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[Federal Register: December 6, 2000 (Volume 65, Number 235)]
[Proposed Rules]
[Page 76459-76517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de00-34]
[[Page 76459]]
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Part V
Nondiscrimination on the Basis of Race, Color, National Origin,
Handicap, or Age in Programs or Activities Receiving Federal Financial
Assistance; Proposed Rule
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Department of Agriculture
Nuclear Regulatory Commission
Department of Energy
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Tennessee Valley Authority
Department of State
Agency for International Development
Department of Justice
Department of Labor
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
National Science Foundation
National Foundation on the Arts and the Humanities
National Endowment for the Arts
National Endowment for the Humanities
Institute of Museum and Library Services
Corporation for National and Community Service
Department of Transportation
[[Page 76460]]
DEPARTMENT OF AGRICULTURE
7 CFR Parts 15, 15b
RIN 0566-AB78
NUCLEAR REGULATORY COMMISSION
10 CFR Part 4
RIN 3130-AG65
DEPARTMENT OF ENERGY
10 CFR Part 1040
RIN 1901-AA86
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 112, 117
RIN 3245-AE58
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1250, 1251, 1252
RIN 2700-AC41
DEPARTMENT OF COMMERCE
15 CFR Parts 8, 8b, 20
RIN 0690-AA30
TENNESSEE VALLEY AUTHORITY
18 CFR Parts 1302, 1307, 1309
RIN 3316-AA20
DEPARTMENT OF STATE
22 CFR Parts 141, 142, 143
RIN 1400-AB17
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Parts 209, 217, 218
RIN 0412-AA45
DEPARTMENT OF JUSTICE
28 CFR Part 42
RIN 1190-AA49
DEPARTMENT OF LABOR
29 CFR Parts 31, 32
RIN 1291-AA31
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 18
RIN 2900-AK13
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
RIN 2020-AA43
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-6, 101-8
RIN 3090-AH33
DEPARTMENT OF THE INTERIOR
43 CFR Part 17
RIN 1090-AA77
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 7
RIN 3067-AD14
NATIONAL SCIENCE FOUNDATION
45 CFR Parts 605, 611, 617
RIN 3145-AA38
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Parts 1110, 1151, 1156
RIN 3135-AA17
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Parts 1110, 1170
RIN 3136-AA24
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
45 CFR Part 1110
RIN 3137-AA11
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1203, 1232
RIN 3045-AA29
DEPARTMENT OF TRANSPORTATION
49 CFR Parts 21, 27
RIN 2105-AC96
Nondiscrimination on the Basis of Race, Color, or National Origin
in Programs or Activities Receiving Federal Financial Assistance;
Nondiscrimination on the Basis of Handicap in Programs or Activities
Receiving Federal Financial Assistance; Nondiscrimination on the Basis
of Age in Programs or Activities Receiving Federal Financial Assistance
AGENCIES: Department of Agriculture; Nuclear Regulatory Commission;
Department of Energy; Small Business Administration; National
Aeronautics and Space Administration; Department of Commerce; Tennessee
Valley Authority; Department of State; Agency for International
Development; Department of Justice; Department of Labor; Department of
Veterans Affairs; Environmental Protection Agency; General Services
Administration; Department of the Interior; Federal Emergency
Management Agency; National Science Foundation; National Endowment for
the Arts, National Endowment for the Humanities, Institute of Museum
and Library Services, National Foundation on the Arts and the
Humanities; Corporation for National and Community Service; Department
of Transportation (collectively, ``the Agencies'').
ACTION: Joint notice of proposed rulemaking.
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SUMMARY: The Agencies propose to amend their regulations implementing
Title VI of the Civil Rights Act of 1964 (``Title VI''), Section 504 of
the Rehabilitation Act of 1972 (``Section 504''), and the Age
Discrimination Act of 1975 (``Age Discrimination Act''). Together,
these statutes prohibit discrimination on the basis of race, color,
national origin, disability, and age in programs or activities that
receive Federal financial assistance. In 1988, the Civil Rights
Restoration Act (``CRRA'') added definitions of ``program or activity''
and ``program'' to Title VI and added a definition of ``program or
activity'' to Section 504 and the Age Discrimination Act. The added
definitions were designed to clarify the broad scope of coverage of
recipients' programs or activities under these statutes. This proposed
regulation incorporates the CRRA's definition of ``program or
activity'' and ``program'' into Title VI, Section 504, and Age
Discrimination Act regulations of the Agencies, and promotes consistent
and adequate enforcement of these statutes by the Agencies.
DATES: We must receive your comments on or before January 5, 2001.
ADDRESSES: Address all comments about these proposed regulations to
Merrily A. Friedlander, Chief, Coordination and Review Section, Civil
Rights Division, U.S. Department of Justice, P.O. Box 66560,
Washington, D.C. 20035-6560, facsimile (202) 307-0595.
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief,
Coordination and Review Section, Civil Rights Division, U.S. Department
of Justice, (202) 307-2222 voice, (202) 307-2678 TTY, (202) 307-0595
fax.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding these proposed
regulations. To ensure that your comments have maximum effect in
developing the final regulations, we urge you to identify clearly the
specific section or sections of the proposed regulations that each of
your comments addresses and to arrange your comments in the same order
as the proposed regulations.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 (``Regulatory Planning and
Review'') and its overall requirement of reducing regulatory burdens
that might result from these proposed regulations. Please
[[Page 76461]]
let us know of any further opportunities we should take to reduce
potential costs or increase potential benefits while preserving the
effective and efficient administration of these Federal civil rights
requirements.
During and after the comment period, you may inspect all public
comments about these proposed regulations at the Coordination and
Review Section, 1425 New York Avenue NW., Washington, DC, between the
hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday
of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed regulations. If you want to
schedule an appointment for this type of aid, you may call (202) 307-
2222 voice or (202) 307-2678 TTY.
Overview
The Agencies propose to amend their civil rights regulations to
conform to provisions of the Civil Rights Restoration Act of 1987
(``CRRA''), Pub. L. 100-259, regarding the scope of coverage under
civil rights statutes they administer. These statutes include Title VI
of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq.
(``Title VI''); Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794 (``Section 504''); and the Age Discrimination
Act of 1975, as amended, 42 U.S.C. 6101, et seq. (``Age Discrimination
Act''). Title VI prohibits discrimination on the basis of race, color,
and national origin in all programs or activities that receive Federal
financial assistance; Section 504 prohibits discrimination on the basis
of disability in all programs or activities that receive Federal
financial assistance; and the Age Discrimination Act prohibits
discrimination on the basis of age in all programs or activities that
receive Federal financial assistance. (Note that the CRRA does not
affect coverage under federal employment nondiscrimination statutes,
such as Title VII of the Civil Rights Act of 1964, Title I of the
Americans with Disabilities Act, and the Age Discrimination in
Employment Act.)
Background Information
The principal proposed conforming change is to amend each of these
regulations to add a definition of ``program or activity'' or
``program'' that reflects the statutory definition of ``program or
activity'' or ``program'' enacted as part of the CRRA. We believe that
adding this statutory definition to the regulatory language is the best
way to avoid confusion on the part of beneficiaries, recipients,
government entities, and other interested parties about the scope of
civil rights coverage. This proposal also conforms to a final rule
under Title IX of the Education Amendments of 1972, as amended, to
establish common regulations for 21 Federal agencies published on
August 30, 2000. 65 Fed. Reg. 52857. That common rule incorporated the
statutory definitions of ``program or activity'' and ``program''
enacted as part of the CRRA.
When originally issued and implemented, the Agencies' civil rights
regulations were interpreted by the Agencies to mean that acceptance of
Federal assistance by a recipient resulted in broad coverage of an
entity. The Supreme Court, however, interpreted ``program or activity''
in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 570-74
(1984). The Court concluded in Grove City College that Federal student
financial assistance provided to a college established jurisdiction
under Title IX only over the college's financial aid program, not the
entire college. Since Title IX was patterned after Title VI, this
interpretation significantly narrowed the prohibitions of Title VI and
two other statutes based on it: the Age Discrimination Act and Section
504. See S. Rep. No. 100-64, at 2-3, 11-16, reprinted in 1988
U.S.C.C.A.N. at 3-5, 13-18. Following the Supreme Court's decision in
Grove City, the Agencies changed their interpretation, but not the
language, of the governing regulations to be consistent with the
Court's restrictive, program-specific definition of ``program or
activity.''
