§ 12635. Nondiscrimination

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National and Community Service Act of 1990

   Pub. L. 101–610 title I § 175 · 104 Stat. 3127

   Enacted · 42 U.S.C. § 12635

   Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104 Stat. 3161

   Source evidence

   Code source credit
   Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104 Stat. 3161

   Enacted provision · exact public law section
   SEC. 175. NONDISCRIMINATION. (a) In General.— An individual with responsibility for the operation of a project that receives assistance under this title shall not discriminate against a participant or member of the staff of such project on the basis of race, color, national origin, sex, age, disability, or political affiliation of such member. (b) Federal Financial Assistance.— Any assistance provided under this title shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the regulations issued under such Acts. (c) Religious Discrimination.— (1) In general.— Except as provided in paragraph (2), an individual with responsibility for the operation of a project that receives assistance under this title shall not discriminate on the basis of religion against a participant or a member of the project staff who is paid with funds received under this title. (2) Exception.— Paragraph (1) shall not apply to the employment, with assistance provided under this title, of any member of the staff of a project that receives assistance under this title who was employed with the organization operating the project on the date the grant under this title was awarded. (d) Rules and Regulations.— The Commission shall promulgate rules and regulations to provide for the enforcement of this section that shall include provisions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided.

2. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 title I § 115 · 107 Stat. 785

   Amended · 42 U.S.C. § 12635

   Pub. L. 103–82 amended section generally, making revisions relating to discrimination based on disability, the laws for which assistance under this subchapter constitutes Federal financial assistance, and the responsibility for promulgating regulations

   Source evidence

   Code amendment note
   Pub. L. 103–82 amended section generally, making revisions relating to discrimination based on disability, the laws for which assistance under this subchapter constitutes Federal financial assistance, and the responsibility for promulgating regulations.

   Enacted provision · exact public law section
   SEC. 115. NONDISCRIMINATION. Section 175 of the National and Community Service Act of 1990 (42 U.S.C. 12635) is amended to read as follows: “SEC. 175. NONDISCRIMINATION. “(a) In General.— “(1) Basis.— An individual with responsibility for the operation of a project that receives assistance under this title snail not discriminate against a participant in, or member of the staff of, such project on the basis of race, color, national origin, sex, age, or political affiliation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a disability. “(2) Definition.— As used in paragraph (1), the term ‘qualified individual with a disability has the meaning given the term in section 101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(8)). “(b) Federal Financial Assistance.— Any assistance provided under this title shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title DC of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall constitute Federal financial assistance to an education program or activity for purposes of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). “(c) Religious Discrimination.— “(1) In general.— Except as provided in paragraph (2), an individual with responsibility for the operation of a project that receives assistance under this title shall not discriminate on the basis of religion against a participant in such project or a member of the staff of such project who is paid with funds received under this title. “(2) Exception.— Paragraph (1) shall not apply to the employment, with assistance provided under this title, of any member of the staff, of a project that receives assistance under this title, who was employed with the organization operating the project on the date the grant under this title was awarded. “(d) Rules and Regulations.— The Chief Executive Officer shall promulgate rules and regulations to provide for the enforcement of this section that shall include provisions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided..

   Effective date note
   Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.

2 of 2 references resolved to an enrolled provision