[Federal Register: August 26, 2003 (Volume 68, Number 165)]
[Rules and Regulations]
[Page 51333-51391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au03-17]
[[Page 51333]]
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Part II
Nondiscrimination on the Basis of Race, Color, National Origin,
Handicap, or Age in Programs or Activities Receiving Federal Financial
Assistance; Final 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
Department of Homeland Security
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
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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-AE59
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
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 7
RIN 1660-AA12
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, Emergency Preparedness and Response Directorate,
Department of Homeland Security; 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 final rule.
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SUMMARY: The Agencies 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. These
amendments incorporate the CRRA's definitions of ``program or
activity'' and ``program'' into Title VI, section 504,
[[Page 51335]]
and Age Discrimination Act regulations of the Agencies, and promote
consistent and adequate enforcement of these statutes by the
Agencies.\1\
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\1\ Since the publication of the Notice of Proposed Rulemaking
(NPRM), the Federal Emergency Management Agency (FEMA) has become a
component of the Department of Homeland Security (DHS). DHS
published its Interim Final Rules for Title VI, Section 504, and
Title IX of the Education Amendments of 1972 in the Federal Register
on March 6, 2003. 68 FR 10904 (to be codified at 6 CFR part 21).
Those rules reflect the Civil Rights Restoration Act's broadened
definitions of ``program'' ``Program or activity.'' FEMA is
continuing as part of this rulemaking because the DHS regulations
provide that ``[t]he provisions published by this part shall be
effective for all components of the Department, including all
Department components that are transferred to the Department, except
to the extent that a Department component already has existing title
VI regulations.'' 6 CFR 21.1. Similar language is included in DHS'
Title XI and section 504 regulations.
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DATES: Effective September 25, 2003.
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:
Overview
On December 6, 2000, the Agencies published a notice of proposed
rulemaking (NPRM) in the Federal Register (65 FR 76460) proposing to
amend the regulations governing nondiscrimination on the basis of race,
color, national origin, handicap, and age to conform with the Civil
Rights Restoration Act of 1987, Pub. L. 100-259 (``CRRA'').
The Agencies are amending their civil rights regulations to conform
to provisions of the CRRA 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 conforming change amends 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. These amendments also conform 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 FR
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. See 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.
These regulatory amendments 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
thwarts clearly expressed congressional intent by giving continued
effect to a judicial interpretation that Congress intended to override.
In any event, the regulatory changes 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
[[Page 51336]]
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 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. ED
published its NPRM on May 5, 2000, 65 FR 26464, and published its final
rule on November 13, 2000, 65 FR 68050. HHS published its NPRM on
October 26, 2000, 65 FR 64194, and plans to publish its final rule
soon. DOJ participated in and coordinated the promulgation of
amendments to 22 other agencies' Title VI, Section 504, and Age
Discrimination Act regulations. 65 FR 76460. Again, while DOJ views
these modifications to be merely technical in nature, public comments
were invited on these modifications.
These changes are summarized in the sections below.
Definition of ``Program or Activity'' and ``Program''
The statutory definition, which is now 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. In addition, ``program or activity''
or ``program'' also includes all of the operations of the entity of a
State or local government that distributes the federal assistance to
another State or local governmental agency or department and all of the
operations of the State or local governmental entity to which the
financial assistance is extended. 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 amendments 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
are amending 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 are
amending 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 regulatory changes also
modify or delete some existing sections of the Agencies' regulations
that have become superfluous or incorrect following enactment of the
CRRA. These regulatory changes do not change the requirements of the
existing regulations.
It is important to note that the changes do 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 included an assurance
requirement that has created confusion with regard to the scope of
``program or activity'' under
[[Page 51337]]
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 had assurance
provisions that were confusing in light of the CRRA because they
incorrectly stated 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,
provided in part: ``[t]he assurance * * * shall be applicable to the
entire institution unless the applicant establishes, to the
satisfaction of the responsible Department official, 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 regulatory changes 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. These changes 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 provided
illustrative examples or applications that referred to the waiver
language contained in the assurance provision. Because the waiver
language in relevant assurance provisions has been deleted, similar
language and references in illustrative applications and examples also
have been deleted. These deletions do not affect the reach of the
statutes or regulations.