In 1988, Congress enacted the CRRA to restore the prior consistent
and long-standing executive branch interpretation and ``broad,
institution-wide application'' of those laws as previously
administered. S. Rep. No. 100-64, at 4, reprinted in 1988 U.S.C.C.A.N.
at 6. Congress enacted the CRRA in order to remedy what it perceived to
be a serious narrowing by the Supreme Court of a longstanding
administrative interpretation of the coverage of these laws. At that
time, the Agencies reinstated their broad interpretation to be
consistent with the CRRA, again without changing the language of the
regulations. To the extent there was any inconsistency between the
language of the regulations and the language of the CRRA, it was and
remains the Agencies' interpretation that the CRRA superseded the
regulations and, therefore, the regulations must be read in conformity
with the CRRA. This interpretation was consistent with the
understanding of Congress as expressed in the legislative history of
the CRRA that the statutory definition of ``program or activity'' would
take effect immediately without the need for Federal agencies to amend
their existing regulations. S. Rep. No. 100-64, at 32, reprinted in
1988 U.S.C.C.A.N. at 34.
The proposed regulatory changes set out in this notice are designed
to address an issue recently raised by the Third Circuit Court of
Appeals in Cureton v. NCAA, 198 F.3d 107 (3d Cir. 1999). The Third
Circuit determined that, because the Departments of Health and Human
Services and Education did not amend their Title VI regulations after
the enactment of the CRRA, application of the Departments' Title VI
regulations to disparate impact discrimination claims is ``program
specific'' (i.e., limited to the particular program receiving Federal
financial assistance), rather than institution-wide (i.e., applicable
to all of the operations of the institution regardless of the use of
the Federal funds). See id. at 114-16. As noted above, however, the
Agencies have, since the passage of the CRRA, consistently interpreted
the coverage of their Title VI regulations to reach those programs that
fall within the broad statutory definition of ``program or activity.''
The Cureton decision would thwart clearly expressed congressional
intent by giving continued effect to a judicial interpretation that
Congress intended to override. In any event, the proposed regulatory
changes would address the concerns raised by the Third Circuit in that
the regulations would track the CRRA's statutory language and apply to
both disparate impact and disparate treatment forms of discrimination.
(``Disparate treatment,'' i.e., intentional discrimination, refers to
policies or practices that treat individuals differently based on their
race, color, national origin, disability, or age, as applicable.
Discrimination that involves such disparate treatment is barred by the
civil rights statutes and regulations. ``Disparate impact'' refers to
criteria or methods of administration that have a significant adverse
effect on individuals based on race, color, national origin,
disability, or age, as applicable. Such criteria or practices
constitute impermissible discrimination if there is no substantial
legitimate justification for those criteria or practices. However, even
where such a justification exists, if there is an equally
[[Page 76462]]
effective but less discriminatory alternative, that alternative must be
adopted.)
Pursuant to Executive Order 12250 (``Leadership and Coordination of
Nondiscrimination Laws''), the Department of Justice (``DOJ'')
requested that the Agencies jointly issue amendments to their
regulations implementing Title VI, Section 504, and the Age
Discrimination Act to incorporate the CRRA definitions of ``program''
and ``program or activity.'' The two federal agencies implicated in the
Cureton decision--the Department of Education (``ED'') and the
Department of Health and Human Services (``HHS'')--are promulgating
separate rules to incorporate the CRRA's expanded definition of
``program or activity'' and ``program'' in their regulations. DOJ is
participating in and coordinating the promulgation of amendments to 22
other agencies' Title VI, Section 504, and Age Discrimination Act
regulations. Again, while DOJ views these modifications to be merely
technical in nature, public comments are invited on these
modifications. These proposed changes are summarized in the sections
below.
Definition of ``Program or Activity'' and ``Program''
The statutory definition, which is being incorporated into the
regulations, addresses the scope of coverage for four broad categories
of recipients: (1) State or local governmental entities; (2) colleges,
universities, other postsecondary educational institutions, public
systems of higher education, local educational agencies, systems of
vocational education, and other school systems; (3) private entities,
such as corporations, partnerships, and sole proprietorships; and (4)
entities that are a combination of any of those groups. See 42 U.S.C.
2000d-4a.
Under the first part of the definition, when State and local
governmental entities receive financial assistance from a Federal
agency, the ``program or activity'' or ``program'' in which
discrimination is prohibited includes all of the operations of any
State or local department or agency to which the Federal assistance is
extended. If, for example, a State or local agency receives Federal
assistance for one of many functions of the agency, all of the
operations of the entire agency are subject to the nondiscrimination
provisions of these regulations. Furthermore, if the aid is given to an
entity or unit of government that subsequently distributes the
assistance to a second agency, the entire entity to which the
assistance was initially given is subject to the regulations. See 42
U.S.C. 2000d-4a(1); S. Rep. No. 100-64, at 16, reprinted in 1988
U.S.C.C.A.N. at 18.
Under the second portion of the definition of ``program or
activity,'' when covered educational institutions receive Federal
financial assistance, all of their operations are subject to the
nondiscrimination requirements of the funding agency's regulations. See
42 U.S.C. 2000d-4a(2).
Under the third part of the definition, the degree of coverage of
private entities, such as private corporations and partnerships, will
vary depending on how the funding is provided, the principal purpose or
objective of the entity, or how the entity is structured (e.g.,
physically separate offices or plants). Each of the operations of
private businesses that are principally engaged in education, health
care, housing, social services, or parks and recreation is considered a
``program or activity'' for purposes of these regulations. See 42
U.S.C. 2000d-4a(3)(A)(ii). S. Rep. No. 100-64 provides numerous other
examples of the scope of coverage with regard to each category of
recipient, and readers are referred to this material. S. Rep. No. 100-
64, at 16-20, reprinted in 1988 U.S.C.C.A.N. at 19-21. In addition, if
Federal financial assistance is extended to a private entity ``as a
whole'' and the private entity is not principally engaged in the
business of education, health care, housing, social services, or parks
and recreation, all of the private entity's operations at all of its
locations would be covered. If the private entity receives general
assistance, that is, assistance that is not designated for a particular
purpose, that would be considered Federal financial assistance to the
private entity ``as a whole.'' In other instances where financial
assistance is extended directly to a geographically separate facility
of an entity described in the third part of this definition, then
coverage would be limited to the geographically separate facility that
receives the assistance. See 42 U.S.C. 2000d-4a(3).
Under the fourth part of the definition, if an entity of a type not
already covered by one of the first three parts of the definition is
established by two or more of the entities listed under the first three
parts of the definition, then all of the operations of that new entity
are covered. See 42 U.S.C. 2000d-4a(4).
The proposed amendments will incorporate the CRRA definition of
``program or activity'' and ``program'' into the agencies' regulations.
When Congress amended Title VI in the CRRA, it added definitions of
both ``program or activity'' and ``program'' to the statute. Therefore,
we have proposed to amend each agency's Title VI regulations to
incorporate the definition of both ``program or activity'' and
``program.'' However, when Congress amended Section 504 and the Age
Discrimination Act in the CRRA, it added a definition of the term
``program or activity,'' but did not add a similar definition of the
term ``program.'' Thus, we have amended the agencies' Section 504 and
Age Discrimination Act regulations to incorporate a new definition of
``program or activity'' only.
As explained below, in order to conform with the CRRA definitions
of ``program or activity'' and ``program,'' the proposed regulations
also would modify or delete some existing sections of the Agencies'
regulations that have become superfluous or incorrect following
enactment of the CRRA. These proposed modifications would not change
the requirements of the existing regulations.
It is important to note that the proposed changes would not in any
way alter the requirement of the CRRA that a fund termination be
limited to the particular programs ``or part[s] thereof'' that
discriminate, or, as appropriate, to all of the programs that are
infected by the discriminatory practices. See S. Rep. No. 100-64, at
20, reprinted in 1988 U.S.C.C.A.N. at 22 (``The [CRRA] defines
`program' in the same manner as `program or activity,' and leaves
intact the `or part thereof' pinpointing language.'').
Assurances
Several agencies' Title VI regulations include an assurance
requirement that has created confusion with regard to the scope of
``program or activity'' under these regulations. In general, these
assurances, which are legal agreements between the government and
recipients of Federal financial assistance, are designed to ensure that
recipients of Federal financial assistance comply with
nondiscrimination laws and do not discriminate in their programs or
activities. However, some agencies have assurance provisions that are
confusing in light of the CRRA because they incorrectly state that, in
some circumstances, certain parts of a program will not be covered by
civil rights laws. For example, DOJ's assurance provision, which is
very similar to the corresponding assurance requirements in other
agencies' Title VI regulations, provides in part: ``[t]he assurance * *
* shall be applicable to the entire institution unless the applicant
establishes, to the satisfaction of the responsible Department
official,
[[Page 76463]]
that the practices in designated parts or programs of the institution *
* * will in no way affect its practices in the program of the
institution * * * for which Federal financial assistance is sought. * *
* '' 28 CFR 42.105(c)(2). In order to avoid any further confusion, the
proposed rule would delete the above provision and similar provisions
in the regulations of other agencies that incorrectly suggest that some
parts of a program will not be covered under certain circumstances.
This change will ensure that agency regulations reflect the broad scope
of coverage of a program or activity that was contemplated by the CRRA.
Several Federal agencies' Title VI regulations provide illustrative
examples or applications that refer to the waiver language contained in
the assurance provision. Because the waiver language in relevant
assurance provisions should be deleted, similar language and references
in illustrative applications and examples also should be deleted. These
proposed deletions would not affect the reach of the statutes or
regulations.
