labor

union or any agency referring workers or providing or supervising

apprenticeship or training and such labor union or agency shall

refuse to furnish such information to the contractor, the

contractor shall so certify to the Secretary of Labor as part of

its Compliance Report and shall set forth what efforts he has made

to obtain such information.

(d) The Secretary of Labor may direct that any bidder or

prospective contractor or subcontractor shall submit, as part of

his Compliance Report, a statement in writing, signed by an

authorized officer or agent on behalf of any labor union or any

agency referring workers or providing or supervising apprenticeship

or other training, with which the bidder or prospective contractor

deals, with supporting information, to the effect that the signer's

practices and policies do not discriminate on the grounds of race,

color, religion, sex or national origin, and that the signer either

will affirmatively cooperate in the implementation of the policy

and provisions of this order or that it consents and agrees that

recruitment, employment, and the terms and conditions of employment

under the proposed contract shall be in accordance with the

purposes and provisions of the order. In the event that the union,

or the agency shall refuse to execute such a statement, the

Compliance Report shall so certify and set forth what efforts have

been made to secure such a statement and such additional factual

material as the Secretary of Labor may require.

Sec. 204. (a) The Secretary of Labor may, when the Secretary

deems that special circumstances in the national interest so

require, exempt a contracting agency from the requirement of

including any or all of the provisions of Section 202 of this Order

in any specific contract, subcontract, or purchase order.

(b) The Secretary of Labor may, by rule or regulation, exempt

certain classes of contracts, subcontracts, or purchase orders (1)

whenever work is to be or has been performed outside the United

States and no recruitment of workers within the limits of the

United States is involved; (2) for standard commercial supplies or

raw materials; (3) involving less than specified amounts of money

or specified numbers of workers; or (4) to the extent that they

involve subcontracts below a specified tier.

(c) Section 202 of this Order shall not apply to a Government

contractor or subcontractor that is a religious corporation,

association, educational institution, or society, with respect to

the employment of individuals of a particular religion to perform

work connected with the carrying on by such corporation,

association, educational institution, or society of its activities.

Such contractors and subcontractors are not exempted or excused

from complying with the other requirements contained in this Order.

(d) The Secretary of Labor may also provide, by rule, regulation,

or order, for the exemption of facilities of a contractor that are

in all respects separate and distinct from activities of the

contractor related to the performance of the contract: provided,

that such an exemption will not interfere with or impede the

effectuation of the purposes of this Order: and provided further,

that in the absence of such an exemption all facilities shall be

covered by the provisions of this Order.

SUBPART C - POWERS AND DUTIES OF THE SECRETARY OF LABOR AND THE

CONTRACTING AGENCIES

Sec. 205. The Secretary of Labor shall be responsible for

securing compliance by all Government contractors and

subcontractors with this Order and any implementing rules or

regulations. All contracting agencies shall comply with the terms

of this Order and any implementing rules, regulations, or orders of

the Secretary of Labor. Contracting agencies shall cooperate with

the Secretary of Labor and shall furnish such information and

assistance as the Secretary may require.

Sec. 206. (a) The Secretary of Labor may investigate the

employment practices of any Government contractor or subcontractor

to determine whether or not the contractual provisions specified in

Section 202 of this Order have been violated. Such investigation

shall be conducted in accordance with the procedures established by

the Secretary of Labor.

(b) The Secretary of Labor may receive and investigate complaints

by employees or prospective employees of a Government contractor or

subcontractor which allege discrimination contrary to the

contractual provisions specified in Section 202 of this Order.

Sec. 207. The Secretary of Labor shall use his best efforts,

directly and through interested Federal, State, and local agencies,

contractors, and all other available instrumentalities to cause any

labor union engaged in work under Government contracts or any

agency referring workers or providing or supervising apprenticeship

or training for or in the course of such work to cooperate in the

implementation of the purposes of this Order. The Secretary of

Labor shall, in appropriate cases, notify the Equal Employment

Opportunity Commission, the Department of Justice, or other

appropriate Federal agencies whenever it has reason to believe that

the practices of any such labor organization or agency violate

Title VI or Title VII of the Civil Rights Act of 1964 [sections

2000d to 2000d-4 of this title and this subchapter] or other

provision of Federal law.

Sec. 208. (a) The Secretary of Labor, or any agency, officer, or

employee in the executive branch of the Government designated by

rule, regulation, or order of the Secretary, may hold such

hearings, public or private, as the Secretary may deem advisable

for compliance, enforcement, or educational purposes.

(b) The Secretary of Labor may hold, or cause to be held,

hearings in accordance with Subsection (a) of this Section prior to

imposing, ordering, or recommending the imposition of penalties and

sanctions under this Order. No order for debarment of any

contractor from further Government contracts under Section

209(a)(6) shall be made without affording the contractor an

opportunity for a hearing.

SUBPART D - SANCTIONS AND PENALTIES

Sec. 209. (a) In accordance with such rules, regulations, or

orders as the Secretary of Labor may issue or adopt, the Secretary

may:

(1) Publish, or cause to be published, the names of contractors

or unions which it has concluded have complied or have failed to

comply with the provisions of this Order or of the rules,

regulations, and orders of the Secretary of Labor.

(2) Recommend to the Department of Justice that, in cases in

which there is substantial or material violation or the threat of

substantial or material violation of the contractual provisions set

forth in Section 202 of this Order, appropriate proceedings be

brought to enforce those provisions, including the enjoining,

within the limitations of applicable law, of organizations,

individuals, or groups who prevent directly or indirectly, or seek

to prevent directly or indirectly, compliance with the provisions

of this Order.

(3) Recommend to the Equal Employment Opportunity Commission or

the Department of Justice that appropriate proceedings be

instituted under Title VII of the Civil Rights Act of 1964 [this

subchapter].

(4) Recommend to the Department of Justice that criminal

proceedings be brought for the furnishing of false information to

any contracting agency or to the Secretary of Labor as the case may

be.