Other References to ``Program'' and ``Program or Activity''
In addition, we deleted references to ``program'' and ``program or
activity'' in the regulations that did not conform to the broadened
CRRA definition of ``program'' and ``program or activity.'' For
example, in some instances, we substituted ``Federal financial
assistance'' for ``program'' or ``program or activity'' where the
phrase referred to federal financial assistance. In other instances, we
substituted the phrase ``aid, benefit, or service'' if that was the
intended meaning. We made revisions when the terms ``program'' and
``program or activity'' were used too narrowly, i.e., when they were
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 conforming changes for each agency. In some
instances, we changed the phrase ``program and activity'' to ``program
or activity'' to conform the regulations to the term as defined in the
CRRA. We did not 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.''
In promulgating its final regulations, the Department of Education
(``ED'') used the plural terms ``programs'' and ``programs or
activities'' to refer generally to multiple programs or activities
operated by multiple recipients. In all other instances, however, ED
used the singular terms ``program'' or ``program or activity.'' ED
explained that it had decided to use the singular terms in all such
instances to reflect the fact that virtually all of ED's recipients,
such as institutions of higher education, have only one ``program'' or
``program or activity'' encompassing all of the recipient's operations.
Noting that the singular also can be interpreted to encompass the
plural, ED further explained that the use of the singular was
appropriate even for those cases in which ED might fund a recipient
that operates more than one program or activity (such as when an
individual recipient corporation has multiple plants each of which is a
separate program or activity). Given the greater range of recipient
entities funded by the multiple agencies participating in this joint
final rule and the likelihood that most of these agencies fund
recipients that may operate more than one program or activity, the
participating agencies have not endeavored to make any changes to these
regulations solely related to the use of the singular or plural forms
of these terms. As such, the regulations of these agencies may differ
from ED's regulations in terms of the use of the singular or plural
form of ``program'' or ``program or activity,'' but such differences
should not be interpreted to imply any legal difference in the intended
scope of coverage.
Although we have generally deleted 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 Federal financial assistance, but we did
not 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 capitalized the word in order to
distinguish it from the term defined by the CRRA. For example, we
capitalized 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 changes include modifications to some agencies' definition of
``recipient.'' A few agencies defined this term to include an entity
that ``benefits from'' Federal financial assistance. Likewise, many
agencies' section 504 and Age Discrimination Act regulations used the
phrase ``receives or benefits from Federal financial assistance.'' The
phrase ``or benefits from'' in this context has been deleted as it is
superfluous in light of the CRRA.
Because the changes are limited to those that are related to the
CRRA definition of ``program'' and ``program or activity,'' we did not
make additional technical corrections unless the provision was already
subject to a CRRA-related change. Likewise, we did not 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 are not amending the content of the Agencies'
appendices, the headings and introductory text describing the content
are 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.
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
[[Page 51338]]
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, and its final rule on November 13,
2000, at 65 FR 68050. Among other modifications, ED's 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.
Coordination With the Department of Health and Human Services
The other agency implicated in the Cureton decision is the
Department of Health and Human Services (HHS). Like ED, HHS promulgated
its own separate NPRM, which was published on October 26, 2000 at 65 FR
64194. We coordinated with HHS, as we did with ED, to avoid any
inconsistencies between this joint rule and those agencies' separate
rules.
Differences Among Agencies
Some agencies lack regulations implementing section 504 or the Age
Discrimination Act. In accordance with the limited scope of this
regulation, we are not adding 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 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 is amending 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, is amending only 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 is amending 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.
Analysis of Comments and Changes
In the NPRM, we invited comments on the proposed regulations. We
received two comments. The first commenter wrote in support of the
NPRM, stating that Title VI, section 504, and the Age Discrimination
Act needed to be strengthened and be made uniform by adding the
definitions of ``program or activity.'' The commenter also stated that
the amendments would result in consistent and adequate enforcement of
Title VI, section 504, and the Age Discrimination Act, and commended
the Department of Justice and its ``sister Federal agencies'' for
amending the regulations.
The second commenter advanced the view that the Agencies should not
amend the regulations at this time because the commenter believed an
amendment would be untimely due to a case then-pending before the
United States Supreme Court (Alexander v. Sandoval, 532 U.S. 275
(2001)). Sandoval did not, however, address the focus of this
rulemaking--revising the regulations to conform them to the added
definition of ``program or activity'' or ``program.'' Instead, Sandoval
addressed a different issue--whether there is an implied private right
of action to enforce disparate-impact regulations promulgated under
Section 602 of Title VI and concluded that there was not such a right.
