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Federal Coordination and Compliance Section

42 USC 5309

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.


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This page was last updated on November 13, 2000

General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Leadership
Deeana Jang
Chief
Contact
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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