(5) After consulting with the contracting agency, direct the

contracting agency to cancel, terminate, suspend, or cause to be

cancelled, terminated, or suspended, any contract, or any portion

or portions thereof, for failure of the contractor or subcontractor

to comply with equal employment opportunity provisions of the

contract. Contracts may be cancelled, terminated, or suspended

absolutely or continuance of contracts may be conditioned upon a

program for future compliance approved by the Secretary of Labor.

(6) Provide that any contracting agency shall refrain from

entering into further contracts, or extensions or other

modifications of existing contracts, with any noncomplying

contractor, until such contractor has satisfied the Secretary of

Labor that such contractor has established and will carry out

personnel and employment policies in compliance with the provisions

of this Order.

(b) Pursuant to rules and regulations prescribed by the Secretary

of Labor, the Secretary shall make reasonable efforts, within a

reasonable time limitation, to secure compliance with the contract

provisions of this Order by methods of conference, conciliation,

mediation, and persuasion before proceedings shall be instituted

under subsection (a)(2) of this Section, or before a contract shall

be cancelled or terminated in whole or in part under subsection

(a)(5) of this Section.

Sec. 210. Whenever the Secretary of Labor makes a determination

under Section 209, the Secretary shall promptly notify the

appropriate agency. The agency shall take the action directed by

the Secretary and shall report the results of the action it has

taken to the Secretary of Labor within such time as the Secretary

shall specify. If the contracting agency fails to take the action

directed within thirty days, the Secretary may take the action

directly.

Sec. 211. If the Secretary of Labor shall so direct, contracting

agencies shall not enter into contracts with any bidder or

prospective contractor unless the bidder or prospective contractor

has satisfactorily complied with the provisions of this Order or

submits a program for compliance acceptable to the Secretary of

Labor.

Sec. 212. When a contract has been cancelled or terminated under

Section 209(a)(5) or a contractor has been debarred from further

Government contracts under Section 209(a)(6) of this Order, because

of noncompliance with the contract provisions specified in Section

202 of this Order, the Secretary of Labor shall promptly notify the

Comptroller General of the United States.

SUBPART E - CERTIFICATES OF MERIT

Sec. 213. The Secretary of Labor may provide for issuance of a

United States Government Certificate of Merit to employers or labor

unions, or other agencies which are or may hereafter be engaged in

work under Government contracts, if the Secretary is satisfied that

the personnel and employment practices of the employer, or that the

personnel, training, apprenticeship, membership, grievance and

representation, upgrading, and other practices, and policies of the

labor union or other agency conform to the purposes and provisions

of this Order.

Sec. 214. Any Certificate of Merit may at any time be suspended

or revoked by the Secretary of Labor if the holder thereof, in the

judgment of the Secretary, has failed to comply with the provisions

of this Order.

Sec. 215. The Secretary of Labor may provide for the exemption of

any employer, labor union, or other agency from any reporting

requirements imposed under or pursuant to this Order if such

employer, labor union, or other agency has been awarded a

Certificate of Merit which has not been suspended or revoked.

PART III - NONDISCRIMINATION PROVISIONS IN FEDERALLY ASSISTED

CONSTRUCTION CONTRACTS

Sec. 301. Each executive department and agency which administers

a program involving Federal financial assistance shall require as a

condition for the approval of any grant, contract, loan, insurance,

or guarantee thereunder, which may involve a construction contract,

that the applicant for Federal assistance undertake and agree to

incorporate, or cause to be incorporated, into all construction

contracts paid for in whole or in part with funds obtained from the

Federal Government or borrowed on the credit of the Federal

Government pursuant to such grant, contract, loan, insurance, or

guarantee, or undertaken pursuant to any Federal program involving

such grant, contract, loan, insurance, or guarantee, the provisions

prescribed for Government contracts by Section 202 of this Order or

such modification thereof, preserving in substance the contractor's

obligations thereunder, as may be approved by the Secretary of

Labor; together with such additional provisions as the Secretary

deems appropriate to establish and protect the interest of the

United States in the enforcement of those obligations. Each such

applicant shall also undertake and agree (1) to assist and

cooperate actively with the Secretary of Labor in obtaining the

compliance of contractors and subcontractors with those contract

provisions and with the rules, regulations and relevant orders of

the Secretary, (2) to obtain and to furnish to the Secretary of

Labor such information as the Secretary may require for the

supervision of such compliance, (3) to carry out sanctions and

penalties for violation of such obligations imposed upon

contractors and subcontractors by the Secretary of Labor pursuant

to Part II, Subpart D, of this Order, and (4) to refrain from

entering into any contract subject to this Order, or extension or

other modification of such a contract with a contractor debarred

from Government contracts under Part II, Subpart D, of this Order.

Sec. 302. (a) "Construction contract," as used in this Order

means any contract for the construction, rehabilitation,

alteration, conversion, extension, or repair of buildings,

highways, or other improvements to real property.

(b) The provisions of Part II of this Order shall apply to such

construction contracts, and for purposes of such application the

administering department or agency shall be considered the

contracting agency referred to therein.

(c) The term "applicant" as used in this Order means an applicant

for Federal assistance or, as determined by agency regulation,

other program participant, with respect to whom an application for

any grant, contract, loan, insurance, or guarantee is not finally

acted upon prior to the effective date of this Part, and it

includes such an applicant after he becomes a recipient of such

Federal assistance.

Sec. 303(a). The Secretary of Labor shall be responsible for

obtaining the compliance of such applicants with their undertakings

under this Order. Each administering department and agency is

directed to cooperate with the Secretary of Labor and to furnish

the Secretary such information and assistance as the Secretary may

require in the performance of the Secretary's functions under this

Order.

(b) In the event an applicant fails and refuses to comply with

the applicant's undertakings pursuant to this Order, the Secretary

of Labor may, after consulting with the administering department or

agency, take any or all of the following actions: (1) direct any

administering department or agency to cancel, terminate, or suspend

in whole or in part the agreement, contract or other arrangement

with such applicant with respect to which the failure or refusal

occurred; (2) direct any administering department or agency to

refrain from extending any further assistance to the applicant

under the program with respect to which the failure or refusal

occurred until satisfactory assurance of future compliance has been

received by the Secretary of Labor from such applicant; and (3)

refer the case to the Department of Justice or the Equal Employment

Opportunity Commission for appropriate law enforcement or other

proceedings.

