[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Proposed Rules]
[Pages 58568-58606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27372]



[[Page 58567]]

  
  
  
  
  
  
_______________________________________________________________________

Part III

Nondiscrimination on the Basis of Sex in Education Programs and 
Activities Receiving Federal Financial Assistance; Proposed Rule
_______________________________________________________________________
Nuclear Regulatory Commission
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Tennessee Valley Authority
Department of State
Agency for International Development
Department of Housing and Urban Development
Department of Justice
Department of Labor
Department of the Treasury
Department of Defense
National Archives and Records Administration
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 for Museum and Library Services
Corporation for National and Community Service
Department of Transportation

  Federal Register / Vol. 64, No. 209 / Friday, October 29, 1999 / 
Proposed Rules  

[[Page 58568]]


NUCLEAR REGULATORY COMMISSION

10 CFR Part 5

SMALL BUSINESS ADMINISTRATION

13 CFR Part 113

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1253

DEPARTMENT OF COMMERCE

15 CFR Part 8a

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1317

DEPARTMENT OF STATE

22 CFR Part 146

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 229

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3

DEPARTMENT OF JUSTICE

28 CFR Part 54

DEPARTMENT OF LABOR

29 CFR Part 36

DEPARTMENT OF THE TREASURY

31 CFR Part 28

DEPARTMENT OF DEFENSE

32 CFR Part 196

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1211

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 23

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 5

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-4

DEPARTMENT OF THE INTERIOR

43 CFR Part 41

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 19

NATIONAL SCIENCE FOUNDATION

45 CFR Part 618

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Part 1155

National Endowment for the Humanities

45 CFR Part 1171

Institute for Museum and Library Services

45 CFR Part 1182

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2555

DEPARTMENT OF TRANSPORTATION

49 CFR Part 25


Nondiscrimination on the Basis of Sex in Education Programs and 
Activities Receiving Federal Financial Assistance

AGENCIES: Nuclear Regulatory Commission; Small Business Administration; 
National Aeronautics and Space Administration; Department of Commerce; 
Tennessee Valley Authority; Department of State; Agency for 
International Development; Department of Housing and Urban Development; 
Department of Justice; Department of Labor; Department of the Treasury; 
Department of Defense; National Archives and Records Administration; 
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 for Museum and Library Services, National Foundation on the 
Arts and the Humanities; Corporation for National and Community 
Service; Department of Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed regulation, presented as a common rule, provides 
for the enforcement of Title IX of the Education Amendments of 1972, as 
amended (``Title IX''), by the agencies identified above. Title IX 
prohibits discrimination on the basis of sex in education programs or 
activities that receive Federal financial assistance. The promulgation 
of this proposed regulation will provide guidance to recipients of 
Federal financial assistance who administer education programs or 
activities. The provisions of this proposed regulation will also 
promote consistent and adequate enforcement of Title IX by the agencies 
identified above.

DATES: Comments must be received on or before December 28, 1999.

ADDRESSES: Interested parties should submit written comments on this 
notice of proposed rulemaking to Merrily A. Friedlander, Chief, 
Coordination and Review Section, P.O. Box 65960, Washington, D.C. 
20035-6560, facsimile (202) 307-0595. See Supplementary Information 
section for comments regarding the availability of this document in 
alternative formats.

FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief, 
Coordination and Review Section, Civil Rights Division, U.S. Department 
of Justice, (202) 307-2222.

SUPPLEMENTARY INFORMATION:

Background

    The purpose of this proposed common rule is to provide for the 
enforcement of Title IX of the Education Amendments of 1972, as amended 
(20 U.S.C. 1681, et seq.) (``Title IX''), as it applies to educational 
programs and activities that receive Federal financial assistance from 
the agencies participating in this notice. Because the proposed 
standards to be established for the enforcement of Title IX are the 
same for all of the participating agencies, they are publishing this 
notice of proposed rulemaking jointly. The procedures for how an agency 
will enforce Title IX, including the conduct of investigations and 
compliance reviews, also follow the same structure; all agencies except 
the Department of the Treasury (``Treasury'') and the National Archives 
and Records Administration (``NARA'') are referencing their respective 
procedures under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d, et seq.), which are virtually identical among the agencies. 
Title IX is modeled after Title VI and the statutes have the same 
statutory enforcement mechanisms. Although Treasury and NARA do not 
have Title VI regulations, both entities are establishing enforcement 
procedures, as set forth below, that are akin to other agencies' Title 
VI procedures for enforcement.
    The final rule adopted by each agency will be codified in that 
agency's portion of the Code of Federal Regulations as indicated in 
this notice of proposed rulemaking.
    In 1979 and 1980, two agencies published notices of proposed 
rulemaking for Title IX, but the proposed rules were never issued as 
final rules. On April 25, 1979, the Veteran's Administration published 
a

[[Page 58569]]

notice of proposed rulemaking. See 44 FR 24320 (1979). On June 17, 
1980, the Department of Justice published a notice of proposed 
rulemaking. See 45 FR 41001 (1980). By participating in this notice of 
proposed rulemaking, these agencies are initiating a new rulemaking 
proceeding.

Additional Comment Information

    Copies of this notice of proposed rulemaking are available, upon 
request, in large print and electronic file on computer disk. Other 
formats will be considered upon request.

Overview

    As set forth in this proposed rule, the substantive 
nondiscrimination obligations of recipients, for the most part, are 
identical to those established by the Department of Education (``ED'') 
under Title IX. See 34 CFR Part 106. ED's regulations are the model for 
this notice of proposed rulemaking for several reasons: the history of 
public participation in the development and congressional approval of 
ED's regulations, ED's leadership role in Title IX enforcement, 
judicial interpretations of ED's regulations, recipients' familiarity 
with the regulations, and an interest in maintaining consistency of 
interpretation of regulations enforcing Title IX. The regulations, 
initially issued by the former Department of Health, Education, and 
Welfare (``HEW'') (and adopted by ED upon its establishment in 1980), 
are the result of an extensive public comment process and congressional 
review. HEW received and considered more than 9700 comments before 
drafting its final regulations. 40 FR 24128 (1975). Further, after the 
final regulations were issued, but before they became effective, 
Congress held six days of hearings to determine whether the regulations 
were consistent with the statute. Sex Discrimination Regulations: 
Hearings before the Subcomm. on Postsecondary Education of the House 
Comm. on Education and Labor, 94th Cong., 1st Sess. (1975).
    In addition, under Executive Order 12250, the Department of Justice 
is responsible for the ``consistent and effective implementation'' of 
several civil rights laws, including Title IX. Using the ED regulation 
as the basis for this common rule promotes consistency and efficiency 
not only for agencies but for the recipient community. ED is the lead 
agency for enforcement of Title IX through its guidance, 
interpretations, technical assistance, investigative expertise, and 
resources committed. As the vast majority of recipients of Federal 
assistance from the identified agencies also receive assistance from 
ED, recipients should be subject to a single set of obligations with 
respect to Title IX.
    Further, both Congress and the courts have interpreted Title IX 
based on ED's regulations. For example, in 1974, Congress amended the 
statute after holding hearings on provisions in ED's proposed rule. See 
20 U.S.C. 1681(a)(6). In 1982, the Supreme Court upheld that portion of 
ED's regulations that prohibits discrimination by a recipient on the 
basis of sex in its employment practices. See North Haven Bd. of Educ. 
v. Bell, 456 U.S. 512 (1982). As discussed below, Congress also passed 
the Civil Rights Restoration Act of 1987 (``CRRA''), in large part, to 
overrule the Supreme Court's decision in Grove City College v. Bell, 
465 U.S. 555 (1984), and thus to make Title IX consistent with ED's 
pre-Grove City interpretation of the statute. See S. Rep. No. 100-64, 
at 2 (1987), reprinted in 1988 U.S.C.C.A.N. 3, 3-4. The recipient 
community, Federal agencies, and the courts should have the benefit of 
continued reliance on past interpretations of Title IX and its 
regulations, and using the ED regulation as the model for other 
agencies promotes that consistency.
    As mentioned, the proposed regulations are not identical to ED's 
regulations. This proposal addresses several statutory changes that are 
not reflected in the existing (but soon to be modified) ED regulation, 
one modification in order to be consistent with Supreme Court 
precedent, and a few minor changes. A detailed discussion of these 
changes is set forth below.
    Upon the issuance of final regulations by the participating 
agencies, beneficiaries and affected parties will have more 
opportunities to file complaints or seek information regarding Title IX 
enforcement from various agencies. The agencies intend to develop a 
means of sharing enforcement responsibilities and information to ensure 
that the most effective action is pursued, at the same time avoiding 
both duplication of inquiries by the Federal government and any undue 
burden on recipients due to multiple inquiries.

