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[Federal Register: December 6, 2000 (Volume 65, Number 235)]
[Proposed Rules]
[Page 76459-76517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de00-34]
[[Page 76459]]
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Part V
Nondiscrimination on the Basis of Race, Color, National Origin,
Handicap, or Age in Programs or Activities Receiving Federal Financial
Assistance; Proposed Rule
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Department of Agriculture
Nuclear Regulatory Commission
Department of Energy
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Tennessee Valley Authority
Department of State
Agency for International Development
Department of Justice
Department of Labor
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
National Science Foundation
National Foundation on the Arts and the Humanities
National Endowment for the Arts
National Endowment for the Humanities
Institute of Museum and Library Services
Corporation for National and Community Service
Department of Transportation
[[Page 76460]]
DEPARTMENT OF AGRICULTURE
7 CFR Parts 15, 15b
RIN 0566-AB78
NUCLEAR REGULATORY COMMISSION
10 CFR Part 4
RIN 3130-AG65
DEPARTMENT OF ENERGY
10 CFR Part 1040
RIN 1901-AA86
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 112, 117
RIN 3245-AE58
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1250, 1251, 1252
RIN 2700-AC41
DEPARTMENT OF COMMERCE
15 CFR Parts 8, 8b, 20
RIN 0690-AA30
TENNESSEE VALLEY AUTHORITY
18 CFR Parts 1302, 1307, 1309
RIN 3316-AA20
DEPARTMENT OF STATE
22 CFR Parts 141, 142, 143
RIN 1400-AB17
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Parts 209, 217, 218
RIN 0412-AA45
DEPARTMENT OF JUSTICE
28 CFR Part 42
RIN 1190-AA49
DEPARTMENT OF LABOR
29 CFR Parts 31, 32
RIN 1291-AA31
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 18
RIN 2900-AK13
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
RIN 2020-AA43
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-6, 101-8
RIN 3090-AH33
DEPARTMENT OF THE INTERIOR
43 CFR Part 17
RIN 1090-AA77
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 7
RIN 3067-AD14
NATIONAL SCIENCE FOUNDATION
45 CFR Parts 605, 611, 617
RIN 3145-AA38
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Parts 1110, 1151, 1156
RIN 3135-AA17
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Parts 1110, 1170
RIN 3136-AA24
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
45 CFR Part 1110
RIN 3137-AA11
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1203, 1232
RIN 3045-AA29
DEPARTMENT OF TRANSPORTATION
49 CFR Parts 21, 27
RIN 2105-AC96
Nondiscrimination on the Basis of Race, Color, or National Origin
in Programs or Activities Receiving Federal Financial Assistance;
Nondiscrimination on the Basis of Handicap in Programs or Activities
Receiving Federal Financial Assistance; Nondiscrimination on the Basis
of Age in Programs or Activities Receiving Federal Financial Assistance
AGENCIES: Department of Agriculture; Nuclear Regulatory Commission;
Department of Energy; Small Business Administration; National
Aeronautics and Space Administration; Department of Commerce; Tennessee
Valley Authority; Department of State; Agency for International
Development; Department of Justice; Department of Labor; Department of
Veterans Affairs; Environmental Protection Agency; General Services
Administration; Department of the Interior; Federal Emergency
Management Agency; National Science Foundation; National Endowment for
the Arts, National Endowment for the Humanities, Institute of Museum
and Library Services, National Foundation on the Arts and the
Humanities; Corporation for National and Community Service; Department
of Transportation (collectively, ``the Agencies'').
ACTION: Joint notice of proposed rulemaking.
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SUMMARY: The Agencies propose to amend their regulations implementing
Title VI of the Civil Rights Act of 1964 (``Title VI''), Section 504 of
the Rehabilitation Act of 1972 (``Section 504''), and the Age
Discrimination Act of 1975 (``Age Discrimination Act''). Together,
these statutes prohibit discrimination on the basis of race, color,
national origin, disability, and age in programs or activities that
receive Federal financial assistance. In 1988, the Civil Rights
Restoration Act (``CRRA'') added definitions of ``program or activity''
and ``program'' to Title VI and added a definition of ``program or
activity'' to Section 504 and the Age Discrimination Act. The added
definitions were designed to clarify the broad scope of coverage of
recipients' programs or activities under these statutes. This proposed
regulation incorporates the CRRA's definition of ``program or
activity'' and ``program'' into Title VI, Section 504, and Age
Discrimination Act regulations of the Agencies, and promotes consistent
and adequate enforcement of these statutes by the Agencies.
DATES: We must receive your comments on or before January 5, 2001.
ADDRESSES: Address all comments about these proposed regulations to
Merrily A. Friedlander, Chief, Coordination and Review Section, Civil
Rights Division, U.S. Department of Justice, P.O. Box 66560,
Washington, D.C. 20035-6560, facsimile (202) 307-0595.
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief,
Coordination and Review Section, Civil Rights Division, U.S. Department
of Justice, (202) 307-2222 voice, (202) 307-2678 TTY, (202) 307-0595
fax.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding these proposed
regulations. To ensure that your comments have maximum effect in
developing the final regulations, we urge you to identify clearly the
specific section or sections of the proposed regulations that each of
your comments addresses and to arrange your comments in the same order
as the proposed regulations.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 (``Regulatory Planning and
Review'') and its overall requirement of reducing regulatory burdens
that might result from these proposed regulations. Please
[[Page 76461]]
let us know of any further opportunities we should take to reduce
potential costs or increase potential benefits while preserving the
effective and efficient administration of these Federal civil rights
requirements.
During and after the comment period, you may inspect all public
comments about these proposed regulations at the Coordination and
Review Section, 1425 New York Avenue NW., Washington, DC, between the
hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday
of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed regulations. If you want to
schedule an appointment for this type of aid, you may call (202) 307-
2222 voice or (202) 307-2678 TTY.
Overview
The Agencies propose to amend their civil rights regulations to
conform to provisions of the Civil Rights Restoration Act of 1987
(``CRRA''), Pub. L. 100-259, regarding the scope of coverage under
civil rights statutes they administer. These statutes include Title VI
of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq.
(``Title VI''); Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794 (``Section 504''); and the Age Discrimination
Act of 1975, as amended, 42 U.S.C. 6101, et seq. (``Age Discrimination
Act''). Title VI prohibits discrimination on the basis of race, color,
and national origin in all programs or activities that receive Federal
financial assistance; Section 504 prohibits discrimination on the basis
of disability in all programs or activities that receive Federal
financial assistance; and the Age Discrimination Act prohibits
discrimination on the basis of age in all programs or activities that
receive Federal financial assistance. (Note that the CRRA does not
affect coverage under federal employment nondiscrimination statutes,
such as Title VII of the Civil Rights Act of 1964, Title I of the
Americans with Disabilities Act, and the Age Discrimination in
Employment Act.)
Background Information
The principal proposed conforming change is to amend each of these
regulations to add a definition of ``program or activity'' or
``program'' that reflects the statutory definition of ``program or
activity'' or ``program'' enacted as part of the CRRA. We believe that
adding this statutory definition to the regulatory language is the best
way to avoid confusion on the part of beneficiaries, recipients,
government entities, and other interested parties about the scope of
civil rights coverage. This proposal also conforms to a final rule
under Title IX of the Education Amendments of 1972, as amended, to
establish common regulations for 21 Federal agencies published on
August 30, 2000. 65 Fed. Reg. 52857. That common rule incorporated the
statutory definitions of ``program or activity'' and ``program''
enacted as part of the CRRA.
When originally issued and implemented, the Agencies' civil rights
regulations were interpreted by the Agencies to mean that acceptance of
Federal assistance by a recipient resulted in broad coverage of an
entity. The Supreme Court, however, interpreted ``program or activity''
in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 570-74
(1984). The Court concluded in Grove City College that Federal student
financial assistance provided to a college established jurisdiction
under Title IX only over the college's financial aid program, not the
entire college. Since Title IX was patterned after Title VI, this
interpretation significantly narrowed the prohibitions of Title VI and
two other statutes based on it: the Age Discrimination Act and Section
504. See S. Rep. No. 100-64, at 2-3, 11-16, reprinted in 1988
U.S.C.C.A.N. at 3-5, 13-18. Following the Supreme Court's decision in
Grove City, the Agencies changed their interpretation, but not the
language, of the governing regulations to be consistent with the
Court's restrictive, program-specific definition of ``program or
activity.''
In 1988, Congress enacted the CRRA to restore the prior consistent
and long-standing executive branch interpretation and ``broad,
institution-wide application'' of those laws as previously
administered. S. Rep. No. 100-64, at 4, reprinted in 1988 U.S.C.C.A.N.
at 6. Congress enacted the CRRA in order to remedy what it perceived to
be a serious narrowing by the Supreme Court of a longstanding
administrative interpretation of the coverage of these laws. At that
time, the Agencies reinstated their broad interpretation to be
consistent with the CRRA, again without changing the language of the
regulations. To the extent there was any inconsistency between the
language of the regulations and the language of the CRRA, it was and
remains the Agencies' interpretation that the CRRA superseded the
regulations and, therefore, the regulations must be read in conformity
with the CRRA. This interpretation was consistent with the
understanding of Congress as expressed in the legislative history of
the CRRA that the statutory definition of ``program or activity'' would
take effect immediately without the need for Federal agencies to amend
their existing regulations. S. Rep. No. 100-64, at 32, reprinted in
1988 U.S.C.C.A.N. at 34.
The proposed regulatory changes set out in this notice are designed
to address an issue recently raised by the Third Circuit Court of
Appeals in Cureton v. NCAA, 198 F.3d 107 (3d Cir. 1999). The Third
Circuit determined that, because the Departments of Health and Human
Services and Education did not amend their Title VI regulations after
the enactment of the CRRA, application of the Departments' Title VI
regulations to disparate impact discrimination claims is ``program
specific'' (i.e., limited to the particular program receiving Federal
financial assistance), rather than institution-wide (i.e., applicable
to all of the operations of the institution regardless of the use of
the Federal funds). See id. at 114-16. As noted above, however, the
Agencies have, since the passage of the CRRA, consistently interpreted
the coverage of their Title VI regulations to reach those programs that
fall within the broad statutory definition of ``program or activity.''
The Cureton decision would thwart clearly expressed congressional
intent by giving continued effect to a judicial interpretation that
Congress intended to override. In any event, the proposed regulatory
changes would address the concerns raised by the Third Circuit in that
the regulations would track the CRRA's statutory language and apply to
both disparate impact and disparate treatment forms of discrimination.
(``Disparate treatment,'' i.e., intentional discrimination, refers to
policies or practices that treat individuals differently based on their
race, color, national origin, disability, or age, as applicable.
Discrimination that involves such disparate treatment is barred by the
civil rights statutes and regulations. ``Disparate impact'' refers to
criteria or methods of administration that have a significant adverse
effect on individuals based on race, color, national origin,
disability, or age, as applicable. Such criteria or practices
constitute impermissible discrimination if there is no substantial
legitimate justification for those criteria or practices. However, even
where such a justification exists, if there is an equally
[[Page 76462]]
effective but less discriminatory alternative, that alternative must be
adopted.)
Pursuant to Executive Order 12250 (``Leadership and Coordination of
Nondiscrimination Laws''), the Department of Justice (``DOJ'')
requested that the Agencies jointly issue amendments to their
regulations implementing Title VI, Section 504, and the Age
Discrimination Act to incorporate the CRRA definitions of ``program''
and ``program or activity.'' The two federal agencies implicated in the
Cureton decision--the Department of Education (``ED'') and the
Department of Health and Human Services (``HHS'')--are promulgating
separate rules to incorporate the CRRA's expanded definition of
``program or activity'' and ``program'' in their regulations. DOJ is
participating in and coordinating the promulgation of amendments to 22
other agencies' Title VI, Section 504, and Age Discrimination Act
regulations. Again, while DOJ views these modifications to be merely
technical in nature, public comments are invited on these
modifications. These proposed changes are summarized in the sections
below.
Definition of ``Program or Activity'' and ``Program''
The statutory definition, which is being incorporated into the
regulations, addresses the scope of coverage for four broad categories
of recipients: (1) State or local governmental entities; (2) colleges,
universities, other postsecondary educational institutions, public
systems of higher education, local educational agencies, systems of
vocational education, and other school systems; (3) private entities,
such as corporations, partnerships, and sole proprietorships; and (4)
entities that are a combination of any of those groups. See 42 U.S.C.
2000d-4a.
Under the first part of the definition, when State and local
governmental entities receive financial assistance from a Federal
agency, the ``program or activity'' or ``program'' in which
discrimination is prohibited includes all of the operations of any
State or local department or agency to which the Federal assistance is
extended. If, for example, a State or local agency receives Federal
assistance for one of many functions of the agency, all of the
operations of the entire agency are subject to the nondiscrimination
provisions of these regulations. Furthermore, if the aid is given to an
entity or unit of government that subsequently distributes the
assistance to a second agency, the entire entity to which the
assistance was initially given is subject to the regulations. See 42
U.S.C. 2000d-4a(1); S. Rep. No. 100-64, at 16, reprinted in 1988
U.S.C.C.A.N. at 18.
Under the second portion of the definition of ``program or
activity,'' when covered educational institutions receive Federal
financial assistance, all of their operations are subject to the
nondiscrimination requirements of the funding agency's regulations. See
42 U.S.C. 2000d-4a(2).
Under the third part of the definition, the degree of coverage of
private entities, such as private corporations and partnerships, will
vary depending on how the funding is provided, the principal purpose or
objective of the entity, or how the entity is structured (e.g.,
physically separate offices or plants). Each of the operations of
private businesses that are principally engaged in education, health
care, housing, social services, or parks and recreation is considered a
``program or activity'' for purposes of these regulations. See 42
U.S.C. 2000d-4a(3)(A)(ii). S. Rep. No. 100-64 provides numerous other
examples of the scope of coverage with regard to each category of
recipient, and readers are referred to this material. S. Rep. No. 100-
64, at 16-20, reprinted in 1988 U.S.C.C.A.N. at 19-21. In addition, if
Federal financial assistance is extended to a private entity ``as a
whole'' and the private entity is not principally engaged in the
business of education, health care, housing, social services, or parks
and recreation, all of the private entity's operations at all of its
locations would be covered. If the private entity receives general
assistance, that is, assistance that is not designated for a particular
purpose, that would be considered Federal financial assistance to the
private entity ``as a whole.'' In other instances where financial
assistance is extended directly to a geographically separate facility
of an entity described in the third part of this definition, then
coverage would be limited to the geographically separate facility that
receives the assistance. See 42 U.S.C. 2000d-4a(3).
Under the fourth part of the definition, if an entity of a type not
already covered by one of the first three parts of the definition is
established by two or more of the entities listed under the first three
parts of the definition, then all of the operations of that new entity
are covered. See 42 U.S.C. 2000d-4a(4).
The proposed amendments will incorporate the CRRA definition of
``program or activity'' and ``program'' into the agencies' regulations.
When Congress amended Title VI in the CRRA, it added definitions of
both ``program or activity'' and ``program'' to the statute. Therefore,
we have proposed to amend each agency's Title VI regulations to
incorporate the definition of both ``program or activity'' and
``program.'' However, when Congress amended Section 504 and the Age
Discrimination Act in the CRRA, it added a definition of the term
``program or activity,'' but did not add a similar definition of the
term ``program.'' Thus, we have amended the agencies' Section 504 and
Age Discrimination Act regulations to incorporate a new definition of
``program or activity'' only.
As explained below, in order to conform with the CRRA definitions
of ``program or activity'' and ``program,'' the proposed regulations
also would modify or delete some existing sections of the Agencies'
regulations that have become superfluous or incorrect following
enactment of the CRRA. These proposed modifications would not change
the requirements of the existing regulations.
It is important to note that the proposed changes would not in any
way alter the requirement of the CRRA that a fund termination be
limited to the particular programs ``or part[s] thereof'' that
discriminate, or, as appropriate, to all of the programs that are
infected by the discriminatory practices. See S. Rep. No. 100-64, at
20, reprinted in 1988 U.S.C.C.A.N. at 22 (``The [CRRA] defines
`program' in the same manner as `program or activity,' and leaves
intact the `or part thereof' pinpointing language.'').
Assurances
Several agencies' Title VI regulations include an assurance
requirement that has created confusion with regard to the scope of
``program or activity'' under these regulations. In general, these
assurances, which are legal agreements between the government and
recipients of Federal financial assistance, are designed to ensure that
recipients of Federal financial assistance comply with
nondiscrimination laws and do not discriminate in their programs or
activities. However, some agencies have assurance provisions that are
confusing in light of the CRRA because they incorrectly state that, in
some circumstances, certain parts of a program will not be covered by
civil rights laws. For example, DOJ's assurance provision, which is
very similar to the corresponding assurance requirements in other
agencies' Title VI regulations, provides in part: ``[t]he assurance * *
* shall be applicable to the entire institution unless the applicant
establishes, to the satisfaction of the responsible Department
official,
[[Page 76463]]
that the practices in designated parts or programs of the institution *
* * will in no way affect its practices in the program of the
institution * * * for which Federal financial assistance is sought. * *
* '' 28 CFR 42.105(c)(2). In order to avoid any further confusion, the
proposed rule would delete the above provision and similar provisions
in the regulations of other agencies that incorrectly suggest that some
parts of a program will not be covered under certain circumstances.
This change will ensure that agency regulations reflect the broad scope
of coverage of a program or activity that was contemplated by the CRRA.
Several Federal agencies' Title VI regulations provide illustrative
examples or applications that refer to the waiver language contained in
the assurance provision. Because the waiver language in relevant
assurance provisions should be deleted, similar language and references
in illustrative applications and examples also should be deleted. These
proposed deletions would not affect the reach of the statutes or
regulations.
Other References to ``Program'' and ``Program or Activity''
We are also proposing to delete references to ``program'' and
``program or activity'' in the existing regulations that do not conform
to the broadened CRRA definition of ``program'' and ``program or
activity.'' For example, in some instances, we have proposed to
substitute ``Federal financial assistance'' for ``program'' or
``program or activity'' where the phrase refers to Federal financial
assistance. In other instances, we have proposed to substitute the
phrase ``aid, benefit, or service'' if that is the intended meaning. We
have also proposed revisions when the terms ``program'' and ``program
or activity'' are used too narrowly, i.e., when they are used to
indicate only a specific portion of a program that directly receives
assistance. The nomenclature tables, which are charts designed to
provide an easy method for viewing the words to be removed or replaced,
show these proposed conforming changes for each agency. In some
instances, we would change the phrase ``program and activity'' to
``program or activity'' to conform the regulations to the term as
defined in the CRRA. We have not proposed to modify the term
``activity'' when it appears separately from the phrase ``program or
activity'' and is used in a manner unrelated to the CRRA phrase
``program or activity.''
Although we have generally proposed to delete all references to
``program'' and ``program or activity'' where such references do not
conform to the CRRA, we have not done so when the regulation is merely
copying statutory language. For example, the regulations for some
agencies contain a compliance provision that requires the agency to
report any order for fund termination to the congressional committee
with jurisdiction over the ``program'' involved. In this case, the term
``program'' clearly refers to the Federal financial assistance, but we
have not proposed to replace the word because the copied statutory
language itself uses the term ``program.''
In other instances in which the term ``program'' is used in a
manner inconsistent with the CRRA, we have proposed to capitalize the
word in order to distinguish it from the term defined by the CRRA. For
example, we have proposed to capitalize certain terms of art
(e.g.,``Historic Preservation Program,'' ``Individualized Education
Program'') or names of types of Federal financial assistance (e.g.,
``School Lunch Program'') to avoid confusion.
Other Conforming Changes
Other proposed changes include modifications to some agencies'
definition of ``recipient.'' A few agencies define this term to include
an entity that ``benefits from'' Federal financial assistance.
Likewise, many agencies' Section 504 and Age Discrimination Act
regulations use the phrase ``receives or benefits from Federal
financial assistance.'' The phrase ``or benefits from'' in this context
should be deleted as it is superfluous in light of the CRRA.
Because the proposed changes are limited to those that are related
to the CRRA definition of ``program'' and ``program or activity,'' we
are not proposing to make additional technical corrections unless the
provision is already subject to a CRRA-related change. Likewise, we do
not propose to make other technical corrections to outdated agency or
office names, with one notable exception. Since the regulations for the
Department of Energy require that age discrimination complaints be
filed with a specific office, we have updated the regulations to
reflect the new name of that office, thereby reducing confusion for
individual complainants.
Although we did not propose to amend the content of the Agencies'
appendices, the headings and introductory text describing the content
were amended to conform with the CRRA. Additional conforming changes to
the body of the various agency appendices will be published in the
Federal Register in a separate document at a later date.
Period for Public Comment
Because these proposed changes merely incorporate statutory
language and do not alter the Agencies' consistent position that the
regulations must be read in conformity with the CRRA, the Agencies view
these proposed changes as technical in nature. However, the Agencies
are inviting public comment on the proposed changes, consistent with
their policy of involving interested members of the public in the
rulemaking process. We have decided to use a 30-day comment period
because we do not anticipate receiving a large volume of comments on
the limited technical changes in this proposed rule.
