-CITE-    
    42 USC CHAPTER 21 - CIVIL RIGHTS                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS

-HEAD-
                         CHAPTER 21 - CIVIL RIGHTS                     

-MISC1-
                         SUBCHAPTER I - GENERALLY                     
    Sec.                                                     
    1981.       Equal rights under the law.                       
    1981a.      Damages in cases of intentional discrimination in
                     employment.                                      
    1982.       Property rights of citizens.                      
    1983.       Civil action for deprivation of rights.           
    1984.       Omitted.                                          
    1985.       Conspiracy to interfere with civil rights.        
    1986.       Action for neglect to prevent.                    
    1987.       Prosecution of violation of certain laws.         
    1988.       Proceedings in vindication of civil rights.       
    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       Repealed.                                         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.       
    1996b.      Interethnic adoption.                             

                SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS            
    1997.       Definitions.                                      
    1997a.      Initiation of civil actions.                      
    1997b.      Certification requirements; Attorney General to
                     personally sign certification.                   
    1997c.      Intervention in actions.                          
    1997d.      Prohibition of retaliation.                       
    1997e.      Suits by prisoners.                               
    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.               
    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.              
    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.            
    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.            
    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.            
    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.                            
    2000d-7.    Civil rights remedies equalization.               

              SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES          
    2000e.      Definitions.                                      
    2000e-1.    Exemption.                                        
    2000e-2.    Unlawful employment practices.                    
    2000e-3.    Other unlawful employment practices.              
    2000e-4.    Equal Employment Opportunity Commission.          
    2000e-5.    Enforcement provisions.                           
    2000e-6.    Civil actions by the Attorney General.            
    2000e-7.    Effect on State laws.                             
    2000e-8.    Investigations.                                   
    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.                 
    2000e-16a.  Short title; purpose; definition.                 
    2000e-16b.  Discriminatory practices prohibited.              
    2000e-16c.  Coverage of previously exempt State employees.    
    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.                                     

-End-


-CITE-
    42 USC SUBCHAPTER I - GENERALLY                             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I - GENERALLY

-HEAD-
                         SUBCHAPTER I - GENERALLY                     

-End-



-CITE-
    42 USC Sec. 1981                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    42 USC Sec. 1981a                                           01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    42 USC Sec. 1982                                            01/03/2007

-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.]

-End-



-CITE-
    42 USC Sec. 1983                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1984                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1986                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1987                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1988                                            01/03/2007

-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'."

-End-



-CITE-
    42 USC Sec. 1989                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1990                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1991                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 1993. Repealed.

-MISC1-
    Sec. 1993. Repealed. Pub. L. 85-315, pt. III, Sec. 122, Sept. 9,
      1957, 71 Stat. 637.
      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                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1996                                            01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1996a                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 1996b                                           01/03/2007

-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           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS

-HEAD-
                SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS            

-End-



-CITE-
    42 USC Sec. 1997                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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'."

-End-



-CITE-
    42 USC Sec. 1997a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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."

-End-



-CITE-
    42 USC Sec. 1997b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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."

-End-



-CITE-
    42 USC Sec. 1997d                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I-A - 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                01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER II - PUBLIC ACCOMMODATIONS

-HEAD-
                   SUBCHAPTER II - PUBLIC ACCOMMODATIONS               

-End-



-CITE-
    42 USC Sec. 2000a                                           01/03/2007

-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'."

-End-



-CITE-
    42 USC Sec. 2000a-1                                         01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 2000a-2                                         01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 2000a-3                                         01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 2000a-4                                         01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 2000a-5                                         01/03/2007

-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                                         01/03/2007

-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                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER III - PUBLIC FACILITIES

-HEAD-
                    SUBCHAPTER III - PUBLIC FACILITIES                

-End-



-CITE-
    42 USC Sec. 2000b                                           01/03/2007

-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                                         01/03/2007

-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                                         01/03/2007

-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                                         01/03/2007

-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                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IV - PUBLIC EDUCATION

-HEAD-
                     SUBCHAPTER IV - PUBLIC EDUCATION                 

-End-



-CITE-
    42 USC Sec. 2000c                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 2000c-1                                         01/03/2007

-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                                         01/03/2007

-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                                         01/03/2007

-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                                         01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 2000c-5                                         01/03/2007

-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                                         01/03/2007

-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,".

-End-



-CITE-
    42 USC Sec. 2000c-7                                         01/03/2007

-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                                         01/03/2007

-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                                         01/03/2007

-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           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

-HEAD-
                SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS            

-End-



-CITE-
    42 USC Sec. 2000d                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 2000d-1                                         01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 2000d-2                                         01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 2000d-3                                         01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 2000d-4                                         01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 2000d-4a                                        01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 2000d-5                                         01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 2000d-6                                         01/03/2007

-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                                         01/03/2007

-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       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
              SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES          

-End-



-CITE-
    42 USC Sec. 2000e                                           01/03/2007

-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 [now Government
    Accountability 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.

-End-



-CITE-
    42 USC Sec. 2000e-1                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-1. Exemption

-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 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "This subchapter shall not apply to an employer with
    respect to the employment of aliens outside any State, or to a
    religious corporation, association, 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, or
    society of its religious activities or to an educational
    institution with respect to the employment of individuals to
    perform work connected with the educational activities of such
    institution."

                     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.

-End-



-CITE-
    42 USC Sec. 2000e-2                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-2. Unlawful employment practices

-STATUTE-
    (a) Employer practices
      It shall be an unlawful employment practice for an employer - 
        (1) to fail or refuse to hire or to discharge any individual,
      or otherwise to discriminate against any individual with respect
      to his compensation, terms, conditions, or privileges of
      employment, because of such individual's race, color, religion,
      sex, or national origin; or
        (2) to limit, segregate, or classify his employees or
      applicants for employment in any way which would deprive or tend
      to deprive any individual of employment opportunities or
      otherwise adversely affect his status as an employee, because of
      such individual's race, color, religion, sex, or national origin.
    (b) Employment agency practices
      It shall be an unlawful employment practice for an employment
    agency to fail or refuse to refer for employment, or otherwise to
    discriminate against, any individual because of his race, color,
    religion, sex, or national origin, or to classify or refer for
    employment any individual on the basis of his race, color,
    religion, sex, or national origin.
    (c) Labor organization practices
      It shall be an unlawful employment practice for a labor
    organization - 
        (1) to exclude or to expel from its membership, or otherwise to
      discriminate against, any individual because of his race, color,
      religion, sex, or national origin;
        (2) to limit, segregate, or classify its membership or
      applicants for membership, or to classify or fail or refuse to
      refer for employment any individual, in any way which would
      deprive or tend to deprive any individual of employment
      opportunities, or would limit such employment opportunities or
      otherwise adversely affect his status as an employee or as an
      applicant for employment, because of such individual's race,
      color, religion, sex, or national origin; or
        (3) to cause or attempt to cause an employer to discriminate
      against an individual in violation of this section.
    (d) Training programs
      It shall be an unlawful employment practice for any employer,
    labor organization, or joint labor-management committee controlling
    apprenticeship or other training or retraining, including on-the-
    job training programs to discriminate against any individual
    because of his race, color, religion, sex, or national origin in
    admission to, or employment in, any program established to provide
    apprenticeship or other training.
    (e) Businesses or enterprises with personnel qualified on basis of
      religion, sex, or national origin; educational institutions with
      personnel of particular religion
      Notwithstanding any other provision of this subchapter, (1) it
    shall not be an unlawful employment practice for an employer to
    hire and employ employees, for an employment agency to classify, or
    refer for employment any individual, for a labor organization to
    classify its membership or to classify or refer for employment any
    individual, or for an employer, labor organization, or joint labor-
    management committee controlling apprenticeship or other training
    or retraining programs to admit or employ any individual in any
    such program, on the basis of his religion, sex, or national origin
    in those certain instances where religion, sex, or national origin
    is a bona fide occupational qualification reasonably necessary to
    the normal operation of that particular business or enterprise, and
    (2) it shall not be an unlawful employment practice for a school,
    college, university, or other educational institution or
    institution of learning to hire and employ employees of a
    particular religion if such school, college, university, or other
    educational institution or institution of learning is, in whole or
    in substantial part, owned, supported, controlled, or managed by a
    particular religion or by a particular religious corporation,
    association, or society, or if the curriculum of such school,
    college, university, or other educational institution or
    institution of learning is directed toward the propagation of a
    particular religion.
    (f) Members of Communist Party or Communist-action or Communist-
      front organizations
      As used in this subchapter, the phrase "unlawful employment
    practice" shall not be deemed to include any action or measure
    taken by an employer, labor organization, joint labor-management
    committee, or employment agency with respect to an individual who
    is a member of the Communist Party of the United States or of any
    other organization required to register as a Communist-action or
    Communist-front organization by final order of the Subversive
    Activities Control Board pursuant to the Subversive Activities
    Control Act of 1950 [50 U.S.C. 781 et seq.].
    (g) National security
      Notwithstanding any other provision of this subchapter, it shall
    not be an unlawful employment practice for an employer to fail or
    refuse to hire and employ any individual for any position, for an
    employer to discharge any individual from any position, or for an
    employment agency to fail or refuse to refer any individual for
    employment in any position, or for a labor organization to fail or
    refuse to refer any individual for employment in any position, if -
    
        (1) the occupancy of such position, or access to the premises
      in or upon which any part of the duties of such position is
      performed or is to be performed, is subject to any requirement
      imposed in the interest of the national security of the United
      States under any security program in effect pursuant to or
      administered under any statute of the United States or any
      Executive order of the President; and
        (2) such individual has not fulfilled or has ceased to fulfill
      that requirement.
    (h) Seniority or merit system; quantity or quality of production;
      ability tests; compensation based on sex and authorized by
      minimum wage provisions
      Notwithstanding any other provision of this subchapter, it shall
    not be an unlawful employment practice for an employer to apply
    different standards of compensation, or different terms,
    conditions, or privileges of employment pursuant to a bona fide
    seniority or merit system, or a system which measures earnings by
    quantity or quality of production or to employees who work in
    different locations, provided that such differences are not the
    result of an intention to discriminate because of race, color,
    religion, sex, or national origin, nor shall it be an unlawful
    employment practice for an employer to give and to act upon the
    results of any professionally developed ability test provided that
    such test, its administration or action upon the results is not
    designed, intended or used to discriminate because of race, color,
    religion, sex or national origin. It shall not be an unlawful
    employment practice under this subchapter for any employer to
    differentiate upon the basis of sex in determining the amount of
    the wages or compensation paid or to be paid to employees of such
    employer if such differentiation is authorized by the provisions of
    section 206(d) of title 29.
    (i) Businesses or enterprises extending preferential treatment to
      Indians
      Nothing contained in this subchapter shall apply to any business
    or enterprise on or near an Indian reservation with respect to any
    publicly announced employment practice of such business or
    enterprise under which a preferential treatment is given to any
    individual because he is an Indian living on or near a reservation.
    (j) Preferential treatment not to be granted on account of existing
      number or percentage imbalance
      Nothing contained in this subchapter shall be interpreted to
    require any employer, employment agency, labor organization, or
    joint labor-management committee subject to this subchapter to
    grant preferential treatment to any individual or to any group
    because of the race, color, religion, sex, or national origin of
    such individual or group on account of an imbalance which may exist
    with respect to the total number or percentage of persons of any
    race, color, religion, sex, or national origin employed by any
    employer, referred or classified for employment by any employment
    agency or labor organization, admitted to membership or classified
    by any labor organization, or admitted to, or employed in, any
    apprenticeship or other training program, in comparison with the
    total number or percentage of persons of such race, color,
    religion, sex, or national origin in any community, State, section,
    or other area, or in the available work force in any community,
    State, section, or other area.
    (k) Burden of proof in disparate impact cases
      (1)(A) An unlawful employment practice based on disparate impact
    is established under this subchapter only if - 
        (i) a complaining party demonstrates that a respondent uses a
      particular employment practice that causes a disparate impact on
      the basis of race, color, religion, sex, or national origin and
      the respondent fails to demonstrate that the challenged practice
      is job related for the position in question and consistent with
      business necessity; or
        (ii) the complaining party makes the demonstration described in
      subparagraph (C) with respect to an alternative employment
      practice and the respondent refuses to adopt such alternative
      employment practice.

      (B)(i) With respect to demonstrating that a particular employment
    practice causes a disparate impact as described in subparagraph
    (A)(i), the complaining party shall demonstrate that each
    particular challenged employment practice causes a disparate
    impact, except that if the complaining party can demonstrate to the
    court that the elements of a respondent's decisionmaking process
    are not capable of separation for analysis, the decisionmaking
    process may be analyzed as one employment practice.
      (ii) If the respondent demonstrates that a specific employment
    practice does not cause the disparate impact, the respondent shall
    not be required to demonstrate that such practice is required by
    business necessity.
      (C) The demonstration referred to by subparagraph (A)(ii) shall
    be in accordance with the law as it existed on June 4, 1989, with
    respect to the concept of "alternative employment practice".
      (2) A demonstration that an employment practice is required by
    business necessity may not be used as a defense against a claim of
    intentional discrimination under this subchapter.
      (3) Notwithstanding any other provision of this subchapter, a
    rule barring the employment of an individual who currently and
    knowingly uses or possesses a controlled substance, as defined in
    schedules I and II of section 102(6) of the Controlled Substances
    Act (21 U.S.C. 802(6)), other than the use or possession of a drug
    taken under the supervision of a licensed health care professional,
    or any other use or possession authorized by the Controlled
    Substances Act [21 U.S.C. 801 et seq.] or any other provision of
    Federal law, shall be considered an unlawful employment practice
    under this subchapter only if such rule is adopted or applied with
    an intent to discriminate because of race, color, religion, sex, or
    national origin.
    (l) Prohibition of discriminatory use of test scores
      It shall be an unlawful employment practice for a respondent, in
    connection with the selection or referral of applicants or
    candidates for employment or promotion, to adjust the scores of,
    use different cutoff scores for, or otherwise alter the results of,
    employment related tests on the basis of race, color, religion,
    sex, or national origin.
    (m) Impermissible consideration of race, color, religion, sex, or
      national origin in employment practices
      Except as otherwise provided in this subchapter, an unlawful
    employment practice is established when the complaining party
    demonstrates that race, color, religion, sex, or national origin
    was a motivating factor for any employment practice, even though
    other factors also motivated the practice.
    (n) Resolution of challenges to employment practices implementing
      litigated or consent judgments or orders
      (1)(A) Notwithstanding any other provision of law, and except as
    provided in paragraph (2), an employment practice that implements
    and is within the scope of a litigated or consent judgment or order
    that resolves a claim of employment discrimination under the
    Constitution or Federal civil rights laws may not be challenged
    under the circumstances described in subparagraph (B).
      (B) A practice described in subparagraph (A) may not be
    challenged in a claim under the Constitution or Federal civil
    rights laws - 
        (i) by a person who, prior to the entry of the judgment or
      order described in subparagraph (A), had - 
          (I) actual notice of the proposed judgment or order
        sufficient to apprise such person that such judgment or order
        might adversely affect the interests and legal rights of such
        person and that an opportunity was available to present
        objections to such judgment or order by a future date certain;
        and
          (II) a reasonable opportunity to present objections to such
        judgment or order; or

        (ii) by a person whose interests were adequately represented by
      another person who had previously challenged the judgment or
      order on the same legal grounds and with a similar factual
      situation, unless there has been an intervening change in law or
      fact.

      (2) Nothing in this subsection shall be construed to - 
        (A) alter the standards for intervention under rule 24 of the
      Federal Rules of Civil Procedure or apply to the rights of
      parties who have successfully intervened pursuant to such rule in
      the proceeding in which the parties intervened;
        (B) apply to the rights of parties to the action in which a
      litigated or consent judgment or order was entered, or of members
      of a class represented or sought to be represented in such
      action, or of members of a group on whose behalf relief was
      sought in such action by the Federal Government;
        (C) prevent challenges to a litigated or consent judgment or
      order on the ground that such judgment or order was obtained
      through collusion or fraud, or is transparently invalid or was
      entered by a court lacking subject matter jurisdiction; or
        (D) authorize or permit the denial to any person of the due
      process of law required by the Constitution.

      (3) Any action not precluded under this subsection that
    challenges an employment consent judgment or order described in
    paragraph (1) shall be brought in the court, and if possible before
    the judge, that entered such judgment or order. Nothing in this
    subsection shall preclude a transfer of such action pursuant to
    section 1404 of title 28.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 703, July 2, 1964, 78 Stat. 255;
    Pub. L. 92-261, Sec. 8(a), (b), Mar. 24, 1972, 86 Stat. 109; Pub.
    L. 102-166, title I, Secs. 105(a), 106, 107(a), 108, Nov. 21, 1991,
    105 Stat. 1074-1076.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Subversive Activities Control Act of 1950, referred to in
    subsec. (f), is title I (Secs. 1-32) of act Sept. 23, 1950, ch.
    1024, 64 Stat. 987, as amended, which is classified principally to
    subchapter I (Sec. 781 et seq.) of chapter 23 of Title 50, War and
    National Defense. For complete classification of this Act to the
    Code, see Tables.
      The Controlled Substances Act, referred to in subsec. (k)(3), is
    title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
    amended, which is classified principally to subchapter I (Sec. 801
    et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 801 of Title 21 and Tables.
      The Federal civil rights laws, referred to in subsec. (n)(1), are
    classified generally to chapter 21 (Sec. 1981 et seq.) of this
    title.
      The Federal Rules of Civil Procedure, referred to in subsec.
    (n)(2)(A), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (k). Pub. L. 102-166, Sec. 105(a), added subsec.
    (k).
      Subsec. (l). Pub. L. 102-166, Sec. 106, added subsec. (l).
      Subsec. (m). Pub. L. 102-166, Sec. 107(a), added subsec. (m).
      Subsec. (n). Pub. L. 102-166, Sec. 108, added subsec. (n).
      1972 - Subsec. (a)(2). Pub. L. 92-261, Sec. 8(a), inserted "or
    applicants for employment" after "his employees".
      Subsec. (c)(2). Pub. L. 92-261, Sec. 8(b), inserted "or
    applicants for membership" after "membership".

