
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC306]

 
                        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.''.