(c) In no case shall action be taken with respect to an applicant

pursuant to clause (1) or (2) of subsection (b) without notice and

opportunity for hearing.

Sec. 304. Any executive department or agency which imposes by

rule, regulation, or order requirements of nondiscrimination in

employment, other than requirements imposed pursuant to this Order,

may delegate to the Secretary of Labor by agreement such

responsibilities with respect to compliance standards, reports, and

procedures as would tend to bring the administration of such

requirements into conformity with the administration of

requirements imposed under this Order: Provided, That actions to

effect compliance by recipients of Federal financial assistance

with requirements imposed pursuant to Title VI of the Civil Rights

Act of 1964 [sections 2000d to 2000d-4 of this title] shall be

taken in conformity with the procedures and limitations prescribed

in Section 602 thereof [section 2000d-1 of this title] and the

regulations of the administering department or agency issued

thereunder.

PART IV - MISCELLANEOUS

Sec. 401. The Secretary of Labor may delegate to any officer,

agency, or employee in the Executive branch of the Government, any

function or duty of the Secretary under Parts II and III of this

Order.

Sec. 402. The Secretary of Labor shall provide administrative

support for the execution of the program known as the "Plans for

Progress."

Sec. 403. (a) Executive Orders Nos. 10590 (January 19, 1955),

10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22,

1963), and 11162 (July 28, 1964), are hereby superseded and the

President's Committee on Equal Employment Opportunity established

by Executive Order No. 10925 is hereby abolished. All records and

property in the custody of the Committee shall be transferred to

the Civil Service Commission and the Secretary of Labor, as

appropriate.

(b) Nothing in this Order shall be deemed to relieve any person

of any obligation assumed or imposed under or pursuant to any

Executive Order superseded by this Order. All rules, regulations,

orders, instructions, designations, and other directives issued by

the President's Committee on Equal Employment Opportunity and those

issued by the heads of various departments or agencies under or

pursuant to any of the Executive orders superseded by this Order,

shall, to the extent that they are not inconsistent with this

Order, remain in full force and effect unless and until revoked or

superseded by appropriate authority. References in such directives

to provisions of the superseded orders shall be deemed to be

references to the comparable provisions of this Order.

Sec. 404. The General Services Administration shall take

appropriate action to revise the standard Government contract forms

to accord with the provisions of this Order and of the rules and

regulations of the Secretary of Labor.

Sec. 405. This Order shall become effective thirty days after the

date of this Order.

EX. ORD. NO. 11478. EQUAL EMPLOYMENT OPPORTUNITY IN FEDERAL

GOVERNMENT

Ex. Ord. No. 11478, Aug. 8, 1969, 34 F.R. 12985, as amended by

Ex. Ord. No. 11590, Apr. 23, 1971, 36 F.R. 7831; Ex. Ord. No.

12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No. 13087, May 28,

1998, 63 F.R. 30097; Ex. Ord. No. 13152, May 2, 2000, 65 F.R.

26115, provided:

NOW THEREFORE, under and by virtue of the authority vested in me

as President of the United States by the Constitution and statutes

of the United States, it is ordered as follows:

Section 1. It is the policy of the Government of the United

States to provide equal opportunity in Federal employment for all

persons, to prohibit discrimination in employment because of race,

color, religion, sex, national origin, handicap, age, sexual

orientation, or status as a parent., [sic] and to promote the full

realization of equal employment opportunity through a continuing

affirmative program in each executive department and agency. This

policy of equal opportunity applies to and must be an integral part

of every aspect of personnel policy and practice in the employment,

development, advancement, and treatment of civilian employees of

the Federal Government, to the extent permitted by law.

Sec. 2. The head of each executive department and agency shall

establish and maintain an affirmative program of equal employment

opportunity for all civilian employees and applicants for

employment within his jurisdiction in accordance with the policy

set forth in section 1. It is the responsibility of each department

and agency head, to the maximum extent possible, to provide

sufficient resources to administer such a program in a positive and

effective manner; assure that recruitment activities reach all

sources of job candidates; utilize to the fullest extent the

present skills of each employee; provide the maximum feasible

opportunity to employees to enhance their skills so they may

perform at their highest potential and advance in accordance with

their abilities; provide training and advice to managers and

supervisors to assure their understanding and implementation of the

policy expressed in this Order; assure participation at the local

level with other employers, schools, and public or private groups

in cooperative efforts to improve community conditions which affect

employability; and provide for a system within the department or

agency for periodically evaluating the effectiveness with which the

policy of this Order is being carried out.

Sec. 3. The Equal Employment Opportunity Commission shall be

responsible for directing and furthering the implementation of the

policy of the Government of the United States to provide equal

opportunity in Federal employment for all employees or applicants

for employment (except with regard to aliens employed outside the

limits of the United States) and to prohibit discrimination in

employment because of race, color, religion, sex, national origin,

handicap, or age.

Sec. 4. The Equal Employment Opportunity Commission, after

consultation with all affected departments and agencies, shall

issue such rules, regulations, orders, and instructions and request

such information from the affected departments and agencies as it

deems necessary and and [sic] appropriate to carry out its

responsibilities under this Order.

Sec. 5. All departments and agencies shall cooperate with and

assist the Equal Employment Opportunity Commission in the

performance of its functions under this Order and shall furnish the

Commission such reports and information as it may request. The head

of each department or agency shall comply with rules, regulations,

orders and instructions issued by the Equal Employment Opportunity

Commission pursuant to Section 4 of this Order.

Sec. 6. "Status as a parent" refers to the status of an

individual who, with respect to an individual who is under the age

of 18 or who is 18 or older but is incapable of self-care because

of a physical or mental disability, is:

(a) a biological parent;

(b) an adoptive parent;

(c) a foster parent;

(d) a stepparent;

(e) a custodian of a legal ward;

(f) in loco parentis over such an individual; or

(g) actively seeking legal custody or adoption of such an

individual.

Sec. 7. The Office of Personnel Management shall be authorized to

develop guidance on the provisions of this order prohibiting

discrimination on the basis of an individual's sexual orientation

or status as a parent.