Other References to ``Program'' and ``Program or Activity''
We are also proposing to delete references to ``program'' and
``program or activity'' in the existing regulations that do not conform
to the broadened CRRA definition of ``program'' and ``program or
activity.'' For example, in some instances, we have proposed to
substitute ``Federal financial assistance'' for ``program'' or
``program or activity'' where the phrase refers to Federal financial
assistance. In other instances, we have proposed to substitute the
phrase ``aid, benefit, or service'' if that is the intended meaning. We
have also proposed revisions when the terms ``program'' and ``program
or activity'' are used too narrowly, i.e., when they are used to
indicate only a specific portion of a program that directly receives
assistance. The nomenclature tables, which are charts designed to
provide an easy method for viewing the words to be removed or replaced,
show these proposed conforming changes for each agency. In some
instances, we would change the phrase ``program and activity'' to
``program or activity'' to conform the regulations to the term as
defined in the CRRA. We have not proposed to modify the term
``activity'' when it appears separately from the phrase ``program or
activity'' and is used in a manner unrelated to the CRRA phrase
``program or activity.''
Although we have generally proposed to delete all references to
``program'' and ``program or activity'' where such references do not
conform to the CRRA, we have not done so when the regulation is merely
copying statutory language. For example, the regulations for some
agencies contain a compliance provision that requires the agency to
report any order for fund termination to the congressional committee
with jurisdiction over the ``program'' involved. In this case, the term
``program'' clearly refers to the Federal financial assistance, but we
have not proposed to replace the word because the copied statutory
language itself uses the term ``program.''
In other instances in which the term ``program'' is used in a
manner inconsistent with the CRRA, we have proposed to capitalize the
word in order to distinguish it from the term defined by the CRRA. For
example, we have proposed to capitalize certain terms of art
(e.g.,``Historic Preservation Program,'' ``Individualized Education
Program'') or names of types of Federal financial assistance (e.g.,
``School Lunch Program'') to avoid confusion.
Other Conforming Changes
Other proposed changes include modifications to some agencies'
definition of ``recipient.'' A few agencies define this term to include
an entity that ``benefits from'' Federal financial assistance.
Likewise, many agencies' Section 504 and Age Discrimination Act
regulations use the phrase ``receives or benefits from Federal
financial assistance.'' The phrase ``or benefits from'' in this context
should be deleted as it is superfluous in light of the CRRA.
Because the proposed changes are limited to those that are related
to the CRRA definition of ``program'' and ``program or activity,'' we
are not proposing to make additional technical corrections unless the
provision is already subject to a CRRA-related change. Likewise, we do
not propose to make other technical corrections to outdated agency or
office names, with one notable exception. Since the regulations for the
Department of Energy require that age discrimination complaints be
filed with a specific office, we have updated the regulations to
reflect the new name of that office, thereby reducing confusion for
individual complainants.
Although we did not propose to amend the content of the Agencies'
appendices, the headings and introductory text describing the content
were amended to conform with the CRRA. Additional conforming changes to
the body of the various agency appendices will be published in the
Federal Register in a separate document at a later date.
Period for Public Comment
Because these proposed changes merely incorporate statutory
language and do not alter the Agencies' consistent position that the
regulations must be read in conformity with the CRRA, the Agencies view
these proposed changes as technical in nature. However, the Agencies
are inviting public comment on the proposed changes, consistent with
their policy of involving interested members of the public in the
rulemaking process. We have decided to use a 30-day comment period
because we do not anticipate receiving a large volume of comments on
the limited technical changes in this proposed rule.
Coordination With the Department of Education
The Department of Education (``ED'')--one of two agencies that were
implicated in the Cureton decision and that have decided to promulgate
separate rules to incorporate the CRRA's expanded definition of
``program or activity'' in their regulations--published its proposed
rule on May 5, 2000, at 65 FR 26464. Among other modifications, ED's
proposed amendments contain several conforming changes to the following
three subparts of its Section 504 regulations: (1) Preschool,
Elementary, and Secondary Education; (2) Postsecondary Education; and
(3) Health, Welfare, and Social Services.
Eight other Federal agencies have Section 504 regulations
containing sections similar to all or a portion of the provisions in
the above three subparts. Because we believe that it is particularly
important to maintain consistency among Federal agencies with respect
to these subparts, we have, with a few minor exceptions, followed ED's
lead when amending these sections for the other eight agencies--
Department of Agriculture, Department of Commerce, Department of
Interior, Department of State, Department of Veterans Affairs, Agency
for International Development, National Endowment for the Humanities,
and National Science Foundation--that have similar regulations.
Differences Among Agencies
Some agencies lack regulations implementing Section 504 or the Age
Discrimination Act. In accordance with the limited scope of this
proposed regulation, we have not proposed to add Section 504 or Age
Discrimination Act sections to agencies that lack such regulations.
Outlined below are the agencies that do not have such implementing
regulations, as well as agencies that have comprehensive rules
[[Page 76464]]
implementing several statutes in one set of regulations or that follow
the regulations of another Federal agency.
Agencies that do not have regulations implementing the Age
Discrimination Act and, therefore, are amending only their regulations
implementing Title VI and Section 504 are: the Department of
Agriculture, the Department of Labor, the Department of Defense, the
Environmental Protection Agency, and the Department of Transportation.
The Federal Emergency Management Agency (``FEMA'') does not have
regulations applying Section 504 to recipients of Federal financial
assistance but, instead, operates in accordance with Section 504
regulations developed by HHS. Therefore, FEMA will amend only its
regulations implementing Title VI and the Age Discrimination Act.
Likewise, the Small Business Administration does not have regulations
applying Section 504 to recipients of Federal financial assistance and,
therefore, will only be amending its Title VI and Age Discrimination
Act regulations.
In addition, the Corporation for National and Community Service
(``the Corporation'') lacks regulations applying the Age Discrimination
Act, Title VI, and Section 504 to recipients of Federal financial
assistance. Instead, the Corporation, which is the successor of ACTION,
operates in accordance with Title VI and Section 504 regulations
promulgated by ACTION and will amend only those regulations. Similarly,
the National Endowment for the Arts, the National Endowment for the
Humanities (``NEH''), and the Institute of Museum and Library Services
(``IMLS''), which together constitute the National Foundation on the
Arts and the Humanities (``NFAH''), operate in accordance with Title VI
regulations developed jointly by these three agencies and thus are
amending their Title VI regulations jointly. However, NEA is separately
amending its Section 504 and Age Discrimination Act regulations, while
NEH, which lacks an Age Discrimination Act regulation, is amending its
Section 504 regulation only. IMLS, which operates in accordance with
NEH's Section 504 regulations and does not have regulations
implementing the Age Discrimination Act, is not issuing any separate
amendments.
Applicable Executive Orders and Regulatory Certifications Executive
Order 12067
These proposed conforming changes have been reviewed by the Equal
Employment Opportunity Commission pursuant to Executive Order 12067.
Executive Order 12250
These proposed conforming changes to the Title VI and Section 504
regulations have been reviewed and approved by the Attorney General
pursuant to Executive Order 12250.
Executive Order 12866
These proposed conforming changes have been drafted and reviewed in
accordance with section 1(b) of Executive Order 12866. This regulation
is not a significant regulatory action under section 3(f)(4) of
Executive Order 12866.
1. Potential Costs and Benefits
Under Executive Order 12866, the Agencies have assessed the
potential costs and benefits of this regulatory action. The potential
costs associated with the proposed regulations are those resulting from
statutory requirements and those that the Agencies have determined are
necessary for administering these Federal financial assistance statutes
effectively and efficiently. In assessing the potential costs and
benefits--both quantitative and qualitative--of this regulatory action,
the Agencies have determined that there probably will be no cost
impacts because this regulatory action, which implements congressional
amendments, merely clarifies longstanding policy of the Agencies and
does not change the Agencies' practices in addressing issues of
discrimination.
The Agencies have also determined that this regulatory action would
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
2. Clarity of the Regulations
Executive Order 12866 and the President's Memorandum of June 1,
1998, on ``Plain Language in Government Writing'' require each agency
to write regulations that are easy to understand. The Agencies invite
comments on how to make these proposed regulations easier to
understand, including answers to questions such as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of a nomenclature table) aid or reduce their
clarity?
Could the description of the proposed regulations in the
SUMMARY section of this preamble be more helpful in making the proposed
regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
Send any comments that concern how the Agencies could make these
proposed regulations easier to understand to the person listed in the
ADDRESSES section of the preamble.
Age Discrimination Act of 1975
The Age Discrimination Act of 1975 and the Department of Health and
Human Services' (``HHS'') general, government-wide implementing
regulations give the Secretary of HHS the authority to review changes
to the Age Discrimination Act regulations of federal agencies. This
authority has been delegated to the Office for Civil Rights (``OCR''),
which has reviewed and approved these proposed conforming changes.
Small Business Regulatory Enforcement Fairness Act of 1996
It has been determined that this rule is not a major rule as
defined by the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 804. This rule will not result in an annual effect on
the economy of $100 million or more; a major increase in costs or
prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based companies to compete with foreign-based companies in
domestic and export markets.