Summary of Regulation

    As stated, Title IX prohibits discrimination on the basis of sex in 
educational programs or activities that receive Federal financial 
assistance. Specifically, the statute states that ``[n]o person in the 
United States shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any education program or activity receiving 
Federal financial assistance,'' with specific exceptions for various 
entities, programs, and activities. 20 U.S.C. 1681(a). This statute was 
modeled after Title VI, which prohibits discrimination on the basis of 
race, color, and national origin in all programs or activities that 
receive Federal financial assistance. The goal of Title IX is to ensure 
that Federal funds are not utilized for and do not support sex-based 
discrimination, and that individuals have equal opportunities, without 
regard to sex, to pursue, engage or participate in, and benefit from 
academic, extracurricular, research, occupational training, employment, 
or other educational programs and activities. For example (and without 
limitation), subject to exceptions described in these Title IX 
regulations, Title IX prohibits a recipient from discriminating on the 
basis of sex in: student admissions, scholarship awards and tuition 
assistance, recruitment of students and employees, the provision of 
courses and other academic offerings, the provision of and 
participation in athletics and extracurricular activities, and all 
aspects of employment, including, but not limited to, selection, 
hiring, compensation, benefits, job assignments and classification, 
promotions, demotions, tenure, training, transfers, leave, layoffs, and 
termination. See North Haven, 456 U.S. at 521 (stating that Title IX 
``must [be] accord[ed] * * * a sweep as broad as its language'' to 
realize goals of eliminating discrimination and promoting equal 
opportunity); Cannon v. University of Chicago, 441 U.S. 677, 709 (1979) 
(concluding that an implied private right of action was necessary for 
Title IX's full enforcement); Franklin v. Gwinnett County Pub. Schs., 
503 U.S. 60 (1992) (concluding that sexual harassment violates Title 
IX's proscription against sex discrimination). 1 Of course, 
Title IX prohibits discrimination on the basis of sex in the operation 
of, and the provision or exclusion of benefits by, education and 
training programs conducted by noneducational institutions, including, 
but not limited to, prisons, museums, job training institutes, and for 
profit and nonprofit organizations.
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    \1\  See Office for Civil Rights, Dep't of Educ., Sexual 
Harassment Guidance: Harassment of Students by School Employees, 
Other Students, or Third Parties, 62 FR 12034 (1997).
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    Thus, for example, these proposed Title IX regulations will apply 
to such diverse activities as a forestry workshop run by a state park 
receiving funds from the Department of Interior; a boater

[[Page 58570]]

education program sponsored by a county parks and recreation department 
receiving funding from the Coast Guard; a local course concerning how 
to start a small business, sponsored by the state department of labor 
that receives funding from the Small Business Administration; and, 
state and local courses funded by the Federal Emergency Management 
Agency in planning how to deal with disasters. It will also apply to a 
museum lecture series when the museum receives a grant from the 
Institute for Museum and Library Services, or a lecture series on the 
history of dance given at a local school of ballet receiving funding 
from the National Endowment for the Arts. Vocational training for 
inmates in prisons receiving assistance from the Department of Justice 
is another example of the type of program this proposed regulation will 
cover. In short, these proposed regulations will apply to the 
educational programs or activities of any entity receiving financial 
assistance from the agencies promulgating this proposed regulation.
    It should be noted that we have retained sections from the ED 
regulation that impose deadlines for action by recipients. For example, 
section ______.110 includes a deadline for educational institutions to 
conduct a self-evaluation and section ______.225 includes a timetable 
for completion of transitions by an educational institution eliminating 
its single-sex status. We have included these and other provisions to 
allow for the possible but rare instance where such sections may 
continue to be relevant for certain recipients. If a recipient of 
assistance from a participating agency also receives funding from ED or 
another agency with an existing Title IX regulation, however, the 
deadlines, as interpreted by ED or the other agency's regulation, as 
applicable, continue to govern. Further, to the extent a recipient has 
conducted an evaluation or established procedures to conform to the ED 
or another agency's Title IX regulation, the recipient need not repeat 
such action in order to conform to the regulations adopted by the 
participating agencies. For example, if a recipient has established 
grievance procedures, it need not modify such procedures or establish 
other procedures to comply with these regulations in the absence of 
guidance or instructions from a participating agency that modification 
or other action is necessary. Similarly, if a recipient already has 
conducted a self-evaluation under Title IX, it need not conduct a new 
self-evaluation as a result of receiving funds from a participating 
agency, but need only take action if such evaluation or implementation 
is found to be incomplete or not in compliance with the regulations.
    Subpart A sets forth definitions as well as provisions concerning 
remedial action and affirmative action, required assurances, adoption 
of grievance procedures, and notification of nondiscrimination 
policies. The effect of State and other laws and other requirements is 
also explained.
    The definition of ``educational institution'' refers to a ``local 
educational agency.'' The term ``local educational agency'' has been 
recodified at 20 U.S.C. 8801(18), and this change has been made to the 
definition of ``educational institution.''
    The reference in the definition of ``Federal financial assistance'' 
to ``agreements'' includes ``cooperative agreements'' by agencies.
    Section ______.110, entitled ``Remedial and affirmative action and 
self-evaluation,'' is modified slightly by adding the phrase 
``consistent with law.'' This entire regulation, of course, should be 
interpreted consistent with governing legal decisions. Given recent, 
numerous decisions by the Supreme Court and lower courts concerning 
affirmative action, agencies should consult with the Department of 
Justice regarding interpretations of this section.
    A few matters should be noted with respect to assurances. First, 
the method or practice of awarding Federal financial assistance varies 
among the participating agencies. Some, but not all, agencies require a 
formal application for Federal assistance prior to any award, and such 
applications will contain the assurances required by section ______.115 
of the proposed regulation. Other agencies award assistance through 
instruments where the formal agreement or contract of assistance is the 
only document executed by the recipient. In the latter instance, the 
agreement or contract will include, as a condition of the award, the 
required assurances of .115. The presence of an assurance in a 
contract, agreement, or document other than ``application,'' wherein 
the execution of such document includes the assurance of compliance as 
a condition of the award, satisfies ______.115. Second, ______.115(b)'s 
reference to Federal financial assistance ``extended to provide real 
property or structures thereon, * * * or to provide personal 
property,'' should be understood to include the provision of assistance 
to aid in the acquisition and/or improvement of such property. Finally, 
in order to maintain consistency among agencies regarding the text of 
the assurance for compliance with Title IX, we modified ______.115(c) 
to include the uniform text of the assurance. This text may be modified 
at the discretion of the Office of Management and Budget (``OMB''), or 
upon application by an agency and approval by OMB. In addition, the 
actual text may be included in, as mentioned, a final contract or 
agreement, or in a standard form that includes assurances relating to 
other obligations.
    Subpart B addresses the scope or coverage of Title IX. Subject to 
specific exceptions for institutions or activities, any educational 
program or activity, any part of which receives Federal financial 
assistance, is subject to Title IX.
    Modifications of ED's existing regulations to conform to the 
statutory amendments to Title IX are addressed in this subpart. Section 
______.205 is amended to incorporate the expanded exemption for 
entities controlled by religious institutions. Under the CRRA, the 
exemption is no longer limited to educational institutions that are 
controlled by religious organizations with tenets contrary to Title IX. 
Instead, any educational operation of an entity may be exempt from 
Title IX due to control by a religious organization with tenets that 
are not consistent with the provisions of Title IX. See 20 U.S.C. 1687. 
Further, the exemption would apply to a particular education program 
operated by a recipient if this separate program is subject to 
religious tenets that are not consistent with Title IX. If a recipient 
has obtained an exemption from ED, such exemption also may be submitted 
to another funding agency as a basis for an exemption from the second 
funding agency.
    While it is not expected that many educational institutions will 
have a transition plan, we have retained the text of sections 
______.225 and ______ .230. In addition, the text of ______.225 has 
been slightly modified to require that any transition plans be 
submitted solely to the Department of Education.
    A new section, ______.235, addresses all other statutory 
amendments. See 20 U.S.C. 1681(a)(7)-(9), 1687, 1688. Three exemptions 
to Title IX's coverage are identified in ______.235(b) based on 
amendments passed in 1976. 20 U.S.C. 1681(a)(7)-(9). Congress exempts 
activities undertaken by the American Legion to operate Boys State, 
Girls State, Boys Nation, and Girls Nation, and any promotional 
activity or selection of participants for such programs by educational 
institutions. 20 U.S.C. 1681(a)(7). In addition, father-son and mother-
daughter activities that are sponsored by educational institutions are 
similarly exempt from coverage,