Sec. 8. This Order applies (a) to military departments as defined

in section 102 of title 5, United States Code, and executive

agencies (other than the General Accounting Office) as defined in

section 105 of title 5, United States Code, and to the employees

thereof (including employees paid from nonappropriated funds), and

(b) to those portions of the legislative and judicial branches of

the Federal Government and of the Government of the District of

Columbia having positions in the competitive service and to the

employees in those positions. This Order does not apply to aliens

employed outside the limits of the United States.

Sec. 9. Part I of Executive Order No. 11246 of September 24,

1965, and those parts of Executive Order No. 11375 of October 13,

1967, which apply to Federal employment, are hereby superseded.

Sec. 10. This Order shall be applicable to the United States

Postal Service and to the Postal Rate Commission established by the

Postal Reorganization Act of 1970 [Title 39, Postal Service].

Sec. 11. This Executive Order does not confer any right or

benefit enforceable in law or equity against the United States or

its representatives.

EXECUTIVE ORDER NO. 12050

Ex. Ord. No. 12050, Apr. 4, 1978, 43 F.R. 14431, as amended by

Ex. Ord. No. 12057, May 8, 1978, 43 F.R. 19811; Ex. Ord. No. 12135,

May 9, 1979, 44 F.R. 27639; Ex. Ord. No. 12336, Dec. 21, 1981, 46

F.R. 62239, which established a National Advisory Committee for

Women, was omitted in view of the revocation of sections 1 to 5 and

7 and 8 by Ex. Ord. No. 12135, May 9, 1979, 44 F.R. 27639 and the

revocation of section 6 by Ex. Ord. No. 12336, Dec. 21, 1981, 46

F.R. 62239.

EX. ORD. NO. 12067. COORDINATION OF FEDERAL EQUAL EMPLOYMENT

OPPORTUNITY PROGRAMS

Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me as President of the

United States by the Constitution and statutes of the United

States, including Section 9 of Reorganization Plan Number 1 of 1978

(43 FR 19807) [set out under section 2000e-4 of this title and in

the Appendix to Title 5, Government Organizations and Employees],

it is ordered as follows:

-MISC2-

1-1. IMPLEMENTATION OF REORGANIZATION PLAN

1-101. The transfer to the Equal Employment Opportunity

Commission of all the functions of the Equal Employment Opportunity

Coordinating Council, and the termination of that Council, as

provided by Section 6 of Reorganization Plan Number 1 of 1978 (43

FR 19807) [set out under section 2000e-4 of this title and in the

Appendix to Title 5, Government Organization and Employees] shall

be effective on July 1, 1978.

1-2. RESPONSIBILITIES OF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

1-201. The Equal Employment Opportunity Commission shall provide

leadership and coordination to the efforts of Federal departments

and agencies to enforce all Federal statutes, Executive orders,

regulations, and policies which require equal employment

opportunity without regard to race, color, religion, sex, national

origin, age or handicap. It shall strive to maximize effort,

promote efficiency, and eliminate conflict, competition,

duplication and inconsistency among the operations, functions and

jurisdictions of the Federal departments and agencies having

responsibility for enforcing such statutes, Executive orders,

regulations and policies.

1-202. In carrying out its functions under this order the Equal

Employment Opportunity Commission shall consult with and utilize

the special expertise of Federal departments and agencies with

equal employment opportunity responsibilities. The Equal Employment

Opportunity Commission shall cooperate with such departments and

agencies in the discharge of their equal employment

responsibilities.

1-203. All Federal departments and agencies shall cooperate with

and assist the Equal Employment Opportunity Commission in the

performance of its functions under this order and shall furnish the

Commission such reports and information as it may request.

1-3. SPECIFIC RESPONSIBILITIES

1-301. To implement its responsibilities under Section 1-2, the

Equal Employment Opportunity Commission shall, where feasible:

(a) develop uniform standards, guidelines, and policies defining

the nature of employment discrimination on the ground of race,

color, religion, sex, national origin, age or handicap under all

Federal statutes, Executive orders, regulations, and policies which

require equal employment opportunity;

(b) develop uniform standards and procedures for investigations

and compliance reviews to be conducted by Federal departments and

agencies under any Federal statute, Executive order, regulation or

policy requiring equal employment opportunity;

(c) develop procedures with the affected agencies, including the

use of memoranda of understanding, to minimize duplicative

investigations or compliance reviews of particular employers or

classes of employers or others covered by Federal statutes,

Executive orders, regulations or policies requiring equal

employment opportunity;

(d) ensure that Federal departments and agencies develop their

own standards and procedures for undertaking enforcement actions

when compliance with equal employment opportunity requirements of

any Federal statute, Executive order, regulation or policy cannot

be secured by voluntary means;

(e) develop uniform record-keeping and reporting requirements

concerning employment practices to be utilized by all Federal

departments and agencies having equal employment enforcement

responsibilities;

(f) provide for the sharing of compliance records, findings, and

supporting documentation among Federal departments and agencies

responsible for ensuring equal employment opportunity;

(g) develop uniform training programs for the staff of Federal

departments and agencies with equal employment opportunity

responsibilities;

(h) assist all Federal departments and agencies with equal

employment opportunity responsibilities in developing programs to

provide appropriate publications and other information for those

covered and those protected by Federal equal employment opportunity

statutes, Executive orders, regulations, and policies; and

(i) initiate cooperative programs, including the development of

memoranda of understanding between agencies, designed to improve

the coordination of equal employment opportunity compliance and

enforcement.

1-302. The Equal Employment Opportunity Commission shall assist

the Office of Personnel Management, or its successor, in

establishing uniform job-related qualifications and requirements

for job classifications and descriptions for Federal employees

involved in enforcing all Federal equal employment opportunity

provisions.

1-303. The Equal Employment Opportunity Commission shall issue

such rules, regulations, policies, procedures or orders as it deems

necessary to carry out its responsibilities under this order. It

shall advise and offer to consult with the affected Federal

departments and agencies during the development of any proposed

rules, regulations, policies, procedures or orders and shall

formally submit such proposed issuances to affected departments and

agencies at least 15 working days prior to public announcement. The

Equal Employment Opportunity Commission shall use its best efforts

to reach agreement with the agencies on matters in dispute.