All recipients of Federal funding have been bound by these
standards of liability since the passage of the CRRA, when the Agencies
reinstated their broad interpretation of the terms ``program or
activity'' and ``program'' and applied these regulations on an
institution-wide basis without changing the language of the
regulations. The joint rule merely makes the regulations track the
statutory language of the CRRA, both for disparate impact and disparate
treatment forms of discrimination. These regulations implement
statutory amendments and longstanding agency policy.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
requires agencies to prepare several analytic statements before
proposing any rule that may result in annual expenditures of $100
million by State, local, Indian tribal governments or the private
sector. See 15 U.S.C. 1532.
These amendments make technical changes to existing regulations
that enforce statutory prohibitions on
[[Page 76465]]
discrimination on the basis of race, color, national origin, age, or
disability. Therefore, these amendments will not result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year, and
they will not significantly or uniquely affect small governments. The
participating agencies certify that no actions were deemed necessary
under the Unfunded Mandates Reform Act of 1995.
Regulatory Flexibility Act
The Agencies, in accordance with the Regulatory Flexibility Act, 5
U.S.C. 605(b), have reviewed these regulations and certify that these
regulations will not have a significant economic impact on a
substantial number of small entities, in large part because these
regulations do not impose any new substantive obligations on Federal
funding recipients. All recipients of Federal funding have been bound
by these standards of liability since the passage of the CRRA, when the
Agencies reinstated their broad interpretation of the terms ``program
or activity'' and ``program'' and applied these regulations on an
institution-wide basis without changing the language of the
regulations. The joint rule merely makes the regulations track the
statutory language of the CRRA, both for disparate impact and disparate
treatment forms of discrimination. These regulations implement
statutory amendments and longstanding agency policy.
Paperwork Reduction Act
The Agencies certify that this proposed rule will not impose
additional reporting or recordkeeping requirements under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 et seq.
Executive Order 13132
This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. The proposed rule does not subject
Federal funding recipients to new obligations. The proposed regulations
amend and clarify existing regulations that are required by statute
pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975.
Therefore, in accordance with section 6 of Executive Order 13132, the
Agencies have determined that these amendments do not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
List of Subjects
7 CFR Part 15
Aged, Civil rights, Religious discrimination, Sex discrimination.
7 CFR Part 15b
Civil rights, Equal employment opportunity, Grant programs--
education, Individuals with disabilities.
10 CFR Part 4
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
10 CFR Part 1040
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Individuals with disabilities, Sex
discrimination.
13 CFR Part 112
Civil rights, Reporting and recordkeeping requirements, Small
businesses.
13 CFR Part 117
Aged, Civil rights, Reporting and recordkeeping requirements.
14 CFR Part 1250
Civil rights.
14 CFR Part 1251
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
14 CFR Part 1252
Aged, Civil rights.
15 CFR Part 8
Civil rights.
15 CFR Part 8b
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities, Reporting and recordkeeping
requirements.
15 CFR Part 20
Administrative practice and procedure, Aged, Civil rights.
18 CFR Part 1302
Civil rights, Reporting and recordkeeping requirements.
18 CFR Part 1307
Administrative practice and procedure, Civil rights, Individuals
with disabilities.
18 CFR Part 1309
Aged, Civil rights.
22 CFR Part 141
Civil rights.
22 CFR Part 142
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
22 CFR Part 143
Aged, Civil rights.
22 CFR Part 209
Civil rights.
22 CFR Part 217
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
22 CFR Part 218
Aged, Civil rights.
28 CFR Part 42
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Grant programs, Individuals with disabilities,
Reporting and recordkeeping requirements, Sex discrimination.
29 CFR Part 31
Civil rights, Reporting and recordkeeping requirements.
29 CFR Part 32
Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements.
38 CFR Part 18
Aged, Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities, Reporting and recordkeeping
requirements, Veterans.
40 CFR Part 7
Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
41 CFR Part 101-6
Civil rights, Government property management.
[[Page 76466]]
41 CFR Part 101-8
Administrative practice and procedure, Civil rights, Government
property management, Individuals with disabilities, Reporting and
recordkeeping requirements.
43 CFR Part 17
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
44 CFR Part 7
Administrative practice and procedure, Aged, Civil rights,
Reporting and recordkeeping requirements.
45 CFR Part 605
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
45 CFR Part 611
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 617
Administrative practice and procedure, Aged, Civil rights.
45 CFR Part 110
Civil rights.
45 CFR Part 1151
Civil rights, Equal employment opportunity, Individuals with
disabilities.
45 CFR Part 1156
Administrative practice and procedure, Aged, Civil rights, Grant
programs, Investigations, Reporting and recordkeeping requirements.
45 CFR Part 1170
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
45 CFR Part 1203
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 1232
Civil rights, Grant programs--social programs, Individuals with
disabilities.
49 CFR Part 21
Civil rights, Reporting and recordkeeping requriements.
49 CFR Part 27
Administrative practice and procedure, Airports, Civil rights,
Highways and roads, Individuals with disabilities, Mass transportation,
Railroads, Reporting and recordkeeping requirements.
Proposed Adoption of Joint Rule
The proposed agency adoptions of this joint rule are set forth
below:
DEPARTMENT OF AGRICULTURE
7 CFR Subtitle A
RIN 0566-AB78
Authority and Issuance
For the reasons set forth in the joint preamble, USDA proposes to
amend 7 CFR subtitle A, parts 15 and 15b as set forth below:
PART 15--NONDISCRIMINATION
1. The authority citation for part 15 continues to read as follows:
Authority: 5 U.S.C. 301; 29 U.S.C. 794.
2. Section 15.2 is amended by revising paragraph (k) to read as
follows:
Sec. 15.2 Definitions.
* * * * *
(k) Program or activity and program mean all of the operations of
any entity described in paragraphs (k)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
* * * * *
3. In Sec. 15.3, the headings for paragraphs (d)(1) through (d)(10)
are revised to read as follows:
Sec. 15.3 Discrimination prohibited.
* * * * *
(d) * * *
(1) Cooperative Agricultural Extension Program. * * *
(2) Rural Electrification and Rural Telephone Programs. * * *
(3) Direct Distribution Program. * * *
(4) National School Lunch Program. * * *
(5) Food Stamp Program. * * *
(6) Special Milk Program for Children. * * *
(7) Price Support Programs carried out through producer
associations or cooperatives or through persons who are required to
provide specified benefits to producers. * * *
(8) Forest Service Programs. * * *
(9) Farmers Home Administration Programs. * * *
(10) Cooperative State Research Programs. * * *
4. Section 15.4 is amended by revising paragraph (c) to read as
follows:
Sec. 15.4 Assurances required.
* * * * *
(c) Assurances from institutions. The assurance required with
respect to an institution of higher education, or any other
institution, insofar as the assurance relates to the institution's
practices with respect to admission or other treatment of individuals
or to the opportunity to participate in the provision of services or
other benefits to such individuals, shall be applicable to the entire
institution.
* * * * *
5. Amend the appendix to subpart A of part 15 as follows:
a. In the heading, by removing the words ``USDA-Assisted Programs''
and adding, in their place, the words ``Federal Financial Assistance
From USDA'';
b. In the introductory text, by removing the word ``Programs'' and
adding, in its place, the words ``The types of Federal financial
assistance''; and by removing the words ``in which Federal financial
assistance is rendered''; and
c. In the chart, by removing the column heading ``Program'' and
adding, in its place, the column heading ``Type of Federal Financial
Assistance''.
[[Page 76467]]
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column, and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
15.1(b)(3)........................... under any such program
15.2(e).............................. for any program,
15.2(e).............................. under any such program
15.2(f).............................. for the purpose of carrying out a program
15.3(b)(3)........................... activities or programs programs or activities
15.3(d), introductory text, first programs and activities types of Federal financial
sentence. assistance
15.3(d), introductory text, third program type of Federal financial
sentence. asistance
15.3(d), introductory text, third it a program
sentence.
15.3(d), introductory text, last listed program listed type of Federal
sentence. financial assistance
15.3(d)(1)(ii)....................... activity of activity funded by
15.3(d)(3)(i)........................ direct distribution program Direct Distribution
Program
15.3(d)(3)(iii)...................... program Program
15.3(d)(4)(i)........................ program Program
15.3(d)(4)(ii)....................... program Program
15.3(d)(5)(i)........................ program Program
15.3(d)(6)(i)........................ program Program
15.3(d)(6)(iv)....................... program Program
15.3(d)(7)(v)........................ price support program Price Support Program
15.3(d)(10)(ii)...................... cooperative research program Cooperative Research
Program
15.4(a)(1), first sentence........... to carry out a program .............................
15.4(a)(1), first sentence........... except a program except an application
15.4(b).............................. to carry out its program for or activity
involving
15.5(a), second sentence............. programs Federal financial assistance
15.5(a), second sentence............. program
15.5(b), second sentence............. of any program under in
15.5(d).............................. program under program for
15.9(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
15.10(f)............................. under the program involved to which this regulation
applies
15.10(f)............................. assistance will assistance to which this
regulation applies will
15.10(f)............................. under such program
15.12(a), introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
PART 15--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 15b is revised to read as set forth above.
8. The authority citation for part 15b continues to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 15b.3 is amended by revising paragraph (p) and adding a
new paragraph (s) to read as follows:
Sec. 15b.3 Definitions.
