dreamproit/uscode huggingface dataset:
42 U.S.C. § 1997f (THE PUBLIC HEALTH AND WELFARE)
§ 1997f. Report to Congress
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.
(Pub. L. 96–247, § 8, May 23, 1980, 94 Stat. 353; Pub. L. 97–256, title II, § 201(b), Sept. 8, 1982, 96 Stat. 817; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(e)], Apr. 26, 1996, 110 Stat. 1321, 1321–73; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
heading: Amendments
text: 1996—Pub. L. 104–134 substituted “the report” for “his report” in introductory provisions .
1982—Pub. L. 97–256 substituted “Attorney General” for “Attorney”.
42 U.S.C. § 1997g (THE PUBLIC HEALTH AND WELFARE)
§ 1997g. Priorities for use of funds
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.
(Pub. L. 96–247, § 9, May 23, 1980, 94 Stat. 354.)
42 U.S.C. § 1997h (THE PUBLIC HEALTH AND WELFARE)
§ 1997h. Notice to Federal departments
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.
(Pub. L. 96–247, § 10, May 23, 1980, 94 Stat. 354; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(f)], Apr. 26, 1996, 110 Stat. 1321, 1321–73; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
heading: Amendments
text: 1996—Pub. L. 104–134 substituted “the action” for “his action” and “the Attorney General is satisfied” for “he is satisfied”.
42 U.S.C. § 1997j (THE PUBLIC HEALTH AND WELFARE)
§ 1997j. Disclaimer respecting private litigation
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.
(Pub. L. 96–247, § 12, May 23, 1980, 94 Stat. 354.)
42 U.S.C. § 2000a–1 (THE PUBLIC HEALTH AND WELFARE)
§ 2000a–1. Prohibition against discrimination or segregation required by any law, statute, ordinance, regulation, rule or order of a State or State agency
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.
(Pub. L. 88–352, title II, § 202, July 2, 1964, 78 Stat. 244.)
42 U.S.C. § 2000a–2 (THE PUBLIC HEALTH AND WELFARE)
§ 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
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.
(Pub. L. 88–352, title II, § 203, July 2, 1964, 78 Stat. 244.)
42 U.S.C. § 2000a–4 (THE PUBLIC HEALTH AND WELFARE)
§ 2000a–4. Community Relations Service; investigations and hearings; executive session; release of testimony; duty to bring about voluntary settlements
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.
(Pub. L. 88–352, title II, § 205, July 2, 1964, 78 Stat. 244.)
42 U.S.C. § 2000a–6 (THE PUBLIC HEALTH AND WELFARE)
§ 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
(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.
(Pub. L. 88–352, title II, § 207, July 2, 1964, 78 Stat. 245.)
42 U.S.C. § 2000b (THE PUBLIC HEALTH AND WELFARE)
§ 2000b. Civil actions by the Attorney General
(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.
(Pub. L. 88–352, title III, § 301, July 2, 1964, 78 Stat. 246.)
42 U.S.C. § 2000b–1 (THE PUBLIC HEALTH AND WELFARE)
§ 2000b–1. Liability of United States for costs and attorney’s fee
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.
(Pub. L. 88–352, title III, § 302, July 2, 1964, 78 Stat. 246.)
42 U.S.C. § 2000b–2 (THE PUBLIC HEALTH AND WELFARE)
§ 2000b–2. Personal suits for relief against discrimination in public facilities
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.
(Pub. L. 88–352, title III, § 303, July 2, 1964, 78 Stat. 246.)
42 U.S.C. § 2000b–3 (THE PUBLIC HEALTH AND WELFARE)
§ 2000b–3. “Complaint” defined
A complaint as used in this subchapter is a writing or document within the meaning of section 1001, title 18.
(Pub. L. 88–352, title III, § 304, July 2, 1964, 78 Stat. 246.)
42 U.S.C. § 2000c (THE PUBLIC HEALTH AND WELFARE)
§ 2000c. Definitions
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.