Coordination With the Department of Education
The Department of Education (``ED'')--one of two agencies that were
implicated in the Cureton decision and that have decided to promulgate
separate rules to incorporate the CRRA's expanded definition of
``program or activity'' in their regulations--published its proposed
rule on May 5, 2000, at 65 FR 26464. Among other modifications, ED's
proposed amendments contain several conforming changes to the following
three subparts of its Section 504 regulations: (1) Preschool,
Elementary, and Secondary Education; (2) Postsecondary Education; and
(3) Health, Welfare, and Social Services.
Eight other Federal agencies have Section 504 regulations
containing sections similar to all or a portion of the provisions in
the above three subparts. Because we believe that it is particularly
important to maintain consistency among Federal agencies with respect
to these subparts, we have, with a few minor exceptions, followed ED's
lead when amending these sections for the other eight agencies--
Department of Agriculture, Department of Commerce, Department of
Interior, Department of State, Department of Veterans Affairs, Agency
for International Development, National Endowment for the Humanities,
and National Science Foundation--that have similar regulations.
Differences Among Agencies
Some agencies lack regulations implementing Section 504 or the Age
Discrimination Act. In accordance with the limited scope of this
proposed regulation, we have not proposed to add Section 504 or Age
Discrimination Act sections to agencies that lack such regulations.
Outlined below are the agencies that do not have such implementing
regulations, as well as agencies that have comprehensive rules
[[Page 76464]]
implementing several statutes in one set of regulations or that follow
the regulations of another Federal agency.
Agencies that do not have regulations implementing the Age
Discrimination Act and, therefore, are amending only their regulations
implementing Title VI and Section 504 are: the Department of
Agriculture, the Department of Labor, the Department of Defense, the
Environmental Protection Agency, and the Department of Transportation.
The Federal Emergency Management Agency (``FEMA'') does not have
regulations applying Section 504 to recipients of Federal financial
assistance but, instead, operates in accordance with Section 504
regulations developed by HHS. Therefore, FEMA will amend only its
regulations implementing Title VI and the Age Discrimination Act.
Likewise, the Small Business Administration does not have regulations
applying Section 504 to recipients of Federal financial assistance and,
therefore, will only be amending its Title VI and Age Discrimination
Act regulations.
In addition, the Corporation for National and Community Service
(``the Corporation'') lacks regulations applying the Age Discrimination
Act, Title VI, and Section 504 to recipients of Federal financial
assistance. Instead, the Corporation, which is the successor of ACTION,
operates in accordance with Title VI and Section 504 regulations
promulgated by ACTION and will amend only those regulations. Similarly,
the National Endowment for the Arts, the National Endowment for the
Humanities (``NEH''), and the Institute of Museum and Library Services
(``IMLS''), which together constitute the National Foundation on the
Arts and the Humanities (``NFAH''), operate in accordance with Title VI
regulations developed jointly by these three agencies and thus are
amending their Title VI regulations jointly. However, NEA is separately
amending its Section 504 and Age Discrimination Act regulations, while
NEH, which lacks an Age Discrimination Act regulation, is amending its
Section 504 regulation only. IMLS, which operates in accordance with
NEH's Section 504 regulations and does not have regulations
implementing the Age Discrimination Act, is not issuing any separate
amendments.
Applicable Executive Orders and Regulatory Certifications Executive
Order 12067
These proposed conforming changes have been reviewed by the Equal
Employment Opportunity Commission pursuant to Executive Order 12067.
Executive Order 12250
These proposed conforming changes to the Title VI and Section 504
regulations have been reviewed and approved by the Attorney General
pursuant to Executive Order 12250.
Executive Order 12866
These proposed conforming changes have been drafted and reviewed in
accordance with section 1(b) of Executive Order 12866. This regulation
is not a significant regulatory action under section 3(f)(4) of
Executive Order 12866.
1. Potential Costs and Benefits
Under Executive Order 12866, the Agencies have assessed the
potential costs and benefits of this regulatory action. The potential
costs associated with the proposed regulations are those resulting from
statutory requirements and those that the Agencies have determined are
necessary for administering these Federal financial assistance statutes
effectively and efficiently. In assessing the potential costs and
benefits--both quantitative and qualitative--of this regulatory action,
the Agencies have determined that there probably will be no cost
impacts because this regulatory action, which implements congressional
amendments, merely clarifies longstanding policy of the Agencies and
does not change the Agencies' practices in addressing issues of
discrimination.
The Agencies have also determined that this regulatory action would
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
2. Clarity of the Regulations
Executive Order 12866 and the President's Memorandum of June 1,
1998, on ``Plain Language in Government Writing'' require each agency
to write regulations that are easy to understand. The Agencies invite
comments on how to make these proposed regulations easier to
understand, including answers to questions such as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of a nomenclature table) aid or reduce their
clarity?
Could the description of the proposed regulations in the
SUMMARY section of this preamble be more helpful in making the proposed
regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
Send any comments that concern how the Agencies could make these
proposed regulations easier to understand to the person listed in the
ADDRESSES section of the preamble.
Age Discrimination Act of 1975
The Age Discrimination Act of 1975 and the Department of Health and
Human Services' (``HHS'') general, government-wide implementing
regulations give the Secretary of HHS the authority to review changes
to the Age Discrimination Act regulations of federal agencies. This
authority has been delegated to the Office for Civil Rights (``OCR''),
which has reviewed and approved these proposed conforming changes.
Small Business Regulatory Enforcement Fairness Act of 1996
It has been determined that this rule is not a major rule as
defined by the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 804. This rule will not result in an annual effect on
the economy of $100 million or more; a major increase in costs or
prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based companies to compete with foreign-based companies in
domestic and export markets.
All recipients of Federal funding have been bound by these
standards of liability since the passage of the CRRA, when the Agencies
reinstated their broad interpretation of the terms ``program or
activity'' and ``program'' and applied these regulations on an
institution-wide basis without changing the language of the
regulations. The joint rule merely makes the regulations track the
statutory language of the CRRA, both for disparate impact and disparate
treatment forms of discrimination. These regulations implement
statutory amendments and longstanding agency policy.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
requires agencies to prepare several analytic statements before
proposing any rule that may result in annual expenditures of $100
million by State, local, Indian tribal governments or the private
sector. See 15 U.S.C. 1532.
These amendments make technical changes to existing regulations
that enforce statutory prohibitions on
[[Page 76465]]
discrimination on the basis of race, color, national origin, age, or
disability. Therefore, these amendments will not result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year, and
they will not significantly or uniquely affect small governments. The
participating agencies certify that no actions were deemed necessary
under the Unfunded Mandates Reform Act of 1995.
Regulatory Flexibility Act
The Agencies, in accordance with the Regulatory Flexibility Act, 5
U.S.C. 605(b), have reviewed these regulations and certify that these
regulations will not have a significant economic impact on a
substantial number of small entities, in large part because these
regulations do not impose any new substantive obligations on Federal
funding recipients. All recipients of Federal funding have been bound
by these standards of liability since the passage of the CRRA, when the
Agencies reinstated their broad interpretation of the terms ``program
or activity'' and ``program'' and applied these regulations on an
institution-wide basis without changing the language of the
regulations. The joint rule merely makes the regulations track the
statutory language of the CRRA, both for disparate impact and disparate
treatment forms of discrimination. These regulations implement
statutory amendments and longstanding agency policy.
Paperwork Reduction Act
The Agencies certify that this proposed rule will not impose
additional reporting or recordkeeping requirements under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 et seq.
Executive Order 13132
This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. The proposed rule does not subject
Federal funding recipients to new obligations. The proposed regulations
amend and clarify existing regulations that are required by statute
pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975.
Therefore, in accordance with section 6 of Executive Order 13132, the
Agencies have determined that these amendments do not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
List of Subjects
7 CFR Part 15
Aged, Civil rights, Religious discrimination, Sex discrimination.
7 CFR Part 15b
Civil rights, Equal employment opportunity, Grant programs--
education, Individuals with disabilities.
10 CFR Part 4
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
10 CFR Part 1040
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Individuals with disabilities, Sex
discrimination.
13 CFR Part 112
Civil rights, Reporting and recordkeeping requirements, Small
businesses.
13 CFR Part 117
Aged, Civil rights, Reporting and recordkeeping requirements.
14 CFR Part 1250
Civil rights.
14 CFR Part 1251
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
14 CFR Part 1252
Aged, Civil rights.
15 CFR Part 8
Civil rights.
15 CFR Part 8b
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities, Reporting and recordkeeping
requirements.
15 CFR Part 20
Administrative practice and procedure, Aged, Civil rights.
18 CFR Part 1302
Civil rights, Reporting and recordkeeping requirements.
18 CFR Part 1307
Administrative practice and procedure, Civil rights, Individuals
with disabilities.
18 CFR Part 1309
Aged, Civil rights.
22 CFR Part 141
Civil rights.
22 CFR Part 142
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
22 CFR Part 143
Aged, Civil rights.
22 CFR Part 209
Civil rights.
22 CFR Part 217
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
22 CFR Part 218
Aged, Civil rights.
28 CFR Part 42
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Grant programs, Individuals with disabilities,
Reporting and recordkeeping requirements, Sex discrimination.
29 CFR Part 31
Civil rights, Reporting and recordkeeping requirements.
29 CFR Part 32
Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements.
38 CFR Part 18
Aged, Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities, Reporting and recordkeeping
requirements, Veterans.
40 CFR Part 7
Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
41 CFR Part 101-6
Civil rights, Government property management.
[[Page 76466]]
41 CFR Part 101-8
Administrative practice and procedure, Civil rights, Government
property management, Individuals with disabilities, Reporting and
recordkeeping requirements.
43 CFR Part 17
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
44 CFR Part 7
Administrative practice and procedure, Aged, Civil rights,
Reporting and recordkeeping requirements.
45 CFR Part 605
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
45 CFR Part 611
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 617
Administrative practice and procedure, Aged, Civil rights.
45 CFR Part 110
Civil rights.
45 CFR Part 1151
Civil rights, Equal employment opportunity, Individuals with
disabilities.
45 CFR Part 1156
Administrative practice and procedure, Aged, Civil rights, Grant
programs, Investigations, Reporting and recordkeeping requirements.
45 CFR Part 1170
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
45 CFR Part 1203
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 1232
Civil rights, Grant programs--social programs, Individuals with
disabilities.
49 CFR Part 21
Civil rights, Reporting and recordkeeping requriements.
49 CFR Part 27
Administrative practice and procedure, Airports, Civil rights,
Highways and roads, Individuals with disabilities, Mass transportation,
Railroads, Reporting and recordkeeping requirements.
Proposed Adoption of Joint Rule
The proposed agency adoptions of this joint rule are set forth
below:
DEPARTMENT OF AGRICULTURE
7 CFR Subtitle A
RIN 0566-AB78
Authority and Issuance
For the reasons set forth in the joint preamble, USDA proposes to
amend 7 CFR subtitle A, parts 15 and 15b as set forth below:
PART 15--NONDISCRIMINATION
1. The authority citation for part 15 continues to read as follows:
Authority: 5 U.S.C. 301; 29 U.S.C. 794.
2. Section 15.2 is amended by revising paragraph (k) to read as
follows:
Sec. 15.2 Definitions.
* * * * *
(k) Program or activity and program mean all of the operations of
any entity described in paragraphs (k)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
* * * * *
3. In Sec. 15.3, the headings for paragraphs (d)(1) through (d)(10)
are revised to read as follows:
Sec. 15.3 Discrimination prohibited.
* * * * *
(d) * * *
(1) Cooperative Agricultural Extension Program. * * *
(2) Rural Electrification and Rural Telephone Programs. * * *
(3) Direct Distribution Program. * * *
(4) National School Lunch Program. * * *
(5) Food Stamp Program. * * *
(6) Special Milk Program for Children. * * *
(7) Price Support Programs carried out through producer
associations or cooperatives or through persons who are required to
provide specified benefits to producers. * * *
(8) Forest Service Programs. * * *
(9) Farmers Home Administration Programs. * * *
(10) Cooperative State Research Programs. * * *
4. Section 15.4 is amended by revising paragraph (c) to read as
follows:
Sec. 15.4 Assurances required.
* * * * *
(c) Assurances from institutions. The assurance required with
respect to an institution of higher education, or any other
institution, insofar as the assurance relates to the institution's
practices with respect to admission or other treatment of individuals
or to the opportunity to participate in the provision of services or
other benefits to such individuals, shall be applicable to the entire
institution.
* * * * *
5. Amend the appendix to subpart A of part 15 as follows:
a. In the heading, by removing the words ``USDA-Assisted Programs''
and adding, in their place, the words ``Federal Financial Assistance
From USDA'';
b. In the introductory text, by removing the word ``Programs'' and
adding, in its place, the words ``The types of Federal financial
assistance''; and by removing the words ``in which Federal financial
assistance is rendered''; and
c. In the chart, by removing the column heading ``Program'' and
adding, in its place, the column heading ``Type of Federal Financial
Assistance''.
[[Page 76467]]
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column, and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
15.1(b)(3)........................... under any such program
15.2(e).............................. for any program,
15.2(e).............................. under any such program
15.2(f).............................. for the purpose of carrying out a program
15.3(b)(3)........................... activities or programs programs or activities
15.3(d), introductory text, first programs and activities types of Federal financial
sentence. assistance
15.3(d), introductory text, third program type of Federal financial
sentence. asistance
15.3(d), introductory text, third it a program
sentence.
15.3(d), introductory text, last listed program listed type of Federal
sentence. financial assistance
15.3(d)(1)(ii)....................... activity of activity funded by
15.3(d)(3)(i)........................ direct distribution program Direct Distribution
Program
15.3(d)(3)(iii)...................... program Program
15.3(d)(4)(i)........................ program Program
15.3(d)(4)(ii)....................... program Program
15.3(d)(5)(i)........................ program Program
15.3(d)(6)(i)........................ program Program
15.3(d)(6)(iv)....................... program Program
15.3(d)(7)(v)........................ price support program Price Support Program
15.3(d)(10)(ii)...................... cooperative research program Cooperative Research
Program
15.4(a)(1), first sentence........... to carry out a program .............................
15.4(a)(1), first sentence........... except a program except an application
15.4(b).............................. to carry out its program for or activity
involving
15.5(a), second sentence............. programs Federal financial assistance
15.5(a), second sentence............. program
15.5(b), second sentence............. of any program under in
15.5(d).............................. program under program for
15.9(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
15.10(f)............................. under the program involved to which this regulation
applies
15.10(f)............................. assistance will assistance to which this
regulation applies will
15.10(f)............................. under such program
15.12(a), introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
PART 15--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 15b is revised to read as set forth above.
8. The authority citation for part 15b continues to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 15b.3 is amended by revising paragraph (p) and adding a
new paragraph (s) to read as follows:
Sec. 15b.3 Definitions.
* * * * *
(p) For purposes of Sec. 15b.18(d), Historic Preservation Programs
are those that receive Federal financial assistance that has
preservation of historic properties as a primary purpose.
* * * * *
(s) Program or activity means all of the operations of any entity
described in paragraphs (s)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or (ii) The entity
of such State or local government that distributes such assistance and
each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of
assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (s)(1), (2), or (3) of this section.
Sec. 15b.4 [Amended]
10. In Sec. 15b.4, the heading of paragraph (c) is amended by
removing the word ``Programs'' and adding, in its place, the words
``Aid, benefits, or services''.
11. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
* * * * *
12. Section 15b.18 is amended by revising the heading and first
sentence of paragraph (a), the heading of paragraph (e), and the first
sentence of paragraph (e)(1) to read as follows:
Sec. 15b.18 Existing facilities.
(a) Accessibility. A recipient shall operate each assisted program
or activity so that when each part is viewed in its entirety it is
readily
[[Page 76468]]
accessible to and usable by qualified handicapped persons. * * *
* * * * *
(e) Historic Preservation Programs; application for waiver of
accessibility requirements. (1) A recipient shall operate each assisted
program or activity involving Historic Preservation Programs so that
when each part is viewed in its entirety it is readily accessible to
and usable by handicapped persons. * * *
* * * * *
Sec. 15b.27 [Amended]
13. Section 15b.27 is amended by removing from the heading of
paragraph (b) the words ``Program delivery'' and adding, in their
place, the word ``Delivery'', and by removing from the heading of
paragraph (c) the words ``Program materials'' and adding, in their
place, the word ``Materials''.
Sec. 15b.28 [Amended]
14. The heading for Sec. 15b.28 is amended by removing the word
``programs''.
15. The heading for subpart F is revised to read as follows:
Subpart F--Other Aid, Benefits, or Services
Appendix A to Part 15b [Amended]
16. Amend appendix A to part 15b as follows:
a. In the heading, by removing the words ``USDA-Assisted Programs''
and adding, in their place, the words ``Federal Financial Assistance
From USDA'';
b. In the introductory text, by removing the word ``Programs'' and
adding, in its place, the words ``The types of Federal financial
assistance''; and by removing the words ``in which Federal financial
assistance is rendered''; and
c. In the chart, by removing the column heading ``Program'' and
adding, in its place, the column heading ``Type of Federal Financial
Assistance''.
17. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
15b.2, first sentence................ programs and activities programs or activities
15b.2, last sentence................. tailored to specific programs more specifically
tailored
15b.4(b)(1)(v)....................... program program or activity
15b.4(b)(3).......................... programs or activities aid, benefits, or services
15b.4(b)(4)(ii)...................... program program or activity
15b.4(b)(5)(i)....................... or benefits from
15b.4(b)(6).......................... or benefiting from
15b.4(c)............................. the benefits of a program aid, benefits, or services
15b.4(c)............................. from a program from aid, benefits, or
services
15b.5(a), first sentence............. for a program or activity
15b.5(a), first sentence............. the program will the program or activity will
15b.7(a), second sentence............ programs and activities programs or activities
15b.8(a)(3)(i)....................... program program or activity
15b.8(a)(3)(ii)...................... program program or activity
15b.8(a)(3)(iii)..................... program program or activity
15b.10............................... programs programs or activities
15b.11............................... programs and activities programs or activities
15b.12(a)(3), last sentence.......... apprenticeship programs apprenticeships
15b.12(b)(8)......................... social those that are social
15b.12(b)(8)......................... programs
15b.13(a)............................ program program or activity
15b.13(c), introductory text......... programs programs or activities
15b.13(c)(1)......................... program program or activity
15b.16............................... programs and activities programs or activities
15b.18(b), last sentence............. offer programs and activities to serve
15b.18(b), last sentence............. to obtain the full benefits of the program
15b.18(d)............................ program accessibility accessibility
15b.18(d)............................ the program the program or activity
15b.18(e)(1), introductory text, last program
sentence.
15b.18(e)(1)(iv), first sentence..... program
15b.18(e)(1)(iv), first sentence..... historic preservation program Historic Preservation
Program
15b.18(e)(1)(iv), last sentence...... program accessibility accessibility
15b.18(e)(2), introductory text, program
first sentence.
15b.18(e)(2), introductory text, last program
sentence.
15b.18(e)(2)(iii).................... program program or activity
15b.18(g)(3)......................... program accessibility accessibility under paragraph
(a) of this section
15b.20............................... programs and activities programs or activities
15b.21, introductory text............ program program or activity
15b.22(a)............................ program program or activity
15b.22(b)(2)......................... individualized education program Individualized
Education
Program
15b.22(b)(3), first sentence......... in
15b.22(b)(3), first sentence......... to a program for aid, benefits, or
services
15b.22(b)(3), first sentence......... the one those
15b.22(b)(3), first sentence......... operates operates or provides
15b.22(c)(1), second sentence........ to a program for aid, benefits, or
services
15b.22(c)(1), second sentence........ operated operated or provided
15b.22(c)(1), second sentence........ the program aid, benefits, or services
15b.22(c)(2)......................... person in person
15b.22(c)(2)......................... to a program for aid, benefits, or
services
15b.22(c)(2)......................... not operated not operated or provided
15b.22(c)(2)......................... the program aid, benefits, or services
[[Page 76469]]
15b.22(c)(3)......................... placement in
15b.22(c)(3)......................... program placement
15b.22(c)(4), last sentence.......... such a program a free appropriate education
15b.24(a)............................ program shall program or activity shall
15b.24(a)............................ a regular or special education program regular or
special education
15b.25, first sentence............... operates a provides
15b.25, first sentence............... education program education
15b.26(c)(1), first sentence......... programs and activities aid, benefits, or services
15b.26(c)(1), last sentence.......... in these activities
15b.27(a), first sentence............ operates an provides
15b.27(a), first sentence............ program or activity receiving assistance
from this Department
15b.27(a), first sentence............ from the program or activity
15b.27(a), last sentence............. under the program or activity
15b.27(b)(1), first sentence......... program services aid, benefits, or services
15b.27(b)(2), first sentence......... program services aid, benefits, or services
15b.27(b)(2), second sentence........ program benefits aid, benefits, or services
15b.27(b)(3), first sentence......... program services aid, benefits, or services
15b.27(b)(3), second sentence........ program benefits aid, benefits, or services
15b.27(c), first sentence............ program
15b.28(a), first sentence............ operates a provides
15b.28(a), first sentence............ program receiving assistance from this
Department
15b.28(a), first sentence............ from such program
15b.29............................... programs and activities programs or activities
15b.31(a)............................ program or activity aid, benefits, or services
15b.31(d)............................ programs and activities programs or activities
15b.32(a), second sentence........... program or
15b.32(c)............................ in its program
15b.32(d)(1)......................... under the education program or activity
operated by the recipient
15b.35(a)(1), first sentence......... programs and activities aid, benefits, or services
15b.36............................... programs and activities aid, benefits, or services
15b.39, first sentence............... activity for activity that provides aid,
benefits, or services for
15b.39, first sentence............... program, or activity program or activity
15b.40(a), first sentence............ operate provide
15b.40(a), first sentence............ service programs assisted by this services
Department
15b.41(a)............................ a multi-family rental housing program multi-family
rental housing
15b.41(b)(2)......................... program
15b.41(c), first sentence............ program
15b.41(c), last sentence............. program
----------------------------------------------------------------------------------------------------------------
Dated: November 9, 2000.
