TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1983

 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1983
the purposes of this order as the order applies to pro-
grams administered by it; and is directed to cooperate
with the Committee, to furnish it, in accordance with
law, such information and assistance as it may request
in the performance of its functions, and to report to it
at such intervals as the Committee may require.
SEC. 203. Each such department and agency shall,
within thirty days from the date of this order, issue
such rules and regulations, adopt such procedures and
policies, and make such exemptions and exceptions as
may be consistent with law and necessary or appro-
priate to effectuate the purposes of this order. Each
such department and agency shall consult with the
Committee in order to achieve such consistency and
uniformity as may be feasible.
PART III—ENFORCEMENT
SEC. 301. The Committee, any subcommittee thereof,
and any officer or employee designated by any execu-
tive department or agency subject to this order may
hold such hearings, public or private, as the Commit-
tee, department, or agency may deem advisable for
compliance, enforcement, or educational purposes.
SEC. 302. If any executive department or agency sub-
ject to this order concludes that any person or firm (in-
cluding but not limited to any individual, partnership,
association, trust, or corporation) or any State or local
public agency has violated any rule, regulation, or pro-
cedure issued or adopted pursuant to this order, or any
nondiscrimination provision included in any agreement
or contract pursuant to any such rule, regulation, or
procedure, it shall endeavor to end and remedy such
violation by informal means, including conference, con-
ciliation, and persuasion unless similar efforts made by
another Federal department or agency have been un-
successful. In conformity with rules, regulations, pro-
cedures, or policies issued or adopted by it pursuant to
Section 203 hereof, a department or agency may take
such action as may be appropriate under its governing
laws, including, but not limited to, the following:
It may—
(a) cancel or terminate in whole or in part any agree-
ment or contract with such person, firm, or State or
local public agency providing for a loan, grant, con-
tribution, or other Federal aid, or for the payment of
a commission or fee;
(b) refrain from extending any further aid under any
program administered by it and affected by this order
until it is satisfied that the affected person, firm, or
State or local public agency will comply with the rules,
regulations, and procedures issued or adopted pursuant
to this order, and any nondiscrimination provisions in-
cluded in any agreement or contract;
(c) refuse to approve a lending institution or any
other lender as a beneficiary under any program admin-
istered by it which is affected by this order or revoke
such approval if previously given.
SEC. 303. In appropriate cases executive departments
and agencies shall refer to the Attorney General viola-
tions of any rules, regulations, or procedures issued or
adopted pursuant to this order, or violations of any
nondiscrimination provisions included in any agree-
ment or contract, for such civil or criminal action as
he may deem appropriate. The Attorney General is au-
thorized to furnish legal advice concerning this order
to the Committee and to any department or agency re-
questing such advice.
SEC. 304. Any executive department or agency af-
fected by this order may also invoke the sanctions pro-
vided in Section 302 where any person or firm, includ-
ing a lender, has violated the rules, regulations, or pro-
cedures issued or adopted pursuant to this order, or the
nondiscrimination provisions included in any agree-
ment or contract, with respect to any program affected
by this order administered by any other executive de-
partment or agency.
PART IV—ESTABLISHMENT OF THE PRESIDENT’S
COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING
[Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No. 12892, §6–604, Jan. 17, 1994, 59 F.R.
2939.]
PART V—POWERS AND DUTIES OF THE PRESIDENT’S
COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING
SEC. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46
F.R. 1253; Ex. Ord. No. 12892, §6–604, Jan. 17, 1994, 59 F.R.
2939.]
SEC. 502. (a) The Committee shall take such steps as
it deems necessary and appropriate to promote the co-
ordination of the activities of departments and agen-
cies under this order. In so doing, the Committee shall
consider the overall objectives of Federal legislation
relating to housing and the right of every individual to
participate without discrimination because of race,
color, religion (creed), sex, disability, familial status or
national origin in the ultimate benefits of the Federal
programs subject to this order.