                     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.

                    SUBVERSIVE ACTIVITIES CONTROL BOARD                
      Subversive Activities Control Board established by act Sept. 23,
    1950, ch. 1024, Sec. 12, 64 Stat. 977, and ceased to operate on
    June 30, 1973.

-End-



-CITE-
    42 USC Sec. 2000e-3                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-3. Other unlawful employment practices

-STATUTE-
    (a) Discrimination for making charges, testifying, assisting, or
      participating in enforcement proceedings
      It shall be an unlawful employment practice for an employer to
    discriminate against any of his employees or applicants for
    employment, for an employment agency, or joint labor-management
    committee controlling apprenticeship or other training or
    retraining, including on-the-job training programs, to discriminate
    against any individual, or for a labor organization to discriminate
    against any member thereof or applicant for membership, because he
    has opposed any practice made an unlawful employment practice by
    this subchapter, or because he has made a charge, testified,
    assisted, or participated in any manner in an investigation,
    proceeding, or hearing under this subchapter.
    (b) Printing or publication of notices or advertisements indicating
      prohibited preference, limitation, specification, or
      discrimination; occupational qualification exception
      It shall be an unlawful employment practice for 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 print or
    publish or cause to be printed or published any notice or
    advertisement relating to employment by such an employer or
    membership in or any classification or referral for employment by
    such a labor organization, or relating to any classification or
    referral for employment by such an employment agency, or relating
    to admission to, or employment in, any program established to
    provide apprenticeship or other training by such a joint labor-
    management committee, indicating any preference, limitation,
    specification, or discrimination, based on race, color, religion,
    sex, or national origin, except that such a notice or advertisement
    may indicate a preference, limitation, specification, or
    discrimination based on religion, sex, or national origin when
    religion, sex, or national origin is a bona fide occupational
    qualification for employment.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 704, July 2, 1964, 78 Stat. 257;
    Pub. L. 92-261, Sec. 8(c), Mar. 24, 1972, 86 Stat. 109.)


-MISC1-
                                AMENDMENTS                            
      1972 - Subsec. (a). Pub. L. 92-261, Sec. 8(c)(1), inserted
    provision making it an unlawful employment practice for a joint
    labor-management committee controlling apprenticeship or other
    training or retraining, including on-the-job training programs, to
    discriminate against the specified individuals.
      Subsec. (b). Pub. L. 92-261, Sec. 8(c)(2), inserted provisions
    making prohibitions applicable to joint labor-management committees
    controlling apprenticeship or other training or retraining,
    including on-the-job training programs, and notices or
    advertisements of such joint labor-management committees relating
    to admission to, or employment in, any program established to
    provide apprenticeship or other training.

-End-



-CITE-
    42 USC Sec. 2000e-4                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-4. Equal Employment Opportunity Commission

-STATUTE-
    (a) Creation; composition; political representation; appointment;
      term; vacancies; Chairman and Vice Chairman; duties of Chairman;
      appointment of personnel; compensation of personnel
      There is hereby created a Commission to be known as the Equal
    Employment Opportunity Commission, which shall be composed of five
    members, not more than three of whom shall be members of the same
    political party. Members of the Commission shall be appointed by
    the President by and with the advice and consent of the Senate for
    a term of five years. Any individual chosen to fill a vacancy shall
    be appointed only for the unexpired term of the member whom he
    shall succeed, and all members of the Commission shall continue to
    serve until their successors are appointed and qualified, except
    that no such member of the Commission shall continue to serve (1)
    for more than sixty days when the Congress is in session unless a
    nomination to fill such vacancy shall have been submitted to the
    Senate, or (2) after the adjournment sine die of the session of the
    Senate in which such nomination was submitted. The President shall
    designate one member to serve as Chairman of the Commission, and
    one member to serve as Vice Chairman. The Chairman shall be
    responsible on behalf of the Commission for the administrative
    operations of the Commission, and, except as provided in subsection
    (b) of this section, shall appoint, in accordance with the
    provisions of title 5 governing appointments in the competitive
    service, such officers, agents, attorneys, administrative law
    judges, and employees as he deems necessary to assist it in the
    performance of its functions and to fix their compensation in
    accordance with the provisions of chapter 51 and subchapter III of
    chapter 53 of title 5, relating to classification and General
    Schedule pay rates: Provided, That assignment, removal, and
    compensation of administrative law judges shall be in accordance
    with sections 3105, 3344, 5372, and 7521 of title 5.
    (b) General Counsel; appointment; term; duties; representation by
      attorneys and Attorney General
      (1) There shall be a General Counsel of the Commission appointed
    by the President, by and with the advice and consent of the Senate,
    for a term of four years. The General Counsel shall have
    responsibility for the conduct of litigation as provided in
    sections 2000e-5 and 2000e-6 of this title. The General Counsel
    shall have such other duties as the Commission may prescribe or as
    may be provided by law and shall concur with the Chairman of the
    Commission on the appointment and supervision of regional
    attorneys. The General Counsel of the Commission on the effective
    date of this Act shall continue in such position and perform the
    functions specified in this subsection until a successor is
    appointed and qualified.
      (2) Attorneys appointed under this section may, at the direction
    of the Commission, appear for and represent the Commission in any
    case in court, provided that the Attorney General shall conduct all
    litigation to which the Commission is a party in the Supreme Court
    pursuant to this subchapter.
    (c) Exercise of powers during vacancy; quorum
      A vacancy in the Commission shall not impair the right of the
    remaining members to exercise all the powers of the Commission and
    three members thereof shall constitute a quorum.
    (d) Seal; judicial notice
      The Commission shall have an official seal which shall be
    judicially noticed.
    (e) Reports to Congress and the President
      The Commission shall at the close of each fiscal year report to
    the Congress and to the President concerning the action it has
    taken and the moneys it has disbursed. It shall make such further
    reports on the cause of and means of eliminating discrimination and
    such recommendations for further legislation as may appear
    desirable.
    (f) Principal and other offices
      The principal office of the Commission shall be in or near the
    District of Columbia, but it may meet or exercise any or all its
    powers at any other place. The Commission may establish such
    regional or State offices as it deems necessary to accomplish the
    purpose of this subchapter.
    (g) Powers of Commission
      The Commission shall have power - 
        (1) to cooperate with and, with their consent, utilize
      regional, State, local, and other agencies, both public and
      private, and individuals;
        (2) to pay to witnesses whose depositions are taken or who are
      summoned before the Commission or any of its agents the same
      witness and mileage fees as are paid to witnesses in the courts
      of the United States;
        (3) to furnish to persons subject to this subchapter such
      technical assistance as they may request to further their
      compliance with this subchapter or an order issued thereunder;
        (4) upon the request of (i) any employer, whose employees or
      some of them, or (ii) any labor organization, whose members or
      some of them, refuse or threaten to refuse to cooperate in
      effectuating the provisions of this subchapter, to assist in such
      effectuation by conciliation or such other remedial action as is
      provided by this subchapter;
        (5) to make such technical studies as are appropriate to
      effectuate the purposes and policies of this subchapter and to
      make the results of such studies available to the public;
        (6) to intervene in a civil action brought under section 2000e-
      5 of this title by an aggrieved party against a respondent other
      than a government, governmental agency or political subdivision.
    (h) Cooperation with other departments and agencies in performance
      of educational or promotional activities; outreach activities
      (1) The Commission shall, in any of its educational or
    promotional activities, cooperate with other departments and
    agencies in the performance of such educational and promotional
    activities.
      (2) In exercising its powers under this subchapter, the
    Commission shall carry out educational and outreach activities
    (including dissemination of information in languages other than
    English) targeted to - 
        (A) individuals who historically have been victims of
      employment discrimination and have not been equitably served by
      the Commission; and
        (B) individuals on whose behalf the Commission has authority to
      enforce any other law prohibiting employment discrimination,

    concerning rights and obligations under this subchapter or such
    law, as the case may be.
    (i) Personnel subject to political activity restrictions
      All officers, agents, attorneys, and employees of the Commission
    shall be subject to the provisions of section 7324 (!1) of title 5,
    notwithstanding any exemption contained in such section.

    (j) Technical Assistance Training Institute
      (1) The Commission shall establish a Technical Assistance
    Training Institute, through which the Commission shall provide
    technical assistance and training regarding the laws and
    regulations enforced by the Commission.
      (2) An employer or other entity covered under this subchapter
    shall not be excused from compliance with the requirements of this
    subchapter because of any failure to receive technical assistance
    under this subsection.
      (3) There are authorized to be appropriated to carry out this
    subsection such sums as may be necessary for fiscal year 1992.
    (k) EEOC Education, Technical Assistance, and Training Revolving
      Fund
      (1) There is hereby established in the Treasury of the United
    States a revolving fund to be known as the "EEOC Education,
    Technical Assistance, and Training Revolving Fund" (hereinafter in
    this subsection referred to as the "Fund") and to pay the cost
    (including administrative and personnel expenses) of providing
    education, technical assistance, and training relating to laws
    administered by the Commission. Monies in the Fund shall be
    available without fiscal year limitation to the Commission for such
    purposes.
      (2)(A) The Commission shall charge fees in accordance with the
    provisions of this paragraph to offset the costs of education,
    technical assistance, and training provided with monies in the
    Fund. Such fees for any education, technical assistance, or
    training - 
        (i) shall be imposed on a uniform basis on persons and entities
      receiving such education, assistance, or training,
        (ii) shall not exceed the cost of providing such education,
      assistance, and training, and
        (iii) with respect to each person or entity receiving such
      education, assistance, or training, shall bear a reasonable
      relationship to the cost of providing such education, assistance,
      or training to such person or entity.

      (B) Fees received under subparagraph (A) shall be deposited in
    the Fund by the Commission.
      (C) The Commission shall include in each report made under
    subsection (e) of this section information with respect to the
    operation of the Fund, including information, presented in the
    aggregate, relating to - 
        (i) the number of persons and entities to which the Commission
      provided education, technical assistance, or training with monies
      in the Fund, in the fiscal year for which such report is
      prepared,
        (ii) the cost to the Commission to provide such education,
      technical assistance, or training to such persons and entities,
      and
        (iii) the amount of any fees received by the Commission from
      such persons and entities for such education, technical
      assistance, or training.

      (3) The Secretary of the Treasury shall invest the portion of the
    Fund not required to satisfy current expenditures from the Fund, as
    determined by the Commission, in obligations of the United States
    or obligations guaranteed as to principal by the United States.
    Investment proceeds shall be deposited in the Fund.
      (4) There is hereby transferred to the Fund $1,000,000 from the
    Salaries and Expenses appropriation of the Commission.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 705, July 2, 1964, 78 Stat. 258;
    Pub. L. 92-261, Sec. 8(d)-(f), Mar. 24, 1972, 86 Stat. 109, 110;
    Pub. L. 93-608, Sec. 3(1), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95-
    251, Sec. 2(a)(11), Mar. 27, 1978, 92 Stat. 183; Pub. L. 102-166,
    title I, Secs. 110(a), 111, Nov. 21, 1991, 105 Stat. 1078; Pub. L.
    102-411, Sec. 2, Oct. 14, 1992, 106 Stat. 2102; Pub. L. 104-66,
    title II, Sec. 2031, Dec. 21, 1995, 109 Stat. 728.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (a), are classified to
    section 3301 et seq. of Title 5, Government Organization and
    Employees.
      The General Schedule, referred to in subsec. (a), is set out
    under section 5332 of Title 5.
      The effective date of this Act, referred to in subsec. (b)(1),
    probably means the date of enactment of Pub. L. 92-261, which was
    approved Mar. 24, 1972.
      Section 7324 of title 5, referred to in subsec. (i), which
    related to Executive agency employees or District of Columbia
    government employees influencing elections or taking part in
    political campaigns, was omitted in the general revision of
    subchapter III of chapter 73 of Title 5 by Pub. L. 103-94, Sec.
    2(a), Oct. 6, 1993, 107 Stat. 1003, which enacted a new section
    7324, relating to prohibition of political activities while on
    duty. See section 7323 of Title 5.

-COD-
                               CODIFICATION                           
      In subsec. (a), reference to section "5372" of title 5
    substituted for reference to section "5362" on authority of Pub. L.
    95-454, Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which
    redesignated sections 5361 through 5365 of title 5 as sections 5371
    through 5375.
      In subsec. (i), "section 7324 of title 5" substituted for
    "section 9 of the Act of August 2, 1939, as amended (the Hatch
    Act)" 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 9 of the Act of August 2, 1939, as amended, was classified
    to section 118i of Title 5.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (k)(2)(C). Pub. L. 104-66 substituted "including
    information, presented in the aggregate, relating to" for
    "including" in introductory provisions, "the number of persons and
    entities" for "the identity of each person or entity" in cl. (i),
    "such persons and entities" for "such person or entity" in cl.
    (ii), and "fees" for "fee" and "such persons and entities" for
    "such person or entity" in cl. (iii).
      1992 - Subsec. (k). Pub. L. 102-411 added subsec. (k).
      1991 - Subsec. (h). Pub. L. 102-166, Sec. 111, designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (j). Pub. L. 102-166, Sec. 110(a), added subsec. (j).
      1978 - Subsec. (a). Pub. L. 95-251 substituted "administrative
    law judges" for "hearing examiners" wherever appearing.
      1975 - Subsec. (e). Pub. L. 93-608 struck out reporting
    requirement of names, salaries, and duties of all individuals in
    employ of Commission.
      1972 - Subsec. (a). Pub. L. 92-261, Sec. 8(d), struck out
    provisions setting forth length of terms of original members of
    Commission and provisions authorizing Vice Chairman to act as
    Chairman in certain circumstances, inserted provisions relating to
    continuation in office of all members of Commission, and
    substituted provisions requiring appointment of officers, etc., in
    accordance with provisions of title 5, fixing compensation of such
    officers, etc., in accordance with provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, relating to classification
    and General Schedule pay rates, and requiring assignment, removal,
    and compensation of hearing examiners in accordance with specified
    sections, for provisions requiring appointment of officers, etc.,
    in accordance with civil service laws, and fixing compensation of
    such officers, etc., in accordance with the Classification Act of
    1949, as amended.
      Subsecs. (b) to (e). Pub. L. 92-261, Sec. 8(e), added subsec.
    (b), struck out subsec. (e) which amended sections 2204 and 2205 of
    former Title 5, Executive Departments and Government Officers and
    Employees, and redesignated existing subsecs. (b), (c), and (d) as
    (c), (d), and (e), respectively.
      Subsec. (g)(6). Pub. L. 92-261, Sec. 8(f), substituted provisions
    which authorized Commission to intervene in a civil action brought
    under section 2000e-5 of this title where respondent is other than
    a government, governmental agency, or political subdivision for
    provisions which authorized Commission to refer matters to Attorney
    General with recommendations to intervene or institute civil
    actions.
      Subsecs. (h) to (j). Pub. L. 92-261, Sec. 8(e)(2), (3), struck
    out subsec. (h) which provided for legal representation for
    Commission, and redesignated subsecs. (i) and (j) as (h) and (i),
    respectively.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 110(b) of Pub. L. 102-166 provided that: "The amendment
    made by this section [amending this section] shall take effect on
    the date of the enactment of this Act [Nov. 21, 1991]."
      Amendment by section 111 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.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (e) of this section is listed
    in item 20 on page 165), see section 3003 of Pub. L. 104-66, as
    amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-
    554, set out as notes under section 1113 of Title 31, Money and
    Finance.

       REORGANIZATION PLAN NO. 1 OF 1978 SUPERSEDED BY CIVIL SERVICE
                            REFORM ACT OF 1978
      Section 905 of Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224,
    provided in part that any provision in Reorganization Plan No. 1 of
    1978 [set out below] inconsistent with any provision of that Act
    [see Tables for classification] was superseded thereby.

                     REORGANIZATION PLAN NO. 1 OF 1978                 

                       43 F.R. 19807, 92 STAT. 3781                   
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, February 23,
      1978, pursuant to the provisions of Chapter 9 of Title 5 of the
      United States Code.

                       EQUAL EMPLOYMENT OPPORTUNITY                   

          SECTION 1. TRANSFER OF EQUAL PAY ENFORCEMENT FUNCTIONS      
      All functions related to enforcing or administering Section 6(d)
    of the Fair Labor Standards Act, as amended, (29 U.S.C. 206(d)) are
    hereby transferred to the Equal Employment Opportunity Commission.
    Such functions include, but shall not be limited to, the functions
    relating to equal pay administration and enforcement now vested in
    the Secretary of Labor, the Administrator of the Wage and Hour
    Division of the Department of Labor, and the Civil Service
    Commission pursuant to Sections 4(d)(1); 4(f); 9; 11(a), (b), and
    (c); 16(b) and (c) and 17 of the Fair Labor Standards Act, as
    amended, (29 U.S.C. 204(d)(1); 204(f); 209; 211(a), (b), and (c);
    216(b) and (c) and 217) and Section 10(b)(1) of the Portal-to-
    Portal Act of 1947, as amended, (29 U.S.C. 259).