Peter G. Parham,
Acting Director, Office of Civil Rights, Department of Agriculture.
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
RIN 3130-AG65
Authority and Issuance
For the reasons set forth in the joint preamble, NRC proposes to
amend 10 CFR chapter I, part 4 as set forth below:
PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE
COMMISSION
1. The heading for part 4 is revised as set forth above.
2. The authority citation for part 4 is revised to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);
sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88
Stat. 1242, as amended (42 U.S.C. 5841).
Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78
Stat. 252, 253 (42 U.S.C. 2000d--2000d-7); sec. 401, 88 Stat. 1254
(42 U.S.C. 5891).
Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat.
394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29
U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C.
706(6)).
Subpart C also issued under Title III of Pub. L. 94-135, 89
Stat. 728, as amended (42 U.S.C. 6101).
Subpart E also issued under 29 U.S.C. 794.
3. Section 4.4 is amended by revising paragraph (g) to read as
follows:
Sec. 4.4 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university or other postsecondary institution, or
a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private
[[Page 76470]]
organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
4. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.3, introductory text, second programs types of Federal financial
sentence. assistance
4.3, introductory text, third under any program or activity
sentence.
4.3, introductory text, fourth a program a type of Federal financial
sentence. assistance
4.3, introductory text, fourth the program a program or activity
sentence.
4.4(f)............................... for the purpose of carrying out a program
4.4(h)............................... for any program,
4.4(h)............................... under any such program
----------------------------------------------------------------------------------------------------------------
Subpart A--Regulations Implementing Title VI of the Civil Rights
Act of 1964 and Title IV of the Energy Reorganization Act of 1974
5. The heading of Sec. 4.22 is revised to read as follows:
Sec. 4.22 Continuing Federal financial assistance.
* * * * *
6. Section 4.24 is amended by revising paragraph (b) to read as
follows:
Sec. 4.24 Assurances from institutions.
* * * * *
(b) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of individuals as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such individuals, shall be applicable to
the entire institution.
7. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.12(a), introductory text.......... under any program
4.13(a), first sentence.............. a program of the
4.13(a), first sentence.............. assistance assistance to a program
4.13(a), second sentence............. such programs such Federal financial
assistance
4.13(a), second sentence............. fellowship programs fellowships
4.21(a), first sentence.............. under a program
4.21(a), first sentence.............. except a program except an application
4.21(a), fifth sentence.............. for each program
4.21(a), fifth sentence.............. in the program
4.21(b), third sentence.............. program statute
4.22................................. to carry out a program involving for
4.32(b).............................. of any program under in
4.34................................. program under which program for which
4.51(a)(4)........................... , under the program involved
4.64, first sentence................. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
4.64, last sentence.................. programs subject to this subpart are this regulation
is
4.74, first sentence................. under the program involved to which this regulation
applies
4.74, first sentence................. assistance will assistance to which this
regulation applies will
4.74, first sentence................. under such program
4.91, introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
Subpart B--Regulations Implementing Section 504 of the
Rehabilitation Act of 1973, as Amended
8. The heading of Sec. 4.126 is revised to read as follows:
Sec. 4.126 General requirement concerning accessibility.
* * * * *
9. Section 4.127 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 4.127 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity so that when each part is viewed in its entirety it is readily
accessible to and usable by handicapped persons. * * *
* * * * *
10. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.121(a)............................. or benefits from
[[Page 76471]]
4.121(b)(1)(v)....................... program program or activity
4.121(b)(2).......................... programs or activities aid, benefits, or services
4.121(b)(3)(ii)...................... program program or activity
4.121(b)(4)(i)....................... or benefits from
4.121(c)............................. the benefits of program aaid, benefits, or services
4.121(c)............................. a program aid, benefits, or services
4.121(d)............................. programs and activities programs or activities
4.122(a)............................. or benefits from
4.122(c)(8).......................... social those that are social
4.122(c)(8).......................... programs
4.122(d), last sentence.............. apprenticeship programs apprenticeships
4.123(a)............................. program program or activity
4.123(c), introductory text.......... program program or activity
4.123(c)(1).......................... program program or activity
4.126................................ or benefits from
4.127(b), last sentence.............. offer programs and activities to serve
4.127(d)(3).......................... program accessibility accessibility under paragraph
(a) of this section
4.231(a), first sentence............. for a program or activity
4.231(a), first sentence............. the program the program or activity
4.231(c)(3)(i)....................... program program or activity
4.231(c)(3)(ii)...................... program program or activity
4.232(a), second sentence............ programs and activities programs or activities
----------------------------------------------------------------------------------------------------------------
Subpart C--Regulations Implementing the Age Discrimination Act of
1975, as Amended
11. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.313, introductory text, first program of activity program or activity
sentence.
4.321, first sentence................ programs and activities programs or activities
4.321, second sentence............... programs and activities programs or activities
4.334(a)(2), last sentence........... program
4.336(c)(2), first sentence.......... Federal
4.338(c)............................. program program or activity
4.339(b)(2).......................... program or activity Federal financial assistance
4.341(b)............................. programs programs or activities
4.341(c)............................. programs programs or activities
4.341(d)............................. programs programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: August 25, 2000.
William D. Travers,
Executive Director for Operations, Nuclear Regulatory Commission.
DEPARTMENT OF ENERGY
10 CFR Chapter X
RIN 1901-AA86
Authority and Issuance
For the reasons set forth in the joint preamble, DOE proposes to
amend 10 CFR chapter X, part 1040 as set forth below:
PART 1040--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES
1. The heading for part 1040 is revised to read as set forth above.
2. The authority citation for part 1040 is revised to read as
follows:
Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d
to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.
Subpart A--General Provisions
3. Section 1040.3 is amended by revising paragraph (u) to read as
follows:
Sec. 1040.3 Definitions--General.
* * * * *
(u) Program or activity and program mean all of the operations of
any entity described in paragraphs (u)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education,
[[Page 76472]]
health care, housing, social services, or parks and recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (u)(1), (2), or (3) of this section.
* * * * *
4. Section 1040.4 is amended by revising paragraph (d) and the
heading of paragraph (f) to read as follows:
Sec. 1040.4 Assurances required and preaward review.
* * * * *
(d) Assurances from government agencies. In the case of any
application from any department, agency or office of any State or local
government for Federal financial assistance for any specified purpose,
the assurance required by this section is to extend to any other
department, agency, or office of the same governmental unit.
* * * * *
(f) Continuing Federal financial assistance. * * *
* * * * *
5. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.1, first sentence............... the program or activity the Federal financial
assistance
1040.1, first sentence............... program services services
1040.2(a), second sentence........... Programs Types of Federal financial
assistance
1040.2(a), fourth sentence........... under any program or activity
1040.2(a), last sentence............. a program a type of Federal financial
assistance
1040.2(a), last sentence............. the program that a program or activity
1040.3(a)............................ program aid, benefit, service
1040.3(t)............................ for the purpose of carrying out a program
1040.4(a), first sentence............ for a program or activity
1040.4(f), introductory text......... administering a program which receives applying for
1040.4(f)(1)......................... program program or activity
1040.5(b), first sentence............ or programs or activity
1040.5(b), second sentence........... programs programs or activities
1040.5(b), last sentence............. broadcast program broadcast
1040.5(b), last sentence............. the program the program or activity
1040.5(b), last sentence............. opportunity program opportunity program or
activity
1040.5(c), first sentence............ program program or activity
1040.6(a) second sentence............ programs and activities programs or activities
1040.7(b)............................ a program that will to
----------------------------------------------------------------------------------------------------------------
Subpart B--Title VI of the Civil Rights Act of 1964; Section 16 of
the Federal Energy Administration Act of 1974, as Amended; and
Section 401 of the Energy Reorganization Act of 1974
6. Section 1040.13 is amended by revising paragraph (e) to read as
follows:
Sec. 1040.13 Discrimination prohibited.
* * * * *
(e) For the purpose of this section, the disposition, services,
financial aid, or benefits provided under a program receiving Federal
financial assistance include all portions of the recipient's program or
activity, including facilities, equipment, or property provided with
the aid of Federal financial assistance.
* * * * *
7. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.11(b), first sentence........... administering, administering or
1040.11(b), first sentence........... or substantially benefiting from
1040.12(b), first sentence........... programs and activities programs or activities
1040.13(b), introductory text........ under any program
1040.13(c)........................... program objectives objectives of the program
1040.13(g), first sentence........... from programs from benefits
1040.13(g), last sentence............ the benefits of a program benefits
1040.13(g), last sentence............ programs funded Federal financial assistance
provided
1040.14(a)(1), introductory text, mobility programs mobility projects
first sentence.
----------------------------------------------------------------------------------------------------------------
Subpart D--Nondiscrimination on the Basis of Handicap--Section 504
of the Rehabilitation Act of 1973, as Amended
Sec. 1040.63 [Amended]
8. In Sec. 1040.63, the heading of paragraph (c) is amended by
removing the word ``Programs,'' and adding, in its place, the words
``Aid, benefits, or services''.
Sec. 1040.71 [Amended]
9. The undesignated center heading immediately preceding
Sec. 1040.71 is amended by removing the word ``Program''.
10. Section 1040.72 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 1040.72 Existing facilities.
(a) Accessibility. A recipient shall operate any program or
activity to which this subpart applies so that when each part is viewed
in its entirety it is readily accessible and usable by handicapped
persons. * * *
* * * * *
11. Section 1040.74 is amended by revising the section heading, the
heading and first sentence of paragraph
[[Page 76473]]
(a), and the headings of paragraphs (a)(1), (a)(2), and (a)(3) to read
as follows:
Sec. 1040.74 Accessibility in historic properties.
(a) Methods to accomplish accessibility. Recipients shall operate
each program or activity involving historic properties so that when
each part is viewed in its entirety it is readily accessible to and
usable by handicapped persons. * * *
(1) Methods to accomplish accessibility without building
alterations or structural changes. * * *
(2) Methods to accomplish accessibility resulting in building
alterations. * * *
(3) Methods to accomplish accessibility resulting in structural
changes. * * *
* * * * *
12. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.61(b)........................... or benefits from
1040.63(a)........................... or benefits from
1040.63(b)(1)(v)..................... program program or activity
1040.63(b)(3)........................ program or activities aid, benefits, or services
1040.63(b)(4)(ii).................... program program or activity
1040.63(b)(6)........................ or benefiting from
1040.63(c)........................... the benefits of a program aid, benefits, or services
1040.63(c)........................... from a program from aid, benefits, or
services
1040.63(d)........................... programs of activities programs or activities
1040.64(c), first sentence........... under any program to which under any program or
activity
to which
1040.64(c), first sentence........... assistance under any program for assistance for
1040.66(a)(3), last sentence......... apprenticeship programs apprenticeships
1040.66(b)(8)........................ social those that are social
1040.66(b)(8)........................ programs
1040.67(a)........................... program program or activity
1040.67(c), introductory text........ program program or activity
1040.67(c)(1)........................ program program or activity
1040.72(b), last sentence............ offer programs and activities to serve
1040.72(d)(3)........................ program accessibility accessibility under Sec.
1040.72(a)
1040.74(a), introductory text, second program
sentence.
1040.74(a), introductory text, last program
sentence.
1040.74(a)(1)(i)..................... programs aid, benefits, or services
1040.74(a)(1)(iii)................... programs or activities aid, benefits, or services
1040.74(a)(1)(iv).................... programs aid, benefits, or services
1040.74(a)(2), first sentence........ program
1040.74(a)(2), first sentence........ Program
1040.74(a)(3), first sentence........ program
1040.74(a)(3), first sentence........ Program
----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age--Age
Discrimination Act of 1975, as Amended
13. The authority citation for subpart E is revised to read as
follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 et seq.); 45 CFR part 90.
Appendix A to Subpart E to Part 1040 [Amended]
14. Appendix A to subpart E to part 1040 is amended by removing the
words ``or program'' from the sixth column heading.
15. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.81, last sentence............... programs and activities programs or activities
1040.82(a)........................... or benefits from
1040.83(i)........................... programs and activities programs or activities
1040.88(a)........................... Office of Equal Opportunity (OEO) Office of Civil
Rights and
Diversity
1040.88(c)........................... program program or activity
1040.89-1, first sentence............ program and activities programs or activities
1040.89-5(a), third sentence......... Office of Equal Opportunity (OEO) Office of Civil
Rights and
Diversity
1040.89-5(a), last sentence.......... OEO Office of Civil Rights and
Diversity
1040.89-5(b), introductory text...... OEO Office of Civil Rights and
Diversity
1040.89-5(c), first sentence......... OEO Office of Civil Rights and
Diversity
1040.89-6(b), second sentence........ OEO Office of Civil Rights and
Diversity
1040.89-6(c), second sentence........ OEO Office of Civil Rights and
Diversity
1040.89-6(e)......................... OEO Office of Civil Rights and
Diversity
1040.89-7(a)(1)...................... OEO Office of Civil Rights and
Diversity
1040.89-7(a)(3)...................... OEO Office of Civil Rights and
Diversity
1040.89-7(b), first sentence......... OEO Office of Civil Rights and
Diversity
1040.89-9(a), introductory text...... Programs Programs or Activities
1040.89-9(a)(1), first sentence...... under the program or or activity involved for a
program activity in
where which
1040.89-9(c)(1)...................... OEO Office of Civil Rights and
Diversity
[[Page 76474]]
1040.89-9(c)(2), first sentence...... Federal
1040.89-11........................... OEO Office of Civil Rights and
Diversity
1040.89-12(b)(2)..................... program or activity Federal financial assistance
1040.89-13(b), introductory text..... OEO Office of Civil Rights and
Diversity
----------------------------------------------------------------------------------------------------------------
Dated: October 4, 2000.
T.J. Glauthier,
Deputy Secretary, Department of Energy.
SMALL BUSINESS ADMINISTRATION
13 CFR Chapter I
RIN 3245-AE58
Authority and Issuance
For the reasons set forth in the joint preamble, SBA proposes to
amend 13 CFR chapter I, parts 112 and 117 as set forth below:
PART 112--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF SBA--
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 112 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1).
2. Section 112.2 is amended by adding paragraph (e) to read as
follows:
Sec. 112.2 Application of this part.
* * * * *
(e) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (e)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1),(2), or (3) of this section.
Appendix A to Part 112 [Amended]
3. The chart in appendix A to part 112 is amended by removing the
heading ``Name of program'' and adding, in its place, the heading
``Name of Federal financial assistance'; by removing the heading
``Financial Programs'' and adding, in its place, the heading ``Federal
Financial Assistance Involving Grants of Funds''; and by removing the
heading ``Nonfinancial Programs'' and adding, in its place, the heading
``Other Federal Financial Assistance''.
4. The note immediately following appendix A to part 112 is amended
by removing the word ``programs'' and adding, in its place, the words
``types of Federal financial assistance''.
5. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
112.2(a)............................. assistance under programs Federal financial
assistance
112.3(b)(3), first sentence.......... the program a program
112.8, last sentence................. for each program
112.8, last sentence................. in the program
----------------------------------------------------------------------------------------------------------------
PART 117--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES OF SBA--EFFECTUATION OF THE AGE DISCRIMINATION ACT OF
1975, AS AMENDED
6. The heading for part 117 is revised to read as set forth above.
7. The authority citation for part 117 continues to read as
follows:
Authority: Age Discrimination Act of 1975, 42 U.S.C. 6101 et
seq.
8. Section 117.2 is amended by revising paragraph (a) to read as
follows:
Sec. 117.2 Application of this part.
(a) This part applies to all recipients of Federal financial
assistance administered by the Small Business Administration, whether
or not the specific type of Federal financial assistance administered
is listed in appendix A.
* * * * *
9. Section 117.3 is amended by redesignating paragraphs (j) through
(m) as paragraphs (k) through (n), and adding a new paragraph (j) to
read as follows:
Sec. 117.3 Definitions.
* * * * *
(j) The term program or activity means all of the operations of any
entity described in paragraphs (j)(1) through (4) of this section, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
[[Page 76475]]
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (j)(1), (2), or (3) of this section.
* * * * *
Appendix A to Part 117 [Amended]
10. The chart in appendix A to part 117 is amended by removing the
words ``Name of program'' and adding, in their place, the words ``Type
of Federal financial assistance''.
11. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
117.1................................ programs programs or activities
117.3(j), first sentence............. under any program
117.4(b)(2).......................... programs programs or activities
117.5(b), first sentence............. in a program
117.6(b)............................. business or program program or activity
117.6(c)............................. program program or activity
117.7, first sentence................ under any program
117.7, last sentence................. for each program,
117.7, last sentence................. in the program
117.8(a), first sentence............. programs and activities programs or activities
117.8(c)............................. its program beneficiaries the beneficiaries of its
programs or activities
117.15(a)(3), first sentence......... program
117.17(f)............................ under the programs involved to which this regulation
applies
117.17(f)............................ assistance will assistance to which this
regulation applies will
117.17(f)............................ under such program
117.19(a)(9)......................... program program or activity
117.20, first sentence............... programs programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: August 23, 2000.
Fred P. Hochberg,
Acting Administrator, Small Business Administration.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR CHAPTER V
RIN 2700-AC41
Authority and Issuance
For the reasons set forth in the joint preamble, NASA proposes to
amend 14 CFR chapter V, parts 1250, 1251, and 1252 as set forth below:
PART 1250--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF
NASA--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 1250 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d-1 and the
laws listed in appendix A to this part.
2. Section 1250.102 is amended by revising paragraph (h) to read as
follows:
Sec. 1250.102 Definitions.
* * * * *
(h) Program or activity and program mean all of the operations of
any entity described in paragraphs (h)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 8801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
3. Section 1250.103-4 is amended by revising paragraph (b) to read
as follows:
Sec. 1250.103-4 Illustrative applications.
* * * * *
* * * * *
(b) In a research or training grant to a university for activities
to be conducted in a graduate school, discrimination in the admission
and treatment of students in the graduate school is prohibited and the
prohibition extends to the entire university.
* * * * *
4. Section 1250.103-5 is amended by revising the heading to read as
follows:
[[Page 76476]]
Sec. 1250.103-5 Special benefits.
* * * * *
5-6. Section 1250.104 is amended by revising paragraph (c)(2) and
by removing paragraph (d)(2) and the paragraph designation (d)(1), to
read as follows:
Sec. 1250.104 Assurances.
* * * * *
(c) * * *
(2) The assurances from such an applicant shall be applicable to
the entire organization of the applicant.
* * * * *
7. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1250.101(a)(1), first sentence....... federally-assisted programs and activities types of
Federal financial
assistance
1250.101(a)(1), second sentence...... program or activity type of Federal assistance
1250.101(a)(1), second sentence...... such program a program
1250.101(a)(1), last sentence........ programs types of Federal financial
assistance
1250.101(a)(2)....................... under any such program
1250.101(b)(2)....................... extended under any such program extended
1250.101(b)(3)....................... beneficiary under any such program beneficiary
1250.101(b)(5)....................... programs types of Federal financial
assistance
1250.101(b)(6)....................... programs types of Federal financial
assistance
1250.102(f).......................... for the purpose of carrying out a program
1250.102(i).......................... for any program
1250.102(i).......................... under any such program
1250.103-2(a), introductory text..... under any program
1250.103-3(b)........................ programs types of Federal financial
assistance
1250.103-4(a)........................ programs services
1250.103-5........................... the benefits of a program benefits
1250.104(a), first sentence.......... to carry out a program
1250.104(e), second sentence......... under a program of with
1250.104(e), last sentence........... program statute
1250.105(b), last sentence........... of any program under in
1250.105(d).......................... program under program for
1250.108(e), first sentence.......... programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1250.109(f).......................... under the program involved to which this regulation
applies
1250.109(f).......................... assistance will assistance to which this
regulation applies will
1250.109(f).......................... under such program
1250.111(a), first sentence.......... under such program
----------------------------------------------------------------------------------------------------------------
PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP
8. The authority citation for part 1251 continues to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 1251.102 is amended by adding paragraph (k) to read as
follows:
Sec. 1251.102 Definitions.
