356
Opinion of the Court
itself and where the statute did not create enforceable rights, privileges, or immunities within the meaning of § 1983." Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 423 (1987).
In Pennhurst State School and Hospital v. Halderman, 451 U. S. 1 (1981), we held that § 111 of the Developmentally Disabled Assistance and Bill of Rights Act of 1975, 42 U. S. C. § 6010 (1976 ed. and Supp. III), did not confer an implied cause of action. That statute, as well as the statute before us today, was enacted by Congress pursuant to its spending power.7 In Pennhurst, we noted that it was well established that Congress has the power to fix the terms under which it disburses federal money to the States. 451 U. S., at 17, citing Oklahoma v. United States Civil Service Comm'n, 330 U. S. 127 (1947); Rosado v. Wyman, 397 U. S. 397 (1970). As stated in Pennhurst:
"The legitimacy of Congress' power to legislate under the spending power thus rests on whether the State voluntarily and knowingly accepts the terms of the 'contract.' There can, of course, be no knowing acceptance if a State is unaware of the conditions or is unable to ascertain what is expected of it. Accordingly, if Congress intends to impose a condition on the grant of federal moneys, it must do so unambiguously." 451 U. S., at 17 (citations and footnote omitted).
We concluded that the statutory section sought to be enforced by the Pennhurst respondents did not provide such unambiguous notice to the States because it spoke in terms "intended to be hortatory, not mandatory." Id., at 24.
In Wright, the Brooke Amendment to existing housing legislation imposed a ceiling on the rent which might be charged low-income tenants living in public housing projects.
7 Article I, § 8, cl. 1, of the Constitution contains the spending power, which provides, "Congress shall have Power to . . . provide for the . . . general Welfare of the United States."
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