Departments and agencies shall comply with all final rules,

regulations, policies, procedures or orders of the Equal Employment

Opportunity Commission.

1-304. All Federal departments and agencies shall advise and

offer to consult with the Equal Employment Opportunity Commission

during the development of any proposed rules, regulations,

policies, procedures or orders concerning equal employment

opportunity. Departments and agencies shall formally submit such

proposed issuances to the Equal Employment Opportunity Commission

and other interested Federal departments and agencies at least 15

working days prior to public announcement. The Equal Employment

Opportunity Commission shall review such proposed rules,

regulations, policies, procedures or orders to ensure consistency

among the operations of the various Federal departments and

agencies. Issuances related to internal management and

administration are exempt from this clearance process. Case

handling procedures unique to a single program also are exempt,

although the Equal Employment Opportunity Commission may review

such procedures in order to assure maximum consistency within the

Federal equal employment opportunity program.

1-305. Before promulgating significant rules, regulations,

policies, procedures or orders involving equal employment

opportunity, the Commission and affected departments and agencies

shall afford the public an opportunity to comment.

1-306. The Equal Employment Opportunity Commission may make

recommendations concerning staff size and resource needs of the

Federal departments and agencies having equal employment

opportunity responsibilities to the Office of Management and

Budget.

1-307. (a) It is the intent of this order that disputes between

or among agencies concerning matters covered by this order shall be

resolved through good faith efforts of the affected agencies to

reach mutual agreement. Use of the dispute resolution mechanism

contained in Subsections (b) and (c) of this Section should be

resorted to only in extraordinary circumstances.

(b) Whenever a dispute which cannot be resolved through good

faith efforts arises between the Equal Employment Opportunity

Commission and another Federal department or agency concerning the

issuance of an equal employment opportunity rule, regulation,

policy, procedure, order or any matter covered by this Order, the

Chairman of the Equal Employment Opportunity Commission or the head

of the affected department or agency may refer the matter to the

Executive Office of the President. Such reference must be in

writing and may not be made later than 15 working days following

receipt of the initiating agency's notice of intent publicly to

announce an equal employment opportunity rule, regulation, policy,

procedure or order. If no reference is made within the 15 day

period, the decision of the agency which initiated the proposed

issuance will become effective.

(c) Following reference of a disputed matter to the Executive

Office of the President, the Assistant to the President for

Domestic Affairs and Policy (or such other official as the

President may designate) shall designate an official within the

Executive Office of the President to meet with the affected

agencies to resolve the dispute within a reasonable time.

1-4. ANNUAL REPORT

1-401. The Equal Employment Opportunity Commission shall include

in the annual report transmitted to the President and the Congress

pursuant to Section 715 of Title VII of the Civil Rights Act of

1964, as amended (42 U.S.C. 2000e-14), a statement of the progress

that has been made in achieving the purpose of this order. The

Equal Employment Opportunity Commission shall provide Federal

departments and agencies an opportunity to comment on the report

prior to formal submission.

1-5. GENERAL PROVISIONS

1-501. Nothing in this order shall relieve or lessen the

responsibilities or obligations imposed upon any person or entity

by Federal equal employment law, Executive order, regulation or

policy.

1-502. Nothing in this order shall limit the Attorney General's

role as legal adviser to the Executive Branch.

Jimmy Carter.

-EXEC-

EX. ORD. NO. 12086. CONSOLIDATION OF CONTRACT COMPLIANCE FUNCTIONS

FOR EQUAL EMPLOYMENT OPPORTUNITY

Ex. Ord. No. 12086, Oct. 5, 1978, 43 F.R. 46501, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Section 202

of the Budget and Accounting Procedures Act of 1950 (31 U.S.C.

581c) [31 U.S.C. 1531], in order to provide for the transfer to the

Department of Labor of certain contract compliance functions

relating to equal employment opportunity, it is hereby ordered as

follows:

-MISC3-

1-1. TRANSFER OF FUNCTIONS

1-101. The functions concerned with being primarily responsible

for the enforcement of the equal employment opportunity provisions

under Parts II and III of Executive Order. No. 11246, as amended

[set out as a note above], are transferred or reassigned to the

Secretary of Labor from the following agencies:

(a) Department of the Treasury.

(b) Department of Defense.

(c) Department of the Interior.

(d) Department of Commerce.

(e) Department of Health and Human Services.

(f) Department of Housing and Urban Development.

(g) Department of Transportation.

(h) Department of Energy.

(i) Environmental Protection Agency.

(j) General Services Administration.

(k) Small Business Administration.

1-102. The records, property, personnel and positions, and

unexpended balances of appropriations or funds related to the

functions transferred or reassigned by this Order, that are

available and necessary to finance or discharge those functions,

are transferred to the Secretary of Labor.

1-103. The Director of the Office of Management and Budget shall

make such determinations, issue such orders, and take all actions

necessary or appropriate to effectuate the transfers or

reassignments provided by this Order, including the transfer of

funds, records, property, and personnel.

1-2. CONFORMING AMENDMENTS TO EXECUTIVE ORDER NO. 11246

1-201(a). In order to reflect the transfer of enforcement

responsibility to the Secretary of Labor, Section 201 of Executive

Order No. 11246, as amended, is amended to read:

"Sec. 201. The Secretary of Labor shall be responsible for the

administration and enforcement of Parts II and III of this Order.

The Secretary shall adopt such rules and regulations and issue such

orders as are deemed necessary and appropriate to achieve the

purposes of Parts II and III of this Order.".

(b) Paragraph (7) of the contract clauses specified in Section

202 of Executive Order No. 11246, as amended, is amended to read:

"(7) The contractor will include the provisions of paragraphs (1)

through (7) in every subcontract or purchase order unless exempted

by rules, regulations, or orders of the Secretary of Labor issued

pursuant to Section 204 of Executive Order No. 11246 of September

24, 1965, so that such provisions will be binding upon each

subcontractor or vendor. The contractor will take such action with

respect to any subcontract or purchase order as may be directed by

the Secretary of Labor as a means of enforcing such provisions

including sanctions for noncompliance: Provided, however, that in

the event the contractor becomes involved in, or is threatened

with, litigation with a subcontractor or vendor as a result of such

direction, the contractor may request the United States to enter

into such litigation to protect the interests of the United

States.".