       SEC. 2. TRANSFER OF AGE DISCRIMINATION ENFORCEMENT FUNCTIONS   
      All functions vested in the Secretary of Labor or in the Civil
    Service Commission pursuant to Sections 2, 4, 7, 8, 9, 10, 11, 12,
    13, 14, and 15 of the Age Discrimination in Employment Act of 1967,
    as amended, (29 U.S.C. 621, 623, 626, 627, 628, 629, 630, 631, 632,
    633, and 633a) are hereby transferred to the Equal Employment
    Opportunity Commission. All functions related to age discrimination
    administration and enforcement pursuant to Sections 6 and 16 of the
    Age Discrimination in Employment Act of 1967, as amended, (29
    U.S.C. 625 and 634) are hereby transferred to the Equal Employment
    Opportunity Commission.

        SEC. 3. TRANSFER OF EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT
                           ENFORCEMENT FUNCTIONS
      (a) All equal opportunity in Federal employment enforcement and
    related functions vested in the Civil Service Commission pursuant
    to Section 717(b) and (c) of the Civil Rights Act of 1964, as
    amended, (42 U.S.C. 2000e-16(b) and (c)), are hereby transferred to
    the Equal Employment Opportunity Commission.
      (b) The Equal Employment Opportunity Commission may delegate to
    the Civil Service Commission or its successor the function of
    making a preliminary determination on the issue of discrimination
    whenever, as a part of a complaint or appeal before the Civil
    Service Commission on other grounds, a Federal employee alleges a
    violation of Section 717 of the Civil Rights Act of 1964, as
    amended, (42 U.S.C. 2000e-16) provided that the Equal Employment
    Opportunity Commission retains the function of making the final
    determination concerning such issue of discrimination.

     SEC. 4. TRANSFER OF FEDERAL EMPLOYMENT OF HANDICAPPED INDIVIDUALS
                           ENFORCEMENT FUNCTIONS
      All Federal employment of handicapped individuals enforcement
    functions and related functions vested in the Civil Service
    Commission pursuant to Section 501 of the Rehabilitation Act of
    1973 (29 U.S.C. 791) are hereby transferred to the Equal Employment
    Opportunity Commission. The function of being co-chairman of the
    Interagency Committee on Handicapped Employees now vested in the
    Chairman of the Civil Service Commission pursuant to Section 501 is
    hereby transferred to the Chairman of the Equal Employment
    Opportunity Commission.

              SEC. 5. TRANSFER OF PUBLIC SECTOR 707 FUNCTIONS          
      Any function of the Equal Employment Opportunity Commission
    concerning initiation of litigation with respect to State or local
    government, or political subdivisions under Section 707 of Title
    VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-
    6) and all necessary functions related thereto, including
    investigation, findings, notice and an opportunity to resolve the
    matter without contested litigation, are hereby transferred to the
    Attorney General, to be exercised by him in accordance with
    procedures consistent with said Title VII. The Attorney General is
    authorized to delegate any function under Section 707 of said Title
    VII to any officer or employee of the Department of Justice.

    SEC. 6. TRANSFER OF FUNCTIONS AND ABOLITION OF THE EQUAL EMPLOYMENT
                     OPPORTUNITY COORDINATING COUNCIL
      All functions of the Equal Employment Opportunity Coordinating
    Council, which was established pursuant to Section 715 of the Civil
    Rights Act of 1964, as amended, (42 U.S.C. 2000e-14), are hereby
    transferred to the Equal Employment Opportunity Commission. The
    Equal Employment Opportunity Coordinating Council is hereby
    abolished.

                         SEC. 7. SAVINGS PROVISION                     
      Administrative proceedings including administrative appeals from
    the acts of an executive agency (as defined by Section 105 of Title
    5 of the United States Code) commenced or being conducted by or
    against such executive agency will not abate by reason of the
    taking effect of this Plan. Consistent with the provisions of this
    Plan, all such proceedings shall continue before the Equal
    Employment Opportunity Commission otherwise unaffected by the
    transfers provided by this Plan. Consistent with the provisions of
    this Plan, the Equal Employment Opportunity Commission shall accept
    appeals from those executive agency actions which occurred prior to
    the effective date of this Plan in accordance with law and
    regulations in effect on such effective date. Nothing herein shall
    affect any right of any person to judicial review under applicable
    law.

                       SEC. 8. INCIDENTAL TRANSFERS                   
      So much of the personnel, property, records and unexpended
    balances of appropriations, allocations and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this Plan, as the Director of the
    Office of Management and Budget shall determine, shall be
    transferred to the appropriate department, agency, or component at
    such time or times as the Director of the Office of Management and
    Budget shall provide, except that no such unexpended balances
    transferred shall be used for purposes other than those for which
    the appropriation was originally made. The Director of the Office
    of Management and Budget shall provide for terminating the affairs
    of the Council abolished herein and for such further measures and
    dispositions as such Director deems necessary to effectuate the
    purposes of this Reorganization Plan.

                          SEC. 9. EFFECTIVE DATE                      
      This Reorganization Plan shall become effective at such time or
    times, on or before October 1, 1979, as the President shall
    specify, but not sooner than the earliest time allowable under
    Section 906 of Title 5 of the United States Code.
      [Pursuant to Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, the
    transfer to the Equal Employment Opportunity Commission of certain
    functions of the Civil Service Commission relating to enforcement
    of equal employment opportunity programs as provided by sections 1
    to 4 of this Reorg. Plan is effective Jan. 1, 1979.]
      [Pursuant to Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193,
    sections 1 and 2 of this Reorg. Plan are effective July 1, 1979,
    except for transfer of functions already effective Jan. 1, 1979,
    under Ex. Ord. No. 12106 above.]
      [Pursuant to Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971,
    section 5 of this Reorg. Plan is effective July 1, 1978.]
      [Pursuant to Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967,
    section 6 of this Reorg. Plan is effective July 1, 1978.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I am submitting to you today Reorganization Plan No. 1 of 1978.
    This Plan makes the Equal Employment Opportunity Commission the
    principal Federal agency in fair employment enforcement. Together
    with actions I shall take by Executive Order, it consolidates
    Federal equal employment opportunity activities and lays, for the
    first time, the foundation of a unified, coherent Federal structure
    to combat job discrimination in all its forms.
      In 1940 President Roosevelt issued the first Executive Order
    forbidding discrimination in employment by the Federal government.
    Since that time the Congress, the courts and the Executive Branch -
    spurred by the courage and sacrifice of many people and
    organizations - have taken historic steps to extend equal
    employment opportunity protection throughout the private as well as
    public sector. But each new prohibition against discrimination
    unfortunately has brought with it a further dispersal of Federal
    equal employment opportunity responsibility. This fragmentation of
    authority among a number of Federal agencies has meant confusion
    and ineffective enforcement for employees, regulatory duplication
    and needless expense for employers.
      Fair employment is too vital for haphazard enforcement. My
    Administration will aggressively enforce our civil rights laws.
    Although discrimination in any area has severe consequences,
    limiting economic opportunity affects access to education, housing
    and health care. I, therefore, ask you to join with me to
    reorganize administration of the civil rights laws and to begin
    that effort by reorganizing the enforcement of those laws which
    ensure an equal opportunity to a job.
      Eighteen government units now exercise important responsibilities
    under statutes, Executive Orders and regulations relating to equal
    employment opportunity:
      The Equal Employment Opportunity Commission (EEOC) enforces Title
    VII of the Civil Rights Act of 1964, [section 2000e et seq. of this
    title] which bans employment discrimination based on race, national
    origin, sex or religion. The EEOC acts on individual complaints and
    also initiates private sector cases involving a "pattern or
    practice" of discrimination.
      The Department of Labor and 11 other agencies enforce Executive
    Order 11246 [set out as a note under section 2000e of this title].
    This prohibits discrimination in employment on the basis of race,
    national origin, sex, or religion and requires affirmative action
    by government contractors. While the Department now coordinates
    enforcement of this "contract compliance" program, it is actually
    administered by eleven other departments and agencies. The
    Department also administers those statutes requiring contractors to
    take affirmative action to employ handicapped people, disabled
    veterans and Vietnam veterans.
      In addition, the Labor Department enforces the Equal Pay Act of
    1963 [section 206(d) of Title 29, Labor], which prohibits employers
    from paying unequal wages based on sex, and the Age Discrimination
    in Employment Act of 1967 [section 621 et seq. of Title 29], which
    forbids age discrimination against persons between the ages of 40
    and 65.
      The Department of Justice litigates Title VII cases involving
    public sector employers - State and local governments. The
    Department also represents the Federal government in lawsuits
    against Federal contractors and grant recipients who are in
    violation of Federal nondiscrimination prohibitions.
      The Civil Service Commission (CSC) enforces Title VII and all
    other nondiscrimination and affirmative action requirements for
    Federal employment. The CSC rules on complaints filed by
    individuals and monitors affirmative action plans submitted
    annually by other Federal agencies.
      The Equal Employment Opportunity Coordinating Council includes
    representatives from EEOC, Labor, Justice, CSC and the Civil Rights
    Commission. It is charged with coordinating the Federal equal
    employment opportunity enforcement effort and with eliminating
    overlap and inconsistent standards.
      In addition to these major government units, other agencies
    enforce various equal employment opportunity requirements which
    apply to specific grant programs. The Department of the Treasury,
    for example, administers the anti-discrimination prohibitions
    applicable to recipients of revenue sharing funds.
      These programs have had only limited success. Some of the past
    deficiencies include:
      - inconsistent standards of compliance;
      - duplicative, inconsistent paperwork requirements and
      investigative efforts;
      - conflicts within agencies between their program
      responsibilities and their responsibility to enforce the civil
      rights laws;
      - confusion on the part of workers about how and where to seek
      redress;
      - lack of accountability.
      I am proposing today a series of steps to bring coherence to the
    equal employment enforcement effort. These steps, to be
    accomplished by the Reorganization Plan and Executive Orders,
    constitute an important step toward consolidation of equal
    employment opportunity enforcement. They will be implemented over
    the next two years, so that the agencies involved may continue
    their internal reform.
      Its experience and broad scope make the EEOC suitable for the
    role of principal Federal agency in fair employment enforcement.
    Located in the Executive Branch and responsible to the President,
    the EEOC has developed considerable expertise in the field of
    employment discrimination since Congress created it by the Civil
    Rights Act of 1964 [section 2000e-4 of this title]. The Commission
    has played a pioneer role in defining both employment
    discrimination and its appropriate remedies.
      While it has had management problems in past administrations, the
    EEOC's new leadership is making substantial progress in correcting
    them. In the last seven months the Commission has redesigned its
    internal structures and adopted proven management techniques. Early
    experience with these procedures indicates a high degree of success
    in reducing and expediting new cases. At my direction, the Office
    of Management and Budget is actively assisting the EEOC to ensure
    that these reforms continue.
      The Reorganization Plan I am submitting will accomplish the
    following:
      On July 1, 1978, abolish the Equal Employment Opportunity
    Coordinating Council (42 U.S.C. 2000e-14) and transfer its duties
    to the EEOC (no positions or funds shifted).
      On October 1, 1978, shift enforcement of equal employment
    opportunity for Federal employees from the CSC to the EEOC (100
    positions and $6.5 million shifted).
      On July 1, 1979, shift responsibility for enforcing both the
    Equal Pay Act and the Age Discrimination in Employment Act from the
    Labor Department to the EEOC (198 positions and $5.3 million
    shifted for Equal Pay; 119 positions and $3.5 million for Age
    Discrimination).
      Clarify the Attorney General's authority to initiate "pattern or
    practice" suits under Title VII in the public sector.
      In addition, I will issue an Executive Order on October 1, 1978,
    to consolidate the contract compliance program - now the
    responsibility of Labor and eleven "compliance agencies" - into the
    Labor Department (1,517 positions and $33.1 million shifted).
      These proposed transfers and consolidations reduce from fifteen
    to three the number of Federal agencies having important equal
    employment opportunity responsibilities under Title VII of the
    Civil Rights Act of 1964 and Federal contract compliance
    provisions.
      Each element of my Plan is important to the success of the entire
    proposal.
      By abolishing the Equal Employment Opportunity Coordinating
    Council and transferring its responsibilities to the EEOC, this
    plan places the Commission at the center of equal employment
    opportunity enforcement. With these new responsibilities, the EEOC
    can give coherence and direction to the government's efforts by
    developing strong uniform enforcement standards to apply throughout
    the government: standardized data collection procedures, joint
    training programs, programs to ensure the sharing of enforcement
    related data among agencies, and methods and priorities for
    complaint and compliance reviews. Such direction has been absent in
    the Equal Employment Opportunity Coordinating Council.
      It should be stressed, however, that affected agencies will be
    consulted before EEOC takes any action. When the Plan has been
    approved, I intend to issue an Executive Order which will provide
    for consultation, as well as a procedure for reviewing major
    disputed issues within the Executive Office of the President. The
    Attorney General's responsibility to advise the Executive Branch on
    legal issues will also be preserved.
      Transfer of the Civil Service Commission's equal employment
    opportunity responsibilities to EEOC is needed to ensure that: (1)
    Federal employees have the same rights and remedies as those in the
    private sector and in State and local government; (2) Federal
    agencies meet the same standards as are required of other
    employers; and (3) potential conflicts between an agency's equal
    employment opportunity and personnel management functions are
    minimized. The Federal government must not fall below the standard
    of performance it expects of private employers.
      The Civil Service Commission has in the past been lethargic in
    enforcing fair employment requirements within the Federal
    government. While the Chairman and other Commissioners I have
    appointed have already demonstrated their personal commitment to
    expanding equal employment opportunity, responsibility for ensuring
    fair employment for Federal employees should rest ultimately with
    the EEOC.
      We must ensure that the transfer in no way undermines the
    important objectives of the comprehensive civil service
    reorganization which will be submitted to Congress in the near
    future. When the two plans take effect; I will direct the EEOC and
    the CSC to coordinate their procedures to prevent any duplication
    and overlap.
      The Equal Pay Act now administered by the Labor Department,
    prohibits employers from paying unequal wages based on sex. Title
    VII of the Civil Rights Act, which is enforced by EEOC, contains a
    broader ban on sex discrimination. The transfer of Equal Pay
    responsibility from the Labor Department to the EEOC will minimize
    overlap and centralize enforcement of statutory prohibitions
    against sex discrimination in employment.
      The transfer will strengthen efforts to combat sex
    discrimination. Such efforts would be enhanced still further by
    passage of the legislation pending before you, which I support,
    that would prohibit employers from excluding women disabled by
    pregnancy from participating in disability programs.
      There is now virtually complete overlap in the employers, labor
    organizations, and employment agencies covered by Title VII and by
    the Age Discrimination in Employment Act. This overlap is
    burdensome to employers and confusing to victims of discrimination.
    The proposed transfer of the age discrimination program from the
    Labor Department to the EEOC will eliminate the duplication.
      The Plan I am proposing will not affect the Attorney General's
    responsibility to enforce Title VII against State or local
    governments or to represent the Federal government in suits against
    Federal contractors and grant recipients. In 1972, the Congress
    determined that the Attorney General should be involved in suits
    against State and local governments. This proposal reinforces that
    judgment and clarifies the Attorney General's authority to initiate
    litigation against State or local governments engaged in a "pattern
    or practice" of discrimination. This in no way diminishes the
    EEOC's existing authority to investigate complaints filed against
    State or local governments and, where appropriate, to refer them to
    the Attorney General. The Justice Department and the EEOC will
    cooperate so that the Department sues on valid referrals, as well
    as on its own "pattern or practice" cases.
      A critical element of my proposals will be accomplished by
    Executive Order rather than by the Reorganization Plan. This
    involves consolidation in the Labor Department of the
    responsibility to ensure that Federal contractors comply with
    Executive Order 11246. Consolidation will achieve the following:
    promote consistent standards, procedures, and reporting
    requirements; remove contractors from the jurisdiction of multiple
    agencies; prevent an agency's equal employment objectives from
    being outweighed by its procurement and construction objectives;
    and produce more effective law enforcement through unification of
    planning, training and sanctions. By 1981, after I have had an
    opportunity to review the manner in which both the EEOC and the
    Labor Department are exercising their new responsibilities, I will
    determine whether further action is appropriate.
      Finally, the responsibility for enforcing grant-related equal
    employment provisions will remain with the agencies administering
    the grant programs. With the EEOC acting as coordinator of Federal
    equal employment programs, we will be able to bring overlap and
    duplication to a minimum. We will be able, for example, to see that
    a university's employment practices are not subject to duplicative
    investigations under both Title IX of the Education Amendments of
    1972 [section 1681 et seq. of Title 20, Education] and the contract
    compliance program. Because of the similarities between the
    Executive Order program and those statutes requiring Federal
    contractors to take affirmative action to employ handicapped
    individuals and disabled and Vietnam veterans, I have determined
    that enforcement of these statues should remain in the Labor
    Department.
      Each of the changes set forth in the Reorganization Plan
    accompanying this message is necessary to accomplish one or more of
    the purposes set forth in Section 901(a) of Title 5 of the United
    States Code. I have taken care to determine that all functions
    abolished by the Plan are done only under the statutory authority
    provided by Section 903(b) of Title 5 of the United States Code.
      I do not anticipate that the reorganizations contained in this
    Plan will result in any significant change in expenditures. They
    will result in a more efficient and manageable enforcement program.
      The Plan I am submitting is moderate and measured. It gives the
    Equal Employment Opportunity Commission - an agency dedicated
    solely to this purpose - the primary Federal responsibility in the
    area of job discrimination, but it is designed to give this agency
    sufficient time to absorb its new responsibilities. This
    reorganization will produce consistent agency standards, as well as
    increased accountability. Combined with the intense commitment of
    those charged with these responsibilities, it will become possible
    for us to accelerate this nation's progress in ensuring equal job
    opportunities for all our people.
                                                           Jimmy Carter.
    The White House, February 23, 1978.