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with the condition that if such activities are conducted, reasonably 
comparable activities must be provided for students of the opposite 
sex. 20 U.S.C. 1681(a)(8). Third, educational institutions may provide 
scholarships or other benefits to persons who participate in single-sex 
contests where personal appearance is a basis for reward, commonly 
referred to as ``beauty pageants.'' 20 U.S.C. 1681(a)(9).
    As part of the CRRA, Congress also added a definition of ``program 
or activity.'' See 20 U.S.C. 1687. Congress took this action in order 
to reverse the meaning and consequences of the Supreme Court's decision 
in Grove City College, which defined ``program or activity'' in 
restrictive terms. 465 U.S. at 572-74; S. Rep. No. 100-64, at 11-16, 
reprinted in 1988 U.S.C.C.A.N. at 13-18. The Court concluded in Grove 
City College that Federal student financial assistance provided to a 
college established Title IX jurisdiction only over the college's 
financial aid program, not the entire college. Ibid. This 
interpretation significantly narrowed the prohibitions of Title IX and 
its counterparts, Title VI of the Civil Rights Act of 1964, as amended, 
42 U.S.C. 2000d, et seq., the Age Discrimination Act of 1975, 42 U.S.C. 
6101, et seq., and Section 504 of the Rehabilitation Act of 1973, as 
amended, 29 U.S.C. 794. See S. Rep. No. 100-64, at 2-3, 11-16, 
reprinted in 1988 U.S.C.C.A.N. at 3-4, 13-18.
    By statutory amendment, and as set forth in ______.235(c), Congress 
restored the broad interpretation accorded the phrase ``program or 
activity'' prior to Grove City College. The provision addresses the 
scope of coverage for four broad categories of recipients: State or 
local entities, educational institutions, private entities, and 
entities that are a combination of any of those groups. The scope of 
coverage is no longer limited to the exact purpose or nature of the 
Federal funding. 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 Title IX. 20 U.S.C. 1687(1)(A). Further, if the aid is 
distributed to an entity or unit of government that subsequently 
distributes the assistance to a second agency, the entire agency to 
which the assistance was initially allocated is subject to Title IX. 
See 20 U.S.C. 1687(1)(B); S. Rep. No. 100-64, at 16, reprinted in 1988 
U.S.C.C.A.N. at 18. With respect to educational institutions, it is 
critical to remember that all of the operations of the institution, 
whether or not an operation is educational or academic in nature, are 
subject to Title IX's prohibition on discrimination. Thus, for example, 
housing programs, a shuttle service, food service, and other commercial 
operations are covered by Title IX if any part of the entity is a 
recipient of Federal funds. 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, and/or how the entity is structured (e.g., physically separate 
offices or plants). All of the operations of private businesses that 
are principally engaged in education, health care, housing, social 
services, or parks and recreation are considered a ``program or 
activity'' for purposes of Title IX. 20 U.S.C. 1687(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 18-22.
    Moreover, regulatory language made superfluous by the enactment of 
the CRRA has been omitted in the proposed rule. The Department of 
Education's Title IX regulations, promulgated in 1975, defined 
``recipient'' as an entity ``to whom Federal financial assistance is 
extended directly or through another recipient and that operates an 
education program or activity that receives or benefits from such 
assistance.'' At that time, the words ``or benefits from'' were 
necessary to clarify that all of the operations of a university or 
other educational institution that receives Federal funds--not just the 
particular programs receiving financial assistance--are covered by 
Title IX's nondiscrimination requirements. As noted above, this 
interpretation was rejected by the Supreme Court in 1984 in Grove City 
College v. Bell, which held that Federal student aid established Title 
IX jurisdiction only over the financial aid program, and not the entire 
institution. However, Congress' 1988 enactment of the CRRA counteracted 
this decision by defining ``program or activity'' to provide expressly 
that Title IX covers all educational programs of a recipient 
institution. Because of this statutory change, the words ``or benefits 
from'' are no longer necessary as a regulatory matter and have thus 
been omitted in the proposed common rule as superfluous. This deletion 
does not affect the reach of Title IX.
    Finally, it is important to note that the restored, broad 
interpretation of ``program or activity'' does not in any way alter the 
requirement of 20 U.S.C. 1682 that a proposed or effectuated fund 
termination be limited to the particular program(s) ``or part thereof'' 
that discriminate(s), 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 bill defines 
`program' in the same manner as `program or activity,' and leaves 
intact the ``or part thereof'' pinpointing language.'').
    Section ______.235(d) reflects the ``abortion neutrality'' 
provision in the CRRA, commonly referred to as the Danforth amendment, 
which provides: ``Nothing in this chapter shall be construed to require 
or prohibit any person, or public or private entity, to provide or pay 
for any benefit or service, including the use of facilities, related to 
an abortion. Nothing in this section shall be construed to permit a 
penalty to be imposed on any person or individual because such person 
or individual is seeking or has received any benefit or service related 
to a legal abortion.'' 20 U.S.C. 1688.
    The first sentence of the Danforth amendment is incorporated in 
subsection ______.235(d)(1), which states that recipients are not 
required to provide or pay for any benefit or service related to an 
abortion. Consistent with congressional intent,2 however, 
this provision does not allow recipients of Federal assistance to deny 
medical procedures, benefits, services, or the use of facilities if 
necessary to save the life of a pregnant woman, or for medical 
complications arising from or related to an abortion.
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    \2\ See 134 Cong. Rec. 353 (1988) (In response to Sen. 
Metzenbaum's charge that discriminatory treatment would follow 
adoption of the Danforth amendment, and criticism that the amendment 
failed to account for abortions that are necessary to save the life 
of the woman, Sen. Danforth replied that Sen. Metzenbaum's 
characterizations were ``completely erroneous and totally without 
foundation at all.''); 134 Cong. Rec. 2931 (1988) (statement of Rep. 
Hawkins); id. at 2935 (statement of Rep. Jeffords); id. at 2945 
(statement of Rep. AuCoin) (``Equally important is the fact that the 
bill clearly prohibits denial of provision of services related to 
complications arising from abortion under the terms of title IX.''); 
id. at 2948 (statement of Rep. Edwards) (``Under its provisions, a 
covered institution does not have to include the costs of an 
abortion procedure in insurance for its students or employees. But 
[it] does not mean that it can exclude, for example, medical 
complications related to an abortion. Under the Danforth Amendment, 
Title IX still requires those complications to be covered.'').
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    The second sentence of the Danforth amendment is incorporated in 
______.235(d)(2). In addition, this subsection makes it clear that, 
consistent with the Danforth amendment, the regulations prohibit 
discrimination against, exclusion of, or denial of benefits to, a 
person because that person has obtained, sought, or will

[[Page 58572]]

seek an abortion. This prohibition applies to any service or benefit 
for an applicant (for enrollment or employment), student, or 
employee.3
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    \3\ This provision is consistent with the Danforth amendment and 
congressional intent. Statements of numerous senators and 
representatives, including Sen. Danforth and other sponsors, 
reiterate the plain meaning of the prohibition, and treat the 
imposition of penalties as one form of discriminatory treatment 
against women who have sought or will seek an abortion. See 134 
Cong. Rec. 242 (1988) (statement of Sen. Danforth) (``In fact, it is 
prohibited--hospitals, colleges, universities--from discriminating 
against people who have had abortions or who are seeking abortions. 
So it does not intend to authorize, in fact, it prohibits, penalties 
against people who have made their own choice for abortion.'') 
(emphasis added); id. at 353 (statement of Sen. Wilson) ([The second 
sentence of the Danforth amendment] was language which I and others 
insisted be in there, precisely to ensure that there could not be 
discrimination against women who either are seeking or have received 
abortion-related services.'') (emphasis added).
    Other members of Congress agreed with the Danforth amendment 
because of the specific inclusion of language prohibiting 
discrimination. E.g., 134 Cong. Rec. 2945 (1988) (statement of Rep. 
AuCoin) (``And with their statements [by Sen. Danforth and Wilson, 
as quoted above] clarifying that this legislation before us today 
expressly prohibits, and does not in any way permit, discrimination 
against women who have had or are seeking abortions, I can support 
this bill.''); id. at 2948 (statement of Rep. Edwards). See also id. 
at 2935 (statement of Rep. Jeffords) (``The second sentence of the 
amendment will ensure that a woman is not denied scholarships, 
promotions, extracurricular activities, student employment or any 
other benefits because she has received or is seeking an 
abortion.''); id. at 2945 (statement of Rep. AuCoin) (``With 
assurances from the authors of the Danforth amendment, and with the 
clarification provided by the floor leaders today, it is now clear 
that this legislation prohibits discrimination based on a person's 
decision regarding abortion--in scholarships, in housing, in 
extracurricular activities, in student or faculty hire and tenure, 
and in other benefits offered to students or employees under title 
IX.''); id. at 2948 (statement of Rep. Edwards) (``Whether it be 
scholarships, promotions, extracurricular activities, student 
employment or any other benefits offered to students or employees, 
under title IX benefits cannot be withheld from a student or 
employees because she received or is seeking an abortion.'').
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    Finally, in order to conform ED's existing text to that aspect of 
the Danforth amendment that does not require or prohibit a recipient 
from providing services or payment for an abortion, a specific 
reference to .235(d) is added to the following provisions: 
______.300(c)(3), ______.440, ______.445(b)(4), and ______.530(c).
    Subpart C addresses nondiscrimination on the basis of sex in 
admission and recruitment practices with respect to students. For 
example, recipients may not impose numerical limits on the number or 
proportion of persons of either sex who may be admitted. In addition, a 
recipient may not give preference to one sex by separately ranking 
applicants on the basis of sex, or otherwise treat individuals 
differently because of their sex. Additional prohibitions of 
discrimination on the basis of parental and marital status are also 
identified.
    Subpart D addresses nondiscrimination on the basis of sex in 
education programs and activities. Specific areas covered in this 
subpart are housing, access to course offerings, access to schools 
operated by local education agencies, counseling, financial assistance, 
employment assistance to students, health and insurance benefits and 
services, consideration of marital and parental status, and athletics. 
The proposed regulations do not cover a recipient's use of particular 
textbooks or curricular materials. The time frames identified in 
section ______.450(d), which address athletic programs, apply only if 
the recipient also does not receive funding from the Department of 
Education; otherwise, such recipient is expected to have complied 
within the time frames established by the ED regulation.
    Subpart E covers the prohibitions of discrimination on the basis of 
sex in employment in educational programs and activities. Specific 
aspects of employment that are addressed include hiring and employment 
criteria, recruitment, compensation, job classification and structure, 
promotion and termination, fringe benefits, consideration of marital or 
parental status, leave practices, advertising, and preemployment 
inquiries as to parental and marital status. The subpart also includes 
a provision to exempt actions where sex is a bona fide occupational 
qualification. Section ______.525(b)(2), which concerns the provision 
of fringe benefits, is modified slightly in order to conform to 
principles established by the Supreme Court under Title VII of the 
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.. The 
Supreme Court has held that fringe benefit plans may not require higher 
contributions from women than from men to receive the same benefits. 
See City of Los Angeles Dept. of Water and Power v. Manhart, 435 U.S. 
702 (1978). Further, benefit plans may not provide lower benefits to 
women who made the same contributions as men. See Arizona Governing 
Comm. v. Norris, 463 U.S. 1073 (1983).
    Subpart F addresses the agencies' respective procedures for 
implementation and enforcement of Title IX. Within 60 days of the 
publication of these Title IX regulations as a final rule, each agency 
will publish a notice in the Federal Register that identifies its 
respective programs that are covered by these Title IX regulations. 
Each agency will supplement or modify its notice of covered programs, 
as appropriate, to reflect changes in coverage.
    For those agencies that have regulations to enforce Title VI, such 
procedures will be adopted and referenced. Titles VI and IX address 
discrimination in Federally assisted programs and have identical 
statutory enforcement schemes. The administrative enforcement 
procedures in Title VI regulations are virtually identical among the 
participating agencies, and differences are minor. For the Department 
of the Treasury and NARA, the specific text is set forth herein since 
neither has a Title VI regulation. The Corporation for Community and 
National Service, which is the successor to ACTION, is subject to the 
Title VI regulations promulgated by ACTION. See National and Community 
Service Trust Act of 1993, Public Law 103-82, section 203(c)(2), 107 
Stat. 785, 892; 45 CFR Part 1203. It also should be noted that some 
agencies, based on other Federal laws, have promulgated regulations 
that similarly prohibit discrimination on the basis of sex in programs 
that receive Federal financial assistance. In the absence of a specific 
agency adoption, it should be understood that such existing regulations 
remain in force and are unaffected by this proposed regulation.

