---
kind: "range"
citation: "42 U.S.C. §§ 2000d–2000d–5"
title: "42"
from: "2000d"
to: "2000d–5"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/42/2000d..2000d-5"
---

# §2000d. Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin


No [person](/usc/42/1320a–7k.md?p=d-4-C-i) in the [United States](/usc/42/403.md?p=k) 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](/usc/42/2000d–4a.md) receiving Federal financial assistance.


# §2000d–1. Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules and regulations; approval by President; compliance with requirements; reports to Congressional committees; effective date of administrative action


Each Federal department and agency which is empowered to extend Federal financial assistance to any [program or activity](/usc/42/2000d–4a.md), 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](/usc/42/2000d.md) with respect to such [program or activity](/usc/42/2000d–4a.md) 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](/usc/42/2000d–4a.md) to any [recipient](/usc/42/2996a.md?p=6) 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](/usc/42/2996a.md?p=6) as to whom such a finding has been made and, shall be limited in its effect to the particular [program](/usc/42/2000d–4a.md), 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](/usc/42/1320a–7k.md?p=d-4-C-i) or [persons](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/2000d–4a.md) 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.


# §2000d–2. Judicial review; administrative procedure provisions


Any department or agency action taken pursuant to [section 2000d–1 of this title](/usc/42/2000d–1.md) 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](/usc/42/2000d–1.md), any [person](/usc/42/1320a–7k.md?p=d-4-C-i) aggrieved (including any [State](/usc/42/201.md?p=f) or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with [chapter 7](/usc/5/chptI-ch7.md) of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter.


# §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](/usc/42/2000ff.md?p=2-C), or [labor organization](/usc/42/2000ff.md?p=2-C) except where a primary objective of the 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


Nothing in this subchapter shall add to or detract from any existing authority with respect to any [program or activity](/usc/42/2000d–4a.md) under which Federal financial assistance is extended by way of a contract of insurance or guaranty.


# §2000d–4a. “Program or activity” and “program” defined


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](/usc/42/201.md?p=f) or of a [local government](/usc/42/8401a.md); or
  - (B) the entity of such [State](/usc/42/201.md?p=f) or [local government](/usc/42/8401a.md) that distributes such assistance and each such department or agency (and each other [State](/usc/42/201.md?p=f) or [local government](/usc/42/8401a.md) entity) to which the assistance is extended, in the case of assistance to a [State](/usc/42/201.md?p=f) or [local government](/usc/42/8401a.md);
- (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](/usc/20/7801.md)), system of vocational education, or other [school](/usc/42/6372.md?p=1) system;
- (3)
  - (A) an entire [corporation](/usc/42/2296b–7.md?p=1), partnership, or other private organization, or an entire sole proprietorship—
    - (i) if assistance is extended to such [corporation](/usc/42/2296b–7.md?p=1), partnership, private organization, or sole proprietorship as a whole; or
    - (ii) which is principally engaged in the business of providing education, health care, [housing](/usc/42/1490p–2.md?p=r-3), social services, or parks and recreation; or
  - (B) the entire plant or other comparable, geographically separate [facility](/usc/42/11049.md?p=4) to which Federal financial assistance is extended, in the case of any other [corporation](/usc/42/2296b–7.md?p=1), 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)](#1), [(2)](#2), or [(3)](#3);

any part of which is extended Federal financial assistance.


# §2000d–5. Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act


The [Secretary](/usc/42/242q–4.md?p=2) of Education shall not defer action or order action deferred on any application by a local educational agency for [funds](/usc/42/12854.md?p=3) authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](/usc/20/6301.md) 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](https://uscode.house.gov/view.xhtml?req=(/us/usc/t20/s331)) et seq.], on the basis of alleged noncompliance with the provisions of title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](/usc/42/2000d.md) et seq.] 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 602](/usc/42/602.md) of title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d–1](/usc/42/2000d–1.md)], 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](/usc/42/242q–4.md?p=2), 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 title VI of the Civil Rights Act of 1964: Provided, That, for the purpose of determining whether a local educational agency is in compliance with title VI of the Civil Rights Act of 1964 (Public Law 88–352), compliance by such agency with a final order or judgment of a Federal court for the desegregation of the [school](/usc/42/6372.md?p=1) or [school](/usc/42/6372.md?p=1) system operated by such agency shall be deemed to be compliance with such title VI, insofar as the matters covered in the order or judgment are concerned.