* * * * *
(k) Program or activity means all of the operations of any entity
described in paragraphs (k)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 8801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
Sec. 1251.103 [Amended]
10. In Sec. 1251.103, the heading of paragraph (c) is amended by
removing the word ``Programs'' and adding, in its place, the words
``Aid, benefits, or services''.
11. The heading of subpart 1251.3 of part 1251 is revised to read
as follows:
Subpart 1251.3--Accessibility
12. In Sec. 1251.301, the heading and first sentence of paragraph
(a) are revised to read as follows:
Sec. 1251.301 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which his part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
13. In the table below, for each section indicated in the left
column, remove the text shown in the middle column, and add the text
shown in the right column:
[[Page 76477]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1251.101............................. or benefits from
1251.103(a).......................... or benefits from
1251.103(b)(1)(v).................... program program or activity
1251.103(b)(3)....................... program program or activity
1251.103(b)(3)....................... or benefiting from
1251.103(b)(4)....................... programs or activities aid, benefits, or services
1251.103(b)(5)(ii)................... program program or activity
1251.103(b)(6)(i).................... or benefits from
1251.103(b)(7)....................... or benefiting from
1251.103(c).......................... the benefits of a program aid, benefits, or services
1251.103(c).......................... from a program from aid, benefits, or
services
1251.104(a), first sentence.......... for a program activity
1251.104(a), first sentence.......... the program the program or activity
1251.105(a)(3)(i).................... program program or activity
1251.105(a)(3)(ii)................... program program or activity
1251.105(a)(3)(iii).................. program program or activity
1251.107(a), second sentence......... programs and activities programs or activities
1251.200(a)(2)....................... programs programs or activities
1251.200(a)(4), last sentence........ apprenticeship programs apprenticeships
1251.200(b)(8)....................... social those that are social
1251.200(b)(8)....................... programs
1251.200(d), last sentence........... apprenticeship programs apprenticeships
1251.201(a).......................... program program or activity
1251.201(c), introductory text....... program program or activity
1251.201(c)(1)....................... program program or activity
1251.301(b), last sentence........... offer programs and activities to serve
1251.301(d)(3)....................... program accessibility accessibility under paragraph
(a) of this section
----------------------------------------------------------------------------------------------------------------
PART 1252--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
14. The heading for part 1252 is revised to read as set forth
above.
15. The authority citation for part 1252 continues to read as
follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq. (45 CFR part 90).
16. Section 1252.102 is amended by revising the heading to read as
follows:
Sec. 1252.102 To what programs or activities do these regulations
apply?
* * * * *
17. Section 1252.103 is amended by adding paragraph (n) to read as
follows:
Sec. 1252.103 Definitions.
* * * * *
(n) Program or activity means all of the operations of any entity
described in paragraphs (n)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 8801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (n)(1), (2), or (3) of this section.
18. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1252.100, last sentence.............. programs and activities programs or activities
1252.102(a).......................... or benefits from
1252.203............................. program program or activity
1252.300............................. programs and activities programs or activities
1252.403(a)(2), last sentence........ program
1252.405(b), first sentence.......... program activity program or activity
1252.405(c)(2), first sentence....... Federal
1252.409(b)(2)....................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 76478]]
Dated: September 11, 2000.
Daniel S. Goldin,
Administrator, National Aeronautics and Space Administration.
DEPARTMENT OF COMMERCE
15 CFR Subtitle A
RIN 0690-AA30
Authority and Issuance
For the reasons set forth in the joint preamble, DOC proposes to
amend 15 CFR subtitle A, parts 8, 8b, and 20 as set forth below:
PART 8--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF COMMERCE--EFFECTUATION OF TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
1. The authority citation for part 8 continues to read as follows:
Authority: Sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d-
1).
2. Section 8.3 is amended by revising paragraph (g) to read as
follows:
Sec. 8.3 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
3. Section 8.5 is amended by revising paragraph (b)(10) to read as
follows:
Sec. 8.5 Nondiscrimination clause.
* * * * *
(b) * * *
(10) In the case where any assurances are required from an
academic, a medical care, detention or correctional, or any other
institution or facility, insofar as the assurances relate to the
institution's practices with respect to the admission, care, or other
treatment of persons by the institution or with respect to the
opportunity of persons to participate in the receiving or providing of
services, treatment, or benefits, such assurances shall be applicable
to the entire institution or facility.
* * * * *
4. Section 8.6 is amended by revising the heading of paragraph (a)
to read as follows:
Sec. 8.6 Applicability of this part to Department assisted programs.
* * * * *
(a) Assistance to support economic development. * * *
* * * * *
Appendix A to Part 8 [Amended]
5. The heading for appendix A to part 8 is amended by removing the
word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
8.2(a), first sentence............... federally assisted programs types of Federal
financial
assistance
8.2(a), last sentence................ under any such program
8.2(b)(2)............................ under any such program
8.2(b), second sentence.............. a program a type of Federal financial
assistance
8.2(b), second sentnece.............. such program a program
8.2(b), last sentence................ programs types of Federal financial
assistance
8.3(i), first sentence............... for or in connection with any program
8.3(i), last sentence................ under any program
8.3(j)............................... for the purpose of carrying out a program
8.4(b)(1), introductory text......... under any program to which this part
applies
8.4(b)(1)(vii)....................... where a program is applicable thereto
8.4(b)(2)............................ under any program
8.4(b)(2)............................ such program, or the class of persons to program, or
the class of
whom persons to whom
8.4(c)(1), third sentence............ program plan
8.5(a), first sentence............... to carry out a program
8.5(b)(3)............................ That in a program involving When
8.5(b)(3)............................ assistance, assistance is involved,
8.5(b)(5), third sentence............ program statute
8.6, introductory text, second program type of Federal financial
sentence. assistance
8.6(b), second sentence.............. student training programs instances of student
training
8.7(b), last sentence................ of any program under in
8.7(d)............................... program under which program for which
8.12(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
8.13(f).............................. under the program involved to which this regulation
applies
8.13(f).............................. assistance will assistance to which this
regulation applies will
[[Page 76479]]
8.13(f).............................. under such program
8.15(a), introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
PART 8b--PROHIBITION OF DISCRIMINATION AGAINST THE HANDICAPPED IN
FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF THE DEPARTMENT OF
COMMERCE
7. The heading for part 8b is revised to read as set forth above.
8. The authority citation for part 8b is revised to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 8b.3 is amended by redesignating paragraphs (h) through
(l) as paragraphs (i) through (m), respectively; and adding a new
paragraph (h) to read as follows:
Sec. 8b.3 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
10. Section 8b.4 is amended by revising the heading of paragraph
(c) to read as follows:
Sec. 8b.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
Subpart C of 8b [Amended]
11. The heading for subpart C of part 8b is amended by removing the
word ``Program.''
12. Section 8b.17 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 8b.17 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to qualified handicapped
individuals. * * *
* * * * *
12. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
8b.1, first sentence................. or benefiting from
8b.1, last sentence.................. programs and activities programs or activities
8b.1, last sentence.................. or benefiting from
8b.2, first sentence................. program program or activity
8b.2, first sentence................. or benefiting from
8b.2, last sentence.................. program program or activity
8b.4(a).............................. or benefits from
8b.4(b)(1)(v)........................ program program or activity
8b.4(b)(3)........................... programs or activities aid, benefits, or services
8b.4(b)(4)(ii)....................... program program or activity
8b.4(b)(5)(i)........................ or benefits from
8b.4(b)(6)........................... or benefiting from
8b.4(b)(7)(i)........................ under programs of Federal financial
assistance
8b.4(c).............................. the benefits of a program aid, benefits, or services
8b.4(c).............................. from a program from aid, benefits, or
services
8b.4(d).............................. programs and activities programs or activities
8b.5(a), first sentence.............. for a program or activity
8b.5(a), first sentence.............. the program the program or activity
8b.5(b)(3)........................... program program or activity
8b.5(d).............................. a program the objectives of Federal
financial assistance
8b.5(d).............................. programs and activities programs or activities
8b.6(a)(3)(i)........................ program program or activity
8b.6(a)(3)(ii)....................... program program or activity
8b.8(a), second sentence............. programs and activities programs or activities
8b.10(a)............................. programs programs or activities
8b.11(a)(1).......................... or benefits from
8b.11(a)(3), last sentence........... apprenticeship programs apprenticeships
8b.12(a)............................. program program or activity
[[Page 76480]]
8b.12(b)(1).......................... program program or activity
8b.12(c), introductory text.......... program program or activity
8b.12(c)(1).......................... program program or activity
8b.12(e)............................. program program or activity
8b.17(a), third sentence............. program aid, benefit, or service
8b.17(a), last sentence.............. Program accessibility Accessibility
8b.17(a), last sentence.............. program aid, benefit, or service
8b.17(b), last sentence.............. offer programs and activities to serve
8b.17(e)(3).......................... program accessibility accessibility under Sec.
8b.17(a)
8b.19................................ programs and activities programs or activities
8b.19................................ or benefit from
8b.21(a)............................. program or activity aid, benefits, or services
8b.21(d)............................. programs and activities program or activity
8b.22(a), second sentence............ program of
8b.22(c)............................. in its program
8b.22(d)(1), first sentence.......... under the education program or activity
operated by the recipient
8b.25(a)(1), first sentence.......... programs and activities aid, benefits, or services
----------------------------------------------------------------------------------------------------------------
PART 20--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
15. The authority citation for part 20 continues to read as
follows:
Authority: Age Discrimination Act of 1975, as amended, 42
U.S.C. sec. 6101 et seq. and the government-wide regulations
implementing the Act, 45 CFR Part 90.
16. The heading of Sec. 20.2 is revised to read as follows:
Sec. 20.2 Programs or activities to which these regulations apply.
* * * * *
17. Section 20.3 is amended by redesignating paragraphs (j) through
(n) as paragraphs (k) through (o), respectively; and adding a new
paragraph (j) to read as follows:
Sec. 20.3 Definitions.
* * * * *
(j) 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 section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (j)(1),(2), or (3) of this section.
* * * * *
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
----------------------------------------------------------------------------------------------------------------
20.1, last sentence.................. programs and activities programs or activities
20.2(a).............................. or benefits from
20.4(d).............................. program program or activity
20.7, introductory text.............. programs and activities programs or activities
20.7(a), first sentence program program or activity
20.13(a)(2),last sentence program
20.15(a)(1), last sentence program program or activity
20.15(b) program and activity program or activity
20.15(c)(2), first sentence Federal
20.18(b)(2) program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 76481]]
Dated: August 11, 2000.
Lawrence N. Self,
Acting Director, Office of Civil Rights, Department of Commerce.
TENNESSEE VALLEY AUTHORITY
18 CFR Chapter XIII
RIN 3316-AA20
Authority and Issuance
For the reasons set forth in the joint preamble, TVA proposes to
amend 18 CFR chapter XIII, parts 1302, 1307, and 1309 as set forth
below:
PART 1302--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF
TVA--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 1302 continues to read as
follows:
Authority: TVA Act, 48 Stat. 58 (1933), as amended, 16 U.S.C.
831-831dd, and sec. 602 of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-1.
2. Section 1302.3 is amended by adding a new paragraph (e) to read
as follows:
Sec. 1302.3 Definitions.
* * * * *
(e) Program or activity and program refer to all of the operations
of any entity described in paragraphs (e)(1) through (4) of this
section, any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1), (2), or (3) of this section.
3. 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
----------------------------------------------------------------------------------------------------------------
1302.2, introductory text, first program in which program for which
sentence.
1302.2, introductory text, second programs types of Federal financial
sentence. assistance
1302.2(b)............................ under any such program
1302.2(c)............................ under any such program
1302.2, concluding text, first a program a type of Federal financial
sentence. assistance
1302.2, concluding text, first such program a program
sentence.
1302.2, concluding text, last programs types of Federal financial
sentence. assistance
1302.4(b)(1), introductory text...... under any program or activity
1302.5(a), last sentence............. in the program
1302.5(b), first sentence............ through a program of with
1302.5(b), second sentence........... under a program of with
1302.5(b), third sentence............ program statute
1302.6(b), last sentence............. of any program under in
1302.6(d)............................ program under which program for which
1302.7(b)(3)(ii)..................... program programs
1302.7(c)(3)(ii)(B).................. program programs
1302.9(e), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1302.10(f)........................... under the program involved to which this regulation
applies
1302.10(f)........................... assistance will assistance to which this
regulation applies will
1302.10(f)........................... under such program
1302.12(a), introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
PART 1307--NONDISCRIMINATION WITH RESPECT TO HANDICAP
4. The authority citation for part 1307 continues to read as
follows:
Authority: TVA Act, 48 Stat. 58 (1933) as amended, 16 U.S.C.
831-831dd (1976) and sec. 504 of the Rehabilitation Act of 1973,
Pub. L. 93-112, as amended, 29 U.S.C. 794 (1976; Supp. II 1978).
5. Section 1307.1 is amended by adding paragraph (k) to read as
follows:
Sec. 1307.1 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 section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
[[Page 76482]]
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.
6. The heading of Sec. 1307.4 is revised to read as follows:
Sec. 1307.4 Discrimination prohibited.
* * * * *
7. Section 1307.6 is amended by revising the section heading and
the first sentence of paragraph (b)(1) to read as follows:
Sec. 1307.6 Accessibility.
* * * * *
(b) * * *
(1) Each program or activity subject to this part shall be operated
so that when each part is viewed in its entirety it is readily
accessible to and usable by qualified handicapped persons. * * *
* * * * *
8. 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
----------------------------------------------------------------------------------------------------------------
1307.3, first sentence............... program in which program or activity for which
1307.3, first sentence............... under any program
1307.3, first sentence............... under any such program
1307.4(b)(1), introductory text...... under any program
1307.4(b)(1)(i)...................... program program or activity
1307.4(b)(1)(ii)..................... program program or activity
1307.4(b)(1)(iii).................... program program or activity
1307.4(b)(1)(iv)..................... program program or activity
1307.4(b)(1)(v)...................... program program or activity
1307.4(b)(1)(vi)..................... program program or activity
1307.4(b)(1)(vii).................... program program or activity
1307.4(b)(2)......................... program program or activity
1307.4(b)(2)......................... activities aid, benefits, or services
1307.4(b)(3)(ii)..................... program program or activity
1307.4(b)(4)......................... program, program or activity,
1307.4(b)(4)(i)...................... program program or activity
1307.4(c)............................ the benefits of a program aid, benefits, or services
1307.4(c)............................ from a program from aid, benefits, or
services
1307.4(d), first sentence............ programs and activities programs or activities
1307.4(d), last sentence............. programs aid, benefits, or services
1307.5(c)(8)......................... social those that are social
1307.5(c)(8)......................... programs
1307.5(d)............................ apprenticeship programs apprenticeships
1307.5(e)(2)(i)...................... programs programs or activities
1307.6(a)............................ program program or activity
1307.6(b)(1), third sentence......... program
1307.6(b)(1), last sentence.......... programs or activities aid, benefits, or services
1307.6(b)(2), introductory text, make covered programs or activities in comply with
paragraph (b)(1)
second sentence. existing facilities recipient accessible of this section
1307.6(c), second sentence........... program
1307.6(c), fourth sentence........... program
1307.6(d)(1)......................... program program or activity
1307.7(a), last sentence............. in the program
1307.7(b), first sentence............ through a program of with
1307.7(b), second sentence........... under a program of with
1307.7(b), third sentence............ program statute
1307.8(b), last sentence............. of any program under in
1307.8(d)............................ program under which program or activity for which
1307.10(c), last sentence............ program program or activity
1307.11(e) first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1307.12(f)........................... under the program involved to which this regulation
applies
1307.12(f)........................... assistance will assistance to which this
regulation applies will
1307.12(f)........................... under such program
1307.13(a)(2)........................ program program or activity
1307.13(b), first sentence........... programs programs or activities
----------------------------------------------------------------------------------------------------------------
PART 1309--NONDISCRIMINATION WITH RESPECT TO AGE
9. The authority citation for part 1309 continues to read as
follows:
Authority: TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16
U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act
of 1975, 89 Stat. 729 (1975), as amended, 42 U.S.C. 6103 (1976).
10. Section 1309.1 is amended by adding paragraph (m) to read as
follows:
Sec. 1309.1 What are the defined terms in this part and what do they
mean?
* * * * *
[[Page 76483]]
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
11. The heading for Sec. 1309.4 is revised to read as follows:
Sec. 1309.4 What programs or activities are covered by the Act and
this part?
* * * * *
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
----------------------------------------------------------------------------------------------------------------
1309.2, last sentence................ programs and activities programs or activities
1309.9(a), last sentence............. in the program
1309.9(b), second sentence........... under a program of with
1309.9(b), third sentence............ program statute
1309.10(a), first sentence........... programs and activities programs or activities
1309.12(a), last sentence............ of any program under in
1309.12(c)........................... program under which program or activity for which
1309.14(a), third sentence........... program
1309.14(d)(2), last sentence......... program
1309.15(b), first sentence........... program program
139.15(c)(2), first sentence......... the TVA program the program
1309.16, last sentence............... program or activity Federal financial assistance
1309.17(e), first sentence........... programs Federal statutes,
authorities, of other means
by which Federal financial
assistance is extended and
1309.17(f)(3)........................ under the program involved to which this regulation
applies
1309.17(f)(3)........................ assistance will assistance to which this
regulations applies will
1309.17(f)(3)........................ under such program
1309.18(c)........................... program program or activity
----------------------------------------------------------------------------------------------------------------
Dated: August 30, 2000.
Franklin E. Alford,
Manager, Supplier and Diverse Business Relations, Tennessee Valley
Authority.
DEPARTMENT OF STATE
22 CFR Chapter I
RIN 1400-AB17
Authority and Issuance
For the reasons set forth in the joint preamble, the Department of
State proposes to amend 22 CFR chapter I, parts 141 through 143 as set
forth below:
PART 141--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF STATE--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964
1. The authority citation for part 141 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252, sec. 4, 63 Stat. 111, as
amended; 42 U.S.C. 2000d-1, 22 U.S.C. 2658.
2. Section 141.3 is amended by revising the heading of paragraph
(c) to read as follows:
Sec. 141.3 Discrimination prohibited.
* * * * *
(c) Special benefits. * * *
* * * * *
3. Section 141.4 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 141.4 Assurances required.
* * * * *
(b) * * * (2) 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 as students, 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.
* * * * *
4. Section 141.12 is amended by revising paragraph (f) to read as
follows:
Sec. 141.12 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
[[Page 76484]]
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or (ii) A local educational
agency (as defined in section 8801 of title 20), system of vocational
education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
Appendix A to Part 141 [Amended]
5. The heading for appendix A to part 141 is amended by removing
the words ``Grants and Activities'' and adding, in their place, the
words ``Federal Financial Assistance''.
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
141.2, first sentence................ federally-assisted programs and types of Federal
financial
activities. assistance
141.2, second sentence............... under any such program
141.2(b)............................. under any such program
141.2(c)............................. under any such program
141.2, penultimate................... program or activity type of Federal financial
assistance
141.2, penultimate................... such program a program sentence
141.3(b)(1), introductory text....... under any program
141.3(c)............................. the benefits of a program benefits
141.4(a)(1), first sentence.......... to carry out a program
141.4(a)(2), third sentence.......... a program of
141.4(a)(3), first sentence.......... for each program,
141.4(a)(3), first sentence.......... in the program
141.4(b)(1).......................... a student loan program student loans
141.5(b), last sentence.............. of any program under in
141.5(d)............................. program under which program for which
141.8(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
141.9(f)............................. under the program involved to which this regulation
applies
141.9(f)............................. assistance will assistance to which this
regulation applies will
141.9(f)............................. under such program
141.12(c)............................ the program extending
141.12(g)............................ for any program,
141.12(g)............................ under any such program
141.12(h)............................ for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------
PART 142--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 142 is revised to read as set forth above.
8. The authority citation for part 142 continues to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 142.3 is amended by adding paragraph (m) to read as
follows:
Sec. 142.3 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or (ii) The entity
of such State or local government that distributes such assistance and
each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of
assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
10. Section 142.4 is amended by revising the heading of paragraph
(c) to read as follows:
Sec. 142.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
11. The heading for subpart C is revised to read as follows:
[[Page 76485]]
Subpart C--Accessibility
12. Section 142.16 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 142.16 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to and usable by handicapped
persons. * * *
* * * * *
Appendix to Part 142 [Amended]
13. The heading for appendix A to part 142 is amended by removing
the words ``Grants and Activities'' and adding, in their place, the
words ``Federal Financial Assistance''.
14. The introductory text for appendix A to part 142 is amended by
removing the words ``Programs of'' and adding, in their place, the
words ``Types of Federal''.