-EXEC-
         EX. ORD. NO. 12106. TRANSFER OF CERTAIN EQUAL EMPLOYMENT
                           ENFORCEMENT FUNCTIONS
      Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, provided:
      By the authority vested in me as President of the United States
    of America by Section 9 of Reorganization Plan No. 1 of 1978 (43 FR
    19807) [set out above], in order to effectuate the transfer of
    certain functions relating to the enforcement of equal employment
    programs, and in order to make certain technical amendments in
    other Orders to reflect this transfer of functions, it is hereby
    ordered as follows:
      1-101. The transfer to the Equal Employment Opportunity
    Commission of certain functions of the Civil Service Commission,
    relating to enforcement of equal employment opportunity programs as
    provided by Sections 1, 2, 3 and 4 of Reorganization Plan No. 1 of
    1978 (43 FR 19807) shall be effective on January 1, 1979.
      1-102. Executive Order No. 11478, as amended [set out as a note
    under section 2000e of this title], is further amended by deleting
    the preamble, by substituting "national origin, handicap, or age"
    for "or national origin" in the first sentence of Section 1, and
    revising Sections 3, 4, and 5 to read as follows:
      "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 appropriate to carry out 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."
      1-103. Executive Order No. 11022, as amended [set out as a note
    under section 3001 of this title], is further amended by revising
    Section 1(b) to read as follows:
      "(b) The Council shall be composed of the Secretary of Health,
    Education, and Welfare [now Health and Human Services], who shall
    be Chairman, the Secretary of the Treasury, the Secretary of
    Agriculture, the Secretary of Commerce, the Secretary of Labor, the
    Secretary of Housing and Urban Development, the Secretary of
    Transportation, the Administrator of Veterans Affairs, the Director
    of the Office of Personnel Management, the Director of the
    Community Services Administration, and the Chairman of the Equal
    Employment Opportunity Commission."
      1-104. Executive Order No. 11480 of September 9, 1969 [set out as
    a note under section 791 of Title 29, Labor], is amended by
    deleting "and the Chairman of the United States Civil Service
    Commission" in Section 4 and substituting therefor "Director of the
    Office of Personnel Management, and the Chairman of the Equal
    Employment Opportunity Commission".
      1-105. Executive Order No. 11830 of January 9, 1975 [set out as a
    note under section 791 of Title 29, Labor], is amended by deleting
    Section 2 and revising Section 1 to read as follows:
      "In accord with Section 501 of the Rehabilitation Act of 1973 (29
    U.S.C. 791) and Section 4 of Reorganization Plan No. 1 of 1978 (43
    FR 19808) the Interagency Committee on Handicapped Employees is
    enlarged and composed of the following, or their designees whose
    positions are Executive level IV or higher:
      "(1) Secretary of Defense.
      "(2) Secretary of Labor.
      "(3) Secretary of Health, Education, and Welfare [now Health and
    Human Services], Co-Chairman.
      "(4) Director of the Office of Personnel Management.
      "(5) Administrator of Veterans Affairs.
      "(6) Administrator of General Services.
      "(7) Chairman of the Federal Communications Commission.
      "(8) Chairman of the Equal Employment Opportunity Commission, Co-
    Chairman.
      "(9) Such other members as the President may designate."
      1-106. This Order shall be effective on January 1, 1979.
                                                           Jimmy Carter.

         EX. ORD. NO. 12144. TRANSFER OF CERTAIN EQUAL PAY AND AGE
            DISCRIMINATION IN EMPLOYMENT ENFORCEMENT FUNCTIONS
      Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, provided:
      By the authority vested in me as President of the United States
    of America by the Constitution and laws of the United States,
    including Section 9 of Reorganization Plan No. 1 of 1978 (43 FR
    19807) [set out above], in order to effectuate the transfer of
    certain functions relating to the enforcement of equal pay and age
    discrimination in employment programs from the Department of Labor
    to the Equal Employment Opportunity Commission, it is hereby
    ordered as follows:
      1-101. Sections 1 and 2 of Reorganization Plan No. 1 of 1978 (43
    FR 19807) [set out as a note above] shall become effective on July
    1, 1979, with the exception of the transfer of functions from the
    Civil Service Commission, already effective January 1, 1979
    (Executive Order No. 12106 [set out above]).
      1-102. The records, property, personnel and positions, and
    unexpended balances of appropriations or funds, available or to be
    made available, which relate to the functions transferred as
    provided in this Order are hereby transferred from the Department
    of Labor to the Equal Employment Opportunity Commission.
      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 provided in
    this Order, including the transfer of funds, records, property, and
    personnel.
      1-104. This Order shall be effective July 1, 1979.
                                                           Jimmy Carter.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 2000e-5                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-5. Enforcement provisions

-STATUTE-
    (a) Power of Commission to prevent unlawful employment practices
      The Commission is empowered, as hereinafter provided, to prevent
    any person from engaging in any unlawful employment practice as set
    forth in section 2000e-2 or 2000e-3 of this title.
    (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
      Whenever a charge is filed by or on behalf of a person claiming
    to be aggrieved, or by a member of the Commission, alleging that an
    employer, employment agency, labor organization, or joint labor-
    management committee controlling apprenticeship or other training
    or retraining, including on-the-job training programs, has engaged
    in an unlawful employment practice, the Commission shall serve a
    notice of the charge (including the date, place and circumstances
    of the alleged unlawful employment practice) on such employer,
    employment agency, labor organization, or joint labor-management
    committee (hereinafter referred to as the "respondent") within ten
    days, and shall make an investigation thereof. Charges shall be in
    writing under oath or affirmation and shall contain such
    information and be in such form as the Commission requires. Charges
    shall not be made public by the Commission. If the Commission
    determines after such investigation that there is not reasonable
    cause to believe that the charge is true, it shall dismiss the
    charge and promptly notify the person claiming to be aggrieved and
    the respondent of its action. In determining whether reasonable
    cause exists, the Commission shall accord substantial weight to
    final findings and orders made by State or local authorities in
    proceedings commenced under State or local law pursuant to the
    requirements of subsections (c) and (d) of this section. If the
    Commission determines after such investigation that there is
    reasonable cause to believe that the charge is true, the Commission
    shall endeavor to eliminate any such alleged unlawful employment
    practice by informal methods of conference, conciliation, and
    persuasion. Nothing said or done during and as a part of such
    informal endeavors may be made public by the Commission, its
    officers or employees, or used as evidence in a subsequent
    proceeding without the written consent of the persons concerned.
    Any person who makes public information in violation of this
    subsection shall be fined not more than $1,000 or imprisoned for
    not more than one year, or both. The Commission shall make its
    determination on reasonable cause as promptly as possible and, so
    far as practicable, not later than one hundred and twenty days from
    the filing of the charge or, where applicable under subsection (c)
    or (d) of this section, from the date upon which the Commission is
    authorized to take action with respect to the charge.
    (c) State or local enforcement proceedings; notification of State
      or local authority; time for filing charges with Commission;
      commencement of proceedings
      In the case of an alleged unlawful employment practice occurring
    in a State, or political subdivision of a State, which has a State
    or local law prohibiting the unlawful employment practice alleged
    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
    charge may be filed under subsection (a) (!1) of this section by
    the person aggrieved before the expiration of sixty days after
    proceedings have been commenced under the State or local law,
    unless such proceedings have been earlier terminated, provided that
    such sixty-day period shall be extended to one hundred and twenty
    days during the first year after the effective date of such State
    or local law. If any requirement for the commencement of such
    proceedings is imposed by a State or local authority other than a
    requirement of the filing of a written and signed statement of the
    facts upon which the proceeding is based, the proceeding shall be
    deemed to have been commenced for the purposes of this subsection
    at the time such statement is sent by registered mail to the
    appropriate State or local authority.

    (d) State or local enforcement proceedings; notification of State
      or local authority; time for action on charges by Commission
      In the case of any charge filed by a member of the Commission
    alleging an unlawful employment practice occurring in a State or
    political subdivision of a State which has a State or local law
    prohibiting the practice alleged 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, the Commission shall, before taking any
    action with respect to such charge, notify the appropriate State or
    local officials and, upon request, afford them a reasonable time,
    but not less than sixty days (provided that such sixty-day period
    shall be extended to one hundred and twenty days during the first
    year after the effective day of such State or local law), unless a
    shorter period is requested, to act under such State or local law
    to remedy the practice alleged.
    (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
      (1) A charge under this section shall be filed within one hundred
    and eighty days after the alleged unlawful employment practice
    occurred and notice of the charge (including the date, place and
    circumstances of the alleged unlawful employment practice) shall be
    served upon the person against whom such charge is made within ten
    days thereafter, except that in a case of an unlawful employment
    practice with respect to which the person aggrieved has initially
    instituted proceedings with a State or local agency with authority
    to grant or seek relief from such practice or to institute criminal
    proceedings with respect thereto upon receiving notice thereof,
    such charge shall be filed by or on behalf of the person aggrieved
    within three hundred days after the alleged unlawful employment
    practice occurred, or within thirty days after receiving notice
    that the State or local agency has terminated the proceedings under
    the State or local law, whichever is earlier, and a copy of such
    charge shall be filed by the Commission with the State or local
    agency.
      (2) For purposes of this section, an unlawful employment practice
    occurs, with respect to a seniority system that has been adopted
    for an intentionally discriminatory purpose in violation of this
    subchapter (whether or not that discriminatory purpose is apparent
    on the face of the seniority provision), when the seniority system
    is adopted, when an individual becomes subject to the seniority
    system, or when a person aggrieved is injured by the application of
    the seniority system or provision of the 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
      (1) If within thirty days after a charge is filed with the
    Commission or within thirty days after expiration of any period of
    reference under subsection (c) or (d) of this section, the
    Commission has been unable to secure from the respondent a
    conciliation agreement acceptable to the Commission, the Commission
    may bring a civil action against any respondent not a government,
    governmental agency, or political subdivision named in the charge.
    In the case of a respondent which is a government, governmental
    agency, or political subdivision, if the Commission has been unable
    to secure from the respondent a conciliation agreement acceptable
    to the Commission, the Commission shall take no further action and
    shall refer the case to the Attorney General who may bring a civil
    action against such respondent in the appropriate United States
    district court. The person or persons aggrieved shall have the
    right to intervene in a civil action brought by the Commission or
    the Attorney General in a case involving a government, governmental
    agency, or political subdivision. If a charge filed with the
    Commission pursuant to subsection (b) of this section, is dismissed
    by the Commission, or if within one hundred and eighty days from
    the filing of such charge or the expiration of any period of
    reference under subsection (c) or (d) of this section, whichever is
    later, the Commission has not filed a civil action under this
    section or the Attorney General has not filed a civil action in a
    case involving a government, governmental agency, or political
    subdivision, or the Commission has not entered into a conciliation
    agreement to which the person aggrieved is a party, the Commission,
    or the Attorney General in a case involving a government,
    governmental agency, or political subdivision, shall so notify the
    person aggrieved and within ninety days after the giving of such
    notice a civil action may be brought against the respondent named
    in the charge (A) by the person claiming to be aggrieved or (B) if
    such charge was filed by a member of the Commission, by any person
    whom the charge alleges was aggrieved by the alleged unlawful
    employment practice. 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 action without the payment of fees, costs, or
    security. Upon timely application, the court may, in its
    discretion, permit the Commission, or the Attorney General in a
    case involving a government, governmental agency, or political
    subdivision, to intervene in such civil action upon certification
    that the case is of general public importance. Upon request, the
    court may, in its discretion, stay further proceedings for not more
    than sixty days pending the termination of State or local
    proceedings described in subsection (c) or (d) of this section or
    further efforts of the Commission to obtain voluntary compliance.
      (2) Whenever a charge is filed with the Commission and the
    Commission concludes on the basis of a preliminary investigation
    that prompt judicial action is necessary to carry out the purposes
    of this Act, the Commission, or the Attorney General in a case
    involving a government, governmental agency, or political
    subdivision, may bring an action for appropriate temporary or
    preliminary relief pending final disposition of such charge. Any
    temporary restraining order or other order granting preliminary or
    temporary relief shall be issued in accordance with rule 65 of the
    Federal Rules of Civil Procedure. It shall be the duty of a court
    having jurisdiction over proceedings under this section to assign
    cases for hearing at the earliest practicable date and to cause
    such cases to be in every way expedited.
      (3) Each United States district court and each United States
    court of a place subject to the jurisdiction of the United States
    shall have jurisdiction of actions brought under this subchapter.
    Such an action may be brought in any judicial district in the State
    in which the unlawful employment practice is alleged to have been
    committed, in the judicial district in which the employment records
    relevant to such practice are maintained and administered, or in
    the judicial district in which the aggrieved person would have
    worked but for the alleged unlawful employment practice, but if the
    respondent is not found within any such district, such an action
    may be brought within the judicial district in which the respondent
    has his principal office. For purposes of sections 1404 and 1406 of
    title 28, the judicial district in which the respondent has his
    principal office shall in all cases be considered a district in
    which the action might have been brought.
      (4) 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.
      (5) It shall be the duty of the judge designated pursuant to this
    subsection to assign the case for hearing at the earliest
    practicable date and to cause the case to be in every way
    expedited. If such judge has not scheduled the case for trial
    within one hundred and twenty days after issue has been joined,
    that judge may appoint a master pursuant to rule 53 of the Federal
    Rules of Civil Procedure.
    (g) Injunctions; appropriate affirmative action; equitable relief;
      accrual of back pay; reduction of back pay; limitations on
      judicial orders
      (1) If the court finds that the respondent has intentionally
    engaged in or is intentionally engaging in an unlawful employment
    practice charged in the complaint, the court may enjoin the
    respondent from engaging in such unlawful employment practice, and
    order such affirmative action as may be appropriate, which may
    include, but is not limited to, reinstatement or hiring of
    employees, with or without back pay (payable by the employer,
    employment agency, or labor organization, as the case may be,
    responsible for the unlawful employment practice), or any other
    equitable relief as the court deems appropriate. Back pay liability
    shall not accrue from a date more than two years prior to the
    filing of a charge with the Commission. Interim earnings or amounts
    earnable with reasonable diligence by the person or persons
    discriminated against shall operate to reduce the back pay
    otherwise allowable.
      (2)(A) No order of the court shall require the admission or
    reinstatement of an individual as a member of a union, or the
    hiring, reinstatement, or promotion of an individual as an
    employee, or the payment to him of any back pay, if such individual
    was refused admission, suspended, or expelled, or was refused
    employment or advancement or was suspended or discharged for any
    reason other than discrimination on account of race, color,
    religion, sex, or national origin or in violation of section 2000e-
    3(a) of this title.
      (B) On a claim in which an individual proves a violation under
    section 2000e-2(m) of this title and a respondent demonstrates that
    the respondent would have taken the same action in the absence of
    the impermissible motivating factor, the court - 
        (i) may grant declaratory relief, injunctive relief (except as
      provided in clause (ii)), and attorney's fees and costs
      demonstrated to be directly attributable only to the pursuit of a
      claim under section 2000e-2(m) of this title; and
        (ii) shall not award damages or issue an order requiring any
      admission, reinstatement, hiring, promotion, or payment,
      described in subparagraph (A).
    (h) Provisions of chapter 6 of title 29 not applicable to civil
      actions for prevention of unlawful practices
      The provisions of chapter 6 of title 29 shall not apply with
    respect to civil actions brought under this section.
    (i) Proceedings by Commission to compel compliance with judicial
      orders
      In any case in which an employer, employment agency, or labor
    organization fails to comply with an order of a court issued in a
    civil action brought under this section, the Commission may
    commence proceedings to compel compliance with such order.
    (j) Appeals
      Any civil action brought under this section and any proceedings
    brought under subsection (i) of this section shall be subject to
    appeal as provided in sections 1291 and 1292, title 28.
    (k) Attorney's fee; liability of Commission and United States for
      costs
      In any action or proceeding under this subchapter the court, in
    its discretion, may allow the prevailing party, other than the
    Commission or the United States, a reasonable attorney's fee
    (including expert fees) as part of the costs, and the Commission
    and the United States shall be liable for costs the same as a
    private person.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 706, July 2, 1964, 78 Stat. 259;
    Pub. L. 92-261, Sec. 4, Mar. 24, 1972, 86 Stat. 104; Pub. L. 102-
    166, title I, Secs. 107(b), 112, 113(b), Nov. 21, 1991, 105 Stat.
    1075, 1078, 1079.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (f)(2), means Pub. L. 88-352,
    July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights
    Act of 1964, which is classified principally to subchapters II to
    IX of this chapter (Sec. 2000a 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.
      Rules 65 and 53 of the Federal Rules of Civil Procedure, referred
    to in subsec. (f)(2), (5), are set out in the Appendix to Title 28,
    Judiciary and Judicial Procedure.
      Chapter 6 (Sec. 101 et seq.) of title 29, referred to in subsec.
    (h), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, as
    amended, popularly known as the Norris-LaGuardia Act. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (e). Pub. L. 102-166, Sec. 112, designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (g). Pub. L. 102-166, Sec. 107(b), designated existing
    provisions as pars. (1) and (2)(A) and added par. (2)(B).
      Subsec. (k). Pub. L. 102-166, Sec. 113(b), inserted "(including
    expert fees)" after "attorney's fee".
      1972 - Subsec. (a). Pub. L. 92-261, Sec. 4(a), added subsec. (a).
    Former subsec. (a) redesignated (b) and amended generally.
      Subsec. (b). Pub. L. 92-261, Sec. 4(a), redesignated former
    subsec. (a) as (b), modified the procedure for the filing and
    consideration of charges by the Commission, subjected to coverage
    unlawful employment practices of joint labor-management committees
    controlling apprenticeship or other training or retraining,
    including on-the-job training programs, required the Commission to
    accord substantial weight to final findings and orders made by
    State or local authorities in proceedings commenced under State or
    local law in its determination of reasonable cause, and inserted
    provision setting forth the time period, after charges have been
    filed, allowed to the Commission to determine reasonable cause.
    Former subsec. (b) redesignated (c).
      Subsecs. (c), (d). Pub. L. 92-261, Sec. 4(a), redesignated former
    subsecs. (b) and (c) as (c) and (d), respectively. Former subsec.
    (d) redesignated (e).
      Subsec. (e). Pub. L. 92-261, Sec. 4(a), redesignated former
    subsec. (d) as (e), extended from ninety to one hundred and eighty
    days after the occurrence of the alleged unlawful employment
    practice the time for filing charges under this section and from
    two hundred and ten to three hundred days the time for filing such
    charges where the person aggrieved initially instituted proceedings
    with a State or local agency, and inserted requirement that notice
    of the charge be served on the respondent within ten days after
    filing. Former subsec. (e) redesignated (f)(1).
      Subsec. (f). Pub. L. 92-261, Sec. 4(a), redesignated former
    subsec. (e) as par. (1), substituted provisions setting forth the
    procedure for civil actions where the Commission was unable to
    secure from the respondents a conciliation agreement to prevent
    further unlawful employment practices for provisions setting forth
    the procedure for civil actions where the Commission was unable to
    obtain voluntary compliance with this subchapter and inserted
    provisions setting forth the procedure for civil action where the
    respondent is a government, governmental agency, or political
    subdivision and the Commission could not secure a conciliation
    agreement, added par. (2), redesignated former subsec. (f) as par.
    (3), substituted "aggrieved person" for "plaintiff", and added
    pars. (4) and (5).
      Subsec. (g). Pub. L. 92-261, Sec. 4(a), inserted provisions which
    authorized the court to order affirmative action not limited solely
    to the enumerated affirmative acts and such other equitable relief
    as deemed appropriate, and provisions which set forth the accrual
    date for back pay.
      Subsecs. (i), (j). Pub. L. 92-261, Sec. 4(b)(1), (2), substituted
    "this section" for "subsection (e) of this section".