* * * * *
(p) For purposes of Sec. 15b.18(d), Historic Preservation Programs
are those that receive Federal financial assistance that has
preservation of historic properties as a primary purpose.
* * * * *
(s) Program or activity means all of the operations of any entity
described in paragraphs (s)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or (ii) The entity
of such State or local government that distributes such assistance and
each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of
assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (s)(1), (2), or (3) of this section.
Sec. 15b.4 [Amended]
10. In Sec. 15b.4, the heading of paragraph (c) is amended by
removing the word ``Programs'' and adding, in its place, the words
``Aid, benefits, or services''.
11. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
* * * * *
12. Section 15b.18 is amended by revising the heading and first
sentence of paragraph (a), the heading of paragraph (e), and the first
sentence of paragraph (e)(1) to read as follows:
Sec. 15b.18 Existing facilities.
(a) Accessibility. A recipient shall operate each assisted program
or activity so that when each part is viewed in its entirety it is
readily
[[Page 76468]]
accessible to and usable by qualified handicapped persons. * * *
* * * * *
(e) Historic Preservation Programs; application for waiver of
accessibility requirements. (1) A recipient shall operate each assisted
program or activity involving Historic Preservation Programs so that
when each part is viewed in its entirety it is readily accessible to
and usable by handicapped persons. * * *
* * * * *
Sec. 15b.27 [Amended]
13. Section 15b.27 is amended by removing from the heading of
paragraph (b) the words ``Program delivery'' and adding, in their
place, the word ``Delivery'', and by removing from the heading of
paragraph (c) the words ``Program materials'' and adding, in their
place, the word ``Materials''.
Sec. 15b.28 [Amended]
14. The heading for Sec. 15b.28 is amended by removing the word
``programs''.
15. The heading for subpart F is revised to read as follows:
Subpart F--Other Aid, Benefits, or Services
Appendix A to Part 15b [Amended]
16. Amend appendix A to part 15b as follows:
a. In the heading, by removing the words ``USDA-Assisted Programs''
and adding, in their place, the words ``Federal Financial Assistance
From USDA'';
b. In the introductory text, by removing the word ``Programs'' and
adding, in its place, the words ``The types of Federal financial
assistance''; and by removing the words ``in which Federal financial
assistance is rendered''; and
c. In the chart, by removing the column heading ``Program'' and
adding, in its place, the column heading ``Type of Federal Financial
Assistance''.
17. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
15b.2, first sentence................ programs and activities programs or activities
15b.2, last sentence................. tailored to specific programs more specifically
tailored
15b.4(b)(1)(v)....................... program program or activity
15b.4(b)(3).......................... programs or activities aid, benefits, or services
15b.4(b)(4)(ii)...................... program program or activity
15b.4(b)(5)(i)....................... or benefits from
15b.4(b)(6).......................... or benefiting from
15b.4(c)............................. the benefits of a program aid, benefits, or services
15b.4(c)............................. from a program from aid, benefits, or
services
15b.5(a), first sentence............. for a program or activity
15b.5(a), first sentence............. the program will the program or activity will
15b.7(a), second sentence............ programs and activities programs or activities
15b.8(a)(3)(i)....................... program program or activity
15b.8(a)(3)(ii)...................... program program or activity
15b.8(a)(3)(iii)..................... program program or activity
15b.10............................... programs programs or activities
15b.11............................... programs and activities programs or activities
15b.12(a)(3), last sentence.......... apprenticeship programs apprenticeships
15b.12(b)(8)......................... social those that are social
15b.12(b)(8)......................... programs
15b.13(a)............................ program program or activity
15b.13(c), introductory text......... programs programs or activities
15b.13(c)(1)......................... program program or activity
15b.16............................... programs and activities programs or activities
15b.18(b), last sentence............. offer programs and activities to serve
15b.18(b), last sentence............. to obtain the full benefits of the program
15b.18(d)............................ program accessibility accessibility
15b.18(d)............................ the program the program or activity
15b.18(e)(1), introductory text, last program
sentence.
15b.18(e)(1)(iv), first sentence..... program
15b.18(e)(1)(iv), first sentence..... historic preservation program Historic Preservation
Program
15b.18(e)(1)(iv), last sentence...... program accessibility accessibility
15b.18(e)(2), introductory text, program
first sentence.
15b.18(e)(2), introductory text, last program
sentence.
15b.18(e)(2)(iii).................... program program or activity
15b.18(g)(3)......................... program accessibility accessibility under paragraph
(a) of this section
15b.20............................... programs and activities programs or activities
15b.21, introductory text............ program program or activity
15b.22(a)............................ program program or activity
15b.22(b)(2)......................... individualized education program Individualized
Education
Program
15b.22(b)(3), first sentence......... in
15b.22(b)(3), first sentence......... to a program for aid, benefits, or
services
15b.22(b)(3), first sentence......... the one those
15b.22(b)(3), first sentence......... operates operates or provides
15b.22(c)(1), second sentence........ to a program for aid, benefits, or
services
15b.22(c)(1), second sentence........ operated operated or provided
15b.22(c)(1), second sentence........ the program aid, benefits, or services
15b.22(c)(2)......................... person in person
15b.22(c)(2)......................... to a program for aid, benefits, or
services
15b.22(c)(2)......................... not operated not operated or provided
15b.22(c)(2)......................... the program aid, benefits, or services
[[Page 76469]]
15b.22(c)(3)......................... placement in
15b.22(c)(3)......................... program placement
15b.22(c)(4), last sentence.......... such a program a free appropriate education
15b.24(a)............................ program shall program or activity shall
15b.24(a)............................ a regular or special education program regular or
special education
15b.25, first sentence............... operates a provides
15b.25, first sentence............... education program education
15b.26(c)(1), first sentence......... programs and activities aid, benefits, or services
15b.26(c)(1), last sentence.......... in these activities
15b.27(a), first sentence............ operates an provides
15b.27(a), first sentence............ program or activity receiving assistance
from this Department
15b.27(a), first sentence............ from the program or activity
15b.27(a), last sentence............. under the program or activity
15b.27(b)(1), first sentence......... program services aid, benefits, or services
15b.27(b)(2), first sentence......... program services aid, benefits, or services
15b.27(b)(2), second sentence........ program benefits aid, benefits, or services
15b.27(b)(3), first sentence......... program services aid, benefits, or services
15b.27(b)(3), second sentence........ program benefits aid, benefits, or services
15b.27(c), first sentence............ program
15b.28(a), first sentence............ operates a provides
15b.28(a), first sentence............ program receiving assistance from this
Department
15b.28(a), first sentence............ from such program
15b.29............................... programs and activities programs or activities
15b.31(a)............................ program or activity aid, benefits, or services
15b.31(d)............................ programs and activities programs or activities
15b.32(a), second sentence........... program or
15b.32(c)............................ in its program
15b.32(d)(1)......................... under the education program or activity
operated by the recipient
15b.35(a)(1), first sentence......... programs and activities aid, benefits, or services
15b.36............................... programs and activities aid, benefits, or services
15b.39, first sentence............... activity for activity that provides aid,
benefits, or services for
15b.39, first sentence............... program, or activity program or activity
15b.40(a), first sentence............ operate provide
15b.40(a), first sentence............ service programs assisted by this services
Department
15b.41(a)............................ a multi-family rental housing program multi-family
rental housing
15b.41(b)(2)......................... program
15b.41(c), first sentence............ program
15b.41(c), last sentence............. program
----------------------------------------------------------------------------------------------------------------
Dated: November 9, 2000.
Peter G. Parham,
Acting Director, Office of Civil Rights, Department of Agriculture.
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
RIN 3130-AG65
Authority and Issuance
For the reasons set forth in the joint preamble, NRC proposes to
amend 10 CFR chapter I, part 4 as set forth below:
PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE
COMMISSION
1. The heading for part 4 is revised as set forth above.
2. The authority citation for part 4 is revised to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);
sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88
Stat. 1242, as amended (42 U.S.C. 5841).
Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78
Stat. 252, 253 (42 U.S.C. 2000d--2000d-7); sec. 401, 88 Stat. 1254
(42 U.S.C. 5891).
Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat.
394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29
U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C.
706(6)).
Subpart C also issued under Title III of Pub. L. 94-135, 89
Stat. 728, as amended (42 U.S.C. 6101).
Subpart E also issued under 29 U.S.C. 794.
3. Section 4.4 is amended by revising paragraph (g) to read as
follows:
Sec. 4.4 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university or other postsecondary institution, or
a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private
[[Page 76470]]
organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
4. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.3, introductory text, second programs types of Federal financial
sentence. assistance
4.3, introductory text, third under any program or activity
sentence.
4.3, introductory text, fourth a program a type of Federal financial
sentence. assistance
4.3, introductory text, fourth the program a program or activity
sentence.
4.4(f)............................... for the purpose of carrying out a program
4.4(h)............................... for any program,
4.4(h)............................... under any such program
----------------------------------------------------------------------------------------------------------------
Subpart A--Regulations Implementing Title VI of the Civil Rights
Act of 1964 and Title IV of the Energy Reorganization Act of 1974
5. The heading of Sec. 4.22 is revised to read as follows:
Sec. 4.22 Continuing Federal financial assistance.