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
----------------------------------------------------------------------------------------------------------------
142.2, introductory text, first all programs all programs or activities
sentence.
142.2, introductory text, first federally-assisted programs and activities types of
Federal financial
sentence. assistance
142.2, introductory text, second under any such program
sentence.
142.2(b)............................. under any such program
142.2(c)............................. under any such program
142.2(d), last sentence.............. program Federal financial assistance
142.4(a)............................. or benefits from
142.4(b)(1)(v)....................... recipients program recipient's program or
activity
142.4(b)(3).......................... programs or activities aid, benefits, or services
142.4(b)(4)(ii)...................... program program or activity
142.4(b)(5)(i)....................... or benefits from
142.4(b)(6).......................... or benefiting from
142.4(c)............................. the benefits of a program aid, benefits, or services
142.4(d)............................. programs and activities programs or activities
142.4(e)............................. programs and activities programs or activities
142.5(a), first sentence............. for a program or activity
142.5(a), first sentence............. program will program or activity will
142.6(a)(3)(i)....................... program program or activity
142.6(a)(3)(ii)...................... program program or activity
142.8(a), second sentence............ programs and activities programs or activities
142.11(a)(3), last sentence.......... apprenticeship programs apprenticeships
142.11(b)(8)......................... social those that are social
142.11(b)(8)......................... programs
142.12(a)............................ program program or activity
142.12(c), introductory text......... program program or activity
142.12(c)(1)......................... program program or activity
142.16(b), last sentence............. offer programs and activities to serve
142.16(d)(3)......................... program accessibility accessibility under paragraph
(a) of this section
142.41............................... programs and activities programs or activities
142.41............................... or benefit from
142.43(a)............................ program or activity aid, benefits, or services
142.43(b)............................ programs activities programs or activities
142.43(d)............................ programs and activities programs or activities
142.44(a), second sentence........... program of
142.44(c)............................ in its program
142.44(d)(1)......................... under the education program or activity
operated by the recipient
142.47(a)(1), first sentence......... programs and activities aid, benefits, or services
142.61............................... programs and activities programs or activities
142.61............................... or benefit from
----------------------------------------------------------------------------------------------------------------
PART 143--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
16. The authority citation for part 143 is revised to read as
follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 et seq.); 22 U.S.C. 2658; 45 CFR part 90.
17. The heading of Sec. 143.2 is revised to read as follows:
Sec. 143.2 To what programs or activities do these regulations apply?
* * * * *
18. Section 143.3 is amended by redesignating paragraphs (b)(2) and
(b)(3) as paragraphs (b)(3) and (b)(4) and adding a new paragraph
(b)(2) to read as follows:
Sec. 143.3 Definitions.
* * * * *
(b) * * *
(2) Program or activity means all of the operations of any entity
described in paragraphs (b)(2)(i) and (iv) of this section, any part of
which is extended Federal financial assistance:
(i)(A) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) 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;
(ii)(A) A college, university, or other postsecondary institution,
or a public system of higher education; or
(B) A local educational agency (as defined in section 8801 of title
20),
[[Page 76486]]
system of vocational education, or other school system;
(iii)(A) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(1) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(2) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(B) 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
(iv) Any other entity which is established by two or more of the
entities described in paragraph (b)(2)(i), (ii), or (iii) of this
section.
* * * * *
Appendix A to Part 143 [Amended]
19. The heading for appendix A to part 143 is amended by removing
the word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
20. The undesignated center heading in appendix A to part 143 is
amended by removing the words ``Programs of'' and adding, in their
place, the words ``Types of Federal''.
Appendix B to Part 143 [Amended]
21. The heading for appendix B to part 143 is amended by removing
the word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
22. The undesignated center heading in appendix B to part 143 is
amended by removing the words ``Programs of'' and adding, in their
place, the words ``Types of Federal''.
Appendix C to Part 143 [Amended]
23. The heading for appendix C to part 143 is amended by removing
the word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
24. The undesignated center heading in appendix C to part 143 is
amended by removing the words ``Program of'' and adding, in their
place, the words ``Types of Federal''.
25. 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
----------------------------------------------------------------------------------------------------------------
143.1, last sentence................. programs and activities programs or last activities
143.2................................ or benefits from
143.21............................... programs and activities programs or activities
143.34(a)(2), last sentence.......... program
143.36(c)(2), first sentence......... Federal
143.39(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: August 24, 2000.
Bonnie Cohen,
Under Secretary of State for Management.
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Chapter II
RIN 0412-AA45
Authority and Issuance
For the reasons set forth in the joint preamble, AID proposes to
amend 22 CFR chapter II, parts 209, 217, and 218, as set forth below:
PART 209--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
AGENCY FOR INTERNATIONAL DEVELOPMENT--EFFECTUATION OF TITLE VI OF
THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 209 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252, and sec. 621, Foreign
Assistance Act of 1961, 75 Stat. 445; 22 U.S.C. 2402.
2. Section 209.3 is amended by revising paragraph (g) to read as
follows:
Sec. 209.3 Definitions.
* * * * *
(g) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (g)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
3. Section 209.5 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 209.5 Assurance required.
* * * * *
(b) * * *
(2) 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 as students 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.
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:
[[Page 76487]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
209.2, first sentence............... federally assisted programs and activities types of
Federal financial
assistance
209.2, second sentence............... under any such program
209.2(b)............................. under any such program
209.2(c)............................. under any such program
209.2, last sentence................. program Federal financial assistance
209.3(f)............................. for the purpose of carrying out a program
209.3(h)............................. for any program,
209.3(h)............................. under any such program
209.4(b)(1), introductory text....... under any program
209.5(a)(1), first sentence.......... to carry out a program
209.5(a)(1), first sentence.......... except a program except an application
209.5(a)(1), fifth sentence.......... for each program
209.5(a)(1), fifth sentence.......... in the program
209.5(a)(2), first sentence.......... through a program of with
209.5(a)(2), second sentence......... under a program of with
209.5(a)(2), third sentence.......... program statute
209.5(b)(1).......................... for a student assistance program for student
assistance
209.6(b), last sentence.............. of any program under in
209.6(d)............................. under for
209.9(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
209.10(e)............................ under the program involved to which this regulation
applies
209.10(e)............................ assistance will assistance to which this
regulation applies will
209.10(e)............................ under such program
209.12(a),first sentence............. under such program
209.13............................... programs Federal financial assistance
----------------------------------------------------------------------------------------------------------------
PART 217--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
5. The heading for part 217 is revised to read as set forth above.
6. The authority citation for part 217 continues to read as
follows:
Authority: 29 U.S.C. 794, unless otherwise noted.
7. Section 217.3 is amended by adding a new paragraph (l) to read
as follows:
Sec. 217.3 Definitions.
* * * * *
(l) Program or activity means all of the operations of any entity
described in paragraphs (l)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (l)(1), (2), or (3) of this section.
8. Section 217.4 is amended by revising the heading of paragraph
(c) to read as follows:
Sec. 217.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
Subpart C of Part 217 [Amended]
9. The heading for subpart C is amended by removing the word
``Program''.
10. Section 217.22 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 217.22 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
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
----------------------------------------------------------------------------------------------------------------
217.2, first sentence................ programs carried programs or activities
carried
217.2, first sentence................ federally assisted programs and activities types of
Federal financial
assistance
217.2, second sentence............... under any such program
217.2(b)............................. under any such program
217.2(c)............................. under any such program
217.2, last sentence................. program Federal financial assistance
[[Page 76488]]
217.4(a)............................. or benefits from
217.4(b)(1)(v)....................... program program or activity
217.4(b)(3).......................... programs or activities aid, benefits, or service
217.4(b)(4)(ii)...................... program program or activity
217.4(b)(5)(i)....................... or benefits from
217.4(b)(6).......................... or benefiting from
217.4(c)............................. the benefits of a program aid, benefits, or services
217.4(c)............................. from a program from aid, benefits, or
services
217.5(a), first sentence............. for a program or activity
217.5(a), first sentence............. the program the program or activity
217.6(a)(3)(i)....................... program program or activity
217.6(a)(3)(ii)...................... program program or activity
217.6(a)(3)(iii)..................... program program or activity
217.8(a), second sentence............ programs and activities programs or activities
217.11(a)(3), last sentence.......... apprenticeship programs apprenticeships
217.11(b)(8)......................... social those that are social or
recreational
217.11(b)(8)......................... programs
217.12(a)............................ program program or activity
217.12(c), introductory text......... program program or activity
217.12(c)(1)......................... program program or activity
217.14(b)............................ programs program
217.22(b), last sentence............. offer programs and activities to serve
217.22(d)(3)......................... program accessibility accessibility under Sec.
217.22(a)
217.41............................... programs and activities programs or activities
217.41............................... or benefit from
217.43(a)............................ program or activity aid, benefits, or services
217.43(d)............................ programs and activities program or activity
217.44(a), second sentence........... program of
217.44(c)............................ in its program
217.44(d)(1)......................... under the education program or activity
operated by the recipient
217.47(a)(1), first sentence......... programs and activities aid, benefits, or services
----------------------------------------------------------------------------------------------------------------
PART 218--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
12. The authority citation for part 218 continues to read as
follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq.; 45 CFR part 90; 22 U.S.C. 2658, unless otherwise
noted.
13. The heading for Sec. 218.02 is revised to read as follows:
Sec. 218.02 To what programs or activities do these regulations apply?
* * * * *
14. Section 218.03 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 218.03 Definitions.
* * * * *
(b) * * *
(4) Program or activity means all of the operations of any entity
described in paragraphs (b)(4)(i) through (iv) of this section, any
part of which is extended Federal financial assistance:
(i)(A) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) 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;
(ii)(A) A college, university, or other postsecondary institution,
or a public system of higher education; or
(B) A local educational agency (as defined in section 8801 of title
20), system of vocational education, or other school system;
(iii)(A) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(1) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(2) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(B) 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
(iv) Any other entity which is established by two or more of the
entities described in paragraph (b)(4)(i), (ii), or (iii) of this
section.
Appendices A, B, and C to Part 218 [Amended]
15. The headings for appendices A, B, and C to part 218 are amended
by removing the words ``Affected Programs'' and adding, in their place,
the words ``Types of Federal Financial Assistance''.
16. The undesignated center headings immediately following the
headings for appendices A and B to part 218 are amended by removing the
words ``Programs of'' and adding, in their place, the word ``Federal''.
17. The undesignated center heading immediately following the
heading for Appendix C to part 218 is amended by removing the words
``Program of'' and adding, in their place, the word ``Federal''.
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:
[[Page 76489]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
218.01, last sentence................ programs and activities programs or activities
218.02............................... or benefits from
218.21............................... programs and activities program or activities
218.34(a)(2), last sentence.......... program
218.36(c)(2)......................... Federal
218.39(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: August 23, 2000.
Jessalyn L. Pendarvis,
Director, Office of Equal Opportunity Programs, Agency for
International Development.
DEPARTMENT OF JUSTICE
28 CFR Chapter I
[A.G. Order No. 2334-2000]
RIN 1190-AA49
Authority and Issuance
For the reasons set forth in the joint preamble, DOJ proposes to
amend 28 CFR chapter I, part 42 as set forth below:
PART 42--NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES
AND PROCEDURES
Subpart C--Nondiscrimination in Federally Assisted Programs--
Implementation of Title VI of the Civil Rights Act of 1964 \1\
\1\See also 28 CFR 5. Guidelines for enforcement of Title VI,
Civil Rights Act.
1. The authority citation for subpart C is revised to read as
follows:
Authority: 42 U.S.C. 2000d--2000d-7; E.O. 12250, 45 FR 72995, 3
CFR, 1980 Comp., p. 298.
2. Section 42.102 is amended by revising paragraph (d) to read as
follows:
Sec. 42.102 Definitions.
* * * * *
(d) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (d)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (d)(1), (2), or (3) of this section.
* * * * *
3. Section 42.104 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 42.104 Discrimination prohibited.
* * * * *
(b) * * *
(4) For the purposes of this section the disposition, services,
financial aid, or benefits provided under a program receiving Federal
financial assistance shall be deemed to include all portions of the
recipient's program or activity, including facilities, equipment, or
property provided with the aid of Federal financial assistance.
* * * * *
4. Section 42.105 is amended by revising paragraph (b), paragraph
(c)(2), and the heading of paragraph (d) to read as follows:
Sec. 42.105 Assurance required.
* * * * *
(b) 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 shall extend to any
other department, agency, or office of the same governmental unit if
the policies of such other department, agency, or office will
substantially affect the project for which Federal financial assistance
is requested.
(c) * * *
(2) The assurance required with respect to an academic institution,
detention or correctional facility, or any other institution or
facility, insofar as the assurance relates to the institution's
practices with respect to admission or other treatment of individuals
as students, patients, wards, inmates, persons subject to control, or
clients of the institution or facility or to the opportunity to
participate in the provision of services, disposition, treatment, or
benefits to such individuals, shall be applicable to the entire
institution or facility.
(d) Continuing Federal financial assistance. * * *
* * * * *
5. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
42.102(f)............................ for any program,
42.102(f)............................ under any such program
42.102(g)............................ for the purpose of carrying out a program
42.103, introductory text, second under any such program
sentence.
42.104(b)(1), introductory text...... under any program
42.105(a)(1), first sentence......... to carry out a program
42.105(a)(1), fourth sentence........ for each program
[[Page 76490]]
42.105(a)(1), fourth sentence........ in the program
42.105(a)(2), first sentence......... through a program of with
42.105(a)(2), second sentence........ under a program of with
42.105(a)(2), last sentence.......... program statute
42.105(d), introductory text......... administering a program which receives applying for
42.106(b), last sentence............. of any program under in
42.106(d)............................ program under which program for which
42.109(e), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
42.110(f)............................ under the program involved to which this regulation
applies
42.110(f)............................ assistance will assistance to which this
regulation applies will
42.110(f)............................ under such program
----------------------------------------------------------------------------------------------------------------
6. The heading for subpart G is revised to read as follows:
Subpart G--Nondiscrimination Based on Handicap in Federally
Assisted Programs or Activities--Implementa- tion of Section 504 of
the Rehabilitation Act of 1973
7. The authority citation for subpart G continues to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 29 U.S.C. 706, 794;
E.O. 12250.
Sec. 42.520 [Amended]
8. The undesignated center heading immediately preceding
Sec. 42.520 is amended by removing the word ``Program.''
9. Section 42.521 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 42.521 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this subpart applies so that when each part is viewed
in its entirety it is readily accessible to and usable by handicapped
persons. * * *
* * * * *
10. Section 42.540 is amended by revising paragraph (h) to read as
follows:
Sec. 42.540 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h) (1) through (4) of this section, any part
of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
Appendix A to Subpart 6 of Part 42 [Amended]
11. The Note in appendix A to subpart G is amended by removing the
word ``program'' and adding, in its place, the words ``program or
activity.''
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
----------------------------------------------------------------------------------------------------------------
42.501............................... program program or activity
42.502, first sentence............... program program or activity
42.502, first sentence............... or benefiting from
42.502, last sentence................ program program or activity
42.503(a)............................ program program or activity
42.503(a)............................ or benefiting from
42.503(b)(1), introductory text...... program program or activity
42.503(b)(1)(i)...................... program program or activity
42.503(b)(1)(ii)..................... program program or activity
42.503(b)(1)(iv)..................... program program or activity
42.503(b)(1)(vi)..................... program program or activity
42.503(b)(2)......................... program program or activity
42.503(b)(2)......................... program aid, benefits, or services
42.503(b)(3)......................... program program or activity
42.503(b)(4)......................... program program or activity
42.503(b)(5)......................... a program aid, benefits, or services
42.503(b)(5)......................... any program any program or activity
42.503(b)(6)......................... program entity
42.503(c)............................ programs aid, benefits, or services
[[Page 76491]]
42.503(d)............................ programs programs or activities
42.503(f), first sentence............ program program or activity
42.504(a), first sentence............ program program or activity
42.504(a), second sentence........... for each of its assistance programs
42.504(a), second sentence........... program program or activity
42.504(b)............................ program program or activity
42.505(a), last sentence............. program program or activity
42.505(b)............................ program program or activity
42.505(f)(1), second sentence........ programs programs or activities
42.510(a)(1)......................... program program or activity
42.510(a)(1)......................... or benefiting from
42.510(a)(2)......................... program program or activity
42.510(a)(3), last sentence.......... apprenticeship programs apprenticeships
42.510(b)(7)......................... social those that are social
42.510(b)(7)......................... programs
42.511(a)............................ program program or activity
42.511(c), introductory text......... program program or activity
42.511(c)(1)......................... program program or activity
42.520............................... program program or activity
42.521(b), first sentence............ in making its program accessible to its in making
its program or
program accessible activity accessible
42.521(b), last sentence............. offer programs to serve
42.521(b), last sentence............. to obtain the full benefits of the program
42.521(d)(1)......................... program program or activity
42.521(d)(3)......................... program accessibility accessibility underSec.
42.521(a)
42.530(a), first sentence............ programs programs or activities
42.530(b)............................ programs programs or activities
42.530(c)............................ programs programs or activities
42.540(i), first sentence............ programs programs or activities
----------------------------------------------------------------------------------------------------------------
13. The heading for subpart I is revised to read as follows:
Subpart I--Nondiscrimination on the Basis of Age in Federally
Assisted Programs or Activities; Implementation of the Age
Discrimination Act of 1975
14. The authority citation for subpart I continues to read as
follows:
Authority: 42 U.S.C. 6103(a)(4); 45 CFR part 90.
15. Section 42.702 is amended by revising the definition of
``Program or activity'' to read as follows:
Sec. 42.702 Definitions.
* * * * *
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
16. 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
----------------------------------------------------------------------------------------------------------------
42.701(b)............................ programs programs or activities
42.710(b), last sentence............. program program or activity
42.712(a)(2)......................... program program or activity
42.712(b)(2)......................... program program or activity
42.712(c)............................ program program or activity
42.713(b), last sentence............. program program or activity
42.714............................... program program or activity
42.720, first sentence............... program program or activity
42.724(b)............................ program program or activity
42.725............................... programs and activities programs or activities
42.733(b)(1)(i)(A)................... program program or activity
42.733(b)(2), last sentence.......... programs programs or activities
[[Page 76492]]
42.733(b)(3), last sentence.......... program program or activity
----------------------------------------------------------------------------------------------------------------
Dated: October 31, 2000.
Janet Reno,
Attorney General.
DEPARTMENT OF LABOR
29 CFR Subtitle A
RIN 1291-AA31
Authority and Issuance
For the reasons set forth in the joint preamble, DOL proposes to
amend 29 CFR subtitle A, parts 31 and 32 as set forth below:
PART 31--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE
DEPARTMENT OF LABOR--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964
1. The authority citation for part 31 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 501, 29 U.S.C. 49k,
5 U.S.C. 301.
2. Section 31.2 is amended by revising paragraph (g) to read as
follows:
Sec. 31.2 Definitions.
* * * * *
(g) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (g)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
3. Section 31.3 is amended by revising the heading of paragraph
(d)(1) to read as follows:
Sec. 31.3 General standards.
* * * * *
(d) * * *
(1) Employment service. * * *
* * * * *
4. Section 31.6 is amended by revising the heading of paragraph (b)
to read as follows:
Sec. 31.6 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
5. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
31.2(f).............................. for the purpose of carrying out a program
31.2(h).............................. for any program,
31.2(h).............................. under any such program
31.3(b)(1), introductory text........ under any program
31.3(d), introductory text, first programs and activities types of Federal financial
sentence. assistance
31.3(d), introductory text third particular program particular type of Federal
sentence. financial assistance
31.3(d), introductory text, last listed program listed type of Federal
sentence. financial assistance
31.3(d), introductory text, last that program that assistance
sentence.
31.3(d), introductory text, last other programs or activities programs or activities
sentence. receiving other types of
Federal financial assistance
31.5(b), last sentence............... of any program under in
31.5(d).............................. under for
31.6(a)(1), first sentence........... to carry out a program
31.6(a)(1), first sentence........... to carry out such program
31.6(a)(1), first sentence........... except a program except an application
31.6(a)(1), second sentence.......... Every program Every award
31.6(a)(1), sixth sentence........... for each program
31.6(a)(1), sixth sentence........... in this program
31.6(a)(2), second sentence.......... under a program of with
31.6(a)(2), third sentence........... program under statute under
31.6(b), introductory text........... to carry out a program involving for
31.9(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
31.10(e)............................. under the program involved to which this regulation
applies
31.10(e)............................. assistance will assistance to which this
regulation applies will
31.10(e)............................. under such program
31.12(a), first sentence............. under such program
----------------------------------------------------------------------------------------------------------------
[[Page 76493]]
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
6. The heading for part 32 is revised to read as set forth above.
7. The authority citation for part 32 continues to read as follows:
Authority: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93-112,
87 Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation Act
Amendments of 1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C. 706);
secs. 119 and 122 of the Rehabilitation Comprehensive Services and
Developmental Disabilities Amendments of 1978, Pub. L. 95-602, 92
Stat. 2955; Executive Order 11914, 41 FR 17871.