Applicable Executive Orders and Regulatory Certifications

    This proposed Title IX regulation has been reviewed by the Equal 
Employment Opportunity Commission pursuant to Executive Order 12067.
    This proposed Title IX regulation has been drafted and reviewed in 
accordance with Executive Order 12866, section 1(b), Principles of 
Regulation. The participating agencies have determined that this rule 
is a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review, yet it is not 
``economically significant'' as defined in section 3(f)(1), and, 
therefore, the information enumerated in section 6(a)(3)(C) of the 
order is not required. Pursuant to Executive order 12866, this rule has 
been reviewed by OMB.
    The participating agencies have determined that this Title IX 
regulation 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 $100,000,000 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-

[[Page 58573]]

based companies in domestic and export markets. All of the entities 
that are subject to these regulations are already covered by Title IX. 
While these regulations address standards of liability and require that 
recipients establish grievance procedures and take other action, a 
substantial number of entities already are subject to other agencies' 
Title IX regulations that impose the same requirements. Accordingly, 
these regulations will not impose new obligations on many recipients.
    These Title IX regulations enforce a statutory prohibition on 
discrimination on the basis of sex and, therefore, the participating 
agencies certify that no actions were deemed necessary under the 
Unfunded Mandates Reform Act of 1995. Furthermore, these regulations 
will not result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments.
    The participating agencies, in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), have reviewed these Title IX 
regulations and by approving certify that these regulations will not 
have a significant economic impact on a substantial number of small 
entities because all of the entities that are subject to these 
regulations are already subject to Title IX, and a substantial number 
of entities already are subject to the Title IX regulations of other 
agencies.
    This is not a ``major rule,'' nor will it 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 that operate educational programs or activities have been bound 
by Title IX's antidiscrimination provision since 1972. Individual 
participants in such programs have thus long had the right to be free 
from sex discrimination, and have enjoyed the corollary ability to file 
an administrative complaint and/or a private lawsuit when they believe 
their rights to have been violated. The common rule merely ensures that 
such individuals receive notice regarding their rights under Title IX 
and outlines a process for handling administrative complaints for those 
agencies that do not yet have such a process in place for Title IX. 
Indeed, by identifying a coherent scheme for resolving complaints 
administratively, this proposal may help prevent costly private 
litigation.
    Entities receiving funding from one of the four Federal agencies 
that already have Title IX regulations will face no new requirements 
under the common rule. Those entities receiving funding from an agency 
that does not currently have Title IX regulations will now be required 
to notify their students and employees that sex discrimination is 
prohibited and to adopt and publish grievance procedures outlining the 
process for filing an administrative complaint.
    To the extent these requirements will be new for some entities, 
they are not burdensome. Indeed, Federal funding recipients are already 
required to have most of these procedures under other civil rights 
statutes, and would generally fulfill the requirements of the common 
rule by including Title IX within their existing processes. Similarly, 
the common rule also requires a covered recipient to designate an 
employee to coordinate Title IX compliance efforts. In many, if not 
most, cases, that person would be the same person currently responsible 
for handling complaints under the other antidiscrimination laws.

Paperwork Reduction Act of 1995

    Sections ______.110, ______.115, and ______.230 contain information 
collection requirements. As required by the Paperwork Reduction Act of 
1995, 44 U.S.C. 3507(d), the Department of Justice, on behalf of the 
participating agencies, has submitted a copy of these sections to OMB 
for its review.
Collection of Information: Self-Evaluations
    A recipient educational institution is required within one year of 
the effective date of these regulations to evaluate its current 
services, policies, and practices and the effects thereof concerning 
admission of students, treatment of students, and employment of both 
academic and non-academic personnel in connection with the recipient's 
education program or activity to determine whether they meet the 
requirements of Title IX, and to the extent the requirements are not 
met, to make the required modifications. In addition, recipients are to 
maintain this self-evaluation on file for at least three years 
following completion of the evaluation, and to provide to the 
designated agency official upon request, a description of any 
modifications and remedial steps made under the self-evaluation 
requirements. These requirements are the most efficient means of self-
evaluation and recordkeeping.
    Nearly all educational institutions affected by this provision have 
already complied or are required to comply with this provision under 
Title IX regulations promulgated by the U.S. Department of Education. 
The number of recipient educational institutions that have not 
previously complied or are required to comply is estimated as fewer 
than ten. The public reporting and recordkeeping burden for this 
collection of information for those remaining recipients is estimated 
to be thirty hours in order to conduct self-evaluations. This burden is 
incurred when a recipient is required to evaluate their current 
services, policies, and practices for compliance with Title IX. It 
should be noted that this calculation does not include the number of 
recipients which are already required to do self-evaluations under 
Title IX regulations promulgated by the U.S. Department of Education.
    Based on data provided by all participating agencies, the estimated 
burden for reading and completing this form was calculated as follows:


Respondents.........................................................   5
Responses (times)...................................................   1
Hours per respondent (times)........................................   6
                                                                     ---
    Annual reporting burden (hours).................................  30
 

Collection of Information: Assurances of Compliance
    These regulations require applications for Federal financial 
assistance for an education program or activity to be accompanied by an 
assurance from the applicant or recipient that each education program 
or activity operated by the applicant or recipient and to which these 
Title IX regulations apply will be operated in compliance with these 
regulations. Completing this form is the clearest, most effective, and 
least burdensome means of placing a recipient on notice of its 
obligations to comply with Title IX.
    The public reporting and recordkeeping burden for this collection 
of information for all participating agencies is estimated to be 22,738 
hours in order to read and complete the assurance form. This burden is 
incurred when an applicant or recipient completes an application for 
Federal financial assistance from a participating agency for the first 
time or if there is a break in continuity of assistance from such 
agency. It is estimated that approximately 25% of recipients seek 
assistance from more than one Federal agency; thus, the Department of 
Justice estimates that assurances would be required an average of 1.25 
times rather than once, per recipient. It should be noted that this 
calculation does not include the number of recipients at agencies, 
including the Departments of Commerce, Interior, and Labor, which

[[Page 58574]]

already use OMB assurance forms or other assurance forms previously 
approved by OMB that include text regarding compliance with Title IX.
    Based on data provided by all participating agencies, the estimated 
burden for reading and completing this form was calculated as follows:


Respondents..................................................    107,000
Responses (times)............................................       1.25
Hours per respondent (times 10 minutes)......................        .17
                                                              ----------
    Annual reporting burden (hours)..........................     22,738
 

Collection of Information: Transition Plans
    A recipient educational institution is required to submit a 
transition plan if it has admitted students of only one sex as regular 
students as of June 23, 1972, or admitted students of only one sex as 
regular students as of June 23, 1965, but thereafter admitted, as 
regular students, students of the sex not admitted prior to June 23, 
1965. The transition plan requirements listed in this rule are the most 
efficient means of preparing transition plans and related 
recordkeeping.
    All educational institutions affected by this provision have 
already complied or are required to comply with this provision under 
Title IX regulations promulgated by the U.S. Department of Education. 
There are no new educational institutions anticipated that would fall 
into this category. The public reporting and recordkeeping burden for 
this collection of information for recipient educational institutions 
is therefore estimated to be zero hours in order to develop transition 
plans. This burden is incurred when a recipient is required to develop 
and implement a transition plan. It should be noted that this 
calculation does not include the number of recipients which are already 
required to do transition plans under Title IX regulations promulgated 
by the U.S. Department of Education.
    Based on data provided by all participating agencies, the estimated 
burden for reading and completing this form was calculated as follows:


Respondents.........................................................   0
Responses (times)...................................................   1
Hours per respondent (times)........................................   8
                                                                     ---
    Annual reporting burden (times hour)............................   0
 


    Organizations and individuals desiring to submit comments on these 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, Room 10235, New Executive 
Office Building, Washington, D.C. 20503; Attention: Desk Officer for 
U.S. Department of Justice.
    The Department of Justice will consider comments by the public on 
these proposed collections of information in--
     Evaluating whether the proposed collection of information 
is necessary for the proper performance of the functions of the 
participating agencies, including whether the information will have a 
practical use;
     Evaluating the accuracy of the participating agencies' 
collective estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of collection of information on 
those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    OMB is required to make a decision concerning the collections of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department of Justice or 
participating agencies on the proposed regulation.

