U.S. Code » Title 49 » Subtitle SUBTITLE I— DEPARTMENT OF TRANSPORTATION › Chapter CHAPTER 3— GENERAL DUTIES AND POWERS › Subchapter SUBCHAPTER I— DUTIES OF THE SECRETARY OF TRANSPORTATION

49 U.S.C. § 306

Prohibited discrimination

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(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, 224, or 249 of this title, or section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726).(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, § 1(b), Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98–216, § 2(3), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(7), July 5, 1994, 108 Stat. 1376; Pub. L. 117–58, div. B, title I, § 21301(j)(4)(B), Nov. 15, 2021, 135 Stat. 693.)

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, § 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.

Editorial NotesReferences in Text

The Civil Rights Act of 1964, referred to in subsec. (d)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 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

2021—Subsec. (b). Pub. L. 117–58 substituted “chapter 221, 224, or 249 of this title, or” for “chapter 221 or 249 of this title,” and struck out “, or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” before period at end.

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.”.

Notes of Decisions
Cited in 306 cases, 1935–2020 · leading case: Bostock v. Clayton Cnty., 590 U.S. 644 (2020).
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Bostock v. Clayton Cnty., 590 U.S. 644 (2020). · cites it 2× “§1708 (Discrimination Prohibited in Rights of Access to, and Benefits From, Con- veyed Lands)  49 U. S. C. §306 (b) (Duties of the Secretary of Transportation; Prohibited Discrimination)  49 U.”
Gregg Cartage & Storage Co. v. United States, 316 U.S. 74 (1942). · cites it 4× “This appeal is from a judgment of a statutory three-judge court denying appellants' petition to set aside an order of the Interstate Commerce Commission refusing the Gregg Cartage & Storage Company a certificate of public convenience and necessity under the so-called grandfather…”
Connick v. Thompson, 563 U.S. 51 (2011). “49 U.S.C. § 306 (e) (authorizing the Attorney General to bring a civil action when he “has reason to believe that a person is engaged in a pattern or practice [of] violating this section’’).”
McLean Trucking Co. v. United States, 321 U.S. 67 (1944). · cites it 2× “[17] No motor carrier can operate in interstate commerce without a certificate of public convenience and necessity, 49 U.S.C. § 306 , 49 Stat. 551 , 52 Stat.”
United States v. Carolina Freight Carriers Corp., 315 U.S. 475 (1942). · cites it 2× “543 , 551, 49 U.S.C. § 306 ), now designated as Part II of the Interstate Commerce Act.”
Connick v. Thompson, 563 U.S. 51 (2011). · cites it 2× “”); 49 U. S. C. §306 (e) (authorizing the Attorney General to bring a civil action when he “has reason to believe that a person is engaged in a pattern or practice [of] violating this section”).”
Spector Motor Serv., Inc. v. Walsh, 139 F.2d 809 (2d Cir. 1944). · cites it 2× “Moreover, its permit from the Interstate Commerce Commission — granted under the so-called "grandfather clause" of § 206(a) of the Interstate Commerce Act, 49 U.S.C.A. § 306 (a) — limits its traffic, except for lines from St.”
Nashua Motor Express, Inc. v. United States, 230 F. Supp. 646 (D.N.H. 1964). · cites it 3× “Plaintiff alleges that it holds a certificate of public convenience and necessity which was originally issued to plaintiff’s predecessor, Philip Michael, pursuant to the “grandfather” provision now contained in 49 U.S.C. § 306 (a) (1). Michael, a Gi'eek immigrant whose formal…”
Trans-Am. Van Serv., Inc. v. United States, 421 F. Supp. 308 (N.D. Tex. 1976). · cites it 2× “a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the…”
Watson Bros. Transp. Co. v. United States, 59 F. Supp. 762 (D. Neb. 1945). · cites it 5× “d Davenport and Bettendorf in Iowa (all included within the general designation of the “tri-cities” area) and Grinnell and Iowa City in Iowa, as intermediate and off-route points on a regular route between Omaha, Nebraska, and Chicago, llinois, following, at all material points,…”
Org. of Minority Vendors, Inc. v. Illinois Cent. Gulf R.R., 579 F. Supp. 574 (N.D. Ill. 1983). · cites it 2× “49 U.S.C. § 306 . 6 Similarly, the statute creating the MBRC, 49 U.”
J. B. Montgomery, Inc. v. United States, 206 F. Supp. 455 (D. Colo. 1962). · cites it 5× “(2) The “grandfather” provisions of the Motor Carrier Act, Section 206(a) (1) [ 49 U.S.C.A. § 306 (a) (1)], authorize the Commission to assure “substantial parity” between future operations and prior bona fide operations; that Section 212(c) is in the nature of a “grandfather”…”
Show all 306 citing cases →
49 U.S.C. § 306(a): 16 cases
Agric. Transp. Ass'n of Texas v. Wilbur C. King, 349 F.2d 873 (5th Cir. 1965).
Watson Bros. Transp. Co. v. United States, 59 F. Supp. 762 (D. Neb. 1945). “d Davenport and Bettendorf in Iowa (all included within the general designation of the “tri-cities” area) and Grinnell and Iowa City in Iowa, as intermediate and off-route points on a regular route between Omaha, Nebraska, and Chicago, llinois, following, at all material points,…”
Interstate Com. Comm'n v. Jamestown Farmers Union Federated Coop. Transp. Ass'n, 57 F. Supp. 749 (D. Minn. 1944).
McCracken v. United States, 47 F. Supp. 444 (D. Or. 1942).
Arrowhead Freight Lines, Ltd. v. United States, 114 F. Supp. 804 (S.D. Cal. 1953).
49 U.S.C. § 306(a)(1): 1 case
Chem. Leaman Tank Lines, Inc. v. A. J. Weigand, Inc., 359 F. Supp. 1238 (D. Del. 1973).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.