yourstate.us
42 U.S.C. § 5309

Nondiscrimination in programs and activities

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

Get this as JSONEmbed this
Cite this
Citation
42 U.S.C. § 5309, Nondiscrimination in programs and activities, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/480337
Permanent ID
ys:prov:480337@1
SHA-256
4a46e6c014879e99b78d874513ab9d461d9a38e5a27625afdd8b1128956cf494

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this chapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in section 794 of title 29 shall also apply to any such program or activity. Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this chapter has failed to comply with subsection (a) or (e) or an applicable regulation, he shall notify the Governor of such State or the chief executive officer of such unit of local government of the noncompliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); (3) exercise the powers and functions provided for in section 5311(a) of this title; or (4) take such other action as may be provided by law. When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of general local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. The provisions of this section and section 5304(b)(2) of this title which relate to discrimination on the basis of race shall not apply to the provision of assistance by grantees under this chapter to the Hawaiian Home Lands. In this subsection, the term “youth organization” means an organization described under part B of subtitle II of title 36 that is intended to serve individuals under the age of 21 years. No State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under this chapter shall deny equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 93-383(S. 3066)1974-08-22
    Housing and Community Development Act of 1974
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-35(H.R. 3982)1981-08-13
    Omnibus Budget Reconciliation Act of 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-625(S. 566)1990-11-28
    Cranston-Gonzalez National Affordable Housing Act
    House: no recorded tallySenate: 93–6
  • Amended byPub. L. 109-148(H.R. 2863)2005-12-30
    Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006
  • Amended byPub. L. 109-163(H.R. 1815)2006-01-06
    National Defense Authorization Act for Fiscal Year 2006
    House: 374–41Senate: no recorded tally