DOT 49 CFR PART 21-2010 NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.pdf

1、189 Office of the Secretary of Transportation 21.5 PART 21NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANS-PORTATIONEFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Sec. 21.1 Purpose. 21.3 Application of this part. 21.5 Discrimination prohibited. 21.7 Assurances re

2、quired. 21.9 Compliance information. 21.11 Conduct of investigations. 21.13 Procedure for effecting compliance. 21.15 Hearings. 21.17 Decisions and notices. 21.19 Judicial review. 21.21 Effect on other regulations, forms, and instructions. 21.23 Definitions. APPENDIX A TO PART 21ACTIVITIES TO WHICH

3、THIS PART APPLIES APPENDIX B TO PART 21ACTIVITIES TO WHICH THIS PART APPLIES WHEN A PRIMARY OB-JECTIVE OF THE FEDERAL FINANCIAL AS-SISTANCE IS TO PROVIDE EMPLOYMENT APPENDIX C TO PART 21APPLICATION OF PART 21 TO CERTAIN FEDERAL FINANCIAL ASSISTANCE OF THE DEPARTMENT OF TRANSPORTATION AUTHORITY: 42 U

4、.S.C. 2000d-2000d7. SOURCE: 35 FR 10080, June 18, 1970, unless otherwise noted. 21.1 Purpose. The purpose of this part is to effec-tuate the provisions of title VI of the Civil Rights Act of 1964 (hereafter re-ferred to as the Act) to the end that no person in the United States shall, on the grounds

5、 of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be oth-erwise subjected to discrimination under any program or activity receiv-ing Federal financial assistance from the Department of Transportation. 21.3 Application of this part. (a) This part ap

6、plies to any program for which Federal financial assistance is authorized under a law administered by the Department, including the types of Federal financial assistance listed in appendix A to this part. It also applies to money paid, property transferred, or other Federal financial assistance ex-t

7、ended after the effective date of this part pursuant to an application ap-proved before that effective date. This part does not apply to: (1) Any Federal financial assistance by way of insurance or guaranty con-tracts; (2) Money paid, property transferred, or other assistance extended before the eff

8、ective date of this part, except where such assistance was subject to the title VI regulations of any agency whose responsibilities are now exer-cised by this Department; (3) Any assistance to any individual who is the ultimate beneficiary; or (4) Any employment practice, under any such program, of

9、any employer, employment agency, or labor organiza-tion, except to the extent described in 21.5(c). The fact that a type of Federal finan-cial assistance is not listed in appendix A to this part shall not mean, if title VI of the Act is otherwise applicable, that a program is not covered. Other type

10、s of Federal financial assistance under statutes now in force or herein-after enacted may be added to appendix A to this part. (b) In any program receiving Federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, to the extent that rights to

11、 space on, over, or under any such property are included as part of the program receiving that assist-ance, the nondiscrimination require-ment of this part shall extend to any facility located wholly or in part in that space. 35 FR 10080, June 18, 1970, as amended at 68 FR 51389, Aug. 26, 2003 21.5

12、Discrimination prohibited. (a) General. No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program to which this part applies. (b) Specific discri

13、minatory actions prohibited: (1) A recipient to which this part ap-plies may not, directly or through con-tractual or other arrangements, on the grounds of race, color, or national ori-gin. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdj

14、ones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-190 49 CFR Subtitle A (10110 Edition) 21.5 (i) Deny a person any service, finan-cial aid, or other benefit provided under the program; (ii) Provide any service, financial

15、aid, or other benefit to a person which is different, or is provided in a different manner, from that provided to others under the program; (iii) Subject a person to segregation or separate treatment in any matter related to his receipt of any service, fi-nancial aid, or other benefit under the prog

16、ram; (iv) Restrict a person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other ben-efit under the program; (v) Treat a person differently from others in determining whether he satis-fies any admission, enrollment, quota, eligibi

17、lity, membership, or other re-quirement or condition which persons must meet in order to be provided any service, financial aid, or other benefit provided under the program; (vi) Deny a person an opportunity to participate in the program through the provision of services or otherwise or af-ford him

18、an opportunity to do so which is different from that afforded others under the program; or (vii) Deny a person the opportunity to participate as a member of a plan-ning, advisory, or similar body which is an integral part of the program. (2) A recipient, in determining the types of services, financi

19、al aid, or other benefits, or facilities which will be pro-vided under any such program, or the class of person to whom, or the situa-tions in which, such services, financial aid, other benefits, or facilities will be provided under any such program, or the class of persons to be afforded an opportu

20、nity to participate in any such program; may not, directly or through contractual or other arrangements, utilize criteria or methods of adminis-tration which have the effect of sub-jecting persons to discrimination be-cause of their race, color, or national origin, or have the effect of defeating or

21、 substantially impairing accomplish-ment of the objectives of the program with respect to individuals of a par-ticular race, color, or national origin. (3) In determining the site or loca-tion of facilities, a recipient or appli-cant may not make selections with the purpose or effect of excluding pe

22、rsons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regu-lation applies, on the grounds of race, color, or national origin; or with the purpose or effect of defeating or sub-stantially impairing the accomplish-ment of the objectives of the A

23、ct or this part. (4) As used in this section the serv-ices, financial aid, or other benefits provided under a program receiving Federal financial assistance include any service, financial aid, or other ben-efit provided in or through a facility provided with the aid of Federal finan-cial assistance.