* * * * *
6. Section 4.24 is amended by revising paragraph (b) to read as
follows:
Sec. 4.24 Assurances from institutions.
* * * * *
(b) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of individuals as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such individuals, shall be applicable to
the entire institution.
7. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.12(a), introductory text.......... under any program
4.13(a), first sentence.............. a program of the
4.13(a), first sentence.............. assistance assistance to a program
4.13(a), second sentence............. such programs such Federal financial
assistance
4.13(a), second sentence............. fellowship programs fellowships
4.21(a), first sentence.............. under a program
4.21(a), first sentence.............. except a program except an application
4.21(a), fifth sentence.............. for each program
4.21(a), fifth sentence.............. in the program
4.21(b), third sentence.............. program statute
4.22................................. to carry out a program involving for
4.32(b).............................. of any program under in
4.34................................. program under which program for which
4.51(a)(4)........................... , under the program involved
4.64, first sentence................. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
4.64, last sentence.................. programs subject to this subpart are this regulation
is
4.74, first sentence................. under the program involved to which this regulation
applies
4.74, first sentence................. assistance will assistance to which this
regulation applies will
4.74, first sentence................. under such program
4.91, introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
Subpart B--Regulations Implementing Section 504 of the
Rehabilitation Act of 1973, as Amended
8. The heading of Sec. 4.126 is revised to read as follows:
Sec. 4.126 General requirement concerning accessibility.
* * * * *
9. Section 4.127 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 4.127 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity so that when each part is viewed in its entirety it is readily
accessible to and usable by handicapped persons. * * *
* * * * *
10. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.121(a)............................. or benefits from
[[Page 76471]]
4.121(b)(1)(v)....................... program program or activity
4.121(b)(2).......................... programs or activities aid, benefits, or services
4.121(b)(3)(ii)...................... program program or activity
4.121(b)(4)(i)....................... or benefits from
4.121(c)............................. the benefits of program aaid, benefits, or services
4.121(c)............................. a program aid, benefits, or services
4.121(d)............................. programs and activities programs or activities
4.122(a)............................. or benefits from
4.122(c)(8).......................... social those that are social
4.122(c)(8).......................... programs
4.122(d), last sentence.............. apprenticeship programs apprenticeships
4.123(a)............................. program program or activity
4.123(c), introductory text.......... program program or activity
4.123(c)(1).......................... program program or activity
4.126................................ or benefits from
4.127(b), last sentence.............. offer programs and activities to serve
4.127(d)(3).......................... program accessibility accessibility under paragraph
(a) of this section
4.231(a), first sentence............. for a program or activity
4.231(a), first sentence............. the program the program or activity
4.231(c)(3)(i)....................... program program or activity
4.231(c)(3)(ii)...................... program program or activity
4.232(a), second sentence............ programs and activities programs or activities
----------------------------------------------------------------------------------------------------------------
Subpart C--Regulations Implementing the Age Discrimination Act of
1975, as Amended
11. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.313, introductory text, first program of activity program or activity
sentence.
4.321, first sentence................ programs and activities programs or activities
4.321, second sentence............... programs and activities programs or activities
4.334(a)(2), last sentence........... program
4.336(c)(2), first sentence.......... Federal
4.338(c)............................. program program or activity
4.339(b)(2).......................... program or activity Federal financial assistance
4.341(b)............................. programs programs or activities
4.341(c)............................. programs programs or activities
4.341(d)............................. programs programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: August 25, 2000.
William D. Travers,
Executive Director for Operations, Nuclear Regulatory Commission.
DEPARTMENT OF ENERGY
10 CFR Chapter X
RIN 1901-AA86
Authority and Issuance
For the reasons set forth in the joint preamble, DOE proposes to
amend 10 CFR chapter X, part 1040 as set forth below:
PART 1040--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES
1. The heading for part 1040 is revised to read as set forth above.
2. The authority citation for part 1040 is revised to read as
follows:
Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d
to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.
Subpart A--General Provisions
3. Section 1040.3 is amended by revising paragraph (u) to read as
follows:
Sec. 1040.3 Definitions--General.
* * * * *
(u) Program or activity and program mean all of the operations of
any entity described in paragraphs (u)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education,
[[Page 76472]]
health care, housing, social services, or parks and recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (u)(1), (2), or (3) of this section.
* * * * *
4. Section 1040.4 is amended by revising paragraph (d) and the
heading of paragraph (f) to read as follows:
Sec. 1040.4 Assurances required and preaward review.
* * * * *
(d) Assurances from government agencies. In the case of any
application from any department, agency or office of any State or local
government for Federal financial assistance for any specified purpose,
the assurance required by this section is to extend to any other
department, agency, or office of the same governmental unit.
* * * * *
(f) Continuing Federal financial assistance. * * *
* * * * *
5. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.1, first sentence............... the program or activity the Federal financial
assistance
1040.1, first sentence............... program services services
1040.2(a), second sentence........... Programs Types of Federal financial
assistance
1040.2(a), fourth sentence........... under any program or activity
1040.2(a), last sentence............. a program a type of Federal financial
assistance
1040.2(a), last sentence............. the program that a program or activity
1040.3(a)............................ program aid, benefit, service
1040.3(t)............................ for the purpose of carrying out a program
1040.4(a), first sentence............ for a program or activity
1040.4(f), introductory text......... administering a program which receives applying for
1040.4(f)(1)......................... program program or activity
1040.5(b), first sentence............ or programs or activity
1040.5(b), second sentence........... programs programs or activities
1040.5(b), last sentence............. broadcast program broadcast
1040.5(b), last sentence............. the program the program or activity
1040.5(b), last sentence............. opportunity program opportunity program or
activity
1040.5(c), first sentence............ program program or activity
1040.6(a) second sentence............ programs and activities programs or activities
1040.7(b)............................ a program that will to
----------------------------------------------------------------------------------------------------------------
Subpart B--Title VI of the Civil Rights Act of 1964; Section 16 of
the Federal Energy Administration Act of 1974, as Amended; and
Section 401 of the Energy Reorganization Act of 1974
6. Section 1040.13 is amended by revising paragraph (e) to read as
follows:
Sec. 1040.13 Discrimination prohibited.
* * * * *
(e) For the purpose of this section, the disposition, services,
financial aid, or benefits provided under a program receiving Federal
financial assistance include all portions of the recipient's program or
activity, including facilities, equipment, or property provided with
the aid of Federal financial assistance.
* * * * *
7. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.11(b), first sentence........... administering, administering or
1040.11(b), first sentence........... or substantially benefiting from
1040.12(b), first sentence........... programs and activities programs or activities
1040.13(b), introductory text........ under any program
1040.13(c)........................... program objectives objectives of the program
1040.13(g), first sentence........... from programs from benefits
1040.13(g), last sentence............ the benefits of a program benefits
1040.13(g), last sentence............ programs funded Federal financial assistance
provided
1040.14(a)(1), introductory text, mobility programs mobility projects
first sentence.
----------------------------------------------------------------------------------------------------------------
Subpart D--Nondiscrimination on the Basis of Handicap--Section 504
of the Rehabilitation Act of 1973, as Amended
Sec. 1040.63 [Amended]
8. In Sec. 1040.63, the heading of paragraph (c) is amended by
removing the word ``Programs,'' and adding, in its place, the words
``Aid, benefits, or services''.
Sec. 1040.71 [Amended]
9. The undesignated center heading immediately preceding
Sec. 1040.71 is amended by removing the word ``Program''.
10. Section 1040.72 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 1040.72 Existing facilities.
(a) Accessibility. A recipient shall operate any program or
activity to which this subpart applies so that when each part is viewed
in its entirety it is readily accessible and usable by handicapped
persons. * * *
* * * * *
11. Section 1040.74 is amended by revising the section heading, the
heading and first sentence of paragraph
[[Page 76473]]
(a), and the headings of paragraphs (a)(1), (a)(2), and (a)(3) to read
as follows:
Sec. 1040.74 Accessibility in historic properties.
(a) Methods to accomplish accessibility. Recipients shall operate
each program or activity involving historic properties so that when
each part is viewed in its entirety it is readily accessible to and
usable by handicapped persons. * * *
(1) Methods to accomplish accessibility without building
alterations or structural changes. * * *
(2) Methods to accomplish accessibility resulting in building
alterations. * * *
(3) Methods to accomplish accessibility resulting in structural
changes. * * *
* * * * *
12. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.61(b)........................... or benefits from
1040.63(a)........................... or benefits from
1040.63(b)(1)(v)..................... program program or activity
1040.63(b)(3)........................ program or activities aid, benefits, or services
1040.63(b)(4)(ii).................... program program or activity
1040.63(b)(6)........................ or benefiting from
1040.63(c)........................... the benefits of a program aid, benefits, or services
1040.63(c)........................... from a program from aid, benefits, or
services
1040.63(d)........................... programs of activities programs or activities
1040.64(c), first sentence........... under any program to which under any program or
activity
to which
1040.64(c), first sentence........... assistance under any program for assistance for
1040.66(a)(3), last sentence......... apprenticeship programs apprenticeships
1040.66(b)(8)........................ social those that are social
1040.66(b)(8)........................ programs
1040.67(a)........................... program program or activity
1040.67(c), introductory text........ program program or activity
1040.67(c)(1)........................ program program or activity
1040.72(b), last sentence............ offer programs and activities to serve
1040.72(d)(3)........................ program accessibility accessibility under Sec.
