
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5309]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 69--COMMUNITY DEVELOPMENT
 
Sec. 5309. Nondiscrimination in programs and activities


(a) Prohibited conduct

    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.

(b) Compliance procedures available to Secretary

    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) of this section 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.

(c) Civil action by Attorney General

    When a matter is referred to the Attorney General pursuant to 
subsection (b) of this section, 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.

(d) Waiver of race discrimination prohibitions regarding assistance to 
        Hawaiian Home Lands

    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.

(Pub. L. 93-383, title I, Sec. 109, Aug. 22, 1974, 88 Stat. 649; Pub. L. 
97-35, title III, Sec. 306, Aug. 13, 1981, 95 Stat. 392; Pub. L. 101-
625, title IX, Secs. 911, 912(a), Nov. 28, 1990, 104 Stat. 4392.)

                       References in Text

    The Age Discrimination Act of 1975, referred to in subsec. (a), is 
title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, 
which is classified generally to chapter 76 (Sec. 6101 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 6101 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil 
Rights Act of 1964 is classified generally to subchapter V (Sec. 2000d 
et seq.) of chapter 21 of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 2000a 
of this title and Tables.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-625, Sec. 912(a), inserted 
``religion,'' after ``national origin,''.
    Subsec. (d). Pub. L. 101-625, Sec. 911, added subsec. (d).
    1981--Subsec. (a). Pub. L. 97-35 inserted provisions respecting age 
discrimination.


                    Effective Date of 1990 Amendment

    Section 912(b) of Pub. L. 101-625 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to conduct relating to discrimination occurring after the date of the 
enactment of this Act [Nov. 28, 1990].''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 
of Pub. L. 97-35, set out as an Effective Date note under section 3701 
of Title 12, Banks and Banking.

                  Section Referred to in Other Sections

    This section is referred to in sections 3608, 5307 of this title.