                     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 1972 AMENDMENT                 
      Section 14 of Pub. L. 92-261 provided that: "The amendments made
    by this Act to section 706 of the Civil Rights Act of 1964 [this
    section] shall be applicable with respect to charges pending with
    the Commission on the date of enactment of this Act [Mar. 24, 1972]
    and all charges filed thereafter."

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(b)".


-End-



-CITE-
    42 USC Sec. 2000e-6                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-6. 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 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) 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
      The district courts of the United States shall have and shall
    exercise jurisdiction of proceedings instituted pursuant to this
    section, and 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 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.
    (c) Transfer of functions, etc., to Commission; effective date;
      prerequisite to transfer; execution of functions by Commission
      Effective two years after March 24, 1972, the functions of the
    Attorney General under this section shall be transferred to the
    Commission, together with such personnel, property, records, and
    unexpended balances of appropriations, allocations, and other funds
    employed, used, held, available, or to be made available in
    connection with such functions unless the President submits, and
    neither House of Congress vetoes, a reorganization plan pursuant to
    chapter 9 of title 5, inconsistent with the provisions of this
    subsection. The Commission shall carry out such functions in
    accordance with subsections (d) and (e) of this section.
    (d) Transfer of functions, etc., not to affect suits commenced
      pursuant to this section prior to date of transfer
      Upon the transfer of functions provided for in subsection (c) of
    this section, in all suits commenced pursuant to this section prior
    to the date of such transfer, proceedings shall continue without
    abatement, all court orders and decrees shall remain in effect, and
    the Commission shall be substituted as a party for the United
    States of America, the Attorney General, or the Acting Attorney
    General, as appropriate.
    (e) Investigation and action by Commission pursuant to filing of
      charge of discrimination; procedure
      Subsequent to March 24, 1972, the Commission shall have authority
    to investigate and act on a charge of a pattern or practice of
    discrimination, whether filed by or on behalf of a person claiming
    to be aggrieved or by a member of the Commission. All such actions
    shall be conducted in accordance with the procedures set forth in
    section 2000e-5 of this title.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 707, July 2, 1964, 78 Stat. 261;
    Pub. L. 92-261, Sec. 5, Mar. 24, 1972, 86 Stat. 107.)


-MISC1-
                                AMENDMENTS                            
      1972 - Subsecs. (c) to (e). Pub. L. 92-261 added subsecs. (c) to
    (e).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Any function of the Equal Employment Opportunity Commission
    concerning initiation of litigation with respect to State or local
    government, or political subdivisions under this section, and all
    necessary functions related thereto, including investigation,
    findings, notice and an opportunity to resolve the matter without
    contested litigation, were transferred to the Attorney General, to
    be exercised by him in accordance with procedures consistent with
    this subchapter, and with the Attorney General authorized to
    delegate any function under this section to any officer or employee
    of the Department of Justice, by Reorg. Plan No. 1 of 1978, Sec. 5,
    43 F.R. 19807, 92 Stat. 3781, set out as a note under section 2000e-
    4 of this title.


-EXEC-
       EX. ORD. NO. 12068. TRANSFER OF CERTAIN FUNCTIONS TO ATTORNEY
                                  GENERAL
      Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971, provided:
      By virtue of the authority vested in me as President of the
    United States by the Constitution and laws of the United States,
    including Section 9 of Reorganization Plan Number 1 of 1978 (43 FR
    19807) [set out as a note under section 2000e-4 of this title], in
    order to clarify the Attorney General's authority to initiate
    public sector litigation under Section 707 of Title VII of the
    Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-6), it is
    ordered as follows:


-MISC2-
            1-1. SECTION 707 FUNCTIONS OF THE ATTORNEY GENERAL        
      1-101. Section 5 of Reorganization Plan Number 1 of 1978 (43 FR
    19807) [set out as a note under section 2000e-4 of this title]
    shall become effective on July 1, 1978.
      1-102. The functions transferred to the Attorney General by
    Section 5 of Reorganization Plan Number 1 of 1978 [set out as a
    note under section 2000e-4 of this title] shall, consistent with
    Section 707 of Title VII of the Civil Rights Act of 1964, as
    amended [this section], be performed in accordance with Department
    of Justice procedures heretofore followed under Section 707.
                                                           Jimmy Carter.

-End-



-CITE-
    42 USC Sec. 2000e-7                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-7. Effect on State laws

-STATUTE-
      Nothing in this subchapter shall be deemed to exempt or relieve
    any person from any liability, duty, penalty, or punishment
    provided by any present or future law of any State or political
    subdivision of a State, other than any such law which purports to
    require or permit the doing of any act which would be an unlawful
    employment practice under this subchapter.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 708, July 2, 1964, 78 Stat. 262.)

-End-



-CITE-
    42 USC Sec. 2000e-8                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-8. Investigations

-STATUTE-
    (a) Examination and copying of evidence related to unlawful
      employment practices
      In connection with any investigation of a charge filed under
    section 2000e-5 of this title, the Commission or its designated
    representative shall at all reasonable times have access to, for
    the purposes of examination, and the right to copy any evidence of
    any person being investigated or proceeded against that relates to
    unlawful employment practices covered by this subchapter and is
    relevant to the charge under investigation.
    (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
      The Commission may cooperate with State and local agencies
    charged with the administration of State fair employment practices
    laws and, with the consent of such agencies, may, for the purpose
    of carrying out its functions and duties under this subchapter and
    within the limitation of funds appropriated specifically for such
    purpose, engage in and contribute to the cost of research and other
    projects of mutual interest undertaken by such agencies, and
    utilize the services of such agencies and their employees, and,
    notwithstanding any other provision of law, pay by advance or
    reimbursement such agencies and their employees for services
    rendered to assist the Commission in carrying out this subchapter.
    In furtherance of such cooperative efforts, the Commission may
    enter into written agreements with such State or local agencies and
    such agreements may include provisions under which the Commission
    shall refrain from processing a charge in any cases or class of
    cases specified in such agreements or under which the Commission
    shall relieve any person or class of persons in such State or
    locality from requirements imposed under this section. The
    Commission shall rescind any such agreement whenever it determines
    that the agreement no longer serves the interest of effective
    enforcement of this subchapter.
    (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
      Every employer, employment agency, and labor organization subject
    to this subchapter shall (1) make and keep such records relevant to
    the determinations of whether unlawful employment practices have
    been or are being committed, (2) preserve such records for such
    periods, and (3) make such reports therefrom as the Commission
    shall prescribe by regulation or order, after public hearing, as
    reasonable, necessary, or appropriate for the enforcement of this
    subchapter or the regulations or orders thereunder. The Commission
    shall, by regulation, require each employer, labor organization,
    and joint labor-management committee subject to this subchapter
    which controls an apprenticeship or other training program to
    maintain such records as are reasonably necessary to carry out the
    purposes of this subchapter, including, but not limited to, a list
    of applicants who wish to participate in such program, including
    the chronological order in which applications were received, and to
    furnish to the Commission upon request, a detailed description of
    the manner in which persons are selected to participate in the
    apprenticeship or other training program. Any employer, employment
    agency, labor organization, or joint labor-management committee
    which believes that the application to it of any regulation or
    order issued under this section would result in undue hardship may
    apply to the Commission for an exemption from the application of
    such regulation or order, and, if such application for an exemption
    is denied, bring a civil action in the United States district court
    for the district where such records are kept. If the Commission or
    the court, as the case may be, finds that the application of the
    regulation or order to the employer, employment agency, or labor
    organization in question would impose an undue hardship, the
    Commission or the court, as the case may be, may grant appropriate
    relief. If any person required to comply with the provisions of
    this subsection fails or refuses to do so, the United States
    district court for the district in which such person is found,
    resides, or transacts business, shall, upon application of the
    Commission, or the Attorney General in a case involving a
    government, governmental agency or political subdivision, have
    jurisdiction to issue to such person an order requiring him to
    comply.
    (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
      In prescribing requirements pursuant to subsection (c) of this
    section, the Commission shall consult with other interested State
    and Federal agencies and shall endeavor to coordinate its
    requirements with those adopted by such agencies. The Commission
    shall furnish upon request and without cost to any State or local
    agency charged with the administration of a fair employment
    practice law information obtained pursuant to subsection (c) of
    this section from any employer, employment agency, labor
    organization, or joint labor-management committee subject to the
    jurisdiction of such agency. Such information shall be furnished on
    condition that it not be made public by the recipient agency prior
    to the institution of a proceeding under State or local law
    involving such information. If this condition is violated by a
    recipient agency, the Commission may decline to honor subsequent
    requests pursuant to this subsection.
    (e) Prohibited disclosures; penalties
      It shall be unlawful for any officer or employee of the
    Commission to make public in any manner whatever any information
    obtained by the Commission pursuant to its authority under this
    section prior to the institution of any proceeding under this
    subchapter involving such information. Any officer or employee of
    the Commission who shall make public in any manner whatever any
    information in violation of this subsection shall be guilty, of a
    misdemeanor and upon conviction thereof, shall be fined not more
    than $1,000, or imprisoned not more than one year.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 709, July 2, 1964, 78 Stat. 262;
    Pub. L. 92-261, Sec. 6, Mar. 24, 1972, 86 Stat. 107.)


-MISC1-
                                AMENDMENTS                            
      1972 - Subsec. (b). Pub. L. 92-261 inserted provisions
    authorizing the Commission to engage in and contribute to the cost
    of research and other projects undertaken by State and local
    agencies and provisions authorizing the Commission to make advance
    payments to State and local agencies and their employees for
    services rendered to the Commission, and struck out provisions
    relating to agreements between the Commission and State and local
    agencies prohibiting private civil actions under section 2000e-5 of
    this title in specified cases.
      Subsec. (c). Pub. L. 92-261 struck out "Except as provided in
    subsection (d) of this section," before "every employer, employment
    agency, and labor organization subject to this subchapter shall
    (1)", required the party seeking an exemption to bring an action in
    the district court only after the Commission denied the application
    for the exemption, and inserted provision which authorized the
    Commission, or the Attorney General in a case involving a
    government, etc., to apply for a court order compelling compliance
    with the recordkeeping and reporting obligations set out in this
    subsection.
      Subsec. (d). Pub. L. 92-261 substituted provisions requiring
    consultation and coordination between Federal and State agencies in
    prescribing recordkeeping and reporting requirements pursuant to
    subsec. (c) of this section, and authorizing the Commission to
    furnish information obtained pursuant to subsec. (c) of this
    section to interested State and local agencies, for provisions
    exempting from recordkeeping and reporting requirements employers,
    etc., required to keep records and make reports under State or
    local fair employment practice laws, except for the maintenance of
    notations by such employers, etc., which reflect the differences in
    coverage or enforcement between State or local laws and the
    provisions of this subchapter, and dispensing with recordkeeping
    and reporting requirements where the employer reports under some
    Executive Order prescribing fair employment practices for
    Government contractors or subcontractors.

-End-



-CITE-
    42 USC Sec. 2000e-9                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-9. Conduct of hearings and investigations pursuant to
      section 161 of title 29

-STATUTE-
      For the purpose of all hearings and investigations conducted by
    the Commission or its duly authorized agents or agencies, section
    161 of title 29 shall apply.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 710, July 2, 1964, 78 Stat. 264;
    Pub. L. 92-261, Sec. 7, Mar. 24, 1972, 86 Stat. 109.)


-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-261 substituted provisions making applicable
    section 161 of title 29 to all hearings and investigations
    conducted by the Commission or its authorized agents or agencies,
    for provisions enumerating the investigatory powers of the
    Commission and the procedure for their enforcement.

-End-



-CITE-
    42 USC Sec. 2000e-10                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-10. Posting of notices; penalties

-STATUTE-
      (a) Every employer, employment agency, and labor organization, as
    the case may be, shall post and keep posted in conspicuous places
    upon its premises where notices to employees, applicants for
    employment, and members are customarily posted a notice to be
    prepared or approved by the Commission setting forth excerpts, from
    or, summaries of, the pertinent provisions of this subchapter and
    information pertinent to the filing of a complaint.
      (b) A willful violation of this section shall be punishable by a
    fine of not more than $100 for each separate offense.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 711, July 2, 1964, 78 Stat. 265.)

-End-



-CITE-
    42 USC Sec. 2000e-11                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

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

-STATUTE-
      Nothing contained in this subchapter shall be construed to repeal
    or modify any Federal, State, territorial, or local law creating
    special rights or preference for veterans.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 712, July 2, 1964, 78 Stat. 265.)

-End-



-CITE-
    42 USC Sec. 2000e-12                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-12. Regulations; conformity of regulations with
      administrative procedure provisions; reliance on interpretations
      and instructions of Commission

-STATUTE-
      (a) The Commission shall have authority from time to time to
    issue, amend, or rescind suitable procedural regulations to carry
    out the provisions of this subchapter. Regulations issued under
    this section shall be in conformity with the standards and
    limitations of subchapter II of chapter 5 of title 5.
      (b) In any action or proceeding based on any alleged unlawful
    employment practice, no person shall be subject to any liability or
    punishment for or on account of (1) the commission by such person
    of an unlawful employment practice if he pleads and proves that the
    act or omission complained of was in good faith, in conformity
    with, and in reliance on any written interpretation or opinion of
    the Commission, or (2) the failure of such person to publish and
    file any information required by any provision of this subchapter
    if he pleads and proves that he failed to publish and file such
    information in good faith, in conformity with the instructions of
    the Commission issued under this subchapter regarding the filing of
    such information. Such a defense, if established, shall be a bar to
    the action or proceeding, notwithstanding that (A) after such act
    or omission, such interpretation or opinion is modified or
    rescinded or is determined by judicial authority to be invalid or
    of no legal effect, or (B) after publishing or filing the
    description and annual reports, such publication or filing is
    determined by judicial authority not to be in conformity with the
    requirements of this subchapter.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 713, July 2, 1964, 78 Stat. 265.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "subchapter II of chapter 5 of title 5"
    substituted for "the Administrative Procedure Act" 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.