1-202. In subsection (c) of Section 203 of Executive Order No.

11246, as amended, delete "contracting agency" in the proviso and

substitute "Secretary of Labor" therefor.

1-203. In both the beginning and end of subsection (d) of Section

203 of Executive Order No. 11246, as amended, delete "contracting

agency or the" in the phrase "contracting agency or the Secretary".

1-204. Section 205 of Executive Order No. 11246, as amended, is

amended by deleting the last two sentences, which dealt with agency

designation of compliance officers, and revising the rest of that

Section to read:

"Sec. 205. The Secretary of Labor shall be responsible for

securing compliance by all Government contractors and

subcontractors with this Order and any implementing rules or

regulations. All contracting agencies shall comply with the terms

of this Order and any implementing rules, regulations, or orders of

the Secretary of Labor. Contracting agencies shall cooperate with

the Secretary of Labor and shall furnish such information and

assistance as the Secretary may require.".

1-205. In order to delete references to the contracting agencies

conducting investigations, Section 206 of Executive Order No.

11246, as amended, is amended to read:

"Sec. 206. (a) The Secretary of Labor may investigate the

employment practices of any Government contractor or subcontractor

to determine whether or not the contractual provisions specified in

Section 202 of this Order have been violated. Such investigation

shall be conducted in accordance with the procedures established by

the Secretary of Labor.".

"(b) The Secretary of Labor may receive and investigate

complaints by employees or prospective employees of a Government

contractor or subcontractor which allege discrimination contrary to

the contractual provisions specified in Section 202 of this

Order.".

1-206. In Section 207 of Executive Order No. 11246, as amended,

delete "contracting agencies, other" in the first sentence.

1-207. The introductory clause in Section 209(a) of Executive

Order No. 11246, as amended, is amended by deleting "or the

appropriate contracting agency" from "In accordance with such

rules, regulations, or orders as the Secretary of Labor may issue

or adopt, the Secretary or the appropriate contracting agency

may:".

1-208. In paragraph (5) of Section 209(a) of Executive Order No.

11246, as amended, insert at the beginning the phrase "After

consulting with the contracting agency, direct the contracting

agency to", and at the end of paragraph (5) delete "contracting

agency" and substitute therefor "Secretary of Labor" so that

paragraph (5) is amended to read:

"(5) After consulting with the contracting agency, direct the

contracting agency to cancel, terminate, suspend, or cause to be

cancelled, terminated, or suspended, any contract, or any portion

or portions thereof, for failure of the contractor or subcontractor

to comply with equal employment opportunity provisions of the

contract. Contracts may be cancelled, terminated, or suspended

absolutely or continuance of contracts may be conditioned upon a

program for future compliance approved by the Secretary of Labor.".

1-209. In order to reflect the transfer from the agencies to the

Secretary of Labor of the enforcement functions, substitute

"Secretary of Labor" for "each contracting agency" in Section

209(b) of Executive Order No. 11246, as amended, so that Section

209(b) is amended to read:

"(b) Pursuant to rules and regulations prescribed by the

Secretary of Labor, the Secretary shall make reasonable efforts,

within a reasonable time limitation, to secure compliance with the

contract provisions of this Order by methods of conference,

conciliation, mediation, and persuasion before proceedings shall be

instituted under subsection (a)(2) of this Section, or before a

contract shall be cancelled or terminated in whole or in part under

subsection (a)(5) of this Section.".

1-210. In order to reflect the responsibility of the contracting

agencies for prompt compliance with the directions of the Secretary

of Labor, Sections 210 and 211 of Executive Order No. 11246, as

amended, are amended to read:

"Sec. 210. Whenever the Secretary of Labor makes a determination

under Section 209, the Secretary shall promptly notify the

appropriate agency. The agency shall take the action directed by

the Secretary and shall report the results of the action it has

taken to the Secretary of Labor within such time as the Secretary

shall specify. If the contracting agency fails to take the action

directed within thirty days, the Secretary may take the action

directly.".

"Sec. 211. If the Secretary of Labor shall so direct, contracting

agencies shall not enter into contracts with any bidder or

prospective contractor unless the bidder or prospective contractor

has satisfactorily complied with the provisions of this Order or

submits a program for compliance acceptable to the Secretary of

Labor.".

1-211. Section 212 of Executive Order No. 11246, as amended, is

amended to read:

"Sec. 212. When a contract has been cancelled or terminated under

Section 209(a)(5) or a contractor has been debarred from further

Government contracts under Section 209(a)(6) of this Order, because

of noncompliance with the contract provisions specified in Section

202 of this Order, the Secretary of Labor shall promptly notify the

Comptroller General of the United States.".

1-212. In order to reflect the transfer of enforcement

responsibility to the Secretary of Labor, references to the

administering department or agency are deleted in clauses (1), (2),

and (3) of Section 301 of Executive Order No. 11246, as amended,

and those clauses are amended to read:

"(1) to assist and cooperate actively with the Secretary of Labor

in obtaining the compliance of contractors and subcontractors with

those contract provisions and with the rules, regulations and

relevant orders of the Secretary, (2) to obtain and to furnish to

the Secretary of Labor such information as the Secretary may

require for the supervision of such compliance, (3) to carry out

sanctions and penalties for violation of such obligations imposed

upon contractors and subcontractors by the Secretary of Labor

pursuant to Part II, Subpart D, of this Order,".

1-213. In order to reflect the transfer from the agencies to the

Secretary of Labor of the enforcement functions "Secretary of

Labor" shall be substituted for "administering department or

agency" in Section 303 of Executive Order No. 11246, as amended,

and Section 303 is amended to read:

"Sec. 303(a). The Secretary of Labor shall be responsible for

obtaining the compliance of such applicants with their undertakings

under this Order. Each administering department and agency is

directed to cooperate with the Secretary of Labor and to furnish

the Secretary such information and assistance as the Secretary may

require in the performance of the Secretary's functions under this

Order.".

