Encl. (1) to COMDTINST 5350.20A
(f) Recipient may mean any State, territory, possession, the District of Columbia, or
the Commonwealth of Puerto Rico, or any political subdivision thereof, or
instrumentality thereof, any public or private agency, institution, or organization, or other
entity, or any individual, in any State, territory, possession, the District of Columbia, or
the Commonwealth of Puerto Rico, to whom Federal financial assistance is extended,
directly or through another recipient, including any successor, assignee, or transferee
thereof, but such term does not include any ultimate beneficiary.
(g) Secretary means the Secretary of the Department of Homeland Security or, except
in Sec. 21.17(e), any delegatee of the Secretary.
Sec. 21.5 Discrimination prohibited.
(a) General. No person in the United States shall, on the grounds of race, color, or
national origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under, any program to which this part applies.
(b) Specific discriminatory actions prohibited. (1) A recipient to which this part applies
may not, directly or through contractual or other arrangements, on the grounds of race,
color, or national origin:
(i) Deny a person any service, financial aid, or other benefit provided under the
program;
(ii) Provide any service, financial aid, or other benefit to a person which is different, or
is provided in a different manner, from that provided to others under the program;
(iii) Subject a person to segregation or separate treatment in any matter related to his
receipt of any service, financial aid, or other benefit under the program;
(iv) Restrict a person 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;
(v) Treat a person differently from others in determining whether he satisfies any
admission, enrollment, quota, eligibility, membership, or other requirement or condition
which persons must meet in order to be provided any service, financial aid, or other
benefit provided under the program;
(vi) Deny a person 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; or
(vii) Deny a person the opportunity to participate as a member of a planning, advisory,
or similar body which is an integral part of the program.
(2) 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 person 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 persons 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 persons 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 with respect to individuals of a particular race, color, or national origin.
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