-MISC1-
                             RELIGIOUS LIBERTY                         
      Pub. L. 103-317, title VI, Sec. 610, Aug. 26, 1994, 108 Stat.
    1774, provided that:
      "(a) Findings. - The Congress finds that - 
        "(1) the liberties protected by our Constitution include
      religious liberty protected by the first amendment;
        "(2) citizens of the United States profess the beliefs of
      almost every conceivable religion;
        "(3) Congress has historically protected religious expression
      even from governmental action not intended to be hostile to
      religion;
        "(4) the Supreme Court has written that 'the free exercise of
      religion means, first and foremost, the right to believe and
      profess whatever religious doctrine one desires';
        "(5) the Supreme Court has firmly settled that under our
      Constitution the public expression of ideas may not be prohibited
      merely because the content of the ideas is offensive to some;
        "(6) Congress enacted the Religious Freedom Restoration Act of
      1993 [42 U.S.C. 2000bb et seq.] to restate and make clear again
      our intent and position that religious liberty is and should
      forever be granted protection from unwarranted and unjustified
      government intrusions and burdens;
        "(7) the Equal Employment Opportunity Commission has written
      proposed guidelines to title VII of the Civil Rights Act of 1964
      [42 U.S.C. 2000e et seq.], published in the Federal Register on
      October 1, 1993, that expand the definition of religious
      harassment beyond established legal standards set forth by the
      Supreme Court, and that may result in the infringement of
      religious liberty;
        "(8) such guidelines do not appropriately resolve issues
      related to religious liberty and religious expression in the
      workplace;
        "(9) properly drawn guidelines for the determination of
      religious harassment should provide appropriate guidance to
      employers and employees and assist in the continued preservation
      of religious liberty as guaranteed by the first amendment;
        "(10) the Commission states in its proposed guidelines that it
      retains wholly separate guidelines for the determination of
      sexual harassment because the Commission believes that sexual
      harassment raises issues about human interaction that are to some
      extent unique; and
        "(11) the subject of religious harassment also raises issues
      about human interaction that are to some extent unique in
      comparison to other harassment.
      "(b) Category of Religious Harassment in Proposed Guidelines. -
    For purposes of issuing final regulations under title VII of the
    Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.] in connection
    with the proposed guidelines published by the Equal Employment
    Opportunity Commission on October 1, 1993 (58 Fed. Reg. 51266), the
    Chairperson of the Equal Employment Opportunity Commission shall
    ensure that - 
        "(1) the category of religion shall be withdrawn from the
      proposed guidelines at this time;
        "(2) any new guidelines for the determination of religious
      harassment shall be drafted so as to make explicitly clear that
      symbols or expressions of religious belief consistent with the
      first amendment and the Religious Freedom Restoration Act of 1993
      [42 U.S.C. 2000bb et seq.] are not to be restricted and do not
      constitute proof of harassment;
        "(3) the Commission shall hold public hearings on such new
      proposed guidelines; and
        "(4) the Commission shall receive additional public comment
      before issuing similar new regulations."

-End-



-CITE-
    42 USC Sec. 2000e-13                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-13. Application to personnel of Commission of sections
      111 and 1114 of title 18; punishment for violation of section
      1114 of title 18

-STATUTE-
      The provisions of sections 111 and 1114, title 18, shall apply to
    officers, agents, and employees of the Commission in the
    performance of their official duties. Notwithstanding the
    provisions of sections 111 and 1114 of title 18, whoever in
    violation of the provisions of section 1114 of such title kills a
    person while engaged in or on account of the performance of his
    official functions under this Act shall be punished by imprisonment
    for any term of years or for life.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 714, July 2, 1964, 78 Stat. 265;
    Pub. L. 92-261, Sec. 8(g), Mar. 24, 1972, 86 Stat. 110.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means Pub. L. 88-352, July 2,
    1964, 78 Stat. 241, as amended, known as the Civil Rights Act of
    1964, which is classified principally to subchapters II to IX of
    this chapter (Sec. 2000a 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.


-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-261 inserted provisions which made section 1114
    of title 18 applicable to officers, etc., of the Commission and set
    forth punishment for violation of such section 1114.

-End-



-CITE-
    42 USC Sec. 2000e-14                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-14. Equal Employment Opportunity Coordinating Council;
      establishment; composition; duties; report to President and
      Congress

-STATUTE-
      The Equal Employment Opportunity Commission shall have the
    responsibility for developing and implementing agreements, policies
    and practices designed to maximize effort, promote efficiency, and
    eliminate conflict, competition, duplication and inconsistency
    among the operations, functions and jurisdictions of the various
    departments, agencies and branches of the Federal Government
    responsible for the implementation and enforcement of equal
    employment opportunity legislation, orders, and policies. On or
    before October 1 of each year, the Equal Employment Opportunity
    Commission shall transmit to the President and to the Congress a
    report of its activities, together with such recommendations for
    legislative or administrative changes as it concludes are desirable
    to further promote the purposes of this section.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 715, July 2, 1964, 78 Stat. 265;
    Pub. L. 92-261, Sec. 10, Mar. 24, 1972, 86 Stat. 111; Pub. L. 94-
    273, Sec. 3(24), Apr. 21, 1976, 90 Stat. 377; 1978 Reorg. Plan No.
    1, Sec. 6, eff. July 1, 1978, 43 F.R. 19807, 92 Stat. 3781.)

-COD-
                               CODIFICATION                           
      The first sentence of this section, which read "There shall be
    established an Equal Employment Opportunity Coordinating Council
    (hereinafter referred to in this section as the Council) composed
    of the Secretary of Labor, the Chairman of the Equal Employment
    Opportunity Commission, the Attorney General, the Chairman of the
    United States Civil Service Commission, and the Chairman of the
    United States Civil Rights Commission, or their respective
    delegates" was omitted pursuant to Reorg. Plan No. 1 of 1978, Sec.
    6, 43 F.R. 19807, 92 Stat. 3781, set out as a note under section
    2000e-4 of this title, which abolished the Equal Employment
    Opportunity Coordinating Council, effective July 1, 1978, as
    provided by section 1-101 of Ex. Ord. No. 12067, June 30, 1978, 43
    F.R. 28967, set out as a note under section 2000e of this title.
    See Transfer of Functions note below.


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-273 substituted "October" for "July".
      1972 - Pub. L. 92-261 substituted provisions which established
    the Equal Employment Opportunity Coordinating Council and set forth
    the composition, powers, and duties of the Council for provisions
    which directed the Secretary of Labor to make a report to the
    Congress not later than June 30, 1965 concerning discrimination in
    employment because of age.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section relating to transmittal of a report and recommendations to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    item 19 on page 165 of House Document No. 103-7.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Equal Employment Opportunity Commission" substituted in text for
    "Council", meaning Equal Employment Opportunity Coordinating
    Council, pursuant to Reorg. Plan. No. 1 of 1978, Sec. 6, 43 F.R.
    19807, 92 Stat. 3781, set out as a note under section 2000e-4 of
    this title, which abolished Equal Employment Opportunity
    Coordinating Council and transferred its functions to Equal
    Employment Opportunity Commission, effective July 1, 1978, as
    provided by section 1-101 of Ex. Ord. No. 12067, June 30, 1978, 43
    F.R. 28967, set out as a note under section 2000e of this title.


-MISC2-
     SUBMISSION OF SPECIFIC LEGISLATIVE RECOMMENDATIONS TO CONGRESS BY
        JANUARY 1, 1967, TO IMPLEMENT REPORT ON AGE DISCRIMINATION
      Pub. L. 89-601, title VI, Sec. 606, Sept. 23, 1966, 80 Stat. 845,
    directed the Secretary of Labor to submit to the Congress not later
    than Jan. 1, 1967 his specific legislative recommendations for
    implementing the conclusions and recommendations contained in his
    report on age discrimination in employment made pursuant to
    provisions of this section prior to its amendment in 1972.

-End-



-CITE-
    42 USC Sec. 2000e-15                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-15. Presidential conferences; acquaintance of leadership
      with provisions for employment rights and obligations; plans for
      fair administration; membership

-STATUTE-
      The President shall, as soon as feasible after July 2, 1964,
    convene one or more conferences for the purpose of enabling the
    leaders of groups whose members will be affected by this subchapter
    to become familiar with the rights afforded and obligations imposed
    by its provisions, and for the purpose of making plans which will
    result in the fair and effective administration of this subchapter
    when all of its provisions become effective. The President shall
    invite the participation in such conference or conferences of (1)
    the members of the President's Committee on Equal Employment
    Opportunity, (2) the members of the Commission on Civil Rights, (3)
    representatives of State and local agencies engaged in furthering
    equal employment opportunity, (4) representatives of private
    agencies engaged in furthering equal employment opportunity, and
    (5) representatives of employers, labor organizations, and
    employment agencies who will be subject to this subchapter.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 716(c), July 2, 1964, 78 Stat.
    266.)


-EXEC-
                         EXECUTIVE ORDER NO. 11197                     
      Ex. Ord. No. 11197, eff. Feb. 5, 1965, 30 F.R. 1721, which
    established the President's Council on Equal Opportunity, was
    revoked by Ex. Ord. No. 11247, eff. Sept. 24, 1965, 30 F.R. 12327,
    formerly set out as a note under section 2000d-1 of this title.

-End-



-CITE-
    42 USC Sec. 2000e-16                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-16. Employment by Federal Government

-STATUTE-
    (a) Discriminatory practices prohibited; employees or applicants
      for employment subject to coverage
      All personnel actions affecting employees or applicants for
    employment (except with regard to aliens employed outside the
    limits of the United States) in military departments as defined in
    section 102 of title 5, in executive agencies as defined in section
    105 of title 5 (including employees and applicants for employment
    who are paid from nonappropriated funds), in the United States
    Postal Service and the Postal Regulatory Commission, in those units
    of the Government of the District of Columbia having positions in
    the competitive service, and in those units of the judicial branch
    of the Federal Government having positions in the competitive
    service, in the Smithsonian Institution, and in the Government
    Printing Office, the Government Accountability Office, and the
    Library of Congress shall be made free from any discrimination
    based on race, color, religion, sex, or national origin.
    (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
      Except as otherwise provided in this subsection, the Equal
    Employment Opportunity Commission shall have authority to enforce
    the provisions of subsection (a) of this section through
    appropriate remedies, including reinstatement or hiring of
    employees with or without back pay, as will effectuate the policies
    of this section, and shall issue such rules, regulations, orders
    and instructions as it deems necessary and appropriate to carry out
    its responsibilities under this section. The Equal Employment
    Opportunity Commission shall - 
        (1) be responsible for the annual review and approval of a
      national and regional equal employment opportunity plan which
      each department and agency and each appropriate unit referred to
      in subsection (a) of this section shall submit in order to
      maintain an affirmative program of equal employment opportunity
      for all such employees and applicants for employment;
        (2) be responsible for the review and evaluation of the
      operation of all agency equal employment opportunity programs,
      periodically obtaining and publishing (on at least a semiannual
      basis) progress reports from each such department, agency, or
      unit; and
        (3) consult with and solicit the recommendations of interested
      individuals, groups, and organizations relating to equal
      employment opportunity.

    The head of each such department, agency, or unit shall comply with
    such rules, regulations, orders, and instructions which shall
    include a provision that an employee or applicant for employment
    shall be notified of any final action taken on any complaint of
    discrimination filed by him thereunder. The plan submitted by each
    department, agency, and unit shall include, but not be limited to -
    
        (1) provision for the establishment of training and education
      programs designed to provide a maximum opportunity for employees
      to advance so as to perform at their highest potential; and
        (2) a description of the qualifications in terms of training
      and experience relating to equal employment opportunity for the
      principal and operating officials of each such department,
      agency, or unit responsible for carrying out the equal employment
      opportunity program and of the allocation of personnel and
      resources proposed by such department, agency, or unit to carry
      out its equal employment opportunity program.

    With respect to employment in the Library of Congress, authorities
    granted in this subsection to the Equal Employment Opportunity
    Commission shall be exercised by the 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
      Within 90 days of receipt of notice of final action taken by a
    department, agency, or unit referred to in subsection (a) of this
    section, or by the Equal Employment Opportunity Commission upon an
    appeal from a decision or order of such department, agency, or unit
    on a complaint of discrimination based on race, color, religion,
    sex or national origin, brought pursuant to subsection (a) of this
    section, Executive Order 11478 or any succeeding Executive orders,
    or after one hundred and eighty days from the filing of the initial
    charge with the department, agency, or unit or with the Equal
    Employment Opportunity Commission on appeal from a decision or
    order of such department, agency, or unit until such time as final
    action may be taken by a department, agency, or unit, an employee
    or applicant for employment, if aggrieved by the final disposition
    of his complaint, or by the failure to take final action on his
    complaint, may file a civil action as provided in section 2000e-5
    of this title, in which civil action the head of the department,
    agency, or unit, as appropriate, shall be the defendant.
    (d) Section 2000e-5(f) through (k) of this title applicable to
      civil actions
      The provisions of section 2000e-5(f) through (k) of this title,
    as applicable, shall govern civil actions brought hereunder, and
    the same interest to compensate for delay in payment shall be
    available as in cases involving nonpublic parties..(!1)

    (e) Government agency or official not relieved of responsibility to
      assure nondiscrimination in employment or equal employment
      opportunity
      Nothing contained in this Act shall relieve any Government agency
    or official of its or his primary responsibility to assure
    nondiscrimination in employment as required by the Constitution and
    statutes or of its or his responsibilities under Executive Order
    11478 relating to equal employment opportunity in the Federal
    Government.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 717, as added Pub. L. 92-261, Sec.
    11, Mar. 24, 1972, 86 Stat. 111; amended 1978 Reorg. Plan No. 1,
    Sec. 3, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 96-
    191, Sec. 8(g), Feb. 15, 1980, 94 Stat. 34; Pub. L. 102-166, title
    I, Sec. 114, Nov. 21, 1991, 105 Stat. 1079; Pub. L. 104-1, title
    II, Sec. 201(c)(1), Jan. 23, 1995, 109 Stat. 8; Pub. L. 105-220,
    title III, Sec. 341(a), Aug. 7, 1998, 112 Stat. 1092; Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109-435,
    title VI, Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (e), means Pub. L. 88-352, July
    2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of
    1964, which is classified principally to subchapters II to IX of
    this chapter (Sec. 2000a 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.
      Executive Order 11478, as amended, referred to in subsecs. (c)
    and (e), is set out as a note under section 2000e of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-435 substituted "Postal
    Regulatory Commission" for "Postal Rate Commission".
      2004 - Subsec. (a). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      1998 - Subsec. (a). Pub. L. 105-220 inserted "in the Smithsonian
    Institution," before "and in the Government Printing Office,".
      1995 - Subsec. (a). Pub. L. 104-1 substituted "units of the
    judicial branch" for "units of the legislative and judicial
    branches" and inserted "Government Printing Office, the General
    Accounting Office, and the" before "Library of Congress".
      1991 - Subsec. (c). Pub. L. 102-166, Sec. 114(1), substituted "90
    days" for "thirty days".
      Subsec. (d). Pub. L. 102-166, Sec. 114(2), inserted before the
    period ", and the same interest to compensate for delay in payment
    shall be available as in cases involving nonpublic parties."
      1980 - Subsec. (a). Pub. L. 96-191 struck out "(other than the
    General Accounting Office)" after "in executive agencies".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-220 effective Aug. 7, 1998, and
    applicable to and may be raised in any administrative or judicial
    claim or action brought before Aug. 7, 1998, but pending on such
    date, and any administrative or judicial claim or action brought
    after such date regardless of whether the claim or action arose
    prior to such date, if the claim or action was brought within the
    applicable statute of limitations, see section 341(d) of Pub. L.
    105-220, set out as a note under section 633a of Title 29, Labor.

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-1 effective 1 year after Jan. 23, 1995,
    see section 1311(d) of Title 2, The Congress.

                     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. 96-191 effective Oct. 1, 1980, see section
    10(a) of Pub. L. 96-191.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Equal Employment Opportunity Commission" substituted for "Civil
    Service Commission" in subsecs. (b) and (c) pursuant to Reorg. Plan
    No. 1 of 1978, Sec. 3, 43 F.R. 19807, 92 Stat. 3781, set out as a
    note under section 2000e-4 of this title, which transferred all
    equal opportunity in Federal employment enforcement and related
    functions vested in Civil Service Commission by subsecs. (b) and
    (c) of this section to Equal Employment Opportunity Commission,
    with certain authority delegable to Director of Office of Personnel
    Management, effective Jan. 1, 1979, as provided by section 1-101 of
    Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053, set out as a note
    under section 2000e-4 of this title.