"(b) In the event an applicant fails and refuses to comply with

the applicant's undertakings pursuant to this Order, the Secretary

of Labor may, after consulting with the administering department or

agency, take any or all of the following actions: (1) direct any

administering department or agency to cancel, terminate, or suspend

in whole or in part the agreement, contract or other arrangement

with such applicant with respect to which the failure or refusal

occurred; (2) direct any administering department or agency to

refrain from extending any further assistance to the applicant

under the program with respect to which the failure or refusal

occurred until satisfactory assurance of future compliance has been

received by the Secretary of Labor from such applicant; and (3)

refer the case to the Department of Justice or the Equal Employment

Opportunity Commission for appropriate law enforcement or other

proceedings.".

"(c) In no case shall action be taken with respect to an

applicant pursuant to clause (1) or (2) of subsection (b) without

notice and opportunity for hearing.".

1-214. Section 401 of Executive Order No. 11246, as amended, is

amended to read:

"Sec. 401. The Secretary of Labor may delegate to any officer,

agency, or employee in the Executive branch of the Government, any

function or duty of the Secretary under Parts II and III of this

Order.".

1-3. GENERAL PROVISIONS

1-301. The transfers or reassignments provided by Section 1-1 of

this Order shall take effect at such time or times as the Director

of the Office of Management and Budget shall determine. The

Director shall ensure that all such transfers or reassignments take

effect within 60 days.

1-302. The conforming amendments provided by Section 1-2 of this

Order shall take effect on October 8, 1978; except that, with

respect to those agencies identified in Section 1-101 of this

Order, the conforming amendments shall be effective on the

effective date of the transfer or reassignment of functions as

specified pursuant to Section 1-301 of this Order.

-EXEC-

EXECUTIVE ORDER NO. 12135

Ex. Ord. No. 12135, May 9, 1979, 44 F.R. 27639, which established

the President's Advisory Committee for Women, was revoked by Ex.

Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, set out below.

EX. ORD. NO. 12336. TASK FORCE ON LEGAL EQUITY FOR WOMEN

Ex. Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, as amended by

Ex. Ord. No. 12355, Apr. 1, 1982, 47 F.R. 14479, provided:

By the authority vested in me as President by the Constitution of

the United States of America, and in order to provide for the

systematic elimination of regulatory and procedural barriers which

have unfairly precluded women from receiving equal treatment from

Federal activities, it is hereby ordered as follows:

Section 1. Establishment. (a) There is established the Task Force

on Legal Equity for Women.

(b) The Task Force members shall be appointed by the President

from among nominees by the heads of the following Executive

agencies, each of which shall have one representative on the Task

Force.

(1) Department of State.

(2) Department of The Treasury.

(3) Department of Defense.

(4) Department of Justice.

(5) Department of The Interior.

(6) Department of Agriculture.

(7) Department of Commerce.

(8) Department of Labor.

(9) Department of Health and Human Services.

(10) Department of Housing and Urban Development.

(11) Department of Transportation.

(12) Department of Energy.

(13) Department of Education.

(14) Agency for International Development.

(15) Veterans Administration [now Department of Veterans

Affairs].

(16) Office of Management and Budget.

(17) International Communication Agency.

(18) Office of Personnel Management.

(19) Environmental Protection Agency.

(20) ACTION [now Corporation for National and Community Service].

(21) Small Business Administration.

(c) The President shall designate one of the members to chair the

Task Force. Other agencies may be invited to participate in the

functions of the Task Force.

Sec. 2. Functions. (a) The members of the Task Force shall be

responsible for coordinating and facilitating in their respective

agencies, under the direction of the head of their agency, the

implementation of changes ordered by the President in

sex-discriminatory Federal regulations, policies, and practices.

(b) The Task Force shall periodically report to the President on

the progress made throughout the Government in implementing the

President's directives.

(c) The Attorney General shall complete the review of Federal

laws, regulations, policies, and practices which contain language

that unjustifiably differentiates, or which effectively

discriminates, on the basis of sex. The Attorney General or his

designee shall, on a quarterly basis, report his findings to the

President through the Cabinet Council on Legal Policy.

Sec. 3. Administration. (a) The head of each Executive agency

shall, to the extent permitted by law, provide the Task Force with

such information and advice as the Task Force may identify as being

useful to fulfill its functions.

(b) The agency with its representative chairing the Task Force

shall, to the extent permitted by law, provide the Task Force with

such administrative support as may be necessary for the effective

performance of its functions.

(c) The head of each agency represented on the Task Force shall,

to the extent permitted by law, furnish its representative such

administrative support as is necessary and appropriate.

Sec. 4. General Provisions. (a) Section 1-101(h) of Executive

Order No. 12258, as amended, is revoked.

(b) Executive Order No. 12135 is revoked.

(c) Section 6 of Executive Order No. 12050, as amended, is

revoked.

Ronald Reagan.

[The International Communication Agency was redesignated the

United States Information Agency, see section 303 of Pub. L.

97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note

under section 1461 of Title 22, Foreign Relations and Intercourse.

For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22.]

EX. ORD. NO. 13171. HISPANIC EMPLOYMENT IN THE FEDERAL GOVERNMENT

Ex. Ord. No. 13171, Oct. 12, 2000, 65 F.R. 61251, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

improve the representation of Hispanics in Federal employment,

within merit system principles and consistent with the application

of appropriate veterans' preference criteria, to achieve a Federal

workforce drawn from all segments of society, it is hereby ordered

as follows:

Section 1. Policy. It is the policy of the executive branch to

recruit qualified individuals from appropriate sources in an effort

to achieve a workforce drawn from all segments of society. Pursuant

to this policy, this Administration notes that Hispanics remain

underrepresented in the Federal workforce: they make up only 6.4

percent of the Federal civilian workforce, roughly half of their

total representation in the civilian labor force. This Executive

Order, therefore, affirms ongoing policies and recommends

additional policies to eliminate the underpresentation [sic] of

Hispanics in the Federal workforce.

Sec. 2. Responsibilities of Executive Departments and Agencies.

