---
kind: "section"
citation: "42 U.S.C. § 12635"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12635"
heading: "Nondiscrimination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12635"
units:
  - "Chapter 129 — National and Community Service"
  - "Subchapter I — National and Community Service State Grant Program"
  - "Division F — Administrative Provisions"
---

# §12635. Nondiscrimination

- (a) **In general—**
  - (1) **Basis—** An individual with responsibility for the operation of a [project](/usc/42/13641.md?p=2) that receives assistance under this subchapter shall not discriminate against a participant in, or member of the staff of, such [project](/usc/42/13641.md?p=2) 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) **“Qualified individual with a disability” defined—** As used in [paragraph (1)](#a-1), the term “qualified individual with a disability” has the meaning given the term in [section 12111(8) of this title](/usc/42/12111.md?p=8).
- (b) **Federal financial assistance—** Any assistance provided under this subchapter shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.), title IX of the Education Amendments of 1972 ([20 U.S.C. 1681](/usc/20/1681.md) et seq.), section 504 of the Rehabilitation Act of 1973 ([29 U.S.C. 794](/usc/29/794.md)), and the Age Discrimination Act of 1975 ([42 U.S.C. 6101](/usc/42/6101.md) et seq.), and shall constitute Federal financial assistance to an education [program](/usc/42/12626.md?p=8) or activity for purposes of the Education Amendments of 1972 ([20 U.S.C. 1681](/usc/20/1681.md) et seq.).
- (c) **Religious discrimination—**
  - (1) **In general—** Except as provided in [paragraph (2)](#c-2), an individual with responsibility for the operation of a [project](/usc/42/13641.md?p=2) that receives assistance under this subchapter shall not discriminate on the basis of religion against a participant in such [project](/usc/42/13641.md?p=2) or a member of the staff of such [project](/usc/42/13641.md?p=2) who is paid with funds received under this subchapter.
  - (2) **Exception—** [Paragraph (1)](#c-1) shall not apply to the employment, with assistance provided under this subchapter, of any member of the staff, of a [project](/usc/42/13641.md?p=2) that receives assistance under this subchapter, who was employed with the organization operating the [project](/usc/42/13641.md?p=2) on the date the grant under this subchapter 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.

## Source credit

(Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104 Stat. 3161; Pub. L. 103–82, title I, § 115, Sept. 21, 1993, 107 Stat. 862.)

## Notes

### Editorial Notes

### References in Text

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 Act 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.

The Education Amendments of 1972, referred to in subsec. (b), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.

The Age Discrimination Act of 1975, referred to in subsec. (b), 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.

### Amendments

1993—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.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1993 Amendment

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.