(b) The Committee may confer with representatives
of any department or agency, State or local public
agency, civic, industry, or labor group, or any other
group directly or indirectly affected by this order; ex-
amine the relevant rules, regulations, procedures, poli-
cies, and practices of any department or agency subject
to this order and make such recommendations as may
be necessary or desirable to achieve the purposes of
this order.
(c) The Committee shall encourage educational pro-
grams by civic, educational, religious, industry, labor,
and other nongovernmental groups to eliminate the
basic causes of discrimination in housing and related
facilities provided with Federal assistance.
SEC. 503. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46
F.R. 1253; Ex. Ord. No. 12892, §6–604, Jan. 17, 1994, 59 F.R.
2939.]
PART VI—MISCELLANEOUS
SEC. 601. As used in this order, the term ‘‘depart-
ments and agencies’’ includes any wholly-owned or
mixed-ownership Government corporation, and the
term ‘‘State’’ includes the District of Columbia, the
Commonwealth of Puerto Rico, and the territories of
the United States.
SEC. 602. This order shall become effective imme-
diately.
[Functions of President’s Committee on Equal Oppor-
tunity in Housing under Ex. Ord. No. 11063 delegated to
Secretary of Housing and Urban Development by Ex.
Ord. No. 12892, §6–604(a), Jan. 17, 1994, 59 F.R. 2939, set
out as a note under section 3608 of this title.]
§ 1983. Civil action for deprivation of rights
Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any
State or Territory or the District of Columbia,
subjects, or causes to be subjected, any citizen
of the United States or other person within the
jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the
party injured in an action at law, suit in equity,
or other proper proceeding for redress, except
that in any action brought against a judicial of-
ficer for an act or omission taken in such offi-
cer’s judicial capacity, injunctive relief shall
not be granted unless a declaratory decree was
violated or declaratory relief was unavailable.
For the purposes of this section, any Act of Con-
gress applicable exclusively to the District of
Columbia shall be considered to be a statute of
the District of Columbia.
(R.S. §1979; Pub. L. 96–170, §1, Dec. 29, 1979, 93
Stat. 1284; Pub. L. 104–317, title III, §309(c), Oct.
19, 1996, 110 Stat. 3853.)
§ 1984 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 3952
CODIFICATION
R.S. §1979 derived from act Apr. 20, 1871, ch. 22, §1, 17
Stat. 13.
Section was formerly classified to section 43 of Title
8, Aliens and Nationality.
AMENDMENTS
1996—Pub. L. 104–317 inserted before period at end of
first sentence ‘‘, except that in any action brought
against a judicial officer for an act or omission taken
in such officer’s judicial capacity, injunctive relief
shall not be granted unless a declaratory decree was
violated or declaratory relief was unavailable’’.
1979—Pub. L. 96–170 inserted ‘‘or the District of Co-
lumbia’’ after ‘‘Territory’’, and provisions relating to
Acts of Congress applicable solely to the District of Co-
lumbia.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–170 applicable with respect
to any deprivation of rights, privileges, or immunities
secured by the Constitution and laws occurring after
Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as
a note under section 1343 of Title 28, Judiciary and Ju-
dicial Procedure.