The head of each executive department and agency (agency) shall

establish and maintain a program for the recruitment and career

development of Hispanics in Federal employment. In its program,

each agency shall:

(a) provide a plan for recruiting Hispanics that creates a fully

diverse workforce for the agency in the 21st century;

(b) assess and eliminate any systemic barriers to the effective

recruitment and consideration of Hispanics, including but not

limited to:

(1) broadening the area of consideration to include applicants

from all appropriate sources;

(2) ensuring that selection factors are appropriate and achieve

the broadest consideration of applicants and do not impose

barriers to selection based on nonmerit factors; and

(3) considering the appointment of Hispanic Federal executives

to rating, selection, performance review, and executive resources

panels and boards;

(c) improve outreach efforts to include organizations outside the

Federal Government in order to increase the number of Hispanic

candidates in the selection pool for the Senior Executive Service;

(d) promote participation of Hispanic employees in management,

leadership, and career development programs;

(e) ensure that performance plans for senior executives,

managers, and supervisors include specific language related to

significant accomplishments on diversity recruitment and career

development and that accountability is predicated on those plans;

(f) establish appropriate agency advisory councils that include

Hispanic Employment Program Managers;

(g) implement the goals of the Government-wide Hispanic

Employment Initiatives issued by the Office of Personnel Management

(OPM) in September 1997 (Nine-Point Plan), and the Report to the

President's Management Council on Hispanic Employment in the

Federal Government of March 1999;

(h) ensure that managers and supervisors receive periodic

training in diversity management in order to carry out their

responsibilities to maintain a diverse workforce; and

(i) reflect a continuing priority for eliminating Hispanic

underrepresentation in the Federal workforce and incorporate

actions under this order as strategies for achieving workforce

diversity goals in the agency's Government Performance and Results

Act (GPRA) Annual Performance Plan.

Sec. 3. Cooperation. All efforts taken by heads of agencies under

sections 1 and 2 of this order shall, as appropriate, further

partnerships and cooperation among Federal, public, and private

sector employers, and appropriate Hispanic organizations whenever

such partnerships and cooperation are possible and would promote

the Federal employment of qualified individuals. In developing the

long-term comprehensive strategies required by section 2 of this

order, agencies shall, as appropriate, consult with and seek

information and advice from experts in the areas of special

targeted recruitment and diversity in employment.

Sec. 4. Responsibilities of the Office of Personnel Management.

The Office of Personnel Management is required by law and

regulations to undertake a Government-wide minority recruitment

effort. Pursuant to that on-going effort and in implementation of

this order, the Director of OPM shall:

(a) provide Federal human resources management policy guidance to

address Hispanic underrepresentation where it occurs;

(b) take the lead in promoting diversity to executive agencies

for such actions as deemed appropriate to promote equal employment

opportunity;

(c) within 180 days from the date of this order, prescribe such

regulations as may be necessary to carry out the purposes of this

order;

(d) within 60 days from the date of this order, establish an

Interagency Task Force, chaired by the Director and composed of

agency officials at the Deputy Secretary level, or the equivalent.

This Task Force shall meet semi-annually to:

(1) review best practices in strategic human resources

management planning, including alignment with agency GPRA plans;

(2) assess overall executive branch progress in complying with

the requirements of this order;

(3) provide advice on ways to increase Hispanic community

involvement; and

(4) recommend any further actions, as appropriate, in

eliminating the underrepresentation of Hispanics in the Federal

workforce where it occurs; and

(e) issue an annual report with findings and recommendations to

the President on the progress made by agencies on matters related

to this order. The first annual report shall be issued no later

than 1 year from the date of this order.

Sec. 5. Judicial Review. This order is intended only to improve

the internal management of the executive branch. It does not create

any right or benefit, substantive or procedural, enforceable in law

or equity except as may be identified in existing laws and

regulations, by a party against the United States, its agencies,

its officers or employees, or any other person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12111 of this title; title

43 section 1626.

-End-

-CITE-

42 USC Sec. 2000e-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-1. Applicability to foreign and religious employment

-STATUTE-

(a) Inapplicability of subchapter to certain aliens and employees

of religious entities

This subchapter shall not apply to an employer with respect to

the employment of aliens outside any State, or to a religious

corporation, association, educational institution, or society with

respect to the employment of individuals of a particular religion

to perform work connected with the carrying on by such corporation,

association, educational institution, or society of its activities.

(b) Compliance with statute as violative of foreign law

It shall not be unlawful under section 2000e-2 or 2000e-3 of this

title for an employer (or a corporation controlled by an employer),

labor organization, employment agency, or joint labor-management

committee controlling apprenticeship or other training or

retraining (including on-the-job training programs) to take any

action otherwise prohibited by such section, with respect to an

employee in a workplace in a foreign country if compliance with

such section would cause such employer (or such corporation), such

organization, such agency, or such committee to violate the law of

the foreign country in which such workplace is located.

(c) Control of corporation incorporated in foreign country

(1) If an employer controls a corporation whose place of

incorporation is a foreign country, any practice prohibited by

section 2000e-2 or 2000e-3 of this title engaged in by such

corporation shall be presumed to be engaged in by such employer.

(2) Sections 2000e-2 and 2000e-3 of this title shall not apply

with respect to the foreign operations of an employer that is a

foreign person not controlled by an American employer.

(3) For purposes of this subsection, the determination of whether

an employer controls a corporation shall be based on -

(A) the interrelation of operations;

(B) the common management;

(C) the centralized control of labor relations; and

(D) the common ownership or financial control,

of the employer and the corporation.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 702, July 2, 1964, 78 Stat. 255;

Pub. L. 92-261, Sec. 3, Mar. 24, 1972, 86 Stat. 103; Pub. L.

102-166, title I, Sec. 109(b)(1), Nov. 21, 1991, 105 Stat. 1077.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-166 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1972 - Pub. L. 92-261 struck out exemption for employment of

individuals engaged in educational activities of nonreligious

educational institutions.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 inapplicable to conduct occurring

before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set

out as a note under section 2000e of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290kk-1, 300x-65, 604a,

9920 of this title.

-End-