The Agencies have decided to proceed with the amendment of their
regulations because we believe it is important to conform the
regulations to the civil rights statutes as amended by the CRRA. We
are, however, mindful of the Supreme Court's statements in Sandoval
that call the validity of the Title VI disparate-impact regulations
into question.\2\
---------------------------------------------------------------------------
\2\ See Sandoval, 532 U.S. at 286 & 286 n. 6 (``[W]e assume for
purposes of this decision that Sec. 602 confers the authority to
promulgate disparate-impact regulations''; ``[w]e cannot help
observing, however, how strange it is to say that disparate-impact
regulations are `inspired by, at the service of, and inseparably
intertwined with' Sec. 601 * * * when Sec. 601 permits the very
behavior that the regulations forbid.'').
---------------------------------------------------------------------------
In addition, in consultation with the Department of Justice, the
Agencies have reviewed the regulations since publication of the NPRM
and have made minor editorial and technical changes.
Applicable Executive Orders and Regulatory Certifications
Executive Order 12067
These conforming changes have been reviewed by the Equal Employment
Opportunity Commission pursuant to Executive Order 12067.
Executive Order 12250
These 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 regulations have been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'', Section
1(b), Principles of Regulation. The Department of Justice has
determined that this rule is not a ``significant regulatory action''
under Executive Order 12866, Section 3(f), and accordingly this rule
has not been reviewed by the Office of Management and Budget. Under the
terms of the
[[Page 51339]]
order we have assessed the potential costs and benefits of this
regulatory action.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these final regulations, we have determined that
there probably will be no cost impacts because these final regulations
merely clarify longstanding policy of the Agencies and do not change
the Agencies' practices in addressing issues of discrimination.
We also have determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
We summarized the potential costs and benefits of these final
regulations in the preamble to the joint NPRM (65 FR 76460).
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 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 Mandate Reform Act of 1995, Public Law 104-4, 109
Stat. 48 (1995), 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 2 U.S.C. 1532.
These amendments make technical changes to existing regulations
that enforce statutory prohibitions on 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 Mandate 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 ederal
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 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 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 rule does not subject federal funding
recipients to new obligations. The 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.
[[Page 51340]]
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.
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 1110
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.
Adoption of Joint Rule
0
The agency adoptions of this joint rule are set forth below:
DEPARTMENT OF AGRICULTURE
7 CFR Subtitle A
RIN 0566-AB78
Authority and Issuance
0
For the reasons set forth in the joint preamble, USDA amends 7 CFR
subtitle A, parts 15 and 15b as set forth below:
PART 15--NONDISCRIMINATION
0
1. The authority citation for part 15 continues to read as follows:
Authority: 5 U.S.C. 301; 29 U.S.C. 794.
0
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 20 U.S.C. 7801),
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
[[Page 51341]]
(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.
* * * * *
0
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. * * *
0
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''.
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. assistance
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 Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
15.9(e), first sentence.............. programs
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.
----------------------------------------------------------------------------------------------------------------
[[Page 51342]]
PART 15b--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
7. The heading for part 15b is revised to read as set forth above.
0
8. The authority citation for part 15b continues to read as follows:
Authority: 29 U.S.C. 794.
0
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 20 U.S.C. 7801),
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]
0
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''.
0
11. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
0
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) introductory text 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 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]
0
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]
0
14. The heading for Sec. 15b.28 is amended by removing the word
``programs''.
0
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]
0
16. Amend appendix A to part 15b as follows:
0
a. In the heading, by removing the words ``USDA-Assisted Programs'' and
adding, in their place, the words ``Federal Financial Assistance From
USDA'';
0
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
0
c. In the chart, by removing the column heading ``Program'' and adding,
in its place, the column heading ``Type of Federal Financial
Assistance''.
0
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
[[Page 51343]]
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), last sentence...... historic preservation program Historic Preservation Program
15b.18(e)(1)(iv), first 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 ccessibility 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
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
[[Page 51344]]
15b.41(c), first sentence............ program
15b.41(c), last sentence............. program
----------------------------------------------------------------------------------------------------------------
Dated: May 1, 2001.
David Winningham,
Acting Director, Office of Civil Rights, Department of Agriculture.
