§ 5309. Nondiscrimination in programs and activities

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. 1974

   Housing and Community Development Act of 1974

   Pub. L. 93–383 title I § 109 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5309

   Pub. L. 93–383, title I, § 109, Aug. 22, 1974, 88 Stat. 649

   Source evidence

   Code source credit
   Pub. L. 93–383, title I, § 109, Aug. 22, 1974, 88 Stat. 649

   Enacted provision · exact public law section
   Sec. 109. nondiscrimination (a) No person in the United States shall on the ground 42 USC 5309. of race, color, national origin, 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 title. (b) Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this title has failed to comply with subsection (a) 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 111(a) of this Act; or (4) take such other action as may be provided by law. (c) 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.

2. 1981

   Housing and Community Development Amendments of 1981

   Pub. L. 97–35 title III § 306 · 95 Stat. 357

   Inserted · 42 U.S.C. § 5309(a)

   Pub. L. 97–35 inserted provisions respecting age discrimination

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–35 inserted provisions respecting age discrimination.

   Enacted provision · exact public law section
   Sec. 306. nondiscrimination Section 109(a) of the Housing and Community Development 42 USC 5309. Act of 1974 is amended by adding the following new sentence at the end thereof: “Any prohibition against discrimination on the basis 42 USC 6101 note. of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 29 USC 794. of the Rehabilitation Act of 1973 shall also apply to any such program or activity.”.

3. 1990

   Cranston-Gonzalez National Affordable Housing Act

   Pub. L. 101–625 § 912(a) · 104 Stat. 4079

   Inserted · 42 U.S.C. § 5309(a)

   Pub. L. 101–625, § 912(a), inserted “religion,” after “national origin,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–625, § 912(a), inserted “religion,” after “national origin,”.

   Enacted provision · exact public law section
   (a) In General.— Section 109(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5309(a)) is amended by inserting “religion,” after “national origin,”.

   Effective date note
   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].”

4. 1990

   Cranston-Gonzalez National Affordable Housing Act

   Pub. L. 101–625 § 911 · 104 Stat. 4079

   Added · 42 U.S.C. § 5309(d)

   Pub. L. 101–625, § 911, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–625, § 911, added subsec. (d).

   Enacted provision · exact public law section
   SEC. 911. HAWAIIAN HOME LANDS. Section 109 of the Housing and Community Development Act of 42 USC 5309 note. 1974 (42 U.S.C. 5309) is amended by adding at the end the following new subsection: “(d) The provisions of this section and section 104(b)(2) which relate to discrimination on the basis of race shall not apply to the provision of assistance by grantees under this title to the Hawaiian Home Lands.”.

   Effective date note
   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].”

5. 2005

   Support Our Scouts Act of 2005

   Pub. L. 109–148 § 8126(d)(1) · 119 Stat. 2680

   Changed · 42 U.S.C. § 5309(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in the first sentence of subsection (b) by inserting “or (e)” after “subsection (a)”; and

6. 2005

   Support Our Scouts Act of 2005

   Pub. L. 109–148 § 8126(d)(2) · 119 Stat. 2680

   Added · 42 U.S.C. § 5309(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(e) Equal Access.— “(1) Definition.— In this subsection, the term ‘youth organization’ means any organization described under part B of subtitle II of title 36, United States Code, 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.” .

7. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 1058(d)(1) · 119 Stat. 3136

   Inserted · 42 U.S.C. § 5309(b)

   Pub. L. 109–163, § 1058(d)(1), inserted “or (e)” after “subsection (a)” in first sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–163, § 1058(d)(1), inserted “or (e)” after “subsection (a)” in first sentence.

   Enacted provision · exact public law section
   (1) in the first sentence of subsection (b), by inserting “or (e)” after “subsection (a)”; and

8. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 1058(d)(2) · 119 Stat. 3136

   Added · 42 U.S.C. § 5309(e)

   Pub. L. 109–163, § 1058(d)(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–163, § 1058(d)(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(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, United States Code, 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 title 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.” .

8 of 8 references resolved to an enrolled provision