1040.72(a)
1040.74(a), introductory text, second program
sentence.
1040.74(a), introductory text, last program
sentence.
1040.74(a)(1)(i)..................... programs aid, benefits, or services
1040.74(a)(1)(iii)................... programs or activities aid, benefits, or services
1040.74(a)(1)(iv).................... programs aid, benefits, or services
1040.74(a)(2), first sentence........ program
1040.74(a)(2), first sentence........ Program
1040.74(a)(3), first sentence........ program
1040.74(a)(3), first sentence........ Program
----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age--Age
Discrimination Act of 1975, as Amended
13. The authority citation for subpart E is revised to read as
follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 et seq.); 45 CFR part 90.
Appendix A to Subpart E to Part 1040 [Amended]
14. Appendix A to subpart E to part 1040 is amended by removing the
words ``or program'' from the sixth column heading.
15. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.81, last sentence............... programs and activities programs or activities
1040.82(a)........................... or benefits from
1040.83(i)........................... programs and activities programs or activities
1040.88(a)........................... Office of Equal Opportunity (OEO) Office of Civil
Rights and
Diversity
1040.88(c)........................... program program or activity
1040.89-1, first sentence............ program and activities programs or activities
1040.89-5(a), third sentence......... Office of Equal Opportunity (OEO) Office of Civil
Rights and
Diversity
1040.89-5(a), last sentence.......... OEO Office of Civil Rights and
Diversity
1040.89-5(b), introductory text...... OEO Office of Civil Rights and
Diversity
1040.89-5(c), first sentence......... OEO Office of Civil Rights and
Diversity
1040.89-6(b), second sentence........ OEO Office of Civil Rights and
Diversity
1040.89-6(c), second sentence........ OEO Office of Civil Rights and
Diversity
1040.89-6(e)......................... OEO Office of Civil Rights and
Diversity
1040.89-7(a)(1)...................... OEO Office of Civil Rights and
Diversity
1040.89-7(a)(3)...................... OEO Office of Civil Rights and
Diversity
1040.89-7(b), first sentence......... OEO Office of Civil Rights and
Diversity
1040.89-9(a), introductory text...... Programs Programs or Activities
1040.89-9(a)(1), first sentence...... under the program or or activity involved for a
program activity in
where which
1040.89-9(c)(1)...................... OEO Office of Civil Rights and
Diversity
[[Page 76474]]
1040.89-9(c)(2), first sentence...... Federal
1040.89-11........................... OEO Office of Civil Rights and
Diversity
1040.89-12(b)(2)..................... program or activity Federal financial assistance
1040.89-13(b), introductory text..... OEO Office of Civil Rights and
Diversity
----------------------------------------------------------------------------------------------------------------
Dated: October 4, 2000.
T.J. Glauthier,
Deputy Secretary, Department of Energy.
SMALL BUSINESS ADMINISTRATION
13 CFR Chapter I
RIN 3245-AE58
Authority and Issuance
For the reasons set forth in the joint preamble, SBA proposes to
amend 13 CFR chapter I, parts 112 and 117 as set forth below:
PART 112--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF SBA--
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 112 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1).
2. Section 112.2 is amended by adding paragraph (e) to read as
follows:
Sec. 112.2 Application of this part.
* * * * *
(e) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (e)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1),(2), or (3) of this section.
Appendix A to Part 112 [Amended]
3. The chart in appendix A to part 112 is amended by removing the
heading ``Name of program'' and adding, in its place, the heading
``Name of Federal financial assistance'; by removing the heading
``Financial Programs'' and adding, in its place, the heading ``Federal
Financial Assistance Involving Grants of Funds''; and by removing the
heading ``Nonfinancial Programs'' and adding, in its place, the heading
``Other Federal Financial Assistance''.
4. The note immediately following appendix A to part 112 is amended
by removing the word ``programs'' and adding, in its place, the words
``types of Federal financial assistance''.
5. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
112.2(a)............................. assistance under programs Federal financial
assistance
112.3(b)(3), first sentence.......... the program a program
112.8, last sentence................. for each program
112.8, last sentence................. in the program
----------------------------------------------------------------------------------------------------------------
PART 117--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES OF SBA--EFFECTUATION OF THE AGE DISCRIMINATION ACT OF
1975, AS AMENDED
6. The heading for part 117 is revised to read as set forth above.
7. The authority citation for part 117 continues to read as
follows:
Authority: Age Discrimination Act of 1975, 42 U.S.C. 6101 et
seq.
8. Section 117.2 is amended by revising paragraph (a) to read as
follows:
Sec. 117.2 Application of this part.
(a) This part applies to all recipients of Federal financial
assistance administered by the Small Business Administration, whether
or not the specific type of Federal financial assistance administered
is listed in appendix A.
* * * * *
9. Section 117.3 is amended by redesignating paragraphs (j) through
(m) as paragraphs (k) through (n), and adding a new paragraph (j) to
read as follows:
Sec. 117.3 Definitions.
* * * * *
(j) The term program or activity means all of the operations of any
entity described in paragraphs (j)(1) through (4) of this section, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
[[Page 76475]]
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (j)(1), (2), or (3) of this section.
* * * * *
Appendix A to Part 117 [Amended]
10. The chart in appendix A to part 117 is amended by removing the
words ``Name of program'' and adding, in their place, the words ``Type
of Federal financial assistance''.
11. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
117.1................................ programs programs or activities
117.3(j), first sentence............. under any program
117.4(b)(2).......................... programs programs or activities
117.5(b), first sentence............. in a program
117.6(b)............................. business or program program or activity
117.6(c)............................. program program or activity
117.7, first sentence................ under any program
117.7, last sentence................. for each program,
117.7, last sentence................. in the program
117.8(a), first sentence............. programs and activities programs or activities
117.8(c)............................. its program beneficiaries the beneficiaries of its
programs or activities
117.15(a)(3), first sentence......... program
117.17(f)............................ under the programs involved to which this regulation
applies
117.17(f)............................ assistance will assistance to which this
regulation applies will
117.17(f)............................ under such program
117.19(a)(9)......................... program program or activity
117.20, first sentence............... programs programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: August 23, 2000.
Fred P. Hochberg,
Acting Administrator, Small Business Administration.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR CHAPTER V
RIN 2700-AC41
Authority and Issuance
For the reasons set forth in the joint preamble, NASA proposes to
amend 14 CFR chapter V, parts 1250, 1251, and 1252 as set forth below:
PART 1250--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF
NASA--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 1250 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d-1 and the
laws listed in appendix A to this part.
2. Section 1250.102 is amended by revising paragraph (h) to read as
follows:
Sec. 1250.102 Definitions.
* * * * *
(h) Program or activity and program mean all of the operations of
any entity described in paragraphs (h)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 8801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
3. Section 1250.103-4 is amended by revising paragraph (b) to read
as follows:
Sec. 1250.103-4 Illustrative applications.
* * * * *
* * * * *
(b) In a research or training grant to a university for activities
to be conducted in a graduate school, discrimination in the admission
and treatment of students in the graduate school is prohibited and the
prohibition extends to the entire university.
* * * * *
4. Section 1250.103-5 is amended by revising the heading to read as
follows:
[[Page 76476]]
Sec. 1250.103-5 Special benefits.
* * * * *
5-6. Section 1250.104 is amended by revising paragraph (c)(2) and
by removing paragraph (d)(2) and the paragraph designation (d)(1), to
read as follows:
Sec. 1250.104 Assurances.
* * * * *
(c) * * *
(2) The assurances from such an applicant shall be applicable to
the entire organization of the applicant.
* * * * *
7. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1250.101(a)(1), first sentence....... federally-assisted programs and activities types of
Federal financial
assistance
1250.101(a)(1), second sentence...... program or activity type of Federal assistance
1250.101(a)(1), second sentence...... such program a program
1250.101(a)(1), last sentence........ programs types of Federal financial
assistance
1250.101(a)(2)....................... under any such program
1250.101(b)(2)....................... extended under any such program extended
1250.101(b)(3)....................... beneficiary under any such program beneficiary
1250.101(b)(5)....................... programs types of Federal financial
assistance
1250.101(b)(6)....................... programs types of Federal financial
assistance
1250.102(f).......................... for the purpose of carrying out a program
1250.102(i).......................... for any program
1250.102(i).......................... under any such program
1250.103-2(a), introductory text..... under any program
1250.103-3(b)........................ programs types of Federal financial
assistance
1250.103-4(a)........................ programs services
1250.103-5........................... the benefits of a program benefits
1250.104(a), first sentence.......... to carry out a program
1250.104(e), second sentence......... under a program of with
1250.104(e), last sentence........... program statute
1250.105(b), last sentence........... of any program under in
1250.105(d).......................... program under program for
1250.108(e), first sentence.......... programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1250.109(f).......................... under the program involved to which this regulation
applies
1250.109(f).......................... assistance will assistance to which this
regulation applies will
1250.109(f).......................... under such program
1250.111(a), first sentence.......... under such program
----------------------------------------------------------------------------------------------------------------
PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP
8. The authority citation for part 1251 continues to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 1251.102 is amended by adding paragraph (k) to read as
follows:
Sec. 1251.102 Definitions.
