[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR7.5]



[Page 66-67]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

      Subpart A_Nondiscrimination in FEMA-Assisted Programs_General

 

Sec. 7.5  Specific discriminatory actions prohibited.



    (a) A recipient to which this regulation applies may not, directly 

or through contractual or other arrangements, on ground of race, color, 

or national origin:

    (1) Deny any individual any service, financial aid, or other benefit 

provided under the program;

    (2) Provide any service, financial aid, or other benefit to an 

individual which is different, or is provided in a different manner, 

from that provided to others under the program;

    (3) Subject an individual to segregation or separate treatment in 

any matter related to his receipt of any service, financial aid, or 

other benefit under the program;

    (4) Restrict an individual in any way in the enjoyment of any 

advantage or privilege enjoyed by others receiving any service, 

financial aid, or other benefit under the program;

    (5) Treat an individual differently from others in determining 

whether he satisfies any admission, enrollment,



[[Page 67]]



quota, eligibility, membership or other requirement or condition which 

individuals must meet in order to be provided any service, financial 

aid, or other benefit provided under the program;

    (6) Deny an individual an opportunity to participate in the program 

through the provision of services or otherwise or afford him an 

opportunity to do so which is different from that afforded others under 

the program.

    (b) A recipient, in determining the types of services, financial 

aid, or other benefits, or facilities which will be provided under any 

such program, or the class of individuals to whom, or the situations in 

which, such services, financial aid, other benefits, or facilities will 

be provided under any such program, or the class of individuals to be 

afforded an opportunity to participate in any such program, may not, 

directly or through contractual or other arrangements, utilize criteria 

or methods of administration which have the effect of subjecting 

individuals to discrimination because of their race, color, or national 

origin, or have the effect of defeating or substantially impairing 

accomplishment of the objectives of the program as respect individuals 

of a particular race, color, or national origin.

    (c) As used in this section the services, financial aid, or other 

benefits provided under a program receiving Federal financial assistance 

shall be deemed to include any service, financial aid, or other benefit 

provided in or through a facility provided with the aid of Federal 

financial assistance.

    (d) The enumeration of specific forms of prohibited discrimination 

in this section does not limit the generality of the prohibition in 

section 4.



[30 FR 321, Jan. 9, 1965. Redesignated at 45 FR 44575, July 1, 1980, and 

further redesignated at 55 FR 23078, June 6, 1990. 68 FR 51379, Aug. 26, 

2003]