§ 5332. — Nondiscrimination.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5332]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5332. Nondiscrimination
(a) Definition.--In this section, ``person'' includes a governmental
authority, political subdivision, authority, legal representative,
trust, unincorporated organization, trustee, trustee in bankruptcy, and
receiver.
(b) Prohibitions.--A person may not be excluded from participating
in, denied a benefit of, or discriminated against under, a project,
program, or activity receiving financial assistance under this chapter
because of race, color, creed, national origin, sex, or age.
(c) Compliance.--(1) The Secretary of Transportation shall take
affirmative action to ensure compliance with subsection (b) of this
section.
(2) When the Secretary decides that a person receiving financial
assistance under this chapter is not complying with subsection (b) of
this section, a civil rights law of the United States, or a regulation
or order under that law, the Secretary shall notify the person of the
decision and require action be taken to ensure compliance with
subsection (b).
(d) Authority of Secretary for Noncompliance.--If a person does not
comply with subsection (b) of this section within a reasonable time
after receiving notice, the Secretary shall--
(1) direct that no further financial assistance of the United
States Government under this chapter be provided to the person;
(2) refer the matter to the Attorney General with a
recommendation that a civil action be brought;
(3) proceed under title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.); and
(4) take any other action provided by law.
(e) Civil Actions by Attorney General.--The Attorney General may
bring a civil action for appropriate relief when--
(1) a matter is referred to the Attorney General under
subsection (d)(2) of this section; or
(2) the Attorney General believes a person is engaged in a
pattern or practice in violation of this section.
(f) Application and Relationship to Other Laws.--This section
applies to an employment or business opportunity and is in addition to
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 834.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5332(a)............................... 49 App.:1615(a)(5). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 19; added Nov. 6, 1978,
Pub. L. 95-599, Sec. 314, 92 Stat.
2750.
5332(b)............................... 49 App.:1615(a)(1) (1st
sentence).
5332(c)............................... 49 App.:1615(a)(2), (3)(A).
5332(d)............................... 49 App.:1615(a)(3)(B).
5332(e)............................... 49 App.:1615(a)(4).
5332(f)............................... 49 App.:1615(a)(1) (last
sentence).
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In subsection (a), the words ``the term'' and ``one or more'' are
omitted as surplus. The words ``partnerships, associations,
corporations'' and ``mutual companies, joint-stock companies'' are
omitted because of 1:1.
In subsection (b), the word ``receiving'' is substituted for
``funded in whole or in part through'' to eliminate unnecessary words.
In subsection (c)(2), the words ``directly or indirectly'',
``issued'', and ``necessary'' are omitted as surplus.
In subsection (d), before clause (1), the words ``does not'' are
substituted for ``fails or refuses to'' to eliminate unnecessary words.
The words ``period of'' and ``pursuant to paragraph (a) of this
subsection'' are omitted as surplus. In clause (2), the word
``appropriate'' is omitted as surplus. In clause (3), the words
``proceed under'' are substituted for ``exercise the powers and
functions provided by'' to eliminate unnecessary words.
In subsection (e), before clause (1), the words ``in any appropriate
district court of the United States'' and ``including injunctive
relief'' are omitted as surplus.
In subsection (f), the words ``considered to be'' and ``and not in
lieu of'' are omitted as surplus.
References in Text
The Civil Rights Act of 1964, referred to in subsecs. (d)(3) and
(f), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI
of the Act is classified generally to subchapter V (Sec. 2000d et seq.)
of chapter 21 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 5307, 5336 of this title.