(Pub. L. 88–352, title IV, § 401, July 2, 1964, 78 Stat. 246; Pub. L. 92–318, title IX, § 906(a), June 23, 1972, 86 Stat. 375; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.)
heading: Amendments
text: 1972—Subsec. (b). Pub. L. 92–318 inserted “sex” after “religion,”.
heading: Transfer of Functions
text: “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.
42 U.S.C. § 2000c–1 (THE PUBLIC HEALTH AND WELFARE)
§ 2000c–1. Omitted
heading: Codification
text: Section, Pub. L. 88–352, title IV, § 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.
42 U.S.C. § 2000c–2 (THE PUBLIC HEALTH AND WELFARE)
§ 2000c–2. Technical assistance in preparation, adoption, and implementation of plans for desegregation of public schools
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.
(Pub. L. 88–352, title IV, § 403, July 2, 1964, 78 Stat. 247; Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692.)
heading: Transfer of Functions
text: “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.
42 U.S.C. § 2000c–3 (THE PUBLIC HEALTH AND WELFARE)
§ 2000c–3. Training institutes; stipends; travel allowances
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.
(Pub. L. 88–352, title IV, § 404, July 2, 1964, 78 Stat. 247; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.)
heading: Transfer of Functions
text: “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.
42 U.S.C. § 2000c–4 (THE PUBLIC HEALTH AND WELFARE)
§ 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
(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.
(Pub. L. 88–352, title IV, § 405, July 2, 1964, 78 Stat. 247; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.)
heading: Transfer of Functions
text: “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.
42 U.S.C. § 2000c–5 (THE PUBLIC HEALTH AND WELFARE)
§ 2000c–5. Payments; adjustments; advances or reimbursement; installments
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.
(Pub. L. 88–352, title IV, § 406, July 2, 1964, 78 Stat. 248; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.)
heading: Transfer of Functions
text: “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.
42 U.S.C. § 2000c–7 (THE PUBLIC HEALTH AND WELFARE)
§ 2000c–7. Liability of United States for costs
In any action or proceeding under this subchapter the United States shall be liable for costs the same as a private person.
(Pub. L. 88–352, title IV, § 408, July 2, 1964, 78 Stat. 249.)
42 U.S.C. § 2000c–8 (THE PUBLIC HEALTH AND WELFARE)
§ 2000c–8. Personal suits for relief against discrimination in public education
Nothing in this subchapter shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education.
(Pub. L. 88–352, title IV, § 409, July 2, 1964, 78 Stat. 249.)
42 U.S.C. § 2000c–9 (THE PUBLIC HEALTH AND WELFARE)
§ 2000c–9. Classification and assignment
Nothing in this subchapter shall prohibit classification and assignment for reasons other than race, color, religion, sex or national origin.
(Pub. L. 88–352, title IV, § 410, July 2, 1964, 78 Stat. 249; Pub. L. 92–318, title IX, § 906(a), June 23, 1972, 86 Stat. 375.)
heading: Amendments
text: 1972—Pub. L. 92–318 inserted “sex” after “religion,”.
42 U.S.C. § 2000d–2 (THE PUBLIC HEALTH AND WELFARE)
§ 2000d–2. Judicial review; administrative procedure provisions
Any department or agency action taken pursuant to section 2000d–1 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 2000d–1 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter.
(Pub. L. 88–352, title VI, § 603, July 2, 1964, 78 Stat. 253.)
heading: Codification
text: “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, § 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.
42 U.S.C. § 2000d–3 (THE PUBLIC HEALTH AND WELFARE)
§ 2000d–3. Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment
Nothing contained in this subchapter shall be construed to authorize action under this subchapter by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment.
(Pub. L. 88–352, title VI, § 604, July 2, 1964, 78 Stat. 253.)
42 U.S.C. § 2000d–4 (THE PUBLIC HEALTH AND WELFARE)
§ 2000d–4. Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty
Nothing in this subchapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.
(Pub. L. 88–352, title VI, § 605, July 2, 1964, 78 Stat. 253.)