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42 U.S.C. § 6870 — Prohibition against discrimination; notifi-

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6870 — Prohibition against discrimination; notifi-

Page 6914 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6870 (Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.) Editorial Notes AMENDMENTS 1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing, and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. § 6870. Prohibition against discrimination; notifi- cation to funded project of violation; pen- alties for failure to comply (a) No person in the United States shall, on the ground of race, color, national origin, or sex, or on the ground of any other factor specified in any Federal law prohibiting discrimination, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, project, or activity sup- ported in whole or in part with financial assist- ance under this part. (b) Whenever the Secretary determines that a recipient of financial assistance under this part has failed to comply with subsection (a) or any applicable regulation, he shall notify the recipi- ent thereof in order to secure compliance. If, within a reasonable period of time thereafter, such recipient fails to comply, the Secretary shall— (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the power and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] and any other applicable Federal nondiscrimination law; or (3) take such other action as may be author- ized by law. (Pub. L. 94–385, title IV, § 420, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.) Editorial Notes REFERENCES IN TEXT The Civil Righ

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Page 6914 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6870 (Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.) Editorial Notes AMENDMENTS 1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing, and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. § 6870. Prohibition against discrimination; notifi- cation to funded project of violation; pen- alties for failure to comply (a) No person in the United States shall, on the ground of race, color, national origin, or sex, or on the ground of any other factor specified in any Federal law prohibiting discrimination, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, project, or activity sup- ported in whole or in part with financial assist- ance under this part. (b) Whenever the Secretary determines that a recipient of financial assistance under this part has failed to comply with subsection (a) or any applicable regulation, he shall notify the recipi- ent thereof in order to secure compliance. If, within a reasonable period of time thereafter, such recipient fails to comply, the Secretary shall— (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the power and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] and any other applicable Federal nondiscrimination law; or (3) take such other action as may be author- ized by law. (Pub. L. 94–385, title IV, § 420, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (b)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 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. AMENDMENTS 1980—Subsec. (b). Pub. L. 96–294 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. § 6871. Annual report by Secretary and Director to President and Congress on weatherization program The Secretary and (with respect to the oper- ation and effectiveness of activities carried out through community action agencies) the Direc- tor shall each submit, on or before March 31, 1977, and annually thereafter, a report to the Congress and the President describing the weatherization assistance program carried out under this part or any other provision of law, in- cluding the results of the periodic evaluations and monitoring activities required by section 6866 of this title. Such report shall include infor- mation and data furnished by each State on the average costs incurred in weatherization of indi- vidual dwelling units, the average size of the dwellings being weatherized, the number of mul- tifamily buildings in which individual dwelling units were weatherized during the previous year, the number of individual dwelling units in mul- tifamily buildings weatherized during the pre- vious year, and the average income of house- holds receiving assistance under this part. (Pub. L. 94–385, title IV, § 421, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760; Pub. L. 101–440, § 7(h), Oct. 18, 1990, 104 Stat. 1014; Pub. L. 116–260, div. Z, title I, § 1011(i), Dec. 27, 2020, 134 Stat. 2447.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 inserted ‘‘the number of multi- family buildings in which individual dwelling units were weatherized during the previous year, the number of individual dwelling units in multifamily buildings weatherized during the previous year,’’ after ‘‘the aver- age size of the dwellings being weatherized,’’. 1990—Pub. L. 101–440 struck out ‘‘through 1979’’ after ‘‘and annually thereafter’’ and inserted at end ‘‘Such report shall include information and data furnished by each State on the average costs incurred in weatheriza- tion of individual dwelling units, the average size of the dwellings being weatherized, and the average income of households receiving assistance under this part.’’ 1980—Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. § 6872. Authorization of appropriations For the purpose of carrying out the weather- ization program under this part, there are au- thorized to be appropriated— (1) $330,000,000 for fiscal year 2021; and (2) $350,000,000 for each of fiscal years 2022 through 2025. (Pub. L. 94–385, title IV, § 422, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95–619, title II, § 231(d), Nov. 9, 1978, 92 Stat. 3226; Pub. L. 96–294, title V, § 576, June 30, 1980, 94 Stat. 760; Pub. L. 98–181, title I [title IV, § 464], Nov. 30, 1983, 97 Stat. 1235; Pub. L. 101–440, § 8(c), Oct. 18, 1990, 104 Stat. 1016; Pub. L. 105–388, § 3, Nov. 13, 1998, 112 Stat. 3477; Pub. L. 109–58, title I, § 122(a), Aug. 8, 2005, 119 Stat. 616; Pub. L. 110–140, title IV, § 411(a), Dec. 19, 2007, 121 Stat. 1600; Pub. L. 116–260, div. Z, title I, § 1011(a), Dec. 27, 2020, 134 Stat. 2442.) Editorial Notes AMENDMENTS 2020—Pars. (1) to (5). Pub. L. 116–260 added pars. (1) and (2) and struck out former pars. (1) to (5) which au- thorized appropriations for fiscal years 2008 to 2012. 2007—Pub. L. 110–140 substituted ‘‘appropriated—’’ and pars. (1) to (5) for ‘‘appropriated $500,000,000 for fis- cal year 2006, $600,000,000 for fiscal year 2007, and $700,000,000 for fiscal year 2008’’. 2005—Pub. L. 109–58 substituted ‘‘$500,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007, and $700,000,000 for fiscal year 2008’’ for ‘‘for fiscal years 1999 through 2003 such sums as may be necessary’’. 1998—Pub. L. 105–388 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows:

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000d — Prohibition against exclusion from par-

Page 5254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000c–7 § 2000c–7. Liability of United States for costs In any action or proceeding under this sub- chapter 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.) § 2000c–8. Personal suits for relief against dis- crimination in public education Nothing in this subchapter shall affect ad- versely the right of any person to sue for or ob- tain relief in any court against discrimination in public education. (Pub. L. 88–352, title IV, § 409, July 2, 1964, 78 Stat. 249.) § 2000c–9. Classification and assignment Nothing in this subchapter shall prohibit clas- sification 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.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–318 inserted ‘‘sex’’ after ‘‘religion,’’. SUBCHAPTER V—FEDERALLY ASSISTED PROGRAMS § 2000d. Prohibition against exclusion from par- ticipation in, denial of benefits of, and dis- crimination under federally assisted pro- grams on ground of race, color, or national origin No person in the United States shall, on the ground of race, color, or national origin, be ex- cluded from participation in, be denied the bene- fits of, or be subjected to discrimination under any program or activity receiving Federal finan- cial assistance. (Pub. L. 88–352, title VI, § 601, July 2, 1964, 78 Stat. 252.) Executive Documents COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS For provisions relating to the coordination of imple- mentation and enforcement of the provisions of this subchapter by the Attorney Ge

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6870 — Judicial review of final action by Secretary on application

**(a) Time for appeal; jurisdiction; filing of administrative record by Secretary** If any applicant is dissatisfied with the Secretary’s final action with respect to the application submitted by it under [section 6864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864&num=0&edition=prelim) or with a final action under [section 6868 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6868&num=0&edition=prelim), such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record** The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. **(c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court** The court shall have jurisdiction to affirm the act

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