Text of the Proposed Common Rule

    The text of this common rule as proposed in this document appears 
below:

[PART/Subpart] ______--NONDISCRIMINATION ON THE BASIS OF SEX IN 
EDUCATION PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL 
ASSISTANCE

Subpart A--Introduction

Sec.
______.100  Purpose and effective date
______.105  Definitions
______.110  Remedial and affirmative action and self-evaluation
______.115  Assurance required
______.120  Transfers of property
______.125  Effect of other requirements
______.130  Effect of employment opportunities
______.135  Designation of responsible employee and adoption of 
grievance procedures
______.140  Dissemination of policy

Subpart B--Coverage

______.200  Application
______.205  Educational institutions and other entities controlled 
by religious organizations
______.210  Military and merchant marine educational institutions
______.215  Membership practices of certain organizations
______.220  Admissions
______.225  Educational institutions eligible to submit transition 
plans
______.230  Transition plans
______.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

______.300  Admission
______.305  Preference in admission
______.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

______.400  Education programs and activities
______.405  Housing
______.410  Comparable facilities
______.415  Access to course offerings
______.420  Access to schools operated by LEAs
______.425  Counseling and use of appraisal and counseling materials
______.430  Financial assistance
______.435  Employment assistance to students
______.440 Health and insurance benefits and services
______.445  Marital or parental status
______.450  Athletics
______.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

______.500  Employment
______.505  Employment criteria
______.510  Recruitment
______.515  Compensation
______.520  Job classification and structure
______.525  Fringe benefits
______.530  Marital or parental status
______.535  Effect of state or local law or other requirements
______.540  Advertising
______.545  Pre-employment inquiries
______.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

______.600  Notice of covered programs
    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

Subpart A--Introduction

Section ______.100  Purpose and Effective Date

    The purpose of these Title IX regulations is to effectuate Title IX 
of the Education Amendments of 1972, as amended (except sections 904 
and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 
1687, 1688), which is designed to eliminate (with certain exceptions) 
discrimination on the basis of sex in any education program or activity 
receiving Federal financial assistance, whether or not such program or 
activity is offered or

[[Page 58575]]

sponsored by an educational institution as defined in these Title IX 
regulations. The effective date of these Title IX regulations shall be 
[30 days after publication of the final rule].

Section ______.105  Definitions

    As used in these Title IX regulations, the term:
    Administratively separate unit means a school, department, or 
college of an educational institution (other than a local educational 
agency) admission to which is independent of admission to any other 
component of such institution.
    Admission means selection for part-time, full-time, special, 
associate, transfer, exchange, or any other enrollment, membership, or 
matriculation in or at an education program or activity operated by a 
recipient.
    Applicant means one who submits an application, request, or plan 
required to be approved by an official of the Federal agency that 
awards Federal financial assistance, or by a recipient, as a condition 
to becoming a recipient.
    Designated agency official means [to be inserted by agency].
    Educational institution means a local educational agency (LEA) as 
defined by 20 U.S.C. 8801(18), a preschool, a private elementary or 
secondary school, or an applicant or recipient that is an institution 
of graduate higher education, an institution of undergraduate higher 
education, an institution of professional education, or an institution 
of vocational education, as defined in this section.
    Federal financial assistance means any of the following, when 
authorized or extended under a law administered by the Federal agency 
that awards such assistance:
    (1) A grant or loan of Federal financial assistance, including 
funds made available for:
    (i) The acquisition, construction, renovation, restoration, or 
repair of a building or facility or any portion thereof; and
    (ii) Scholarships, loans, grants, wages, or other funds extended to 
any entity for payment to or on behalf of students admitted to that 
entity, or extended directly to such students for payment to that 
entity.
    (2) A grant of Federal real or personal property or any interest 
therein, including surplus property, and the proceeds of the sale or 
transfer of such property, if the Federal share of the fair market 
value of the property is not, upon such sale or transfer, properly 
accounted for to the Federal Government.
    (3) Provision of the services of Federal personnel.
    (4) Sale or lease of Federal property or any interest therein at 
nominal consideration, or at consideration reduced for the purpose of 
assisting the recipient or in recognition of public interest to be 
served thereby, or permission to use Federal property or any interest 
therein without consideration.
    (5) Any other contract, agreement, or arrangement that has as one 
of its purposes the provision of assistance to any education program or 
activity, except a contract of insurance or guaranty.
    Institution of graduate higher education means an institution that:
    (1) Offers academic study beyond the bachelor of arts or bachelor 
of science degree, whether or not leading to a certificate of any 
higher degree in the liberal arts and sciences;
    (2) Awards any degree in a professional field beyond the first 
professional degree (regardless of whether the first professional 
degree in such field is awarded by an institution of undergraduate 
higher education or professional education); or
    (3) Awards no degree and offers no further academic study, but 
operates ordinarily for the purpose of facilitating research by persons 
who have received the highest graduate degree in any field of study.
    Institution of professional education means an institution (except 
any institution of undergraduate higher education) that offers a 
program of academic study that leads to a first professional degree in 
a field for which there is a national specialized accrediting agency 
recognized by the Secretary of Education.
    Institution of undergraduate higher education means:
    (1) An institution offering at least two but less than four years 
of college-level study beyond the high school level, leading to a 
diploma or an associate degree, or wholly or principally creditable 
toward a baccalaureate degree; or
    (2) An institution offering academic study leading to a 
baccalaureate degree; or
    (3) An agency or body that certifies credentials or offers degrees, 
but that may or may not offer academic study.
    Institution of vocational education means a school or institution 
(except an institution of professional or graduate or undergraduate 
higher education) that has as its primary purpose preparation of 
students to pursue a technical, skilled, or semiskilled occupation or 
trade, or to pursue study in a technical field, whether or not the 
school or institution offers certificates, diplomas, or degrees and 
whether or not it offers full-time study.
    Recipient means any State or political subdivision thereof, or any 
instrumentality of a State or political subdivision thereof, any public 
or private agency, institution, or organization, or other entity, or 
any person, to whom Federal financial assistance is extended directly 
or through another recipient and that operates an education program or 
activity that receives such assistance, including any subunit, 
successor, assignee, or transferee thereof.
    Student means a person who has gained admission.
    Title IX means Title IX of the Education Amendments of 1972, Public 
Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-
1688) (except sections 904 and 906 thereof), as amended by section 3 of 
Public Law 93-568, 88 Stat. 1855, by section 412 of the Education 
Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 
of Pub. L. 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 
1685, 1686, 1687, 1688).
    Title IX regulations means the provisions set forth at [to be 
inserted by agency].
    Transition plan means a plan subject to the approval of the 
Secretary of Education pursuant to section 901(a)(2) of the Education 
Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational 
institution operates in making the transition from being an educational 
institution that admits only students of one sex to being one that 
admits students of both sexes without discrimination.

Section ______.110  Remedial and Affirmative Action and Self-Evaluation

    (a) Remedial action. If the designated agency official finds that a 
recipient has discriminated against persons on the basis of sex in an 
education program or activity, such recipient shall take such remedial 
action as the designated agency official deems necessary to overcome 
the effects of such discrimination.
    (b) Affirmative action. In the absence of a finding of 
discrimination on the basis of sex in an education program or activity, 
a recipient may take affirmative action consistent with law to overcome 
the effects of conditions that resulted in limited participation 
therein by persons of a particular sex. Nothing in these Title IX 
regulations shall be interpreted to alter any affirmative action 
obligations that a recipient may have under Executive Order 11246, 3 
CFR,

[[Page 58576]]

1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 
1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 
1966-1970 Comp., p. 803; as amended by Executive Order 12087, 3 CFR, 
1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 
Comp., p. 264.
    (c) Self-evaluation. Each recipient education institution shall, 
within one year of [the effective date of these Title IX regulations]:
    (1) Evaluate, in terms of the requirements of these Title IX 
regulations, its current policies and practices and the effects thereof 
concerning admission of students, treatment of students, and employment 
of both academic and non-academic personnel working in connection with 
the recipient's education program or activity;
    (2) Modify any of these policies and practices that do not or may 
not meet the requirements of these Title IX regulations; and
    (3) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted or may have resulted from adherence to 
these policies and practices.
    (d) Availability of self-evaluation and related materials. 
Recipients shall maintain on file for at least three years following 
completion of the evaluation required under paragraph (c) of this 
section, and shall provide to the designated agency official upon 
request, a description of any modifications made pursuant to paragraph 
(c)(2) of this section and of any remedial steps taken pursuant to 
paragraph (c)(3) of this section.

