§5332 — Title 49 Transportation | U.S. Code

Summary

No one can be left out of, denied benefits from, or treated unfairly by any project, program, or activity that gets federal money under this law because of race, color, religion, national origin, sex, disability, or age. The Secretary must enforce that rule. If a recipient is not following it, the Secretary will tell them to fix the problem. If they do not fix it in a reasonable time, the Secretary may stop federal funds, refer the case to the Attorney General to sue, use Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or take other legal action. The Attorney General may sue when referred or when there is a pattern or practice of violations. Person means government bodies and various legal entities like trusts, trustees, bankruptcy trustees, receivers, and unincorporated organizations.

Title 49, §5332

Transportation — Source: USLM XML via OLRC

(a)In this section, “person” includes a governmental authority, political subdivision, authority, legal representative, trust, unincorporated organization, trustee, trustee in bankruptcy, and receiver.

(b)A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, religion, national origin, sex, disability, or age.

(c)(1)The Secretary shall take affirmative action to ensure compliance with subsection (b) of this section.

(2)When the Secretary decides that a person receiving financial assistance under this chapter is not complying with subsection (b) of this section, a civil rights law of the United States, or a regulation or order under that law, the Secretary shall notify the person of the decision and require action be taken to ensure compliance with subsection (b).

(d)If a person does not comply with subsection (b) of this section within a reasonable time after receiving notice, the Secretary shall—

(1)direct that no further financial assistance of the United States Government under this chapter be provided to the person;

(2)refer the matter to the Attorney General with a recommendation that a civil action be brought;

(3)proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or

(4)take any other action provided by law.

(e)The Attorney General may bring a civil action for appropriate relief when—

(1)a matter is referred to the Attorney General under subsection (d)(2) of this section; or

(2)the Attorney General believes a person is engaged in a pattern or practice in violation of this section.

(f)This section applies to an employment or business opportunity and is in addition to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5332(a)49 App.:1615(a)(5).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 19; added Nov. 6, 1978, Pub. L. 95–599, § 314, 92 Stat. 2750. 5332(b)49 App.:1615(a)(1) (1st sentence). 5332(c)49 App.:1615(a)(2), (3)(A). 5332(d)49 App.:1615(a)(3)(B). 5332(e)49 App.:1615(a)(4). 5332(f)49 App.:1615(a)(1) (last sentence). In subsection (a), the words “the term” and “one or more” are omitted as surplus. The words “partnerships, associations, corporations” and “mutual companies, joint-stock companies” are omitted because of 1:1. In subsection (b), the word “receiving” is substituted for “funded in whole or in part through” to eliminate unnecessary words. In subsection (c)(2), the words “directly or indirectly”, “issued”, and “necessary” are omitted as surplus. In subsection (d), before clause (1), the words “does not” are substituted for “fails or refuses to” to eliminate unnecessary words. The words “period of” and “pursuant to paragraph (a) of this subsection” are omitted as surplus. In clause (2), the word “appropriate” is omitted as surplus. In clause (3), the words “proceed under” are substituted for “exercise the powers and functions provided by” to eliminate unnecessary words. In subsection (e), before clause (1), the words “in any appropriate district court of the United States” and “including injunctive relief” are omitted as surplus. In subsection (f), the words “considered to be” and “and not in lieu of” are omitted as surplus.

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of Title 42 and Tables.

Amendments

2012—Subsec. (b). Pub. L. 112–141, § 20023(a)(1), substituted “religion” for “creed” and inserted “disability,” after “sex,”. Subsec. (c)(1). Pub. L. 112–141, § 20030(g), struck out “of Transportation” after “Secretary”. Subsec. (d)(3). Pub. L. 112–141, § 20023(a)(2), substituted “or” for “and”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§5332 Nondiscrimination