Title 42, The Public Health and WelfareRelease 119-110
§5309 Nondiscrimination in Programs and Activities
Title 42 › CHAPTER 69 — COMMUNITY DEVELOPMENT › § 5309
Summary
Programs or activities that get money under this law must not exclude people or treat them unfairly because of race, color, national origin, religion, or sex. Rules against age discrimination and against excluding qualified people with disabilities also apply to these programs. If the Secretary finds a state or local government getting these funds is not following the rules, the Secretary will tell the governor or local leader and ask them to fix it. They must correct the problem within a reasonable time, not more than 60 days. If they do not, the Secretary can send the case to the Attorney General, use other civil‑rights enforcement powers, or take other legal actions. The Attorney General may sue in federal court for relief, including orders to stop the discrimination. The race-based ban does not apply to help given to Hawaiian Home Lands. Youth organization — group serving people under 21 (for example, the Boy Scouts). Any state or local government that gets funds and has a public forum, limited forum, or nonpublic forum must give youth organizations an equal chance to meet and may not discriminate against them, including the Boy Scouts and their official affiliates.
Full Legal Text
Title 42, §5309
The Public Health and Welfare, Source: USLM XML via OLRC
(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) 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.
(c)Civil action by Attorney General
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.
(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.
(e)Equal access
(1)Definition
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.
(2)In general
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
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (b), (d), and (e)(2), was in the original “this title”, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. 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, which is classified generally to chapter 76 (§ 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. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 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
2006—Subsec. (b). Pub. L. 109–163, § 1058(d)(1), inserted “or (e)” after “subsection (a)” in first sentence. Subsec. (e). Pub. L. 109–163, § 1058(d)(2), added subsec. (e). 2005—Subsec. (b). Pub. L. 109–148, § 8126(d)(1), which directed amendment identical to amendment by Pub. L. 109–163, § 1058(d)(1), was not executed. See 2006 Amendment note above and Reconciliation of Duplicate Enactments note below. Subsec. (e). Pub. L. 109–148, § 8126(d)(2), which directed addition of subsec. (e) substantially identical to subsec. (e) added by Pub. L. 109–163, § 1058(d)(2), was not executed. See 2006 Amendment note above and Reconciliation of Duplicate Enactments note below. 1990—Subsec. (a). Pub. L. 101–625, § 912(a), inserted “religion,” after “national origin,”. Subsec. (d). Pub. L. 101–625, § 911, added subsec. (d). 1981—Subsec. (a). Pub. L. 97–35 inserted provisions respecting age discrimination.
Statutory Notes and Related Subsidiaries
Effective Date
of 1990 Amendment Pub. L. 101–625, title IX, § 912(b), Nov. 28, 1990, 104 Stat. 4392, 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 AmendmentAmendment 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. Reconciliation of Duplicate Enactments Pub. L. 109–364, div. A, title X, § 1071(f)(2), Oct. 17, 2006, 120 Stat. 2402, as amended by Pub. L. 110–181, div. A, title X, § 1063(c)(10), Jan. 28, 2008, 122 Stat. 323, provided that: “In executing to section 109 of the Housing and Community Development Act of 1974 [42 U.S.C. 5309] the
Amendments
made by section 8126(d) of Public Law 109–148 (119 Stat. 2730) and section 1058(d) of Public Law 109–163 (119 Stat. 3443), such
Amendments
shall be executed so as to appear only once in the law as amended.” [Pub. L. 110–181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(10) to Pub. L. 109–364, § 1071(f)(2), set out above, is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364, as enacted.]
Reference
Citations & Metadata
Citation
42 U.S.C. § 5309
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110