Section ______.115  Assurance Required

    (a) General. Every application for Federal financial assistance for 
any education program or activity shall as a condition of its approval 
contain or be accompanied by an assurance from the applicant or 
recipient, satisfactory to the designated agency official, that each 
education program or activity operated by the applicant or recipient 
and to which these Title IX regulations apply will be operated in 
compliance with these Title IX regulations. An assurance of compliance 
with these Title IX regulations shall not be satisfactory to the 
designated agency official if the applicant or recipient to whom such 
assurance applies fails to commit itself to take whatever remedial 
action is necessary in accordance with Sec. ______.110(a) to eliminate 
existing discrimination on the basis of sex or to eliminate the effects 
of past discrimination whether occurring prior to or subsequent to the 
submission to the designated agency official of such assurance.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended to provide real property or structures thereon, 
such assurance shall obligate the recipient or, in the case of a 
subsequent transfer, the transferee, for the period during which the 
real property or structures are used to provide an education program or 
activity.
    (2) In the case of Federal financial assistance extended to provide 
personal property, such assurance shall obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases such assurance shall obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Form. (1) The assurances required by paragraph (a) of this 
section, which may be included as part of a document that addresses 
other assurances or obligations, shall include that the applicant or 
recipient ``will comply with all Federal statutes relating to 
nondiscrimination. These include but are not limited to: * * * Title IX 
of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 
1685-1688).''
    (2) The designated agency official will specify the extent to which 
such assurances will be required of the applicant's or recipient's 
subgrantees, contractors, subcontractors, transferees, or successors in 
interest.

Section ______.120  Transfers of Property

    If a recipient sells or otherwise transfers property financed in 
whole or in part with Federal financial assistance to a transferee that 
operates any education program or activity, and the Federal share of 
the fair market value of the property is not upon such sale or transfer 
properly accounted for to the Federal Government, both the transferor 
and the transferee shall be deemed to be recipients, subject to the 
provisions of Secs. ______.205 through ______.235(a).

Section ______.125  Effect of Other Requirements

    (a) Effect of other Federal provisions. The obligations imposed by 
these Title IX regulations are independent of, and do not alter, 
obligations not to discriminate on the basis of sex imposed by 
Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by 
Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by 
Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by 
Executive Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by 
Executive Order 12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 
of the Public Health Service Act (42 U.S.C. 295m, 298b-2); Title VII of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay 
Act of 1963 (29 U.S.C. 206); and any other Act of Congress or Federal 
regulation.
    (b) Effect of State or local law or other requirements. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any State or local law or other requirement that would 
render any applicant or student ineligible, or limit the eligibility of 
any applicant or student, on the basis of sex, to practice any 
occupation or profession.
    (c) Effect of rules or regulations of private organizations. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any rule or regulation of any organization, club, 
athletic or other league, or association that would render any 
applicant or student ineligible to participate or limit the eligibility 
or participation of any applicant or student, on the basis of sex, in 
any education program or activity operated by a recipient and that 
receives Federal financial assistance.

Section ______.130  Effect of Employment Opportunities

    The obligation to comply with these Title IX regulations is not 
obviated or alleviated because employment opportunities in any 
occupation or profession are or may be more limited for members of one 
sex than for members of the other sex.

Section ______.135  Designation of Responsible Employee and Adoption of 
Grievance Procedures

    (a) Designation of responsible employee. Each recipient shall 
designate at least one employee to coordinate its efforts to comply 
with and carry out its responsibilities under these Title IX 
regulations, including any investigation of any complaint communicated 
to such recipient alleging its noncompliance with these Title IX 
regulations or alleging any actions that would be prohibited by these 
Title IX regulations. The recipient shall notify all its students and 
employees of the name, office address, and telephone number of the 
employee or employees appointed pursuant to this paragraph.
    (b) Complaint procedure of recipient. A recipient shall adopt and 
publish grievance procedures providing for prompt and equitable 
resolution of

[[Page 58577]]

student and employee complaints alleging any action that would be 
prohibited by these Title IX regulations.

Section ______.140  Dissemination of Policy

    (a) Notification of policy. (1) Each recipient shall implement 
specific and continuing steps to notify applicants for admission and 
employment, students and parents of elementary and secondary school 
students, employees, sources of referral of applicants for admission 
and employment, and all unions or professional organizations holding 
collective bargaining or professional agreements with the recipient, 
that it does not discriminate on the basis of sex in the educational 
programs or activities that it operates, and that it is required by 
Title IX and these Title IX regulations not to discriminate in such a 
manner. Such notification shall contain such information, and be made 
in such manner, as the designated agency official finds necessary to 
apprise such persons of the protections against discrimination assured 
them by Title IX and these Title IX regulations, but shall state at 
least that the requirement not to discriminate in education programs 
and activities extends to employment therein, and to admission thereto 
unless Secs. ______.300 through 310 do not apply to the recipient, and 
that inquiries concerning the application of Title IX and these Title 
IX regulations to such recipient may be referred to the employee 
designated pursuant to Sec. ______.135, or to the designated agency 
official.
    (2) Each recipient shall make the initial notification required by 
paragraph (a)(1) of this section within 90 days of [the effective date 
of these Title IX regulations] or of the date these Title IX 
regulations first apply to such recipient, whichever comes later, which 
notification shall include publication in:
    (i) Local newspapers;
    (ii) Newspapers and magazines operated by such recipient or by 
student, alumnae, or alumni groups for or in connection with such 
recipient; and
    (iii) Memoranda or other written communications distributed to 
every student and employee of such recipient.
    (b) Publications. (1) Each recipient shall prominently include a 
statement of the policy described in paragraph (a) of this section in 
each announcement, bulletin, catalog, or application form that it makes 
available to any person of a type, described in paragraph (a) of this 
section, or which is otherwise used in connection with the recruitment 
of students or employees.
    (2) A recipient shall not use or distribute a publication of the 
type described in paragraph (b)(1) of this section that suggests, by 
text or illustration, that such recipient treats applicants, students, 
or employees differently on the basis of sex except as such treatment 
is permitted by these Title IX regulations.
    (c) Distribution. Each recipient shall distribute without 
discrimination on the basis of sex each publication described in 
paragraph (b)(1) of this section, and shall apprise each of its 
admission and employment recruitment representatives of the policy of 
nondiscrimination described in paragraph (a) of this section, and shall 
require such representatives to adhere to such policy.

Subpart B--Coverage

Section ______.200  Application

    Except as provided in Secs. ______.205 through ______.235(a) of 
this subpart, these Title IX regulations apply to every recipient and 
to each education program or activity operated by such recipient that 
receives Federal financial assistance.

Section ______.205  Educational Institutions and Other Entities 
Controlled by Religious Organizations

    (a) Exemption. These Title IX regulations do not apply to any 
operation of an educational institution or other entity that is 
controlled by a religious organization to the extent that application 
of these Title IX regulations would not be consistent with the 
religious tenets of such organization.
    (b) Exemption claims. An educational institution or other entity 
that wishes to claim the exemption set forth in paragraph (a) of this 
section shall do so by submitting in writing to the designated agency 
official a statement by the highest-ranking official of the 
institution, identifying the provisions of these Title IX regulations 
that conflict with a specific tenet of the religious organization.

Section ______.210  Military and Merchant Marine Educational 
Institutions

    These Title IX regulations do not apply to an educational 
institution whose primary purpose is the training of individuals for a 
military service of the United States or for the merchant marine.

Section ______.215  Membership Practices of Certain Organizations.

    (a) Social fraternities and sororities. These Title IX regulations 
do not apply to the membership practices of social fraternities and 
sororities that are exempt from taxation under section 501(a) of the 
Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership 
of which consists primarily of students in attendance at institutions 
of higher education.
    (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. These 
Title IX regulations do not apply to the membership practices of the 
Young Men's Christian Association (YMCA), the Young Women's Christian 
Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire 
Girls.
    (c) Voluntary youth service organizations. These Title IX 
regulations do not apply to the membership practices of a voluntary 
youth service organization that is exempt from taxation under section 
501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the 
membership of which has been traditionally limited to members of one 
sex and principally to persons of less than nineteen years of age.

Section______.220  Admissions

    (a) Admissions to educational institutions prior to June 24, 1973, 
are not covered by these Title IX regulations.
    (b) Administratively separate units. For the purposes only of this 
section, Secs. ______.225 and ______.230, and Secs. ______.300 through 
______.310, each administratively separate unit shall be deemed to be 
an educational institution.
    (c) Application of Secs. ______.300 through ______.310. Except as 
provided in paragraphs (d) and (e) of this section, Secs. ______.300 
through ______.310 apply to each recipient. A recipient to which 
Secs. ______.300 through ______.310 apply shall not discriminate on the 
basis of sex in admission or recruitment in violation of 
Secs. ______.300 through ______.310.
    (d) Educational institutions. Except as provided in paragraph (e) 
of this section as to recipients that are educational institutions, 
Secs. ______.300 through ______.310 apply only to institutions of 
vocational education, professional education, graduate higher 
education, and public institutions of undergraduate higher education.
    (e) Public institutions of undergraduate higher education. 
Secs. ______.300 through ______.310 do not apply to any public 
institution of undergraduate higher education that traditionally and 
continually from its establishment has had a policy of admitting 
students of only one sex.