8. Section 32.2 is amended by revising paragraph (a) to read as
follows:
Sec. 32.2 Application.
(a) This part applies to each recipient of Federal financial
assistance from the Department of Labor, and to every program or
activity that receives such assistance.
* * * * *
9. Section 32.3 is amended by adding, in alphabetical order, a
definition of Program or activity to read as follows:
Sec. 32.3 Definitions.
* * * * *
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
10. Section 32.4 is amended by revising the heading of paragraph
(c) to read as follows:
Sec. 32.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, services, or training limited by Federal law. *
* *
* * * * *
11. Section 32.5 is amended by revising paragraph (d) to read as
follows:
Sec. 32.5 Assurances required.
* * * * *
(d) Interagency agreements. Where funds are granted by the
Department to another Federal agency, and where the grant obligates the
recipient agency to comply with the rules and regulations of the
Department applicable to that grant the provisions of this part shall
apply to programs or activities operated with such funds.
12. The heading for subpart B is revised to read as follows:
Subpart B--Employment Practices and Employment Related Training
Participation
13. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
14. Section 32.27 is amended by revising the section heading and
the first sentence of paragraph (a) to read as follows:
Sec. 32.27 Accessibility.
(a) Purpose. A recipient shall operate each program or activity to
which this part applies so that when each part is viewed in its
entirety it is readily accessible to qualified handicapped individuals.
* * *
* * * * *
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
----------------------------------------------------------------------------------------------------------------
32.1................................. or benefiting from
32.1, last sentence.................. programs and activities programs or activities
32.3, definition of Facility......... program program or activity
32.3, definition of Qualified program program or activity
handicapped individual, paragraph
(b).
32.3, definition of Qualified programs
handicapped individual, paragraph
(c).
32.3, definition of Qualified in the program in the program or activity
handicapped individual, paragraph
(c).
32.3, definition of Reasonable training program training
accommodation, introductory text,
first sentence.
32.3, definition of Reasonable an employment employment
accommodation, introductory text,
first sentence.
32.3, definition of Reasonable recipient's program recipient's program or
accommodation, introductory text, activity
first sentence.
32.3, definition of Reasonable where the program where the program or activity
accommodation paragraph (a).
32.4(a).............................. or benefits from
32.4(b)(1)(v)........................ program program or activity
32.4(b)(2)........................... services and training services or training
32.4(b)(3)........................... programs or activities aid, benefits, services, or
training
32.4(b)(4)(ii)....................... program program or activity
[[Page 76494]]
32.4(b)(5)(i)........................ or benefits from
32.4(b)(6)........................... or benefiting from
32.4(b)(7)(i), first sentence........ under programs of receiving
32.4(b)(7)(i), second sentence....... programs of employment employment
32.4(c).............................. the benefits of a program aid, benefits, program
services, or training
32.4(c).............................. individuals from a program individuals from aid,
benefits, services, or
training
32.4(d).............................. programs and activities programs or activities
32.5(a), first sentence.............. for a program or activity
32.5(a), first sentence.............. program will program or activity will
32.5(b)(3)........................... program program or activity
32.6(a)(3)(i)........................ program program or activity
32.6(a)(3)(ii)....................... program program or activity
32.8(a), second sentence............. programs and activities programs or activities
32.10(a)............................. programs programs or activities
32.12(a)(1), last sentence........... programs under programs or activities
32.12(a)(3), last sentence........... apprenticeship programs apprenticeships
32.12(b)(8).......................... social those that are social
32.12(b)(8).......................... programs
32.13(a)............................. program program or activity
32.13(b), introductory text.......... program program or activity
32.13(b)(1).......................... program program or activity
32.13(b)(2).......................... training program training
32.13(d)............................. program program or activity
32.15(c)(1), second sentence......... training programs training
32.17(a), last sentence.............. programs of programs or activities
receiving
32.27(a), third sentence............. particular program particular aid, benefit,
service, or training
32.27(a), third sentence............. program must aid, benefit, service, or
training must
32.27(a), fourth sentence............ program accessibility Accessibility
32.27(a), fourth sentence............ program accessible program or activity
accessible
32.27(b)(1).......................... including including those involving
32.27(b)(1).......................... when when each part is
32.27(b)(2), second sentence......... programs
32.27(c), last sentence.............. offer programs and activities to serve
32.27(e)(3).......................... program accessibility accessibility under Sec.
32.27(a)
32.44(b), second sentence............ programs programs or activities
32.44(b), last sentence.............. of any program under in
32.46(c)(2), last sentence........... program program or activity
32.47(c)............................. programs programs or activities
----------------------------------------------------------------------------------------------------------------
Alexis M. Herman,
Secretary, Department of Labor.
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Chapter I
RIN 2900-AK13
Authority and Issuance
For the reasons set forth in the joint preamble, VA proposes to
amend 38 CFR chapter I, part 18 as set forth below:
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
Subpart A--General
1. The authority citation for subpart A continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the
laws referred to in Appendix A.
2. Section 18.4 is amended by revising the heading of paragraph (b)
and paragraph (d) to read as follows:
Sec. 18.4 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
* * * * *
(d) Extent of application to institution or facility. In the case
where any assurances are required from an academic, a medical care, or
any other institution or facility, insofar as the assurances relate to
the institution's practices with respect to the admission, care, or
other treatment of persons by the institution or with respect to the
opportunity of persons to participate in the receiving or providing of
services, treatment, or benefits, such assurances shall be applicable
to the entire institution or facility.
3. Section 18.13 is amended by revising paragraph (f) to read as
follows:
Sec. 18.13 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
[[Page 76495]]
(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 (f)(1), (2), or (3) of this section.
* * * * *
4. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
18.2, first sentence................. the federally assisted programs and the types of
Federal
activities financial assistance
18.2, second sentence................ under any such program
18.2(b).............................. under any such program
18.2(c).............................. under any such program
18.2, penultimate sentence........... program or activity type of Federal financial
assistance
18.2, penultimate sentence........... such program a program
18.2, last sentence.................. programs types of Federal financial
assistance
18.3(b)(1), introductory text........ under any program
18.4(a)(1), first sentence........... to carry out a program
18.4(a)(1), first sentence........... except a program except an application
18.4(a)(1), second sentence.......... program award
18.4(a)(1), sixth sentence........... for each program,
18.4(a)(1), sixth sentence........... in the program
18.4(b), introductory text, first to carry out a program involving for
sentence.
18.4(b), introductory text, first programs types of Federal financial
sentence. assistance
18.4(b), concluding text............. Under a continuing program
18.6(b), second sentence............. of any program under in
18.6(d).............................. program under program for
18.9(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
18.10(f)............................. under the program involved to which this regulation
applies
18.10(f)............................. assistance will assistance to which this
regulation applies will
18.10(f)............................. under such program
18.12(a), first sentence............. under such program
18.13(h)............................. for any program,
18.13(h)............................. under any such program
----------------------------------------------------------------------------------------------------------------
5. The heading for subpart D is revised to read as follows:
Subpart D--Nondiscrimination on the Basis of Handicap
6. The authority citation for subpart D is revised to read as
follows:
Authority: 29 U.S.C. 706, 794.
7. Section 18.403 is amended by adding paragraph (m) to read as
follows:
Sec. 18.403 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity that is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
Sec. 18.404 [Amended]
8. In Sec. 18.404, the heading of paragraph (c) is amended by
removing the word ``Programs'' and adding, in its place, the words
``Aid, benefits, or services''.
9. Section 18.405 is amended by revising paragraph (c) to read as
follows:
Sec. 18.405 Assurances required.
* * * * *
(c) Extent of application to institution or facility. An assurance
shall apply to the entire institution or facility.
* * * * *
Sec. 18.421 [Amended]
10. The undesignated center heading before Sec. 18.421 is amended
by removing the word ``Program''.
11. In Sec. 18.422, the heading and first sentence of paragraph (a)
are revised to read as follows:
Sec. 18.422 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
[[Page 76496]]
12. The heading of Sec. 18.438 is revised to read as follows:
Sec. 18.438 Adult education.
* * * * *
13. The heading of Sec. 18.439 is revised to read as follows:
Sec. 18.439 Private education.
* * * * *
14. 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
----------------------------------------------------------------------------------------------------------------
18.402............................... or benefits from
18.403(h)(1)......................... a program of
18.404(a)............................ or benefits from
18.404(b)(1)(v)...................... program program or activity
18.404(b)(3)......................... programs or activities aid, benefits, or services
18.404(b)(4)(ii)..................... program program or activity
18.404(b)(5)(i)...................... or benefits from
18.404(b)(6)......................... or benefiting from
18.404(c)............................ a program aid, benefits, or services
18.405(a)............................ for a program or activity
18.405(a)............................ the program the program or activity
18.406(a)(3)(i)...................... program program or activity
18.406(a)(3)(ii)..................... program program or activity
18.406(a)(3)(iii).................... program program or activity
18.408(a), second sentence........... programs and activities programs or activities
18.411(a)(3), last sentence.......... apprenticeship programs apprenticeships
18.411(b)(8)......................... social those that are social
18.411(b)(8)......................... programs
18.412(a)............................ program program or activity
18.412(c), introductory text......... program program or activity
18.412(c)(1)......................... program program or activity
18.422(b), last sentence............. offer programs and activities to serve
18.422(c), last sentence............. programs programs or activities
18.422(e)(3)......................... program accessibility accessibility under paragraph
(a) of this section
18.431............................... programs and activities programs or activities
18.431............................... or benefit from
18.433(b)(2)......................... individualized education program Individualized
Education
Program
18.433(b)(3), first sentence......... in
18.433(b)(3), first sentence......... to a program for aid, benefits, or
services
18.433(b)(3), first sentence......... the one those
18.433(b)(3), first sentence......... operates operates or provides
18.433(c)(1), second sentence........ in
18.433(c)(1), second sentence........ to a program for aid, benefits, or
services
18.433(c)(1), second sentence........ operated operated or provided
18.433(c)(1), second sentence........ the program the aid, benefits, or
services
18.433(c)(2)......................... in
18.433(c)(2)......................... to a program for aid, benefits, or
services
18.433(c)(2)......................... operated operated or provided
18.433(c)(2)......................... the program the aid, benefits, or
services
18.433(c)(4), last sentence.......... such a program a free appropriate public
education
18.435(a)............................ education program education program or activity
18.435(a)............................ in a regular or special program in regular or
program special
education
18.435(b), introductory text......... programs and activities programs or activities
18.435(b), introductory text......... or benefit from
18.437(a)(1)......................... or benefit from
18.437(b)............................ or benefit from
18.437(c)(1), first sentence......... programs and activities aid, benefits, or services
18.437(c)(1), first sentence......... or benefits from
18.437(c)(1), last sentence.......... in these activities
18.438, first sentence............... operates an provides
18.438, first sentence............... program or activity
18.438, first sentence............... from the program or activity
18.438, last sentence................ under the program or activity
18.439(a)............................ operates a provides
18.439(a)............................ education program education
18.439(a)............................ from that program
18.439(a)............................ the recipient's program that recipient's program or
activity
18.439(c)............................ operates provides
18.439(c)............................ programs shall operate those programs shall do so
18.441............................... programs and activities programs or activities
18.441............................... or benefit from
18.443(a)............................ program or activity aid, benefits, or services
18.443(d)............................ programs and activities program or activity
18.444(a), last sentence............. program of
18.444(c)............................ in its program
18.444(d)(1)......................... under the education program or activity
operated by the recipient
[[Page 76497]]
18.447(a)(1), first sentence......... programs and activities aid, benefits, or services
18.451............................... programs and activities programs or activities
18.451............................... or benefit from
18.454, first sentence............... program or activity program or activity that
provides aid, benefits, or
services
----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age
15. The authority citation for subpart E continues to read as
follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101, et seq.; 45 CFR part 90 (1979).
16. Section 18.503 is amended by redesignating paragraphs (j)
through (l) as paragraphs (k) through (m), and adding a new paragraph
(j) to read as follows:
Sec. 18.503 Definitions.
* * * * *
(j) 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 section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity that is established by two or more of the
entities described in paragraph (j)(1), (2), or (3) of this section.
Appendix B to Subpart E to Part 18 [Amended]
17. The heading for appendix B to subpart E to part 18 is amended
by removing the word ``Programs''.
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
----------------------------------------------------------------------------------------------------------------
18.501, last sentence................ programs and activities programs or activities
18.531............................... programs and activities programs or activities
18.532............................... programs and activities programs or activities
18.544(a)(2), last sentence.......... program
18.546(b), first sentence............ program and activity program or activity
18.546(c)(2), first sentence......... Federal
18.549(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: August 14, 2000.
Hershel W. Gober,
Acting Secretary, Department of Veterans Affairs.
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
RIN 2020-AA43
Authority and Issuance
For the reasons set forth in the joint preamble, EPA proposes to
amend 40 CFR chapter I, part 7 as set forth below:
PART 7--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING
FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY
1. The heading for part 7 is revised to read as set forth above.
2. The authority citation for part 7 is revised to read as follows:
Authority: 42 U.S.C. 2000d to 2000d-7; 29 U.S.C. 794; 33 U.S.C.
1251 nt.
3. Section 7.25 is amended by adding the new definition of
``Program or activity'' in alphabetical order to read as follows:
Sec. 7.25 Definitions.
* * * * *
Program or activity and program mean all of the operations of any
entity described in paragraphs (1) through (4) of this definition, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
[[Page 76498]]
(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 (1), (2), or (3) of this definition.
Sec. 7.55 [Amended]
4. The heading for Sec. 7.55 is amended by removing the word
``programs'' and adding, in its place, the words, ``aid, benefits, or
services''.
5. In Sec. 7.65, the first sentence of paragraph (a) introductory
text and the heading for paragraph (b) are revised to read as follows:
Sec. 7.65 Accessibility.
(a) General. A recipient shall operate each program or activity
receiving EPA assistance so that when each part is viewed in its
entirety it is readily accessible to and usable by handicapped persons.
* * *
* * * * *
(b) Methods of ensuring compliance in existing facilities. * * *
* * * * *
Appendix A to Part 7 [Amended]
6. The heading for appendix A to part 7 is amended by removing the
word ``Programs'' and inserting the words ``Types of'' immediately
before the word ``EPA''.
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
----------------------------------------------------------------------------------------------------------------
7.20(a).............................. compliance programs means of ensuring compliance
7.25, undesignated definition of program
Project Officer.
7.35(a)(1)........................... program program or activity
7.35(a)(2)........................... program program or activity
7.35(a)(3)........................... program program or activity
7.35(a)(4)........................... program program or activity
7.35(a)(5)........................... program program or activity
7.35(a)(6)........................... any program any program or activity
7.35(a)(6)........................... the EPA assistance program EPA assistance
7.35(b).............................. program program or activity
7.35(c).............................. program program or activity
7.50(a)(1)........................... program program or activity
7.50(a)(3)........................... program program or activity
7.50(a)(5)........................... program program or activity
7.50(b).............................. or benefits from
7.50(e).............................. programs aid, benefits, or services
7.55................................. program program or activity
7.55................................. programs programs or activities
7.60(a).............................. or benefits from
7.60(c)(8)........................... social those that are social
7.60(c)(8)........................... programs
7.60(d).............................. apprenticeship programs apprenticeships
7.60(e).............................. program program or activity
7.65(b).............................. offer program benefits to serve
7.65(c)(2) first sentence,........... make a program or activity accessible comply with
paragraph (a) of
this section
7.65(d).............................. assisted program
7.65(e), last sentence............... program statute
7.75, introductory text.............. program program or activity
7.75(a)(3)........................... program accessibility accessibility under Sec.
7.65(a)
7.85(b), first sentence.............. programs programs or activities
7.95(a), first sentence.............. programs programs or activities
7.130(b)(4).......................... program program or activity
----------------------------------------------------------------------------------------------------------------
Dated: October 16, 2000.
Carol M. Browner,
Administrator, Environmental Protection Agency.
GENERAL SERVICES ADMINISTRATION
41 CFR Chapter 101
RIN 3090-AH33
Authority and Issuance
For the reasons set forth in the joint preamble, GSA proposes to
amend 41 CFR chapter 101, parts 101-6 and 101-8 as set forth below:
PART 101-6--MISCELLANEOUS REGULATIONS
Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal
Financial Assistance
1. The authority citation for subpart 101-6.2 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
2. Section 101-6.204-3 is amended by revising the heading to read
as follows:
Sec. 101-6.204-3 Special benefits.
* * * * *
3. Section 101-6.205-2 is amended by revising the heading to read
as follows:
Sec. 101-6.205-2 Continuing Federal financial assistance.
* * * * *
4. Section 101-6.205-4 is amended by revising paragraph (b) to read
as follows:
Sec. 101-6.205-4 Applicability of assurances.
* * * * *
(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
[[Page 76499]]
such individuals, shall be applicable to the entire institution.
* * * * *
5. Section 101-6.216 is amended by revising paragraph (f) to read
as follows:
Sec. 101-6.216 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2) (i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3) (i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of nay 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 (f)(1), (2), or (3) of this section.
* * * * *
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
----------------------------------------------------------------------------------------------------------------
101-6.201............................ 52 42
101-6.201............................ 2000d--2000d-4 2000d--2000d-7
101-6.203(a), last sentence.......... programs involving
101-6.203(b)......................... the programs involving
101-6.203(c)......................... programs types of Federal financial
assistance
101-6.204-2 (a)(4), first sentence... the program a program
101-6.204-3.......................... the benefits of a program benefits
101-6.205-1(a), first sentence....... to carry out a program
101-6.205-1(a), first sentence....... except a program except an application
101-6.205-1(a), fifth sentence....... for each program
101-6.205-1(a), fifth sentence....... in the program
101-6.205-1(b), second sentence...... under a program of with
101-6.205-1(b), third sentence....... program statute
101-6.205-1(d)....................... programs Federal financial assistance
101-6.205-2.......................... to carry out a program involving for
101-6.205-4(c)....................... under a program
101-6.206(b), second sentence........ except as provided in paragraph (b) of
Sec. 101-6.205-4
101-6.206(d)......................... subject to the provisions of Sec. 101-
6.205-4(b)
101-6.209-2, last sentence........... of any program under in
101-6.209-4.......................... program under program for
101-6.212-5, first sentence.......... programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
101-6.213-6.......................... under the program involved to which this regulation
applies
101-6.213-6.......................... assistance will assistance to which this
regulation applies will
101-6.213-6.......................... under such program
101-6.215-1, introductory text, first under such program
sentence.
101-6.216(h)......................... for any program,
101-6.216(h)......................... under any such program
101-6.216(i)......................... for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------
PART 101-8--NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL
FINANCIAL ASSISTANCE
7. The heading for part 101-8 is revised to read as set forth
above.
Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap
8. Section 101-8.301 is amended by adding a new paragraph (f) to
read as follows:
Sec. 101-8.301 Definitions.
* * * * *
(f) The term program or activity means all of the operations of any
entity described in paragraphs (f)(1) through (4) of this section, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private
[[Page 76500]]
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 (f)(1),(2), or (3) of this section.
9. Section 101-8.309 is amended by revising the section heading and
the heading and first sentence of paragraph (b) to read as follows:
Sec. 101-8.309 Accessibility.
* * * * *
(b) 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 to and usable by handicapped
persons. * * *
* * * * *
10. Section 101-8.311 is amended by revising the section heading
and the heading and the first sentence of the introductory text of
paragraph (b)(1) to read as follows:
Sec. 101-8.311 Historic Preservation Programs.
* * * * *
(b) * * * (1) Accessibility. A recipient shall operate any 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. * * *
* * * * *
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
----------------------------------------------------------------------------------------------------------------
101-8.300(b)......................... or benefits from
101-8.302............................ or benefits from
101-8.303(a)(5)...................... program program or activity
101-8.303(c)......................... programs or activities aid, benefits, or services
101-8.303(d)(2)...................... program program or activity
101-8.303(f)......................... or benefitting from
101-8.303(g)......................... the benefits of a program aid, benefits, or services
101-8.303(g)......................... from a program from aid, benefits, or
services
101-8.303(d), first sentence......... programs and activities programs or activities
101-8.305(c), last sentence.......... apprenticeship programs apprenticeships
101-8.305(d)(8)...................... social those that are social
101-8.305(d)(8)...................... programs
101-8.306(a)......................... program program or activity
101-8.306(c), introductory text...... program program or activity
101-8.306(c)(1)...................... program program or activity
101-8.309(a)......................... or benefits from
101-8.309(c), last sentence.......... offer programs and activities to serve
101-8.309(f)(3)...................... program accessibility accessibility under paragraph
(a) of this section
101-8.311(a), introductory text...... the term
101-8.311(a)(1)...................... preservation programs Preservation Programs
101-8.311(a)(1)...................... means programs receiving are those that receive
101-8.311(b)(1), introductory text, program
last sentence.