-EXEC-
         EX. ORD. NO. 13145. TO PROHIBIT DISCRIMINATION IN FEDERAL
                  EMPLOYMENT BASED ON GENETIC INFORMATION
      Ex. Ord. No. 13145, Feb. 8, 2000, 65 F.R. 6877, provided:
      By the authority vested in me as President of the United States
    by the Constitution and the laws of the United States of America,
    it is ordered as follows:
      Section 1. Nondiscrimination in Federal Employment on the Basis
    of Protected Genetic Information.
      1-101. It is the policy of the Government of the United States to
    provide equal employment opportunity in Federal employment for all
    qualified persons and to prohibit discrimination against employees
    based on protected genetic information, or information about a
    request for or the receipt of genetic services. This policy of
    equal opportunity applies to every aspect of Federal employment.
      1-102. The head of each Executive department and agency shall
    extend the policy set forth in section 1101 to all its employees
    covered by section 717 of Title VII of the Civil Rights Act of
    1964, as amended (42 U.S.C. 2000e-16).
      1-103. Executive departments and agencies shall carry out the
    provisions of this order to the extent permitted by law and
    consistent with their statutory and regulatory authorities, and
    their enforcement mechanisms. The Equal Employment Opportunity
    Commission shall be responsible for coordinating the policy of the
    Government of the United States to prohibit discrimination against
    employees in Federal employment based on protected genetic
    information, or information about a request for or the receipt of
    genetic services.
      Sec. 2. Requirements Applicable to Employing Departments and
    Agencies.
      1-201. Definitions.
        (a) The term "employee" shall include an employee, applicant
      for employment, or former employee covered by section 717 of the
      Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16).
        (b) Genetic monitoring means the periodic examination of
      employees to evaluate acquired modifications to their genetic
      material, such as chromosomal damage or evidence of increased
      occurrence of mutations, that may have developed in the course of
      employment due to exposure to toxic substances in the workplace,
      in order to identify, evaluate, respond to the effects of, or
      control adverse environmental exposures in the workplace.
        (c) Genetic services means health services, including genetic
      tests, provided to obtain, assess, or interpret genetic
      information for diagnostic or therapeutic purposes, or for
      genetic education or counseling.
        (d) Genetic test means the analysis of human DNA, RNA,
      chromosomes, proteins, or certain metabolites in order to detect
      disease-related genotypes or mutations. Tests for metabolites
      fall within the definition of "genetic tests" when an excess or
      deficiency of the metabolites indicates the presence of a
      mutation or mutations. The conducting of metabolic tests by a
      department or agency that are not intended to reveal the presence
      of a mutation shall not be considered a violation of this order,
      regardless of the results of the tests. Test results revealing a
      mutation shall, however, be subject to the provisions of this
      order.
        (e) Protected genetic information.
          (1) In general, protected genetic information means:
            (A) information about an individual's genetic tests;
            (B) information about the genetic tests of an individual's
          family members; or
            (C) information about the occurrence of a disease, or
          medical condition or disorder in family members of the
          individual.
          (2) Information about an individual's current health status
        (including information about sex, age, physical exams, and
        chemical, blood, or urine analyses) is not protected genetic
        information unless it is described in subparagraph (1).
      1-202. In discharging their responsibilities under this order,
    departments and agencies shall implement the following
    nondiscrimination requirements.
        (a) The employing department or agency shall not discharge,
      fail or refuse to hire, or otherwise discriminate against any
      employee with respect to the compensation, terms, conditions, or
      privileges of employment of that employee, because of protected
      genetic information with respect to the employee, or because of
      information about a request for or the receipt of genetic
      services by such employee.
        (b) The employing department or agency shall not limit,
      segregate, or classify employees in any way that would deprive or
      tend to deprive any employee of employment opportunities or
      otherwise adversely affect that employee's status, because of
      protected genetic information with respect to the employee or
      because of information about a request for or the receipt of
      genetic services by such employee.
        (c) The employing department or agency shall not request,
      require, collect, or purchase protected genetic information with
      respect to an employee, or information about a request for or the
      receipt of genetic services by such employee.
        (d) The employing department or agency shall not disclose
      protected genetic information with respect to an employee, or
      information about a request for or the receipt of genetic
      services by an employee except:
          (1) to the employee who is the subject of the information, at
        his or her request;
          (2) to an occupational or other health researcher, if the
        research conducted complies with the regulations and
        protections provided for under part 46 of title 45, of the Code
        of Federal Regulations;
          (3) if required by a Federal statute, congressional subpoena,
        or an order issued by a court of competent jurisdiction, except
        that if the subpoena or court order was secured without the
        knowledge of the individual to whom the information refers, the
        employer shall provide the individual with adequate notice to
        challenge the subpoena or court order, unless the subpoena or
        court order also imposes confidentiality requirements; or
          (4) to executive branch officials investigating compliance
        with this order, if the information is relevant to the
        investigation.
        (e) The employing department or agency shall not maintain
      protected genetic information or information about a request for
      or the receipt of genetic services in general personnel files;
      such information shall be treated as confidential medical records
      and kept separate from personnel files.
      Sec. 3. Exceptions.
      1-301. The following exceptions shall apply to the
    nondiscrimination requirements set forth in section 1202.
        (a) The employing department or agency may request or require
      information defined in section 1-201(e)(1)(C) with respect to an
      applicant who has been given a conditional offer of employment or
      to an employee if:
          (1) the request or requirement is consistent with the
        Rehabilitation Act [of 1973, 29 U.S.C. 701 et seq.] and other
        applicable law;
          (2) the information obtained is to be used exclusively to
        assess whether further medical evaluation is needed to diagnose
        a current disease, or medical condition or disorder, or under
        the terms of section 1-301(b) of this order;
          (3) such current disease, or medical condition or disorder
        could prevent the applicant or employee from performing the
        essential functions of the position held or desired; and
          (4) the information defined in section 1-201(e)(1)(C) of this
        order will not be disclosed to persons other than medical
        personnel involved in or responsible for assessing whether
        further medical evaluation is needed to diagnose a current
        disease, or medical condition or disorder, or under the terms
        of section 1-301(b) of this order.
        (b) The employing department or agency may request, collect, or
      purchase protected genetic information with respect to an
      employee, or any information about a request for or receipt of
      genetic services by such employee if:
          (1) the employee uses genetic or health care services
        provided by the employer (other than use pursuant to section 1-
        301(a) of this order);
          (2) the employee who uses the genetic or health care services
        has provided prior knowing, voluntary, and written
        authorization to the employer to collect protected genetic
        information;
          (3) the person who performs the genetic or health care
        services does not disclose protected genetic information to
        anyone except to the employee who uses the services for
        treatment of the individual; pursuant to section 1-202(d) of
        this order; for program evaluation or assessment; for compiling
        and analyzing information in anticipation of or for use in a
        civil or criminal legal proceeding; or, for payment or
        accounting purposes, to verify that the service was performed
        (but in such cases the genetic information itself cannot be
        disclosed);
          (4) such information is not used in violation of sections 1-
        202(a) or 1-202(b) of this order.
        (c) The employing department or agency may collect protected
      genetic information with respect to an employee if the
      requirements of part 46 of title 45 of the Code of Federal
      Regulations are met.
        (d) Genetic monitoring of biological effects of toxic
      substances in the workplace shall be permitted if all of the
      following conditions are met:
          (1) the employee has provided prior, knowing, voluntary, and
        written authorization;
          (2) the employee is notified when the results of the
        monitoring are available and, at that time, the employer makes
        any protected genetic information that may have been acquired
        during the monitoring available to the employee and informs the
        employee how to obtain such information;
          (3) the monitoring conforms to any genetic monitoring
        regulations that may be promulgated by the Secretary of Labor;
        and
          (4) the employer, excluding any licensed health care
        professionals that are involved in the genetic monitoring
        program, receives results of the monitoring only in aggregate
        terms that do not disclose the identity of specific employees.
        (e) This order does not limit the statutory authority of a
      Federal department or agency to:
          (1) promulgate or enforce workplace safety and health laws
        and regulations;
          (2) conduct or sponsor occupational or other health research
        that is conducted in compliance with regulations at part 46 of
        title 45, of the Code of Federal Regulations; or
          (3) collect protected genetic information as a part of a
        lawful program, the primary purpose of which is to carry out
        identification purposes.
      Sec. 4. Miscellaneous.
      1-401. The head of each department and agency shall take
    appropriate action to disseminate this policy and, to this end,
    shall designate a high level official responsible for carrying out
    its responsibilities under this order.
      1-402. Nothing in this order shall be construed to:
        (a) limit the rights or protections of an individual under the
      Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), the Privacy
      Act of 1974 (5 U.S.C. 552a), or other applicable law; or
        (b) require specific benefits for an employee or dependent
      under the Federal Employees Health Benefits Program or similar
      program.
      1-403. This order clarifies and makes uniform Administration
    policy and does not create any right or benefit, substantive or
    procedural, enforceable at law by a party against the United
    States, its officers or employees, or any other person.
                                                     William J. Clinton.

-FOOTNOTE-               

    (!1) So in original.


-End-



-CITE-
    42 USC Sec. 2000e-16a                                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

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

-STATUTE-
    (a) Short title
      Sections 2000e-16a to 2000e-16c of this title may be cited as the
    "Government Employee Rights Act of 1991".
    (b) Purpose
      The purpose of sections 2000e-16a to 2000e-16c of this title is
    to provide procedures to protect the rights of certain government
    employees, with respect to their public employment, to be free of
    discrimination on the basis of race, color, religion, sex, national
    origin, age, or disability.
    (c) "Violation" defined
      For purposes of sections 2000e-16a to 2000e-16c of this title,
    the term "violation" means a practice that violates section 2000e-
    16b(a) of this title.

-SOURCE-
    (Pub. L. 102-166, title III, Sec. 301, Nov. 21, 1991, 105 Stat.
    1088; Pub. L. 103-283, title III, Sec. 312(f)(1), July 22, 1994,
    108 Stat. 1446; Pub. L. 104-1, title V, Sec. 504(a)(1), Jan. 23,
    1995, 109 Stat. 40.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 2000e-16a to 2000e-16c of this title, referred to in
    text, was in the original "this title", meaning title III of Pub.
    L. 102-166, which is classified generally to sections 2000e-16a to
    2000e-16c of this title. For complete classification of title III
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1201 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-1 amended section generally, substituting
    "rights of certain government employees" for "right of Senate and
    other government employees" in subsec. (b) and striking out
    definitions of "Senate employee" and "head of employing office" in
    subsec. (c).
      1994 - Subsec. (c)(1)(B) to (D). Pub. L. 103-283, which directed
    the amendment of subsec. (c) by striking out subpar. (B),
    redesignating subpars. (C) and (D) as (B) and (C), respectively,
    and striking out "or (B)" after "described in subparagraph (A)" in
    subpars. (B) and (C), was executed by making the amendment to
    subsec. (c)(1) to reflect the probable intent of Congress. Prior to
    amendment, subpar. (B) read as follows: "any employee of the
    Architect of the Capitol who is assigned to the Senate Restaurants
    or to the Superintendent of the Senate Office Buildings;".

                              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.

-End-



-CITE-
    42 USC Sec. 2000e-16b                                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 2000e-16b. Discriminatory practices prohibited

-STATUTE-
    (a) Practices
      All personnel actions affecting the Presidential appointees
    described in section 1219 (!1) of title 2 or the State employees
    described in section 2000e-16c of this title shall be made free
    from any discrimination based on - 

        (1) race, color, religion, sex, or national origin, within the
      meaning of section 2000e-16 of this title;
        (2) age, within the meaning of section 633a of title 29; or
        (3) disability, within the meaning of section 791 of title 29
      and sections 12112 to 12114 of this title.
    (b) Remedies
      The remedies referred to in sections 1219(a)(1) (!1) of title 2
    and 2000e-16c(a) of this title - 
        (1) may include, in the case of a determination that a
      violation of subsection (a)(1) or (a)(3) of this section has
      occurred, such remedies as would be appropriate if awarded under
      sections 2000e-5(g), 2000e-5(k), and 2000e-16(d) of this title,
      and such compensatory damages as would be appropriate if awarded
      under section 1981 or sections 1981a(a) and 1981a(b)(2) of this
      title;
        (2) may include, in the case of a determination that a
      violation of subsection (a)(2) of this section has occurred, such
      remedies as would be appropriate if awarded under section 633a(c)
      of title 29; and
        (3) may not include punitive damages.

-SOURCE-
    (Pub. L. 102-166, title III, Sec. 302, Nov. 21, 1991, 105 Stat.
    1088; Pub. L. 104-1, title V, Sec. 504(a)(1), Jan. 23, 1995, 109
    Stat. 40.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1219 of title 2, referred to in text, was repealed by
    Pub. L. 104-331, Sec. 5(a), Oct. 26, 1996, 110 Stat. 4072.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1202 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 104-1 amended section generally. Prior to
    amendment, text read as follows: "All personnel actions affecting
    employees of the Senate shall be made free from any discrimination
    based on - 
        "(1) race, color, religion, sex, or national origin, within the
      meaning of section 2000e-16 of this title;
        "(2) age, within the meaning of section 633a of title 29; or
        "(3) handicap or disability, within the meaning of section 791
      of title 29 and sections 12112 to 12114 of this title."

                              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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 2000e-16c                                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

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

-STATUTE-
    (a) Application
      The rights, protections, and remedies provided pursuant to
    section 2000e-16b of this title shall apply with respect to
    employment of any individual chosen or appointed, by a person
    elected to public office in any State or political subdivision of
    any State by the qualified voters thereof - 
        (1) to be a member of the elected official's personal staff;
        (2) to serve the elected official on the policymaking level; or
        (3) to serve the elected official as an immediate advisor with
      respect to the exercise of the constitutional or legal powers of
      the office.
    (b) Enforcement by administrative action
      (1) In general
        Any individual referred to in subsection (a) of this section
      may file a complaint alleging a violation, not later than 180
      days after the occurrence of the alleged violation, with the
      Equal Employment Opportunity Commission, which, in accordance
      with the principles and procedures set forth in sections 554
      through 557 of title 5, shall determine whether a violation has
      occurred and shall set forth its determination in a final order.
      If the Equal Employment Opportunity Commission determines that a
      violation has occurred, the final order shall also provide for
      appropriate relief.
      (2) Referral to State and local authorities
        (A) Application
          Section 2000e-5(d) of this title shall apply with respect to
        any proceeding under this section.
        (B) Definition
          For purposes of the application described in subparagraph
        (A), the term "any charge filed by a member of the Commission
        alleging an unlawful employment practice" means a complaint
        filed under this section.
    (c) Judicial review
      Any party aggrieved by a final order under subsection (b) of this
    section may obtain a review of such order under chapter 158 of
    title 28. For the purpose of this review, the Equal Employment
    Opportunity Commission shall be an "agency" as that term is used in
    chapter 158 of title 28.
    (d) Standard of review
      To the extent necessary to decision and when presented, the
    reviewing court shall decide all relevant questions of law and
    interpret constitutional and statutory provisions. The court shall
    set aside a final order under subsection (b) of this section if it
    is determined that the order was - 
        (1) arbitrary, capricious, an abuse of discretion, or otherwise
      not consistent with law;
        (2) not made consistent with required procedures; or
        (3) unsupported by substantial evidence.

    In making the foregoing determinations, the court shall review the
    whole record or those parts of it cited by a party, and due account
    shall be taken of the rule of prejudicial error.
    (e) Attorney's fees
      If the individual referred to in subsection (a) of this section
    is the prevailing party in a proceeding under this subsection,(!1)
    attorney's fees may be allowed by the court in accordance with the
    standards prescribed under section 2000e-5(k) of this title.


-SOURCE-
    (Pub. L. 102-166, title III, Sec. 304, formerly Sec. 321, Nov. 21,
    1991, 105 Stat. 1097; renumbered Sec. 304 and amended Pub. L. 104-
    1, title V, Sec. 504(a)(3), (4), Jan. 23, 1995, 109 Stat. 41.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1220 of Title 2, The
    Congress.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 304 of Pub. L. 102-166 was classified to section
    1204 of Title 2, The Congress, prior to repeal by Pub. L. 104-1.

                                AMENDMENTS                            
      1995 - Subsec. (a). Pub. L. 104-1, Sec. 504(a)(4), struck out
    "and 1207(h) of title 2" before "shall apply" in introductory
    provisions.

                              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.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    42 USC Sec. 2000e-17                                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-
    Sec. 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

-STATUTE-
      No Government contract, or portion thereof, with any employer,
    shall be denied, withheld, terminated, or suspended, by any agency
    or officer of the United States under any equal employment
    opportunity law or order, where such employer has an affirmative
    action plan which has previously been accepted by the Government
    for the same facility within the past twelve months without first
    according such employer full hearing and adjudication under the
    provisions of section 554 of title 5, and the following pertinent
    sections: Provided, That if such employer has deviated
    substantially from such previously agreed to affirmative action
    plan, this section shall not apply: Provided further, That for the
    purposes of this section an affirmative action plan shall be deemed
    to have been accepted by the Government at the time the appropriate
    compliance agency has accepted such plan unless within forty-five
    days thereafter the Office of Federal Contract Compliance has
    disapproved such plan.

-SOURCE-
    (Pub. L. 88-352, title VII, Sec. 718, as added Pub. L. 92-261, Sec.
    13, Mar. 24, 1972, 86 Stat. 113.)

-End-


-CITE-
    42 USC SUBCHAPTER VII - REGISTRATION AND VOTING
           STATISTICS                                      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS

-HEAD-
            SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS        

-End-



-CITE-
    42 USC Sec. 2000f                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS

-HEAD-
    Sec. 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

-STATUTE-
      The Secretary of Commerce shall promptly conduct a survey to
    compile registration and voting statistics in such geographic areas
    as may be recommended by the Commission on Civil Rights. Such a
    survey and compilation shall, to the extent recommended by the
    Commission on Civil Rights, only include a count of persons of
    voting age by race, color, and national origin, and determination
    of the extent to which such persons are registered to vote, and
    have voted in any statewide primary or general election in which
    the Members of the United States House of Representatives are
    nominated or elected, since January 1, 1960. Such information shall
    also be collected and compiled in connection with the Nineteenth
    Decennial Census, and at such other times as the Congress may
    prescribe. The provisions of section 9 and chapter 7 of title 13
    shall apply to any survey, collection, or compilation of
    registration and voting statistics carried out under this
    subchapter: Provided, however, That no person shall be compelled to
    disclose his race, color, national origin, or questioned about his
    political party affiliation, how he voted, or the reasons
    therefore, nor shall any penalty be imposed for his failure or
    refusal to make such disclosure. Every person interrogated orally,
    by written survey or questionnaire or by any other means with
    respect to such information shall be fully advised with respect to
    his right to fail or refuse to furnish such information.

