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Federal Coordination and Compliance Section

49 USC 306

TITLE 49--TRANSPORTATION

SUBTITLE I--DEPARTMENT OF TRANSPORTATION

CHAPTER 3--GENERAL DUTIES AND POWERS

SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION


Sec. 306. Prohibited discrimination

(a) In this section, ``financial assistance'' includes obligation
guarantees.
(b) A person in the United States may not be excluded from
participating in, be denied the benefits of, or be subject to
discrimination under, a project, program, or activity because of race,
color, national origin, or sex when any part of the project, program, or
activity is financed through financial assistance under section 332 or
333 or chapter 221 or 249 of this title, section 211 or 216 of the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title
V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.).
(c) When the Secretary of Transportation decides that a person
receiving financial assistance under a law referred to in subsection (b)
of this section has not complied with that subsection, a Federal civil
rights law, or an order or regulation issued under a Federal civil
rights law, the Secretary shall notify the person of the decision and
require the person to take necessary action to ensure compliance with
that subsection.
(d) If a person does not comply with subsection (b) of this section
within a reasonable time after receiving a notice under subsection (c)
of this section, the Secretary shall take at least one of the following
actions:
(1) direct that no more Federal financial assistance be provided
the person.
(2) refer the matter to the Attorney General with a
recommendation that a civil action be brought against the person.
(3) carry out the duties and powers provided by title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(4) take other action provided by law.

(e) When a matter is referred to the Attorney General under
subsection (d)(2) of this section, or when the Attorney General has
reason to believe that a person is engaged in a pattern or practice
violating this section, the Attorney General may begin a civil action in
a district court of the United States for appropriate relief.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98-216,
Sec. 2(3), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(7),
July 5, 1994, 108 Stat. 1376.)

Historical and Revision Notes
Pub. L. 97-449
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
306(a)................................ 45:803(f). Feb. 5, 1976, Pub. L. 94-210, Sec.
905, 90 Stat. 148.
306(b)................................ 45:803(a).
306(c), (d)........................... 45:803(b).
306(e)................................ 45:803(c)-(e).
----------------------------------------------------------------------------------------------------------------

In subsection (b), the enumerated laws are substituted for ``through
financial assistance under this Act'', meaning the Rail Revitalization
and Regulatory Reform Act of 1976 (Pub. L. 94-210, 90 Stat. 31) and laws
amended by that Act. The laws cited in the subsection are substituted
for ``through financial assistance under this Act'' for clarity. The
enumerated laws include provisions of the Railroad Revitalization and
Regulatory Reform Act of 1976 that amend other laws as well as
provisions that are not amendments to other laws. A reference to the
Urban Mass Transportation Act of 1964 (Pub. L. 88-365, 78 Stat. 302) is
omitted because this section related to that Act is superseded by
49:1615.
In subsection (c), the word ``decides'' is substituted for
``determines'' for consistency. The word ``ensure'' is substituted for
``assure'' as being more precise.
In subsection (d), the words ``at least one of the following
actions'' are substituted for ``and/or'' for clarity and consistency.
In subsection (e), the text of 45:803(d) is omitted as unnecessary
because section 322 of the revised title gives the Secretary of
Transportation general authority to prescribe regulations and other
provisions of the revised title give the Secretary general authority to
carry out his duties and powers. The text of 45:803(e) is omitted as
unnecessary.


Pub. L. 98-216

This is necessary to correct a cross-reference in section 306(b) and
to reflect the transfer of the non-positive law provisions of title 49
to title 49 appendix.

References in Text

The Railroad Revitalization and Regulatory Reform Act of 1976,
referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90 Stat.
31, as amended. Title V of the Act is classified generally to subchapter
II (Sec. 821 et seq.) of chapter 17 of Title 45, Railroads. For complete
classification of this Act to the Code, see Short Title note set out
under section 801 of Title 45 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d)(3), 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.


Amendments

1994--Subsec. (b). Pub. L. 103-272 substituted ``section 332 or 333
or chapter 221 or 249 of this title, section 211 or 216 of the Regional
Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821
et seq.)'' for ``section 332 or 333 of this title, section 211 or 216 of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), title
V or VII of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821 et seq., 851 et seq.), or section 4(i) or 5 of the
Department of Transportation Act (49 U.S.C. 1653(i), 1654)''.
1984--Subsec. (b). Pub. L. 98-216 substituted ``section 332 or 333
of this title'' for ``section 332 of this title'' and ``49 App. U.S.C.''
for ``49 U.S.C.''.


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This page was last updated on November 13, 2000

General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Leadership
Deeana Jang
Chief
Contact
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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