[[Page 58578]]

Section______.225  Educational Institutions Eligible To Submit 
Transition Plans

    (a) Application. This section applies to each educational 
institution to which Secs. ______.300 through .310 apply that:
    (1) Admitted students of only one sex as regular students as of 
June 23, 1972; or
    (2) Admitted students of only one sex as regular students as of 
June 23, 1965, but thereafter admitted, as regular students, students 
of the sex not admitted prior to June 23, 1965.
    (b) Provision for transition plans. An educational institution to 
which this section applies shall not discriminate on the basis of sex 
in admission or recruitment in violation of Secs. ______.300 through 
______.310.

Section______.230  Transition Plans

    (a) Submission of plans. An institution to which Sec. ______.225 
applies and that is composed of more than one administratively separate 
unit may submit either a single transition plan applicable to all such 
units, or a separate transition plan applicable to each such unit.
    (b) Content of plans. In order to be approved by the Secretary of 
Education, a transition plan shall:
    (1) State the name, address, and Federal Interagency Committee on 
Education Code of the educational institution submitting such plan, the 
administratively separate units to which the plan is applicable, and 
the name, address, and telephone number of the person to whom questions 
concerning the plan may be addressed. The person who submits the plan 
shall be the chief administrator or president of the institution, or 
another individual legally authorized to bind the institution to all 
actions set forth in the plan.
    (2) State whether the educational institution or administratively 
separate unit admits students of both sexes as regular students and, if 
so, when it began to do so.
    (3) Identify and describe with respect to the educational 
institution or administratively separate unit any obstacles to 
admitting students without discrimination on the basis of sex.
    (4) Describe in detail the steps necessary to eliminate as soon as 
practicable each obstacle so identified and indicate the schedule for 
taking these steps and the individual directly responsible for their 
implementation.
    (5) Include estimates of the number of students, by sex, expected 
to apply for, be admitted to, and enter each class during the period 
covered by the plan.
    (c) Nondiscrimination. No policy or practice of a recipient to 
which Sec. ______.225 applies shall result in treatment of applicants 
to or students of such recipient in violation of Secs. ______.300 
through ______.310 unless such treatment is necessitated by an obstacle 
identified in paragraph (b)(3) of this section and a schedule for 
eliminating that obstacle has been provided as required by paragraph 
(b)(4) of this section.
    (d) Effects of past exclusion. To overcome the effects of past 
exclusion of students on the basis of sex, each educational institution 
to which Sec. ______.225 applies shall include in its transition plan, 
and shall implement, specific steps designed to encourage individuals 
of the previously excluded sex to apply for admission to such 
institution. Such steps shall include instituting recruitment programs 
that emphasize the institution's commitment to enrolling students of 
the sex previously excluded.

Section______.235  Statutory Amendments

    (a) This section, which applies to all provisions of these Title IX 
regulations, addresses statutory amendments to Title IX.
    (b) These Title IX regulations shall not apply to or preclude:
    (1) Any program or activity of the American Legion undertaken in 
connection with the organization or operation of any Boys State 
conference, Boys Nation conference, Girls State conference, or Girls 
Nation conference;
    (2) Any program or activity of a secondary school or educational 
institution specifically for:
    (i) The promotion of any Boys State conference, Boys Nation 
conference, Girls State conference, or Girls Nation conference; or (ii) 
The selection of students to attend any such conference;
    (3) Father-son or mother-daughter activities at an educational 
institution, but if such activities are provided for students of one 
sex, opportunities for reasonably comparable activities shall be 
provided to students of the other sex;
    (4) Any scholarship or other financial assistance awarded by an 
institution of higher education to an individual because such 
individual has received such award in a single-sex pageant based upon a 
combination of factors related to the individual's personal appearance, 
poise, and talent. The pageant, however, must comply with other 
nondiscrimination provisions of Federal law.
    (c) Program or activity or program means:
    (1) All of the operations of any entity described in paragraphs 
(c)(1)(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 that is established by two or more of the 
entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 
section.
    (2)(i) Program or activity does not include any operation of an 
entity that is controlled by a religious organization if the 
application of 20 U.S.C. 1681 to such operation would not be consistent 
with the religious tenets of such organization.
    (ii) For example, all of the operations of a college, university, 
or other postsecondary institution, including but not limited to 
traditional educational operations, faculty and student housing, campus 
shuttle bus service, campus restaurants, the bookstore, and other 
commercial activities are part of a ``program or activity'' subject to 
these Title IX regulations if the college, university, or other 
institution receives Federal financial assistance.
    (d)(1) Nothing in these Title IX regulations shall be construed to 
require or prohibit any person, or public or private entity, to provide 
or pay for any benefit or service, including the use of facilities, 
related to an abortion. Medical

[[Page 58579]]

procedures, benefits, services, and the use of facilities, necessary to 
save the life of a pregnant woman or to address complications related 
to an abortion are not subject to this section.
    (2) Nothing in this section shall be construed to permit a penalty 
to be imposed on any person or individual because such person or 
individual is seeking or has received any benefit or service related to 
a legal abortion. Accordingly, subject to paragraph (d)(1) of this 
section, no person shall be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, employment, or other 
educational program or activity operated by a recipient that receives 
Federal financial assistance because such individual has sought or 
received, or is seeking, a legal abortion, or any benefit or service 
related to a legal abortion.

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

Section ______.300  Admission

    (a) General. No person shall, on the basis of sex, be denied 
admission, or be subjected to discrimination in admission, by any 
recipient to which Secs. ______.300 through ______.310 apply, except as 
provided in Secs. ______.225 and ______.230.
    (b) Specific prohibitions. (1) In determining whether a person 
satisfies any policy or criterion for admission, or in making any offer 
of admission, a recipient to which Secs. ______.300 through ______.310 
apply shall not:
    (i) Give preference to one person over another on the basis of sex, 
by ranking applicants separately on such basis, or otherwise;
    (ii) Apply numerical limitations upon the number or proportion of 
persons of either sex who may be admitted; or
    (iii) Otherwise treat one individual differently from another on 
the basis of sex.
    (2) A recipient shall not administer or operate any test or other 
criterion for admission that has a disproportionately adverse effect on 
persons on the basis of sex unless the use of such test or criterion is 
shown to predict validly success in the education program or activity 
in question and alternative tests or criteria that do not have such a 
disproportionately adverse effect are shown to be unavailable.
    (c) Prohibitions relating to marital or parental status. In 
determining whether a person satisfies any policy or criterion for 
admission, or in making any offer of admission, a recipient to which 
Secs. ______.300 through ______.310 apply:
    (1) Shall not apply any rule concerning the actual or potential 
parental, family, or marital status of a student or applicant that 
treats persons differently on the basis of sex;
    (2) Shall not discriminate against or exclude any person on the 
basis of pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom, or establish or follow any rule or practice that so 
discriminates or excludes;
    (3) Subject to Sec. ______.235(d), shall treat disabilities related 
to pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability or physical condition; and
    (4) Shall not make pre-admission inquiry as to the marital status 
of an applicant for admission, including whether such applicant is 
``Miss'' or ``Mrs.'' A recipient may make pre-admission inquiry as to 
the sex of an applicant for admission, but only if such inquiry is made 
equally of such applicants of both sexes and if the results of such 
inquiry are not used in connection with discrimination prohibited by 
these Title IX regulations.

Section ______.305  Preference in Admission

    A recipient to which Secs. ______.300 through______.310 apply shall 
not give preference to applicants for admission, on the basis of 
attendance at any educational institution or other school or entity 
that admits as students only or predominantly members of one sex, if 
the giving of such preference has the effect of discriminating on the 
basis of sex in violation of Secs. ______.300 through ______.310.

Section ______.310  Recruitment

    (a) Nondiscriminatory recruitment. A recipient to which 
Secs. ______.300 through ______.310 apply shall not discriminate on the 
basis of sex in the recruitment and admission of students. A recipient 
may be required to undertake additional recruitment efforts for one sex 
as remedial action pursuant to Sec.  ______.110(a), and may choose to 
undertake such efforts as affirmative action pursuant to Sec.  
______.110(b).
    (b) Recruitment at certain institutions. A recipient to which 
Secs. ______.300 through ______.310 apply shall not recruit primarily 
or exclusively at educational institutions, schools, or entities that 
admit as students only or predominantly members of one sex, if such 
actions have the effect of discriminating on the basis of sex in 
violation of Secs. ______.300 through ______.310.