101-8.311(b)(1)(iv).................. program accessibility accessibility
101-8.311(b)(1), concluding paragraph historic preservation program Historic Preservation
Program
101-8.311(b)(1), concluding paragraph program accessibility accessibility
101-8.311(b)(2), introductory text... program
101-8.311(b)(2)(iii)................. program program or activity
----------------------------------------------------------------------------------------------------------------
Subpart 101-8.7--Discrimination Prohibited on the Basis of Age:
12. The authority citation for subpart 101-8.7 continues to read as
follows:
Authority: 42 U.S.C. 6101 et seq.
13. Section 101-8.703 is amended by redesignating paragraph (k) as
paragraph (l) and by adding a new paragraph (k) to read as follows:
Sec. 101-8.703 Definitions of terms.
* * * * *
(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;
(ii) The entity of such state and local government that distributes
such assistance and each such department or agency (and each other
state or local government entity) to which the assistance is extended,
in the case of assistance to a state or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
* * * * *
[[Page 76501]]
14. 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
----------------------------------------------------------------------------------------------------------------
101-8.701, last sentence............. Federal financial assistance Federally assisted
101-8.701, last sentence............. programs and activities programs or activities
101-8.702(a)......................... that benefits from GSA Federal financial
assistance
101-8.703(g)(2)...................... program policy
101-8.703(j)......................... for the purpose of carrying out a program
101-8.703(l)......................... for any program
101-8.703(l)......................... under any such program
101-8.709............................ program program or activity
101-8.710, first sentence............ program program or activity
101-8.710, second sentence........... programs
101-8.710, second sentence........... provide provides
101-8.710, last sentence............. ``Child Care Center'' program Child Care Center
Program
101-8.710, last sentence............. two programs two types of Federal
financial assistance
101-8.711, first sentence............ programs and activities programs or activities
101-8.712(b)......................... program
101-8.718(a), third sentence......... program
101-8.720(b), first sentence......... program and activity program or activity
101-8.720(c)(2), first sentence...... Federal
101-8.721(e), first sentence......... programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
101-8.725(b)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: August 22, 2000.
Thurman M. Davis, Sr.,
Deputy Administrator, General Services Administration.
DEPARTMENT OF THE INTERIOR
43 CFR Subtitle A
RIN 1090-AA77
Authority and Issuance
For the reasons set forth in the joint preamble, DOI proposes to
amend 43 CFR subtitle A, part 17 as set forth below:
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE
DEPARTMENT OF THE INTERIOR
Subpart A--Nondiscrimination on the Basis of Race, Color, or
National Origin
1. The authority citation for subpart A continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; and the
laws referred to in Appendix A.
2. Section 17.3 is amended by revising the heading of paragraph (d)
to read as follows:
Sec. 17.3 Discrimination prohibited.
* * * * *
(d) Benefits for Indians, natives of certain territories, and
Alaska natives. * * *
3. Section 17.4 is amended by revising the heading of paragraph (b)
and paragraph (d)(2) to read as follows:
Sec. 17.4 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
* * * * *
(d) * * *
(2) 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 as students, 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.
4. Section 17.12 is amended by revising paragraph (f) to read as
follows:
Sec. 17.12 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
Appendix B to Subpart A [Amended]
5. The introductory text for appendix B to subpart A is amended by
removing the word ``programs'' and adding, in its place, the words
``Federal financial assistance.''
6. In the table below, for each section indicated in the left
column, remove the
[[Page 76502]]
text shown in the middle column and add the text shown in the right
column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
17.2(a), second sentence............. under any such program
17.2(a)(2)........................... under any such program
17.2(a)(3)........................... under any such program
17.3(b)(1), introductory text........ under any program
17.3(c)(1), first sentence........... a program of the
17.3(c)(1), first sentence........... assistance assistance to a program
17.3(d), first sentence.............. the benefits of a program benefits
17.3(d), first sentence.............. is limited are limited
17.3(d), first sentence.............. the program is addressed the benefits are addressed
17.3(d), last sentence............... programs benefits
17.4(a)(1), first sentence........... to carry out a program
17.4(a)(1), first sentence........... except a program except an application
17.4(a)(1), second sentence.......... program of award of
17.4(a)(1), sixth sentence........... for each program,
17.4(a)(1), sixth sentence........... in the program
17.4(a)(2), second sentence.......... under a program of with
17.4(a)(2), third sentence........... program statute
17.4(b)(1), introductory text........ to carry out a program involving for
17.4(d)(1)........................... a student assistance program student assistance
17.5(b), last sentence............... of any program under in
17.5(d).............................. program under which program for which
17.8(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
17.9(g).............................. under the program involved to which this regulation
applies
17.9(g).............................. assistance will assistance to which this
regulation applies will
17.9(g).............................. under such program
17.11(a), first sentence............. under such program
17.12(h)............................. for any program,
17.12(h)............................. under such program
17.12(i)............................. for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------
Subpart B--Nondiscrimination on the Basis of Handicap
7. The authority citation for subpart B continues to read as
follows:
Authority: 29 U.S.C. 794.
8. Section 17.202 is amended by adding a new paragraph (q) to read
as follows:
Sec. 17.202 Definitions.
* * * * *
(q) Program or activity means all of the operations of any entity
described in paragraphs (q)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (q)(1), (2), or (3) of this section.
9. Section 17.203 is amended by revising the heading of paragraph
(c) to read as follows:
Sec. 17.203 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
10. The heading for Sec. 17.216 is revised to read as follows:
Sec. 17.216 Accessibility.
* * * * *
11. Section 17.217 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 17.217 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. * * *
* * * * *
12. Section 17.260 is amended by revising the section heading, the
introductory text of paragraph (a), and the first sentence of paragraph
(b)(1) introductory text to read as follows:
Sec. 17.260 Historic Preservation Programs.
(a) Definitions. For the purposes of this section, Historic
Preservation Programs are those that receive Federal financial
assistance that has preservation of historic properties as a primary
purpose.
* * * * *
(b) * * *
[[Page 76503]]
(1) A recipient shall operate any 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.
* * *
* * * * *
13. The section heading and the introductory text of Sec. 17.270
are revised to read as follows:
Sec. 17.270 Recreation.
This section applies to recipients that operate, or that receive
Federal financial assistance for the operation of programs or
activities involving recreation.
* * * * *
14. 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
----------------------------------------------------------------------------------------------------------------
17.201............................... or benefits from
17.202(i)............................ recreation and program spaces spaces, including
those used
for recreation,
17.202(m)............................ programs the recipient
17.202(m)............................ should be available should make its aid,
benefits, or services
available
17.202(n)............................ programs programs or activities
17.203(a)............................ or benefits from
17.203(b)(1)(v)...................... program program or activity
17.203(b)(3)......................... programs or activities aid, benefits, or services
17.203(b)(4)(ii)..................... program program or activity
17.203(b)(5)(i)...................... or benefits from
17.203(b)(6)......................... or benefiting from
17.203(c)............................ the benefits of a program aid, benefits, or services
17.203(c)............................ from a program from aid, benefits, or
services
17.204(a), first sentence............ for a program or activity
17.204(a), first sentence............ the program the program or activity
17.204(c)(4), first sentence......... to carry out a program involving for
17.204(c)(4)(i)...................... program program or activity
17.204(c)(4)(ii)..................... the program the program or activity
17.204(c)(4)(ii)..................... under such program
17.205(a)(3)(i)...................... program program or activity
17.205(a)(3)(ii)..................... program program or activity
17.207(a), second sentence........... programs and activities programs or activities
17.210(a)(2)......................... programs programs or activities
17.210(a)(4), last sentence.......... apprenticeship programs apprenticeships
17.210(b)(8)......................... social those that are social
17.210(b)(8)......................... programs
17.211(a)............................ program program or activity
17.211(c), introductory text......... program program or activity
17.211(c)(1)......................... program program or activity
17.217(b), last sentence............. offer programs and activities to serve
17.217(e)(3)......................... program accessibility accessibility under paragraph
(a) of this section
17.220, first sentence............... programs and activities programs or activities
17.220, first sentence............... or benefit from
17.232, first sentence............... programs and activities programs or activities
17.232, first sentence............... or benefit from
17.250, introductory text............ programs and activities programs or activities
17.250, introductory text............ or benefit from
17.252, first sentence............... activity for activity that provides aid,
benefits, or services for
17.260(b)(1), introductory text, last program
sentence.
17.260(b)(1)(iv)..................... program
17.260(b)(1), concluding text........ historic preservation program Historic Preservation
Program
17.260(b)(1), concluding text........ program accessibility accessibility
17.260(b)(2), introductory text, program
first sentence.
17.260(b)(2), introductory text, last program
sentence.
17.260(b)(2)(iii).................... program program or activity
17.270(a)(1)......................... programs aid, benefits, or services
17.270(a)(2)......................... programs or activities aid, benefits, or services
17.270(a)(5)......................... program or activity aid, benefits, or services
----------------------------------------------------------------------------------------------------------------
Subpart C--Nondiscrimination on the Basis of Age
15. The authority citation for subpart C continues to read as
follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq.; 45 CFR part 90.
16. The heading of Sec. 17.302 is revised to read as follows:
Sec. 17.302 To what programs or activities do these regulations apply?
* * * * *
17. Section 17.303 is amended by redesignating paragraphs (j)
through (m) as paragraphs (k) through (n) and adding a new paragraph
(j) to read as follows:
Sec. 17.303 Definitions.
* * * * *
(j) 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
[[Page 76504]]
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (j)(1), (2), or (3) of this section.
* * * * *
18. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
17.300, first sentence............... programs and activities programs or activities
17.300, last sentence................ programs and activities programs or activities
17.301, last sentence................ programs and activities programs or activities
17.302(a)............................ or benefits from
17.313............................... program program or activity
17.314............................... program program or activity
17.320, first sentence............... programs and activities programs or activities
17.321(b)............................ program
17.333(a)(2), last sentence.......... program
17.335(c)(2), first sentence......... Federal
17.338(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: September 11, 2000.
John Berry,
Assistant Secretary--Policy, Management, and Budget, Department of the
Interior.
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Chapter I
RIN 3067-AD14
Authority and Issuance
For the reasons set forth in the joint preamble, FEMA proposes to
amend 44 CFR chapter I, part 7 as set forth below:
PART 7--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG.
5)
1. The heading for subpart A is revised to read as follows:
Subpart A--Nondiscrimination in FEMA-Assisted Programs--General
2. The authority citation for subpart A continues to read as
follows:
Authority: FEMA Reg. 5 issued under sec. 602, 78 Stat. 252; 42
U.S.C. 2000 d-1; 42 U.S.C. 1855-1855g; 50 U.S.C. 404.
3. Section 7.2 is amended by revising paragraph (d) to read as
follows:
Sec. 7.2 Definitions.
* * * * *
(d) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (d)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (d)(1), (2), or (3) of this section.
* * * * *
4. Section 7.3 is revised to read as follows:
Sec. 7.3 Application of this regulation.
No person in the United States shall, on the ground of race, color,
or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program to which this regulation applies.
5. Section 7.9 is amended by revising paragraph (b) to read as
follows:
Sec. 7.9 Assurances from institutions.
* * * * *
(b) The assurances 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 institutions or to the opportunity to participate in the
provision of services or other benefits to such individuals, shall be
applicable to the entire institution.
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:
[[Page 76505]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
7.2(f)............................... for any program,
7.2(f)............................... under any such program
7.2(g)............................... for the purpose of carrying out a program
7.4, second sentence................. under any such program
7.4(b)............................... under any such program
7.4(c)............................... under any such program
7.5(a), introductory text............ under any program
7.7, first sentence.................. to carry out a program
7.7, fifth sentence.................. for each program,
7.7, fifth sentence.................. in the program
7.10(b), last sentence............... of any program under in
7.10(d).............................. program under which program for which
7.13(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
7.14(f).............................. under the program involved to which this regulation
applies
7.14(f).............................. assistance will assistance to which this
regulation applies will
7.14(f).............................. under such program
7.16(a), first sentence.............. under such program
----------------------------------------------------------------------------------------------------------------
7. The heading for subpart E is revised to read as follows:
Subpart E--Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance From FEMA
8. 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.
9. The heading for Sec. 7.912 is revised to read as follows:
Sec. 7.912 To what programs or activities does this regulation apply?
* * * * *
10. Section 7.913 is amended by adding, in alphabetical order, a
definition of ``Program or activity'' to read as follows:
Sec. 7.913 Definition of terms used in this regulation.
* * * * *
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
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
----------------------------------------------------------------------------------------------------------------
7.910................................ programs and activities programs or activities
7.911, last sentence................. programs, activities programs or activities
7.912(a)............................. or benefits from
7.925................................ program program or activity
7.926................................ program program or activity
7.930, first sentence................ programs and activities programs or activities
7.931(b)............................. program
7.943(a)(2), last sentence........... program
7.945(b), first sentence............. program and activity program or activity
7.945(c)(2), first sentence.......... Federal
7.948(b)(2).......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 76506]]
Pauline C. Campbell,
Director, Office of Equal Rights, Federal Emergency Management Agency.
NATIONAL SCIENCE FOUNDATION
45 CFR Chapter VI
RIN 3145-AA38
Authority and Issuance
For the reasons set forth in the joint preamble, NSF proposes to
amend 45 CFR chapter VI, parts 605, 611, and 617 as set forth below:
PART 605--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
1. The heading for part 605 is revised to read as set forth above.
2. The authority citation for part 605 continues to read as
follows:
Authority: 29 U.S.C. 794.
3. Section 605.3 is amended by adding a new paragraph (m) to read
as follows:
Sec. 605.3 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
Sec. 605.4 [Amended]
4. In Sec. 605.4, the heading of paragraph (c) is amended by
removing the word ``Programs'' and adding, in its place, the words
``Aid, benefits, or services''.
Subpart C to Part 605 [Amended]
5. The heading for subpart C is amended by removing the word
``Program''.
6. In Sec. 605.22, the heading and first sentence of paragraph (a)
are revised to read as follows:
Sec. 605.22 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to qualified handicapped persons.
* * *
* * * * *
Sec. 605.38 [Amended]
7. The heading for Sec. 605.38 is amended by removing the word
``programs''.
Sec. 605.39 [Amended]
8. The heading for Sec. 605.39 is amended by removing the word
``programs''.
9. 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
----------------------------------------------------------------------------------------------------------------
605.0, first sentence................ programs and activities programs or activities
605.2................................ or benefits from
605.3(k)(5), second sentence......... programs aid, benefits, or services
605.3(k)(5), third sentence.......... program
605.4(a)............................. or benefits from
605.4(b)(1)(v)....................... recipients program recipient's program or
activity
605.4(b)(3).......................... programs or activities aid, benefits, or services
605.4(b)(4)(ii)...................... program program or activity
605.4(b)(5)(i)....................... or benefits from
605.4(b)(6).......................... or benefiting from
605.4(c)............................. the benefits of a program aid, benefits, or services
605.4(c)............................. from a program from aid, benefits or
services
605.5(a)............................. under a program or activity
605.5(a)............................. programs programs or activities
605.6(a)(3)(i)....................... program program or activity
605.6(a)(3)(ii)...................... program program or activity
605.8(a), second sentence............ programs and activities programs or activities
605.11(a)(2)......................... programs programs or activities
605.11(a)(4), last sentence.......... apprenticeship programs apprenticeships
605.11(b)(8)......................... social those that are social
605.11(b)(8)......................... programs
605.12(a)............................ program program or activity
605.12(c), introductory text......... program program or activity
605.12(c)(1)......................... program program or activity
605.22(b), last sentence............. offer programs and activities to serve
605.22(e)(3)......................... program accessibility accessibility under paragraph
(a) of this section
605.31............................... programs and activities programs or activities
605.31............................... or benefit from
605.33(b)(2)......................... individualized education program Individualized
Education
Program
[[Page 76507]]
605.33(b)(3), first sentence......... in
605.33(b)(3), first sentence......... to a program for aid, benefits, or
services
605.33(b)(3), first sentence......... the one those
605.33(b)(3), first sentence......... operates operates or provides
605.33(c)(1), second sentence........ in
605.33(c)(1), second sentence........ to a program for aid, benefits, or
services
605.33(c)(1), second sentence........ operated operated or provided
605.33(c)(1), second sentence........ program aid, benefits, or services
605.33(c)(2)......................... person in person
605.33(c)(2)......................... to a program for aid, benefits, or
services
605.33(c)(2)......................... operated operated or provided
605.33(c)(2)......................... the program the aid, benefits, or
services
605.33(c)(3)......................... placement in
605.33(c)(3)......................... program placement
605.33(c)(4), last sentence.......... such a program a free appropriate public
education
605.35(a)............................ program program or activity
605.35(a)............................ a regular or special education program regular or
special education
605.37(c)(1), first sentence......... programs and activities aid, benefits, or first
sentence services
605.37(c)(1), last sentence.......... in these activities
605.38............................... operates a provides
605.38............................... day care program or activity day care
605.38............................... an adult education program or activity adult
education
605.38............................... from the program or activity
605.38............................... under the program or activity
605.39(a)............................ operates a provides
605.39(a)............................ education program education
605.39(a)............................ from such program
605.39(a)............................ the recipient's program that recipient's program or
activity
605.39(c), first sentence............ operates provides
605.39(c), first sentence............ programs shall operate such programs shall do so
605.41............................... programs and activities programs or activities
605.41............................... or benefit from
605.43(a)............................ program or activity aid, benefits, or services
605.43(d)............................ programs and activities program or activity
605.44(a), second sentence........... program of
605.44(c)............................ in its program
605.47(a)(1), first sentence......... programs and activities aid, benefits, or services
605.51............................... programs and activities programs or activities
605.51............................... or benefit from
605.54, first sentence............... activity for activity that provides aid,
benefits, or services for
----------------------------------------------------------------------------------------------------------------
PART 611--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
NATIONAL SCIENCE FOUNDATION--EFFECTUATION OF TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
10. The authority citation for part 611 continues to read as
follows:
Authority: Sec. 11(a), National Science Foundation Act of 1950,
as amended, 42 U.S.C. 1870(a); 42 U.S.C. 2000d-1.
11. Section 611.4 is amended by revising paragraph (c)(2) to read
as follows:
Sec. 611.4 Assurances required.
* * * * *
(c) * * *
(2) 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.
12. Section 611.5 is amended by revising the example 2. to read as
follows:
Sec. 611.5 Illustrative applications.
* * * * *
2. In a research, training, or other 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.
* * * * *
13. Section 611.13 is amended by revising paragraph (f) to read as
follows:
Sec. 611.13 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private
[[Page 76508]]
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 (f)(1), (2), or (3) of this section.
* * * * *
14. 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
----------------------------------------------------------------------------------------------------------------
611.2, first sentence................ Federally assisted programs and activities types of
Federal financial
assistance
611.2, second sentence............... under any such program
611.2(b)............................. under any such program
611.2(c)............................. under any such program
611.2, penultimate sentence.......... program or activity type of Federal financial
assistance
611.2, penultimate sentence.......... such program a program
611.2, last sentence................. programs types of Federal financial
assistance
611.3(b)(1), introductory text....... under any program
611.3(c)(2).......................... Programs Types of Federal financial
assistance
611.4(a)(1), first sentence.......... to carry out a program
611.4(a)(1), fourth sentence......... for each program
611.4(a)(1), fourth sentence......... in the program
611.4(a)(2), second sentence......... under a program of with
611.4(a)(2), third sentence.......... program statute
611.5, introductory text, first programs of programs aided by
sentence.
611.5, example 1., first sentence.... In programs for For
611.5, example 4., first sentence.... grant programs grants
611.6(b), last sentence.............. of any program under in
611.6(d)............................. program under program for
611.9(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
611.10(f)............................ under the program involved to which this regulation
applies
611.10(f)............................ assistance will assistance to which this
regulation applies will
611.10(f)............................ under such program
611.12(a), first sentence............ under such program
611.13(h)............................ for any program,
611.13(h)............................ under any such program
611.13(i)............................ for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------
PART 617--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF
15. The authority citation for part 617 continues to read as
follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101, et seq.; 45 CFR part 90.
Sec. 617.2 [Amended]
16. In Sec. 617.2, the list is amended by adding, in alphabetical
order, the term ``Program or activity.''
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
----------------------------------------------------------------------------------------------------------------
617.1, last sentence................. programs and activities programs or activities
617.8, first sentence................ program or activities program or activity
617.11(a)(2), last sentence.......... program
617.12(a), first sentence............ under for
617.12(c), first sentence............ program program or activity
617.12(e), first sentence............ Federal
617.12(f)(2)(ii)..................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 76509]]
Dated: August 16, 2000.
Lawrence Rudolph,
General Counsel, National Science Foundation.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
45 CFR Chapter XI
RIN 3135-AA17, RIN 3136-AA24, RIN 3137-AA11
Authority and Issuance
For the reasons set forth in the joint preamble, NFAH, composed of
the National Endowment for the Arts, the National Endowment for the
Humanities, and the Institute of Museum and Library Services, proposes
to amend 45 CFR chapter XI, part 1110, as set forth below:
PART 1110--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
1. The authority citation for part 1110 is revised to read as
follows:
Authority: 42 U.S.C. 2000d--2000d-7.