-SOURCE-
    (Pub. L. 88-352, title VIII, Sec. 801, July 2, 1964, 78 Stat. 266.)

-End-


-CITE-
    42 USC SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-
               SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE           

-End-



-CITE-
    42 USC Sec. 2000g                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-
    Sec. 2000g. Establishment of Service; Director of Service:
      appointment, term; personnel

-STATUTE-
      There is hereby established in and as a part of the Department of
    Commerce a Community Relations Service (hereinafter referred to as
    the "Service"), which shall be headed by a Director who shall be
    appointed by the President with the advice and consent of the
    Senate for a term of four years. The Director is authorized to
    appoint, subject to the civil service laws and regulations, such
    other personnel as may be necessary to enable the Service to carry
    out its functions and duties, and to fix their compensation in
    accordance with chapter 51 and subchapter III of chapter 53 of
    title 5.

-SOURCE-
    (Pub. L. 88-352, title X, Sec. 1001(a), July 2, 1964, 78 Stat. 267;
    Pub. L. 95-624, Sec. 5, Nov. 9, 1978, 92 Stat. 3462.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in text, are set forth in
    Title 5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      References to "chapter 51 and subchapter III of chapter 53 of
    title 5" and "section 3109 of title 5" substituted in text for "the
    Classification Act of 1949, as amended" and "section 15 of the Act
    of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55a)", 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.


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-624 struck out provision authorizing the
    Director to procure the services of experts and consultants at
    rates for individuals not in excess of $75 per diem.

                     REORGANIZATION PLAN NO. 1 OF 1966                 

              EFF. APR. 22, 1966, 31 F.R. 6187, 80 STAT. 1607          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, February 10,
      1966, pursuant to the provisions of the Reorganization Act of
      1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                        COMMUNITY RELATIONS SERVICE                    

                      SECTION 1. TRANSFER OF SERVICE                  
      Subject to the provisions of this reorganization plan, the
    Community Relations Service now existing in the Department of
    Commerce under the Civil Rights Act of 1964 (Pub. L. No. 88-352,
    July 2, 1964) [see Short Title note under 42 U.S.C. 2000a],
    including the office of Director there of, is hereby transferred to
    the Department of Justice.

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      All functions of the Community Relations Service, and all
    functions of the Director of the Community Relations Service,
    together with all functions of the Secretary of Commerce and the
    Department of Commerce with respect thereto, are hereby transferred
    to the Attorney General.

                       SEC. 3. INCIDENTAL TRANSFERS                   
      (a) Section 1 hereof shall be deemed to transfer to the
    Department of Justice the personnel, property, and records of the
    Community Relations Service and the unexpended balances of
    appropriations, allocations, and other funds available or to be
    made available to the Service.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1966, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganization of community relations functions in
    the area of civil rights.
      After a careful review of the activities of the Federal agencies
    involved in the field of civil rights, it became clear that the
    elimination of duplication and undesirable overlap required the
    consolidation of certain functions.
      As a first step, I issued Executive Orders 11246 and 11247 on
    September 24, 1965.
      Executive Order 11246 simplified and clarified executive branch
    assignments of responsibility for enforcing civil rights policies
    and placed responsibility for the Government-wide coordination of
    the enforcement activities of executive agencies in the Secretary
    of Labor with respect to employment by Federal contractors and in
    the Civil Service Commission with respect to employment by Federal
    agencies.
      Executive Order 11247 directed the Attorney General to assist
    Federal agencies in coordinating their enforcement activities with
    respect to title VI of the Civil Rights Act of 1964, which
    prohibits discrimination in federally assisted programs.
      As a further step for strengthening the operation and
    coordination of our civil rights programs, I now recommend transfer
    of the functions of the Community Relations Service, established in
    the Department of Commerce under title X of the Civil Rights Act of
    1964, to the Attorney General and transfer of the Service,
    including the Office of Director, to the Department of Justice.
      The Community Relations Service was located in the Department of
    Commerce by the Congress on the assumption that a primary need
    would be the conciliation of disputes arising out of the public
    accommodations title of the act. That decision was appropriate on
    the basis of information available at that time. The need for
    conciliation in this area has not been as great as anticipated
    because of the voluntary progress that has been made by businessmen
    and business organizations.
      To be effective, assistance to communities in the identification
    and conciliation of disputes should be closely and tightly
    coordinated. Thus, in any particular situation that arises within a
    community, representatives of Federal agencies whose programs are
    involved should coordinate their efforts through a single agency.
    In recent years, the Civil Rights Division of the Justice
    Department has played such a coordinating role in many situations,
    and has done so with great effectiveness.
      Placing the Community Relations Service within the Justice
    Department will enhance the ability of the Justice Department to
    mediate and conciliate and will insure that the Federal Government
    speaks with a unified voice in those tense situations where the
    good offices of the Federal Government are called upon to assist.
      In this, as in other areas of Federal operations, we will move
    more surely and rapidly toward our objectives if we improve Federal
    organization and the arrangements for interagency coordination. The
    accompanying reorganization plan has that purpose.
      The present distribution of Federal civil rights responsibilities
    clearly indicates that the activities of the Community Relations
    Service will fit most appropriately in the Department of Justice.
      The Department of Justice has primary program responsibilities in
    civil rights matters and deep and broad experience in the
    conciliation of civil rights disputes. Congress has assigned it a
    major role in the implementation of the Civil Rights Act of 1957,
    1960, and 1964, and the Voting Rights Act of 1965. The Department
    of Justice performs related functions under other acts of Congress.
    Most of these responsibilities require not only litigation, but
    also efforts at persuasion, negotiation, and explanation,
    especially with local governments and law enforcement authorities.
    In addition, under the Law Enforcement Assistance Act the
    Department will be supporting local programs in the area of police-
    community relations.
      The test of the effectiveness of an enforcement agency is not how
    many legal actions are initiated and won, but whether there is
    compliance with the law. Thus, every such agency necessarily
    engages in extensive efforts to obtain compliance with the law and
    the avoidance of disputes. In fact, title VI of the Civil Rights
    Act of 1964 requires each agency concerned to attempt to obtain
    compliance by voluntary means before taking further action.
      Among the heads of Cabinet departments the President looks
    principally to the Attorney General for advice and judgment on
    civil rights issues. The latter is expected to be familiar with
    civil rights problems in all parts of the Nation and to make
    recommendations for executive and legislative action.
      The Attorney General already has responsibility with respect to a
    major portion of Federal conciliation efforts in the civil rights
    field. Under Executive Order 11247, he coordinates the Government-
    wide enforcement of title VI of the Civil Rights Act of 1964,
    which relies heavily on the achievement of compliance through
    persuasion and negotiation.
      In the light of these facts, the accompanying reorganization plan
    would transfer the functions of the Community Relations Service and
    of its Director to the Attorney General. In so providing, the plan,
    of course, follows the established pattern of Federal organization
    by vesting all the transferred powers in the head of the
    department. The Attorney General will provide for the organization
    of the Community Relations Service as a separate unit within the
    Department of Justice.
      The functions transferred by the reorganization plan would be
    carried out with full regard for the provisions of section 1003 of
    title X of the Civil Rights Act of 1964 relating to (1) cooperation
    with appropriate State or local, public, or private agencies; (2)
    the confidentiality of information acquired with the understanding
    that it would be so held; and (3) the limitation on the performance
    of investigative or prosecutive functions by personnel of the
    Service.
      This transfer will benefit both the Department of Justice and the
    Community Relations Service in the fulfillment of their existing
    functions.
      The Attorney General will benefit in his role as the President's
    adviser by obtaining an opportunity to anticipate and meet problems
    before the need for legal action arises.
      The Community Relations Service, brought into closer relationship
    with the Attorney General and the Civil Rights Division of the
    Department of Justice, will gain by becoming a primary resource in
    a coordinated effort in civil rights under the leadership of the
    Attorney General. The Community Relations Service will have direct
    access to the extensive information, experience, staff, and
    facilities within the Department and in other Federal agencies.
      Finally, the responsibility for coordinating major Government
    activities under the Civil Rights Act aimed at voluntary and
    peaceful resolution of discriminatory practices will be centered in
    one department. Thus, the reorganization will permit the most
    efficient and effective utilization of resources in this field.
    Together the Service and the Department will have a larger capacity
    for accomplishment than they do apart.
      Although the reorganizations provided for in the reorganization
    plan will not of themselves result in immediate savings, the
    improvement achieved in administration will permit a fuller and
    more effective utilization of manpower and will in the future allow
    the performance of the affected functions at lower costs than would
    otherwise be possible.
      After investigation I have found and hereby declare that each
    organization included in Reorganization Plan No. 1 of 1966 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                      Lyndon B. Johnson.

      The White House, February 10, 1966.

-End-



-CITE-
    42 USC Sec. 2000g-1                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-
    Sec. 2000g-1. Functions of Service

-STATUTE-
      It shall be the function of the Service to provide assistance to
    communities and persons therein in resolving disputes,
    disagreements, or difficulties relating to discriminatory practices
    based on race, color, or national origin which impair the rights of
    persons in such communities under the Constitution or laws of the
    United States or which affect or may affect interstate commerce.
    The Service may offer its services in cases of such disputes,
    disagreements, or difficulties whenever, in its judgment, peaceful
    relations among the citizens of the community involved are
    threatened thereby, and it may offer its services either upon its
    own motion or upon the request of an appropriate State or local
    official or other interested person.

-SOURCE-
    (Pub. L. 88-352, title X, Sec. 1002, July 2, 1964, 78 Stat. 267.)

-End-



-CITE-
    42 USC Sec. 2000g-2                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-
    Sec. 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

-STATUTE-
      (a) The Service shall, whenever possible, in performing its
    functions, seek and utilize the cooperation of appropriate State or
    local, public, or private agencies.
      (b) The activities of all officers and employees of the Service
    in providing conciliation assistance shall be conducted in
    confidence and without publicity, and the Service shall hold
    confidential any information acquired in the regular performance of
    its duties upon the understanding that it would be so held. No
    officer or employee of the Service shall engage in the performance
    of investigative or prosecuting functions of any department or
    agency in any litigation arising out of a dispute in which he acted
    on behalf of the Service. Any officer or other employee of the
    Service, who shall make public in any manner whatever any
    information in violation of this subsection, shall be deemed guilty
    of a misdemeanor and, upon conviction thereof, shall be fined not
    more than $1,000 or imprisoned not more than one year.

-SOURCE-
    (Pub. L. 88-352, title X, Sec. 1003, July 2, 1964, 78 Stat. 267.)

-End-



-CITE-
    42 USC Sec. 2000g-3                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-
    Sec. 2000g-3. Reports to Congress

-STATUTE-
      Subject to the provisions of sections 2000a-4 and 2000g-2(b) of
    this title, the Director shall, on or before January 31 of each
    year, submit to the Congress a report of the activities of the
    Service during the preceding fiscal year.

-SOURCE-
    (Pub. L. 88-352, title X, Sec. 1004, July 2, 1964, 78 Stat. 267.)

-End-


-CITE-
    42 USC SUBCHAPTER IX - MISCELLANEOUS PROVISIONS             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-
                 SUBCHAPTER IX - MISCELLANEOUS PROVISIONS             

-End-



-CITE-
    42 USC Sec. 2000h                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2000h. Criminal contempt proceedings: trial by jury, criminal
      practice, penalties, exceptions, intent; civil contempt
      proceedings

-STATUTE-
      In any proceeding for criminal contempt arising under title II,
    III, IV, V, VI, or VII of this Act, the accused, upon demand
    therefor, shall be entitled to a trial by jury, which shall conform
    as near as may be to the practice in criminal cases. Upon
    conviction, the accused shall not be fined more than $1,000 or
    imprisoned for more than six months.
      This section shall not apply to contempts committed in the
    presence of the court, or so near thereto as to obstruct the
    administration of justice, nor to the misbehavior, misconduct, or
    disobedience of any officer of the court in respect to writs,
    orders, or process of the court. No person shall be convicted of
    criminal contempt hereunder unless the act or omission constituting
    such contempt shall have been intentional, as required in other
    cases of criminal contempt.
      Nor shall anything herein 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. 88-352, title XI, Sec. 1101, July 2, 1964, 78 Stat. 268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title II, III, IV, V, VI, or VII of this Act, referred to in
    text, mean title II, III, IV, V, VI, or VII of Pub. L. 88-352, July
    2, 1964, 78 Stat. 243, as amended. Titles II, III, and IV are
    classified generally to subchapters II (Sec. 2000a et seq.), III
    (Sec. 2000b et seq.), and IV (Sec. 2000c et seq.) of this chapter.
    Title V amended sections 1975a to 1975d of this title. Title VI
    enacted sections 2000d to 2000d-4 of this title. Title VII enacted
    sections 2000e to 2000e-15 of this title, amended sections 2204 and
    2205 of former Title 5, Executive Departments and Government
    Officers and Employees, and enacted provisions set out as a note
    under section 2000e of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2000a of this title and Tables.

-End-



-CITE-
    42 USC Sec. 2000h-1                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

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

-STATUTE-
      No person should be put twice in jeopardy under the laws of the
    United States for the same act or omission. For this reason, an
    acquittal or conviction in a prosecution for a specific crime under
    the laws of the United States shall bar a proceeding for criminal
    contempt, which is based upon the same act or omission and which
    arises under the provisions of this Act; and an acquittal or
    conviction in a proceeding for criminal contempt, which arises
    under the provisions of this Act, shall bar a prosecution for a
    specific crime under the laws of the United States based upon the
    same act or omission.

-SOURCE-
    (Pub. L. 88-352, title XI, Sec. 1102, July 2, 1964, 78 Stat. 268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,
    78 Stat. 241, as amended, known as the Civil Rights Act of 1964,
    which is classified principally to subchapters II to IX of this
    chapter (Sec. 2000a 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.

-End-



-CITE-
    42 USC Sec. 2000h-2                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2000h-2. Intervention by Attorney General; denial of equal
      protection on account of race, color, religion, sex or national
      origin

-STATUTE-
      Whenever an action has been commenced in any court of the United
    States seeking relief from the denial of equal protection of the
    laws under the fourteenth amendment to the Constitution on account
    of race, color, religion, sex or national origin, the Attorney
    General for or in the name of the United States may intervene in
    such action upon timely application if the Attorney General
    certifies that the case is of general public importance. In such
    action the United States shall be entitled to the same relief as if
    it had instituted the action.

-SOURCE-
    (Pub. L. 88-352, title IX, Sec. 902, July 2, 1964, 78 Stat. 266;
    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 Sec. 2000h-3                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2000h-3. Construction of provisions not to affect authority of
      Attorney General, etc., to institute or intervene in actions or
      proceedings

-STATUTE-
      Nothing in this Act shall be construed to deny, impair, or
    otherwise affect any right or authority of the Attorney General or
    of the United States or any agency or officer thereof under
    existing law to institute or intervene in any action or proceeding.

-SOURCE-
    (Pub. L. 88-352, title XI, Sec. 1103, July 2, 1964, 78 Stat. 268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,
    78 Stat. 241, as amended, known as the Civil Rights Act of 1964,
    which is classified principally to subchapters II to IX of this
    chapter (Sec. 2000a 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.

-End-



-CITE-
    42 USC Sec. 2000h-4                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2000h-4. Construction of provisions not to exclude operation
      of State laws and not to invalidate consistent State laws

-STATUTE-
      Nothing contained in any title of this Act shall be construed as
    indicating an intent on the part of Congress to occupy the field in
    which any such title operates to the exclusion of State laws on the
    same subject matter, nor shall any provision of this Act be
    construed as invalidating any provision of State law unless such
    provision is inconsistent with any of the purposes of this Act, or
    any provision thereof.

-SOURCE-
    (Pub. L. 88-352, title XI, Sec. 1104, July 2, 1964, 78 Stat. 268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,
    78 Stat. 241, as amended, known as the Civil Rights Act of 1964,
    which is classified principally to subchapters II to IX of this
    chapter (Sec. 2000a 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.

-End-



-CITE-
    42 USC Sec. 2000h-5                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2000h-5. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated such sums as are
    necessary to carry out the provisions of this Act.

-SOURCE-
    (Pub. L. 88-352, title XI, Sec. 1105, July 2, 1964, 78 Stat. 268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,
    78 Stat. 241, as amended, known as the Civil Rights Act of 1964,
    which is classified principally to subchapters II to IX of this
    chapter (Sec. 2000a 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.

-End-



-CITE-
    42 USC Sec. 2000h-6                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2000h-6. Separability

-STATUTE-
      If any provision of this Act or the application thereof to any
    person or circumstances is held invalid, the remainder of the Act
    and the application of the provision to other persons not similarly
    situated or to other circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 88-352, title XI, Sec. 1106, July 2, 1964, 78 Stat. 268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act and the Act, referred to in text, is Pub. L. 88-352,
    July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights
    Act of 1964, which is classified principally to subchapters II to
    IX of this chapter (Sec. 2000a 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.

-End-