24、 (5) The enumeration of specific forms of prohibited discrimination in this paragraph does not limit the generality of the prohibition in paragraph (a) of this section. (6) Examples demonstrating the ap-plication of the provisions of this sec-tion to certain types of Federal finan-cial assistance ad

25、ministered by the De-partment of Transportation are con-tained in appendix C of this part. (7) This part does not prohibit the consideration of race, color, or na-tional origin if the purpose and effect are to remove or overcome the con-sequences of practices or impediments which have restricted the

26、 availability of, or participation in, the program or activity receiving Federal financial as-sistance, on the grounds of race, color, or national origin. Where prior dis-criminatory practice or usage tends, on the grounds of race, color, or national origin to exclude individuals from par-ticipation

27、 in, to deny them the benefits of, or to subject them to discrimina-tion under any program or activity to which this part applies, the applicant or recipient must take affirmative ac-tion to remove or overcome the effects of the prior discriminatory practice or usage. Even in the absence of prior di

28、s-criminatory practice or usage, a recipi-ent in administering a program or ac-tivity to which this part applies, is ex-pected to take affirmative action to as-sure that no person is excluded from participation in or denied the benefits of the program or activity on the VerDate Mar2010 10:00 Dec 22,

29、 2010 Jkt 220212 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-191 Office of the Secretary of Transportation 21.7 grounds of race, color, or national ori

30、-gin. (c) Employment practices: (1) Where a primary objective of the Federal financial assistance to a pro-gram to which this part applies is to provide employment, a recipient or other party subject to this part shall not, directly or through contractual or other arrangements, subject a person to d

31、iscrimination on the ground of race, color, or national origin in its employment practices under such pro-gram (including recruitment or re-cruitment advertising, hiring, firing, upgrading, promotion, demotion, trans-fer, layoff, termination, rates of pay or other forms of compensation or bene-fits,

32、 selection for training or appren-ticeship, use of facilities, and treat-ment of employees). Such recipient shall take affirmative action to insure that applicants are employed, and em-ployees are treated during employ-ment, without regard to their race, color, or national origin. The require-ments

33、applicable to construction em-ployment under any such program shall be those specified in or pursuant to Part III of Executive Order 11246 or any Executive order which supersedes it. (2) Federal financial assistance to programs under laws funded or admin-istered by the Department which have as a pri

34、mary objective the providing of employment include those set forth in appendix B to this part. (3) Where a primary objective of the Federal financial assistance is not to provide employment, but discrimina-tion on the grounds of race, color, or national origin in the employment practices of the reci

35、pient or other per-sons subject to the regulation tends, on the grounds of race, color, or national origin, to exclude individuals from par-ticipation in, to deny them the benefits of, or to subject them to discrimina-tion under any program to which this regulation applies, the provisions of paragra

36、ph (c)(1) of this section shall apply to the employment practices of the recipient or other persons subject to the regulation, to the extent nec-essary to assure equality of oppor-tunity to, and nondiscriminatory treatment of, beneficiaries. (d) A recipient may not make a selec-tion of a site or loc

37、ation of a facility if the purpose of that selection, or its ef-fect when made, is to exclude individ-uals from participation in, to deny them the benefits of, or to subject them to discrimination under any pro-gram or activity to which this rule ap-plies, on the grounds of race, color, or national

38、origin; or if the purpose is to, or its effect when made will, substan-tially impair the accomplishment of the objectives of this part. 35 FR 10080, June 18, 1970, as amended by Amdt. 722, 38 FR 17997, July 5, 1973; 68 FR 51389, Aug. 26, 2003 21.7 Assurances required. (a) General. (1) Every applicat

39、ion for Federal financial assistance to which this part applies, except an application to which paragraph (b) of this section applies, and every application for Fed-eral financial assistance to provide a facility shall, as a condition to its ap-proval and the extension of any Fed-eral financial assi

40、stance pursuant to the application, contain or be accom-panied by, an assurance that the pro-gram will be conducted or the facility operated in compliance with all re-quirements imposed by or pursuant to this part. Every awardof Federal finan-cial assistance shall require the sub-mission of such an

41、assurance. In the case where the Federal financial assist-ance is to provide or is in the form of personal property, or real property or interest therein or structures thereon, the assurance shall obligate the recipi-ent, or, in the case of a subsequent transfer, the transferee, for the period durin

42、g which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, which-ever is longer. In all other cases

43、the as-surance shall obligate the recipient for the period during which Federal finan-cial assistance is extended to the pro-gram. The Secretary shall specify the form of the foregoing assurances, and the extent to which like assurances will be required of subgrantees, con-tractors and subcontractor

44、s, trans-ferees, successors in interest, and other VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-192 49 CFR

45、 Subtitle A (10110 Edition) 21.9 participants. Any such assurance shall include provisions which give the United States a right to seek its judi-cial enforcement. (2) In the case where Federal finan-cial assistance is provided in the form of a transfer of real property, struc-tures, or improvements

46、thereon, or in-terest therein, from the Federal Gov-ernment, the instrument effecting or recording the transfer shall contain a covenant running with the land assur-ing nondiscrimination for the period during which the real property is used for a purpose for which the Federal fi-nancial assistance i

47、s extended or for another purpose involving the provi-sion of similar services or benefits. Where no transfer of property or inter-est therein from the Federal Govern-ment is involved, but property is ac-quired or improved with Federal finan-cial assistance, the recipient shall agree to include such

48、 covenant in any subsequent transfer of such property. When the property is obtained from the Federal Government, such covenant may also include a condition coupled with a right to be reserved by the De-partment to revert title to the prop-erty in the event of a breach of the cov-enant where, in the

49、 discretion of the Secretary, such a condition and right of reverter is appropriate to the stat-ute under which the real property is obtained and to the nature of the grant and the grantee. In such event if a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on such property for the purposes for which the property was transferred, the Secretary may