§ 1984. Omitted
CODIFICATION
Section, act Mar. 1, 1875, ch. 114, §5, 18 Stat. 337,
which was formerly classified to section 46 of Title 8,
Aliens and Nationality, related to Supreme Court re-
view of cases arising under act Mar. 1, 1875. Sections 1
and 2 of act Mar. 1, 1875 were declared unconstitutional
in U.S. v. Singleton, 109 U.S. 3, and sections 3 and 4 of
such act were repealed by act June 25, 1948, ch. 645, §21,
62 Stat. 862.
§ 1985. Conspiracy to interfere with civil rights
(1) Preventing officer from performing duties
If two or more persons in any State or Terri-
tory conspire to prevent, by force, intimidation,
or threat, any person from accepting or holding
any office, trust, or place of confidence under
the United States, or from discharging any du-
ties thereof; or to induce by like means any offi-
cer of the United States to leave any State, dis-
trict, or place, where his duties as an officer are
required to be performed, or to injure him in his
person or property on account of his lawful dis-
charge of the duties of his office, or while en-
gaged in the lawful discharge thereof, or to in-
jure his property so as to molest, interrupt,
hinder, or impede him in the discharge of his of-
ficial duties;
(2) Obstructing justice; intimidating party, wit-
ness, or juror
If two or more persons in any State or Terri-
tory conspire to deter, by force, intimidation, or
threat, any party or witness in any court of the
United States from attending such court, or
from testifying to any matter pending therein,
freely, fully, and truthfully, or to injure such
party or witness in his person or property on ac-
count of his having so attended or testified, or
to influence the verdict, presentment, or indict-
ment of any grand or petit juror in any such
court, or to injure such juror in his person or
property on account of any verdict, present-
ment, or indictment lawfully assented to by
him, or of his being or having been such juror;
or if two or more persons conspire for the pur-
pose of impeding, hindering, obstructing, or de-
feating, in any manner, the due course of justice
in any State or Territory, with intent to deny to
any citizen the equal protection of the laws, or
to injure him or his property for lawfully enforc-
ing, or attempting to enforce, the right of any
person, or class of persons, to the equal protec-
tion of the laws;
(3) Depriving persons of rights or privileges
If two or more persons in any State or Terri-
tory conspire or go in disguise on the highway
or on the premises of another, for the purpose of
depriving, either directly or indirectly, any per-
son or class of persons of the equal protection of
the laws, or of equal privileges and immunities
under the laws; or for the purpose of preventing
or hindering the constituted authorities of any
State or Territory from giving or securing to all
persons within such State or Territory the equal
protection of the laws; or if two or more persons
conspire to prevent by force, intimidation, or
threat, any citizen who is lawfully entitled to
vote, from giving his support or advocacy in a
legal manner, toward or in favor of the election
of any lawfully qualified person as an elector for
President or Vice President, or as a Member of
Congress of the United States; or to injure any
citizen in person or property on account of such
support or advocacy; in any case of conspiracy
set forth in this section, if one or more persons
engaged therein do, or cause to be done, any act
in furtherance of the object of such conspiracy,
whereby another is injured in his person or prop-
erty, or deprived of having and exercising any
right or privilege of a citizen of the United
States, the party so injured or deprived may
have an action for the recovery of damages occa-
sioned by such injury or deprivation, against
any one or more of the conspirators.
(R.S. §1980.)
CODIFICATION
R.S. §1980 derived from acts July 31, 1861, ch. 33, 12
Stat. 284; Apr. 20, 1871, ch. 22, §2, 17 Stat. 13.
Section was formerly classified to section 47 of Title
8, Aliens and Nationality.
§ 1986. Action for neglect to prevent
Every person who, having knowledge that any
of the wrongs conspired to be done, and men-
tioned in section 1985 of this title, are about to
be committed, and having power to prevent or
aid in preventing the commission of the same,
neglects or refuses so to do, if such wrongful act
be committed, shall be liable to the party in-
jured, or his legal representatives, for all dam-
ages caused by such wrongful act, which such
person by reasonable diligence could have pre-
vented; and such damages may be recovered in
an action on the case; and any number of per-
sons guilty of such wrongful neglect or refusal
may be joined as defendants in the action; and if
the death of any party be caused by any such
wrongful act and neglect, the legal representa-
tives of the deceased shall have such action
therefor, and may recover not exceeding $5,000
damages therein, for the benefit of the widow of
the deceased, if there be one, and if there be no
widow, then for the benefit of the next of kin of
the deceased. But no action under the provisions
of this section shall be sustained which is not