2. Section 1110.4 is amended by revising the heading of paragraph
(b) and paragraph (d)(2) to read as follows:
Sec. 1110.4 Assurances required.
* * * * *
(b) Continuing Federal financial assistance * * *
* * * * *
(d) * * *
(2) 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 as students, 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.
3. Section 1110.5 is amended by revising paragraph (a) to read as
follows:
Sec. 1110.5 Illustrative applications.
* * * * *
(a) In a research, training, or other grant to a university for
activities to be conducted in a graduate school, discrimination in the
admission and treatment of students in the graduate school is
prohibited, and the prohibition extends to the entire university.
* * * * *
4. Section 1110.13 is amended by revising paragraph (g) to read as
follows:
Sec. 1110.13 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
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
----------------------------------------------------------------------------------------------------------------
1110.2, first sentence............... federally assisted programs and activities types of
Federal financial
assistance
1110.2, second sentence.............. under any such program
1110.2, fifth sentence............... program or activity type of Federal financial
assistance
1110.2, fifth sentence............... that such program that a program
1110.2, last sentence................ programs types of Federal financial
assistance
1110.4(a)(1), first sentence......... to carry out a program
1110.4(a)(1), third sentence......... for each program
1110.4(a)(1), third sentence......... in the program
1110.4(a)(2), first sentence......... through a program of with
1110.4(a)(2), second sentence........ under a program of with
1110.4(a)(2), third sentence......... program statute
1110.4(b)............................ to carry out a program involving for
1110.6(b), last sentence............. of any program under in
1110.6(d)............................ program under which program for which
1110.9(e), first sentence............ programs Federal statutes,
authorities, or other means
by which authorities, or
other means by which Federal
financial assistance is
extended and
1110.10(f)........................... under the program involved to which this regulation
applies
1110.10(f)........................... assistance will assistance to which this
regulation applies will
1110.10(f), first sentence........... under such program
1110.13(i)........................... for any program,
1110.13(i)........................... under any such program
1110.13(j)........................... for the purposes of carrying out a program
----------------------------------------------------------------------------------------------------------------
[[Page 76510]]
Dated: August 21, 2000.
Karen Elias,
Deputy General Counsel, National Endowment for the Arts, National
Foundation on the Arts and the Humanities.
Dated: September 11, 2000.
Laura S. Nelson,
Assistant General Counsel, National Endowment for the Humanities,
National Foundation on the Arts and the Humanities.
Dated: August 8, 2000.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services, National
Foundation on the Arts and the Humanities.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Chapter XI
RIN 3135-AA17
Authority and Issuance
For the reasons set forth in the joint preamble, NEA proposes to
amend 45 CFR chapter XI, parts 1151 and 1156, as set forth below:
PART 1151--NONDISCRIMINATION ON THE BASIS OF HANDICAP
1. The authority citation for part 1151 continues to read as
follows:
Authority: 29 U.S.C. 794.
2. Section 1151.3 is amended by adding a new paragraph (h) to read
as follows:
Sec. 1151.3 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
Sec. 1151.21 [Amended]
3. The undesignated center heading immediately preceding
Sec. 1151.21 is amended by removing the word ``Program''.
4. Section 1151.22 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 1151.22 Existing facilities.
(a) A recipient shall operate each program or activity to which
this part applies so that when each part is viewed in its entirety it
is readily accessible to and usable by handicapped persons. * * *
* * * * *
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
----------------------------------------------------------------------------------------------------------------
1151.2............................... or benefits from
1151.4(a), second sentence........... programs and activities programs or activities
1151.16(a)........................... or benefits from
1151.16(b)........................... the benefits of a program aid, benefits, or services
1151.16(c)........................... program program or activity
1151.16(c)........................... or benefiting from
1151.16(e)........................... programs and activities programs or activities
1151.17(a), introductory text........ benefit, service, or program benefit, or service
1151.17(a)(1)........................ program,
1151.17(a)(5)........................ program program or activity
1151.17(b)........................... programs or activities aid, benefits, or services
1151.17(c)(2)........................ program program or activity
1151.17(d)(1)........................ or benefits from
1151.17(e)........................... or benefiting from
1151.18(a)(3)........................ for a specific program offered and offering, for
example, a
specific event
1151.18(a)(3)........................ that program that specific event
1151.18(b)........................... programs aid, benefits, or services
1151.18(d)........................... benefits of the programs and activities aid,
benefits, or services
1151.18(d)........................... programs and activities aid, benefits, or services
1151.18(e)........................... programs and activities programs or activities
1151.22(b), last sentence............ offer programs and activities to serve
1151.22(c)........................... to make programs or, activities in
existing facilities accessible
1151.22(d)(3)........................ program accessibility accessibility under paragraph
(a) of this section
1151.31(a)........................... or benefits from
1151.31(c), last sentence............ apprenticeship programs apprenticeships
1151.31(d)(8)........................ social those that are social
1151.31(d)(8)........................ programs
1151.32(a)........................... program program or activity
1151.32(c), introductory text........ program program or activity
1151.32(c)(1)........................ program program or activity
[[Page 76511]]
1151.41(a), first sentence........... for a program or activity
1151.41(a), first sentence........... the program the program or activity
----------------------------------------------------------------------------------------------------------------
PART 1156--NONDISCRIMINATION ON THE BASIS OF AGE
6. The authority citation for part 1156 continues to read as
follows:
Authority: 42 U.S.C. 6101 et seq.; 45 CFR part 90.
Sec. 1156.2 [Amended]
7. Section 1156.2 is amended by removing the words ``and to each
program or activity that receives or benefits from such assistance'' in
paragraph (a).
8. Section 1156.3 is amended by redesignating paragraphs (h)
through (n) as paragraphs (i) through (o), respectively; and by adding
a new paragraph (h) to read as follows:
Sec. 1156.3 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
9. 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
----------------------------------------------------------------------------------------------------------------
1156.1, last sentence................ programs and activities programs or activities
1156.7(c)............................ program program or activity
1156.10, first sentence.............. programs and activities programs or activities
1156.17(a)(2), last sentence......... program
1156.19(c)(2), first sentence........ Federal
1156.20(b)(2)........................ program or the activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: August 21, 2000.
Karen Elias,
Deputy General Counsel, National Endowment for the Arts.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment For the Humanities
45 CFR Chapter XI
RIN 3136-AA24
Authority and Issuance
For the reasons set forth in the joint preamble, NEH proposes to
amend 45 CFR chapter XI, part 1170 as set forth below:
PART 1170--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY
ASSISTED PROGRAMS OR ACTIVITIES
1. The heading for part 1170 is revised to read as set forth above.
2. The authority citation for part 1170 continues to read as
follows:
Authority: 29 U.S.C. 794.
3. Section 1170.3 is amended by revising paragraph (g) to read as
follows:
Sec. 1170.3 Definitions.
* * * * *
(g) The term program or activity means all of the operations of any
entity described in paragraphs (g)(1) through (4) of this section, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
[[Page 76512]]
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
Subpart D to Part 1170 [Amended]
4. The heading for subpart D is amended by removing the word
``Program''.
5. Section 1170.32 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 1170.32 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
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
----------------------------------------------------------------------------------------------------------------
1170.2............................... or benefits from
1170.3(a)............................ , and
1170.3(a)............................ 95-602 95-602, and by the Civil
Rights Restoration Act of
1987, Pub.L. 100-259
1170.3(d)............................ program program or activity
1170.11.............................. or benefits from
1170.12(a)(5)........................ program program or activity
1170.12(b)........................... programs or activities aid, benefits, or services
1170.12(c)(2)........................ program program or activity
1170.12(d)(1)........................ or benefits from
1170.12(e)........................... the benefits of a program aid, benefits, or services
1170.12(e)........................... from a program from aid, benefits, or
services
1170.12(f)........................... programs and activities programs or activities
1170.13(a)(3)........................ programs aid, benefits, or services
1170.13(a)(3)........................ program aid, benefit, or service
1170.13(a)(4), first sentence........ of a program's
1170.13(c)........................... the programs and activities the program or activity
1170.13(c)........................... museum programs and activities museum aid, benefits,
or
services
1170.13(d)........................... programs and activities programs or activities
1170.21(a)........................... or benefits from
1170.21(c), last sentence............ apprenticeship programs apprenticeships
1170.21(d)(8)........................ social those that are social
1170.21(d)(8)........................ programs
1170.22(a)........................... program program or activity
1170.22(c), introductory text........ program program or activity
1170.22(c)(1)........................ program program or activity
1170.32(b), last sentence............ offer programs and activities to serve
1170.32(d)(3)........................ program accessibility accessibility under paragraph
(a) of this section
1170.41.............................. programs and activities programs or activities
1170.41.............................. or benefit from
1170.43(a)........................... program or activity aid, benefit, or service
1170.43(d)........................... programs and activities program or activity
1170.44(a), second sentence.......... program of
1170.44(c),.......................... in its program
1170.44(d)(1)........................ under the education program or activity
operated by the recipient
1170.47(a)(1), first sentence........ programs and activities aid, benefits, or services
1170.51(a), first sentence........... for a program or activity
1170.51(a), first sentence........... the program the program or activity
1170.52(a)(3)(i)..................... program program or activity
1170.52(a)(3)(ii).................... program program or activity
1170.54(a), second sentence.......... programs and activities programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: September 11, 2000.
Laura S. Nelson,
Assistant General Counsel, National Endowment for the Humanities.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Chapter XII
RIN 3045-AA29
Authority and Issuance
For the reasons set forth in the joint preamble, the Corporation
proposes to amend 45 CFR chapter XII, parts 1203 and 1232 as set forth
below:
PART 1203--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS--
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 1203 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
2. Section 1203.3 is amended by revising paragraph (e) to read as
follows:
Sec. 1203.3 Definitions.
* * * * *
(e) 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;
[[Page 76513]]
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1), (2), or (3) of this section.
* * * * *
3. Section 1203.5 is amended by revising paragraph (b), paragraph
(c)(2), and the heading of paragraph (d) to read as follows:
Sec. 1203.5 Assurances required.
* * * * *
(b) Assurances from Government agencies. In the case of an
application from a department, agency, or office of a State or local
government for Federal financial assistance for a specified purpose,
the assurance required by this section shall extend to any other
department, agency, or office of the same governmental unit if the
policies of the other department, agency, or office will substantially
affect the project for which Federal financial assistance is requested.
(c) * * *
(2) The assurance required by an academic institution, detention or
correctional facility, or any other institution or facility, relating
to the institution's practices with respect to admission or other
treatment of individuals as students, patients, wards, inmates, persons
subject to control, or clients of the institution or facility or to the
opportunity to participate in the provision of services, disposition,
treatment, or benefits to these individuals, is applicable to the
entire institution or facility.
(d) Continuing Federal financial assistance. * * *
* * * * *
Appendix A to Part 1203 [Amended]
4. The heading for appendix A to part 1203 is amended by removing
the word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
Appendix B to Part 1203 [Amended]
5. The heading for appendix B to part 1203 is amended by removing
the word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1203.2(a), introductory text, first federally assisted programs types of Federal financial
sentence. assistance
1203.2(a), introductory text, second under a program
sentence.
1203.2(a)(2)......................... under a program
1203.2(a)(3)......................... under a program
1203.2(a), concluding text, first a program a type of Federal financial
sentence. assistance
1203.2(a), concluding text, first the program a program
sentence.
1203.2(a)(4) concluding text last programs types of Federal financial
sentence. assistance
1203.2(b)............................ as part of the program receiving that
assistance
1203.3(d)............................ for the purpose of carrying out a program
1203.3(f)............................ for any program,
1203.3(f)............................ under a program
1203.4(b)(1), introductory text...... under a program
1203.4(c)(1), first sentence......... a program of the
1203.5(a)(1), first sentence......... to carry out a program
1203.5(a)(1), first sentence......... except a program except an application
1203.5(a)(1), second sentence........ program award
1203.5(a)(1), fifth sentence......... for each program,
1203.5(a)(1), fifth sentence......... in the program
1203.5(a)(2), second sentence........ under a program of with
1203.5(a)(2), third sentence......... program statute
1203.5(d), introductory text......... to carry out a program involving for
1203.5(d), introductory text......... programs types of Federal financial
assistance
1203.6(b), second sentence........... of a program under in
1203.6(d)............................ program under which program for which
1203.9(e), first sentence............ programs Federal statutes,authorities,
or other means by which
Federal financial assistance
is extended and
1203.10(f)........................... under the program involved to which this regulation
applies
1203.10(f)........................... assistance will assistance to which this
regulation applies
1203.10(f)........................... under the programs
1203.12(a), first sentence........... under a program
----------------------------------------------------------------------------------------------------------------
[[Page 76514]]
PART 1232--NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 1232 is revised to read as set forth above.
8. The authority citation for part 1232 continues to read as
follows:
Authority: 29 U.S.C. 794.
9. Section 1232.3 is amended by adding a new paragraph (m) to read
as follows:
Sec. 1232.3 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
Subpart C of Part 1232 [Amended]
10. The heading for subpart C of part 1232 is amended by removing
the word ``Program''.
Sec. 1232.13 [Amended]
11. The heading for Sec. 1232.13 is amended by removing the word
``program''.
12. Section 1232.14 is amended by revising the first sentence of
paragraph (a) and paragraph (b) to read as follows:
Sec. 1232.14 Existing facilities.
(a) A recipient shall operate each program or activity to which
this part applies so that when each part is viewed in its entirety it
is readily accessible and usable by handicapped persons. * * *
(b) A recipient is not required to make structural changes in
existing facilities where other methods are effective in achieving
compliance with this section. Where structural changes are necessary to
comply with paragraph (a) of this section, such changes shall be made
as soon as practicable, but in no event later than three years after
the effective date of the regulation.
* * * * *
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
----------------------------------------------------------------------------------------------------------------
1232.2, first sentence............... or benefits from
1232.2, first sentence............... including volunteer programs such as including, but
not limited to
1232.3(k)............................ under any programs as
1232.4(b)(1)(v)...................... program program or activity
1232.4(b)(2)......................... programs or activities aid, benefits, or services
1232.4(b)(3)(ii)..................... program program or activity
1232.4(b)(4)(i)...................... or benefits from
1232.4(c)............................ the benefits of a program aid, benefits, or services
1232.4(c)............................ from a program from aid, benefits, or
services
1232.4(d)............................ programs and activities programs or activities
1232.4(f)............................ program program or activity
1232.4(f)............................ or benefiting from
1232.5(a), first sentence............ for a program or activity
1232.5(a), first sentence............ program program or activity
1232.5(c)............................ volunteer program program or activity
1232.7(a)(3)(i)...................... program program or activity
1232.7(a)(3)(ii)..................... program program or activity
1232.7(a)(3)(iii).................... program program or activity
1232.9(a)............................ or benefits from
1232.9(c)(8)......................... social those that are social
1232.9(c)(8)......................... programs
1232.9(d), last sentence............. apprenticeship programs apprenticeships
1232.9(f)............................ volunteer program program or activity
1232.10(a)........................... program program or activity
1232.10(c), introductory text........ program program or activity
1232.10(c)(1)........................ program program or activity
----------------------------------------------------------------------------------------------------------------
[[Page 76515]]
Dated: November 6, 2000.
Frank Trinity,
Acting General Counsel, Corporation for National and Community Service.
DEPARTMENT OF TRANSPORTATION
49 CFR Subtitle A
RIN 2105-AC96
Authority and Issuance
For the reasons set forth in the joint preamble, DOT proposes to
amend 49 CFR subtitle A, parts 21 and 27 as set forth below:
PART 21--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF TRANSPORTATION--EFFECTUATION OF TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
1. The authority citation for part 21 is revised to read as
follows:
Authority: 42 U.S.C. 2000d-2000d-7.
2. Section 21.7 is amended by removing the fifth sentence of
paragraph (a)(1) and by revising the heading of paragraph (b) to read
as follows:
Sec. 21.7 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
3. Section 21.23 is amended by revising paragraph (e) to read as
follows:
Sec. 21.23 Definitions.
* * * * *
(e) Program or activity and program mean all of the operations of
any entity described in paragraphs (e)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1), (2), or (3) of this section.
* * * * *
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
----------------------------------------------------------------------------------------------------------------
21.3(a), introductory text, first federally assisted programs and activities types of
Federal financial
sentence. assistance
21.3(a), introductory text, second under any such program
sentence.
21.3(a)(2)........................... under any such program
21.3(a)(3)........................... under any such program
21.3(a), concluding text, first program or activity type of Federal financial
sentence. assistance
21.3(a), concluding text, first such a
sentence.
21.3(a), concluding text, last programs types of Federal financial
sentence. assistance
21.5(b)(1), introductory text........ under any program
21.5(b)(6)........................... programs of types of Federal financial
assistance administered by
21.5(c)(1), first sentence........... a program of the
21.5(c)(1), first sentence........... assistance assistance to a program
21.7(a)(1), first sentence........... to carry out a program
21.7(a)(1), first sentence........... except a program except an application
21.7(a)(1), second sentence.......... program award
21.7(a)(1), sixth sentence........... for each program
21.7(a)(1), sixth sentence........... in the program
21.7(a)(2), second sentence.......... under a program of with
21.7(a)(2), third sentence........... program statute
21.7(b).............................. to carry out a program involving for
21.7(b).............................. programs types of Federal financial
assistance
21.9(b), second sentence............. of any program under in
21.9(d).............................. under for
21.15(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
21.17(f)............................. under the program involved to which this regulation
applies
21.17(f)............................. assistance will assistance to which this
regulation applies will
21.17(f)............................. under such programs
21.21(a), first sentence............. under such program
21.23(d)............................. for the purpose of carrying out a program
21.23(f)............................. for any program,
21.23(f)............................. under any such program
----------------------------------------------------------------------------------------------------------------
[[Page 76516]]
PART 27--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS
OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
5. The heading for part 27 is revised to read as set forth above.
6. The authority citation for part 27 continues to read as follows:
Authority: Sec. 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit
Act of 1964, as amended (49 U.S.C. 5310 (a) and (f); sec. 165(b) of
the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.).
Subpart A--General
7. Section 27.5 is amended by revising the definition of Primary
recipient and adding, in alphabetical order, a definition of Program or
activity to read as follows:
Sec. 27.5 Definitions.
* * * * *
Primary recipient means any recipient that is authorized or
required to extend Federal financial assistance from the Department to
another recipient.
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in section 8801 of
title 20), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
8. Section 27.7 is amended by revising the heading for paragraph
(d) to read as follows:
Sec. 27.7 Discrimination prohibited.
* * * * *
(d) Aid, benefits, or services limited by Federal law. * * *
9. 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
----------------------------------------------------------------------------------------------------------------
27.3(a).............................. or benefits from
27.5, definition of Qualified activities services
handicapped person, paragraph (2).
27.5, definition of Recipient........ for any Federal program,
27.5, definition of Recipient........ under any such program
27.7(a).............................. or benefits from
27.7(b)(1)(v)........................ program program or activity
27.7(b)(3)........................... programs or activities aid, benefits, or services
27.7(b)(4)(ii)....................... program program or activity
27.7(b)(5)(i)........................ or benefits from
27.7(b)(6)........................... or benefitting from
27.7(d).............................. In programs For aid, benefits, or
services
27.9(a), first sentence.............. to carry out a program
27.9(a), first sentence.............. program will program or activity will
27.9(b)(4)........................... program program or activity
27.11(a)(3)(i)....................... program program or activity
27.11(a)(3)(ii)...................... program program or activity
----------------------------------------------------------------------------------------------------------------
10. The heading of subpart B is revised to read as follows:
Subpart B--Accessibility Requirements in Specific Operating
Administration Programs: Airports, Railroads, and Highways
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
----------------------------------------------------------------------------------------------------------------
27.71(b), last sentence.............. programs programs or activities
27.77................................ Essential Air Service program Essential Air Service
Program
----------------------------------------------------------------------------------------------------------------
Subpart C--Enforcement
[[Page 76517]]
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
----------------------------------------------------------------------------------------------------------------
27.121(b), last sentence............. of any program under in
27.121(d)............................ program program or activity
27.125(b)(2)......................... program program or activity
27.127(f), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
27.129(e), first sentence............ under the program involved to which this first
regulation applies
27.129(e), last sentence............. assistance assistance to which this
regulation applies
----------------------------------------------------------------------------------------------------------------
Dated: August 25, 2000.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 00-29358 Filed 12-5-00; 8:45 am]
BILLING CODE 3410-94-P, 7590-01-P, 6450-01-P, 8025-01-P, 7510-01-P,
3510-BP-P, 4710-10-P, 6116-01-P, 4410-13-P, 4510-23-P, 8320-01-P, 6560-
50-P, 6820-34-P, 4310-RE-P, 6718-01-P, 7555-01-P, 7536-01-P, 7536-01-P,
7036-01-P, 6050-28-P, 4910-62-P
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