Lane v. Pe–a, 518 U.S. 187, 23 (1996)

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Cite as: 518 U. S. 187 (1996)

Stevens, J., dissenting

ties conducted by executive agencies," Brief for Respondents 16, n. 8.

The oddity extends beyond the nomenclature used to describe § 504 defendants. There are at least two substantive differences between federal Executive agencies and federal grantees as defendants under the provision. First, Title VI provides remedies that are appropriate against recipients of federal financial assistance, such as the withdrawal of funding for continuing violations, see 42 U. S. C. § 2000d-1, but that make no sense if applied against an agency defendant. Second, some violations that an agency might commit concern discrimination more closely analogous to statutory provisions outside of Title VI. Thus, the standard enforcement procedures adopted for alleged violations of § 504 involving employment discrimination by federal agencies require the agency to follow § 501 enforcement procedures. See, e. g., 7 CFR § 15e.170(b) (1995) (Department of Agriculture regulations implementing § 504's mandate to federal agencies); 15 CFR § 8c.70 (1995) (same for Department of Commerce); 45 CFR § 85.61 (1995) (same for Department of Health and Human Services).

Viewed in its historical context, § 505(a)(2) simply has no application to violations of § 504 committed by federal agencies acting in a nonfunding capacity. Section 505(a)(2) delineates the remedies, procedures, and rights available to persons aggrieved by the conduct of federal grantees and federal funding agencies. It is silent on the remedies, procedures and rights available for transgressions of § 504 by federal Executive agencies acting in a nonfunding capacity. The relief to which petitioner is entitled is rooted in § 504 itself.

In my opinion, § 504 is amply sufficient to meet petitioner's needs. By failing to dictate explicitly the remedies available against federal agencies, Congress left in place the remedies that accompany § 504's implied cause of action. As Congress understood in both 1973 and 1978, these remedies

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