Texas Attorney General Opinion: DM-341 Page: 3 of 5
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Honorable Rodney Ellis - Page 3
"program" narrowly. See S. Rep. No.. 64, 100th Cong., reprinted in 1988 U.S.C.C.A.N.
3, 5-18; see also Grove City College v. Bell, 465 U.S. 555 (1984); Consolidated Rail
Corp. v. Darrone, 465 U.S. 624 (1984). As a result of the amendment, it is now clear that
title VI applies to all entities, including state agencies, local government entities,
educational institutions, and private for-profit and nonprofit corporations, that receive
federal financial assistance.2
You also ask whether "federal funding [can] be terminated or withheld for
noncompliance" with title VI of the act and the Civil Rights Restoration Act of 1987.
Section 602 of the act, 42 U.S.C. 2000d-1, provides in pertinent part:
Each federal department and agency which is empowered to
extend Federal financial assistance to any program or activity, by way
of grant, loan, or contract other than a contract of insurance or
guaranty, is authorized and directed to effectuate the provisions of
section 2000d of this title with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the statute
authorizing the financial assistance in connection with which the
action is taken. ... .Compliance with any requirement adopted
pursuant to this section may be effected (1) by the termination of or
refusal to grant or to continue assistance under such program or
activity to any recipient as to whom there has been an express finding
on the record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be
limited to the particular political entity, or part thereof, in which such
noncompliance has been so found, or (2) by any other means
authorized by law: Provide4 however, That no such action shall be
taken until the department or agency concerned has advised the
appropriate person or persons of the failure to comply with the
requirement and has determined that compliance cannot be secured
by voluntary means. ....
42 U.S.C, 2000d-1. This provision clearly permits the termination or withholding of
federal funding of a "program or activity" for failure to comply with agency rules
implementing title VI. Funding may not be terminated or withheld, however, unless "there
has been an express finding on the record, after opportunity for hearing, of a failure to
comply with" the applicable federal regulations. Id. Furthermore, a federal agency may
2Title VI does not apply to "ultimate beneficiaries" of federal financial assistance, such as
farmers and social security recipients, who do not administer federally assisted programs. See Pub. L. No.
100-259, 7, 102 Stat. 31 (1988). Title VI does not authorize regulation with respect to employment
practices "except where a primary objective of the Federal financial assistance is to provide employment"
42 U.S.C 2000d-3; see also id. 2000d-4 (application of title VI to contract of insurance or guaranty).p. 1817
(DM-341)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-341, text, March 30, 1995; (https://texashistory.unt.edu/ark:/67531/metapth274150/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.