* * * * *
(k) Program or activity means all of the operations of any entity
described in paragraphs (k)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 8801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
Sec. 1251.103 [Amended]
10. In Sec. 1251.103, the heading of paragraph (c) is amended by
removing the word ``Programs'' and adding, in its place, the words
``Aid, benefits, or services''.
11. The heading of subpart 1251.3 of part 1251 is revised to read
as follows:
Subpart 1251.3--Accessibility
12. In Sec. 1251.301, the heading and first sentence of paragraph
(a) are revised to read as follows:
Sec. 1251.301 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which his part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
13. In the table below, for each section indicated in the left
column, remove the text shown in the middle column, and add the text
shown in the right column:
[[Page 76477]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1251.101............................. or benefits from
1251.103(a).......................... or benefits from
1251.103(b)(1)(v).................... program program or activity
1251.103(b)(3)....................... program program or activity
1251.103(b)(3)....................... or benefiting from
1251.103(b)(4)....................... programs or activities aid, benefits, or services
1251.103(b)(5)(ii)................... program program or activity
1251.103(b)(6)(i).................... or benefits from
1251.103(b)(7)....................... or benefiting from
1251.103(c).......................... the benefits of a program aid, benefits, or services
1251.103(c).......................... from a program from aid, benefits, or
services
1251.104(a), first sentence.......... for a program activity
1251.104(a), first sentence.......... the program the program or activity
1251.105(a)(3)(i).................... program program or activity
1251.105(a)(3)(ii)................... program program or activity
1251.105(a)(3)(iii).................. program program or activity
1251.107(a), second sentence......... programs and activities programs or activities
1251.200(a)(2)....................... programs programs or activities
1251.200(a)(4), last sentence........ apprenticeship programs apprenticeships
1251.200(b)(8)....................... social those that are social
1251.200(b)(8)....................... programs
1251.200(d), last sentence........... apprenticeship programs apprenticeships
1251.201(a).......................... program program or activity
1251.201(c), introductory text....... program program or activity
1251.201(c)(1)....................... program program or activity
1251.301(b), last sentence........... offer programs and activities to serve
1251.301(d)(3)....................... program accessibility accessibility under paragraph
(a) of this section
----------------------------------------------------------------------------------------------------------------
PART 1252--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
14. The heading for part 1252 is revised to read as set forth
above.
15. The authority citation for part 1252 continues to read as
follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq. (45 CFR part 90).
16. Section 1252.102 is amended by revising the heading to read as
follows:
Sec. 1252.102 To what programs or activities do these regulations
apply?
* * * * *
17. Section 1252.103 is amended by adding paragraph (n) to read as
follows:
Sec. 1252.103 Definitions.
* * * * *
(n) Program or activity means all of the operations of any entity
described in paragraphs (n)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 8801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (n)(1), (2), or (3) of this section.
18. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1252.100, last sentence.............. programs and activities programs or activities
1252.102(a).......................... or benefits from
1252.203............................. program program or activity
1252.300............................. programs and activities programs or activities
1252.403(a)(2), last sentence........ program
1252.405(b), first sentence.......... program activity program or activity
1252.405(c)(2), first sentence....... Federal
1252.409(b)(2)....................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 76478]]
Dated: September 11, 2000.
Daniel S. Goldin,
Administrator, National Aeronautics and Space Administration.
DEPARTMENT OF COMMERCE
15 CFR Subtitle A
RIN 0690-AA30
Authority and Issuance
For the reasons set forth in the joint preamble, DOC proposes to
amend 15 CFR subtitle A, parts 8, 8b, and 20 as set forth below:
PART 8--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF COMMERCE--EFFECTUATION OF TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
1. The authority citation for part 8 continues to read as follows:
Authority: Sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d-
1).
2. Section 8.3 is amended by revising paragraph (g) to read as
follows:
Sec. 8.3 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
3. Section 8.5 is amended by revising paragraph (b)(10) to read as
follows:
Sec. 8.5 Nondiscrimination clause.
* * * * *
(b) * * *
(10) In the case where any assurances are required from an
academic, a medical care, detention or correctional, or any other
institution or facility, insofar as the assurances relate to the
institution's practices with respect to the admission, care, or other
treatment of persons by the institution or with respect to the
opportunity of persons to participate in the receiving or providing of
services, treatment, or benefits, such assurances shall be applicable
to the entire institution or facility.
* * * * *
4. Section 8.6 is amended by revising the heading of paragraph (a)
to read as follows:
Sec. 8.6 Applicability of this part to Department assisted programs.
* * * * *
(a) Assistance to support economic development. * * *
* * * * *
Appendix A to Part 8 [Amended]
5. The heading for appendix A to part 8 is amended by removing the
word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
8.2(a), first sentence............... federally assisted programs types of Federal
financial
assistance
8.2(a), last sentence................ under any such program
8.2(b)(2)............................ under any such program
8.2(b), second sentence.............. a program a type of Federal financial
assistance
8.2(b), second sentnece.............. such program a program
8.2(b), last sentence................ programs types of Federal financial
assistance
8.3(i), first sentence............... for or in connection with any program
8.3(i), last sentence................ under any program
8.3(j)............................... for the purpose of carrying out a program
8.4(b)(1), introductory text......... under any program to which this part
applies
8.4(b)(1)(vii)....................... where a program is applicable thereto
8.4(b)(2)............................ under any program
8.4(b)(2)............................ such program, or the class of persons to program, or
the class of
whom persons to whom
8.4(c)(1), third sentence............ program plan
8.5(a), first sentence............... to carry out a program
8.5(b)(3)............................ That in a program involving When
8.5(b)(3)............................ assistance, assistance is involved,
8.5(b)(5), third sentence............ program statute
8.6, introductory text, second program type of Federal financial
sentence. assistance
8.6(b), second sentence.............. student training programs instances of student
training
8.7(b), last sentence................ of any program under in
8.7(d)............................... program under which program for which
8.12(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
8.13(f).............................. under the program involved to which this regulation
applies
8.13(f).............................. assistance will assistance to which this
regulation applies will
[[Page 76479]]
8.13(f).............................. under such program
8.15(a), introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
PART 8b--PROHIBITION OF DISCRIMINATION AGAINST THE HANDICAPPED IN
FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF THE DEPARTMENT OF
COMMERCE
7. The heading for part 8b is revised to read as set forth above.
8. The authority citation for part 8b is revised to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 8b.3 is amended by redesignating paragraphs (h) through
(l) as paragraphs (i) through (m), respectively; and adding a new
paragraph (h) to read as follows:
Sec. 8b.3 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
10. Section 8b.4 is amended by revising the heading of paragraph
(c) to read as follows:
Sec. 8b.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
Subpart C of 8b [Amended]
11. The heading for subpart C of part 8b is amended by removing the
word ``Program.''
12. Section 8b.17 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 8b.17 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to qualified handicapped
individuals. * * *
* * * * *
12. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
8b.1, first sentence................. or benefiting from
8b.1, last sentence.................. programs and activities programs or activities
8b.1, last sentence.................. or benefiting from
8b.2, first sentence................. program program or activity
8b.2, first sentence................. or benefiting from
8b.2, last sentence.................. program program or activity
8b.4(a).............................. or benefits from
8b.4(b)(1)(v)........................ program program or activity
8b.4(b)(3)........................... programs or activities aid, benefits, or services
8b.4(b)(4)(ii)....................... program program or activity
8b.4(b)(5)(i)........................ or benefits from
8b.4(b)(6)........................... or benefiting from
8b.4(b)(7)(i)........................ under programs of Federal financial
assistance
8b.4(c).............................. the benefits of a program aid, benefits, or services
8b.4(c).............................. from a program from aid, benefits, or
services
8b.4(d).............................. programs and activities programs or activities
8b.5(a), first sentence.............. for a program or activity
8b.5(a), first sentence.............. the program the program or activity
8b.5(b)(3)........................... program program or activity
8b.5(d).............................. a program the objectives of Federal
financial assistance
8b.5(d).............................. programs and activities programs or activities
8b.6(a)(3)(i)........................ program program or activity
8b.6(a)(3)(ii)....................... program program or activity
8b.8(a), second sentence............. programs and activities programs or activities
8b.10(a)............................. programs programs or activities
8b.11(a)(1).......................... or benefits from
8b.11(a)(3), last sentence........... apprenticeship programs apprenticeships
8b.12(a)............................. program program or activity
[[Page 76480]]
8b.12(b)(1).......................... program program or activity
8b.12(c), introductory text.......... program program or activity
8b.12(c)(1).......................... program program or activity
8b.12(e)............................. program program or activity
8b.17(a), third sentence............. program aid, benefit, or service
8b.17(a), last sentence.............. Program accessibility Accessibility< |