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
RIN 3130-AG65
Authority and Issuance
0
For the reasons set forth in the joint preamble, NRC amends 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
0
1. The heading for part 4 is revised as set forth above.
0
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.
0
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 20 U.S.C. 7801),
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.
* * * * *
0
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
0
5. The heading of Sec. 4.22 is revised to read as follows:
Sec. 4.22 Continuing Federal financial assistance.
* * * * *
0
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.
0
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
[[Page 51345]]
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
0
8. The heading of Sec. 4.126 is revised to read as follows:
Sec. 4.126 General requirement concerning accessibility.
* * * * *
0
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. * * *
* * * * *
0
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
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 a program aid, 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
0
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
[[Page 51346]]
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: April 30, 2001.
William D. Travers,
Executive Director for Operations, Nuclear Regulatory Commission.
DEPARTMENT OF ENERGY
10 CFR Chapter X
RIN 1901-AA86
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOE amends 10 CFR
chapter X, part 1040 as set forth below:
PART 1040--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES
0
1. The heading for part 1040 is revised to read as set forth above.
0
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
0
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 20 U.S.C. 7801),
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 (u)(1), (2), or (3) of this section.
* * * * *
0
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. * * *
* * * * *
0
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
----------------------------------------------------------------------------------------------------------------
[[Page 51347]]
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
0
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.
* * * * *
0
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]
0
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''.
0
9. The undesignated center heading immediately preceding Sec. 1040.71
is amended by removing the word ``Program''.
0
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. * * *
* * * * *
0
11. Section 1040.74 is amended by revising the section heading, the
heading of paragraph (a), the first sentence of paragraph (a)
introductory text 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. * * *
* * * * *
0
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)........................ programs 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
[[Page 51348]]
1040.74(a)(3), first sentence........ Program
----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age--Age
Discrimination Act of 1975, as Amended
0
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]
0
14. Appendix A to subpart E to part 1040 is amended by removing the
words ``or program'' from the sixth column heading.
0
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 activity involved for a program activity in
where which
1040.89-9(c)(1)...................... OEO Office of Civil Rights and
Diversity
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: May 29, 2001.
Spencer Abraham,
Secretary, Department of Energy.
SMALL BUSINESS ADMINISTRATION
13 CFR Chapter I
RIN 3245-AE59
Authority and Issuance
0
For the reasons set forth in the joint preamble, SBA amends 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
0
1. The authority citation for part 112 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1).
0
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 20 U.S.C. 7801),
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]
0
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''.
[[Page 51349]]
0
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''.
0
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
0
6. The heading for part 117 is revised to read as set forth above.
0
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.
0
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.
* * * * *
0
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;
(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. 7801),
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]
0
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''.
0
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
----------------------------------------------------------------------------------------------------------------
[[Page 51350]]
Dated: October 10, 2002.
Hector V. Barreto,
Administrator, Small Business Administration.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Chapter V
RIN 2700-AC41
Authority and Issuance
0
For the reasons set forth in the joint preamble, NASA amends 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
0
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.
0
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. 7801),
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.
* * * * *
0
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.
* * * * *
0
4. Section 1250.103-5 is amended by revising the heading to read as
follows:
Sec. 1250.103-5 Special benefits.
* * * * *
0
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.
* * * * *
0
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
----------------------------------------------------------------------------------------------------------------
[[Page 51351]]
PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP
0
8. The authority citation for part 1251 continues to read as follows:
Authority: 29 U.S.C. 794.
0
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. 7801),
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]
0
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''.
0
11. The heading of subpart 1251.3 of part 1251 is revised to read as
follows:
Subpart 1251.3--Accessibility
0
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. * * *
* * * * *
0
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:
----------------------------------------------------------------------------------------------------------------
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 or 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
0
14. The heading for part 1252 is revised to read as set forth above.
0
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).
0
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?
* * * * *
0
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
[[Page 51352]]
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. 7801),
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.
0
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
----------------------------------------------------------------------------------------------------------------
Dated: September 10, 2002.
Sean O'Keefe,
Administrator, National Aeronautics and Space Administration.
DEPARTMENT OF COMMERCE
15 CFR Subtitle A
RIN 0690-AA30
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOC amends 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
0
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).
0
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 20 U.S.C. 7801),
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.
* * * * *
0
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 per