42 U.S.C. 2000d - Title of the Civil Right Act of 1965

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(Pub. L. 88–352, title IV, § 407, July 2, 1964, 78
Stat. 248; Pub. L. 92–318, title IX, § 906(a), June
23, 1972, 86 Stat. 375.)
AMENDMENTS
1972—Subsec. (a)(2). Pub. L. 92–318 inserted ‘‘sex’’
after ‘‘religion,’’.

§ 2000c–7. Liability of United States for costs
In any action or proceeding under this subchapter the United States shall be liable for
costs the same as a private person.
(Pub. L. 88–352, title IV, § 408, July 2, 1964, 78
Stat. 249.)
§ 2000c–8. Personal suits for relief against discrimination in public education
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.
(Pub. L. 88–352, title IV, § 409, July 2, 1964, 78
Stat. 249.)
§ 2000c–9. Classification and assignment
Nothing in this subchapter shall prohibit classification and assignment for reasons other than
race, color, religion, sex or national origin.
(Pub. L. 88–352, title IV, § 410, July 2, 1964, 78
Stat. 249; Pub. L. 92–318, title IX, § 906(a), June
23, 1972, 86 Stat. 375.)

§ 2000d

AMENDMENTS
1972—Pub. L. 92–318 inserted ‘‘sex’’ after ‘‘religion,’’.

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
No person in the United States shall, on the
ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
(Pub. L. 88–352, title VI, § 601, July 2, 1964, 78
Stat. 252.)
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the provisions of this
subchapter by the Attorney General, see section 1–201
of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out
as a note under section 2000d–1 of this title.
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 sexbased 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 ori-

§ 2000d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

entation, 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

Page 4400

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 agebased 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 3year 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.

§ 2000d–1. Federal authority and financial assistance to programs or activities by way of
grant, loan, or contract other than contract
of insurance or guaranty; rules and regulations; approval by President; compliance
with requirements; reports to Congressional
committees; effective date of administrative
action
Each Federal department and agency which is
empowered to extend Federal financial assistance to any program or activity, by way of
grant, loan, or contract other than a contract of
insurance or guaranty, is authorized and directed to effectuate the provisions of section
2000d of this title with respect to such program
or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the
statute authorizing the financial assistance in
connection with which the action is taken. No
such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted
pursuant to this section may be effected (1) by
the termination of or refusal to grant or to continue assistance under such program or activity
to any recipient as to whom there has been an
express finding on the record, after opportunity
for hearing, of a failure to comply with such requirement, but such termination or refusal shall
be limited to the particular political entity, or
part thereof, or other recipient as to whom such
a finding has been made and, shall be limited in

§ 2000d–1

its effect to the particular program, or part
thereof, in which such noncompliance has been
so found, or (2) by any other means authorized
by law: Provided, however, That no such action
shall be taken until the department or agency
concerned has advised the appropriate person or
persons of the failure to comply with the requirement and has determined that compliance
cannot be secured by voluntary means. In the
case of any action terminating, or refusing to
grant or continue, assistance because of failure
to comply with a requirement imposed pursuant
to this section, the head of the Federal department or agency shall file with the committees of
the House and Senate having legislative jurisdiction over the program or activity involved a
full written report of the circumstances and the
grounds for such action. No such action shall become effective until thirty days have elapsed
after the filing of such report.
(Pub. L. 88–352, title VI, § 602, July 2, 1964, 78
Stat. 252.)
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.
EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT
Nondiscrimination in government employment and in
employment by government contractors and subcontractors, see Ex. Ord. No. 11246, eff. Sept. 24, 1965, 30
F.R. 12319, and Ex. Ord. No. 11478, eff. Aug. 8, 1969, 34
F.R. 12985, set out as notes under section 2000e of this
title.
EXECUTIVE ORDER NO. 11247
Ex. Ord. No. 11247, eff. Sept. 24, 1965, 30 F.R. 12327,
which related to 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
AND
ENFORCEMENT
OF
NONIMPLEMENTATION
DISCRIMINATION 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:
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.