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Non-Discrimination Statement for the Distribution of Funds under the American Recovery and Reinvestment Act of 2009


Recovery.gov logo - Link to Recovery.GovFederal Agency Obligations

Federal agencies distribute funding from the American Recovery and Reinvestment Act of 2009 (Recovery Act). They must do so in accordance with all nondiscrimination and equal opportunity statutes, regulations, and Executive Orders that apply to the distribution of funds under the Recovery Act. Agencies that grant funds also must ensure that their recipients and subrecipients comply with the following regulations:

  • Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination including language access for limited English proficient persons),
  • Section 504 of the Rehabilitation Act of 1973 (prohibiting disability discrimination),
  • Title IX of the Education Amendments of 1972 (prohibiting sex discrimination in education and training programs), and
  • Age Discrimination Act of 1975 (prohibiting age discrimination in the provision of services), and a variety of program-specific statutes with nondiscrimination requirements.

Recipient and Subrecipient Obligations

In order to meet your nondiscrimination and equal opportunity obligations all ARRA recipients/subrecipients must comply fully with the following legal provisions that include, but are not limited to:

  • Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination including language access for limited English proficient persons),
  • Section 504 of the Rehabilitation Act of 1973 (prohibiting disability discrimination),
  • Title IX of the Education Amendments of 1972 (prohibiting sex discrimination in education and training programs),
  • Age Discrimination Act of 1975 (prohibiting age discrimination in the provision of services), and a variety of program-specific statutes with nondiscrimination requirements,
  • Title VII of the Civil Rights Act of 1964 (prohibiting race, color, national origin, religion, and sex discrimination in employment),
  • Americans with Disabilities Act (prohibiting disability discrimination in employment and in services provided by State and local governments, businesses, and nonprofit agencies), and
  • Fair Housing Act (prohibiting discriminatory housing practices based upon race, color, religion, sex, national origin, disability, or familial status).

Each of the statutes listed above not only prohibits discrimination on one or more specific bases, but requires Federal Agencies and/or recipients to take certain actions to ensure nondiscrimination and equal opportunity. In particular, the provisions listed above apply to all contracts or other agreements a recipient/subrecipient makes in order to carry out the program or activity that is supported by ARRA financial assistance. Furthermore, it is the responsibility of each ARRA recipients to ensure that, as a condition of entering into such a contract, agreement, or other arrangement with any party, it will require that party to provide a written assurance that the party will comply with all legal provisions listed above.

The USAID Office of the Chief Information Officer Contract and Management Services (CMS) division is available to provide compliance assistance with regard to USAID recipients' nondiscrimination and equal opportunity obligations. Should you have any questions, please contact:

Michael Clark, Division Chief
U.S. Agency for International Development,
Office of the Chief Information Officer
Contract and Management Services
Two Potomac Yard (North Bldg)
2733 Crystal Drive
Arlington, Virginia 22202
703-666-5613
mclark@usaid.gov

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