Subpart D--Discrimination on the Basis of Sex in Education Programs 
and Activities Prohibited

Section ______.400  Education Programs and Activities

    (a) General. Except as provided elsewhere in these Title IX 
regulations, no person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any academic, extracurricular, research, 
occupational training, or other education program or activity operated 
by a recipient that receives Federal financial assistance. Sections 
______.400 through ______.455 do not apply to actions of a recipient in 
connection with admission of its students to an education program or 
activity of a recipient to which Secs. ______.300 through ______.310 do 
not apply, or an entity, not a recipient, to which Secs. ______.300 
through ______.310 would not apply if the entity were a recipient.
    (b) Specific prohibitions. Except as provided in Secs. ______.400 
through ______.455, in providing any aid, benefit, or service to a 
student, a recipient shall not, on the basis of sex:
    (1) Treat one person differently from another in determining 
whether such person satisfies any requirement or condition for the 
provision of such aid, benefit, or service;
    (2) Provide different aid, benefits, or services or provide aid, 
benefits, or services in a different manner;
    (3) Deny any person any such aid, benefit, or service;
    (4) Subject any person to separate or different rules of behavior, 
sanctions, or other treatment;
    (5) Apply any rule concerning the domicile or residence of a 
student or applicant, including eligibility for in-state fees and 
tuition;
    (6) Aid or perpetuate discrimination against any person by 
providing significant assistance to any agency, organization, or person 
that discriminates on the basis of sex in providing any aid, benefit, 
or service to students or employees;
    (7) Otherwise limit any person in the enjoyment of any right, 
privilege, advantage, or opportunity.
    (c) Assistance administered by a recipient educational institution 
to study at a foreign institution. A recipient educational institution 
may administer or assist in the administration of scholarships, 
fellowships, or other awards established by foreign or domestic wills, 
trusts, or

[[Page 58580]]

similar legal instruments, or by acts of foreign governments and 
restricted to members of one sex, that are designed to provide 
opportunities to study abroad, and that are awarded to students who are 
already matriculating at or who are graduates of the recipient 
institution; Provided, that a recipient educational institution that 
administers or assists in the administration of such scholarships, 
fellowships, or other awards that are restricted to members of one sex 
provides, or otherwise makes available, reasonable opportunities for 
similar studies for members of the other sex. Such opportunities may be 
derived from either domestic or foreign sources.
    (d) Programs not operated by recipient. (1) This paragraph (d) 
applies to any recipient that requires participation by any applicant, 
student, or employee in any education program or activity not operated 
wholly by such recipient, or that facilitates, permits, or considers 
such participation as part of or equivalent to an education program or 
activity operated by such recipient, including participation in 
educational consortia and cooperative employment and student-teaching 
assignments.
    (2) Such recipient:
    (i) Shall develop and implement a procedure designed to assure 
itself that the operator or sponsor of such other education program or 
activity takes no action affecting any applicant, student, or employee 
of such recipient that these Title IX regulations would prohibit such 
recipient from taking; and
    (ii) Shall not facilitate, require, permit, or consider such 
participation if such action occurs.

Section ______.405  Housing

    (a) Generally. A recipient shall not, on the basis of sex, apply 
different rules or regulations, impose different fees or requirements, 
or offer different services or benefits related to housing, except as 
provided in this section (including housing provided only to married 
students).
    (b) Housing provided by recipient. (1) A recipient may provide 
separate housing on the basis of sex.
    (2) Housing provided by a recipient to students of one sex, when 
compared to that provided to students of the other sex, shall be as a 
whole:
    (i) Proportionate in quantity to the number of students of that sex 
applying for such housing; and
    (ii) Comparable in quality and cost to the student.
    (c) Other housing. (1) A recipient shall not, on the basis of sex, 
administer different policies or practices concerning occupancy by its 
students of housing other than that provided by such recipient.
    (2)(i) A recipient which, through solicitation, listing, approval 
of housing, or otherwise, assists any agency, organization, or person 
in making housing available to any of its students, shall take such 
reasonable action as may be necessary to assure itself that such 
housing as is provided to students of one sex, when compared to that 
provided to students of the other sex, is as a whole:
    (A) Proportionate in quantity; and
    (B) Comparable in quality and cost to the student.
    (ii) A recipient may render such assistance to any agency, 
organization, or person that provides all or part of such housing to 
students of only one sex.

Section ______.410  Comparable Facilities

    A recipient may provide separate toilet, locker room, and shower 
facilities on the basis of sex, but such facilities provided for 
students of one sex shall be comparable to such facilities provided for 
students of the other sex.

Section ______.415  Access to Course Offerings

    (a) A recipient shall not provide any course or otherwise carry out 
any of its education program or activity separately on the basis of 
sex, or require or refuse participation therein by any of its students 
on such basis, including health, physical education, industrial, 
business, vocational, technical, home economics, music, and adult 
education courses.
    (b)(1) With respect to classes and activities in physical education 
at the elementary school level, the recipient shall comply fully with 
this section as expeditiously as possible but in no event later than 
one year from [the effective date of these Title IX regulations]. With 
respect to physical education classes and activities at the secondary 
and post-secondary levels, the recipient shall comply fully with this 
section as expeditiously as possible but in no event later than three 
years from [the effective date of these Title IX regulations].
    (2) This section does not prohibit grouping of students in physical 
education classes and activities by ability as assessed by objective 
standards of individual performance developed and applied without 
regard to sex.
    (3) This section does not prohibit separation of students by sex 
within physical education classes or activities during participation in 
wrestling, boxing, rugby, ice hockey, football, basketball, and other 
sports the purpose or major activity of which involves bodily contact.
    (4) Where use of a single standard of measuring skill or progress 
in a physical education class has an adverse effect on members of one 
sex, the recipient shall use appropriate standards that do not have 
such effect.
    (5) Portions of classes in elementary and secondary schools that 
deal exclusively with human sexuality may be conducted in separate 
sessions for boys and girls.
    (6) Recipients may make requirements based on vocal range or 
quality that may result in a chorus or choruses of one or predominantly 
one sex.

Section ______.420  Access to Schools Operated By LEAs

    A recipient that is a local educational agency shall not, on the 
basis of sex, exclude any person from admission to:
    (a) Any institution of vocational education operated by such 
recipient; or
    (b) Any other school or educational unit operated by such 
recipient, unless such recipient otherwise makes available to such 
person, pursuant to the same policies and criteria of admission, 
courses, services, and facilities comparable to each course, service, 
and facility offered in or through such schools.

Section ______.425  Counseling and Use of Appraisal and Counseling 
Materials

    (a) Counseling. A recipient shall not discriminate against any 
person on the basis of sex in the counseling or guidance of students or 
applicants for admission.
    (b) Use of appraisal and counseling materials. A recipient that 
uses testing or other materials for appraising or counseling students 
shall not use different materials for students on the basis of their 
sex or use materials that permit or require different treatment of 
students on such basis unless such different materials cover the same 
occupations and interest areas and the use of such different materials 
is shown to be essential to eliminate sex bias. Recipients shall 
develop and use internal procedures for ensuring that such materials do 
not discriminate on the basis of sex. Where the use of a counseling 
test or other instrument results in a substantially disproportionate 
number of members of one sex in any particular course of study or 
classification, the recipient shall take such action as is necessary to 
assure itself that such disproportion is not the

[[Page 58581]]

result of discrimination in the instrument or its application.
    (c) Disproportion in classes. Where a recipient finds that a 
particular class contains a substantially disproportionate number of 
individuals of one sex, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination on the basis of sex in counseling or appraisal materials 
or by counselors.

Section ______.430  Financial Assistance

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, in providing financial assistance to any of its students, a 
recipient shall not:
    (1) On the basis of sex, provide different amounts or types of such 
assistance, limit eligibility for such assistance that is of any 
particular type or source, apply different criteria, or otherwise 
discriminate;
    (2) Through solicitation, listing, approval, provision of 
facilities, or other services, assist any foundation, trust, agency, 
organization, or person that provides assistance to any of such 
recipient's students in a manner that discriminates on the basis of 
sex; or
    (3) Apply any rule or assist in application of any rule concerning 
eligibility for such assistance that treats persons of one sex 
differently from persons of the other sex with regard to marital or 
parental status.
    (b) Financial aid established by certain legal instruments. (1) A 
recipient may administer or assist in the administration of 
scholarships, fellowships, or other forms of financial assistance 
established pursuant to domestic or foreign wills, trusts, bequests, or 
similar legal instruments or by acts of a foreign government that 
require that awards be made to members of a particular sex specified 
therein; Provided, that the overall effect of the award of such sex-
restricted scholarships, fellowships, and other forms of financial 
assistance does not discriminate on the basis of sex.
    (2) To ensure nondiscriminatory awards of assistance as required in 
paragraph (b)(1) of this section, recipients shall develop and use 
procedures under which:
    (i) Students are selected for award of financial assistance on the 
basis of nondiscriminatory criteria and not on the basis of 
availability of funds restricted to members of a particular sex;
    (ii) An appropriate sex-restricted scholarship, fellowship, or 
other form of financial assistance is allocated to each student 
selected under paragraph (b)(2)(i) of this section; and
    (iii) No student is denied the award for which he or she was 
selected under paragraph (b)(2)(i) of this section because of the 
absence of a scholarship, fellowship, or other form of financial 
assistance designated for a member of that student's sex.
    (c) Athletic scholarships. (1) To the extent that a recipient 
awards athletic scholarships or grants-in-aid, it must provide 
reasonable opportunities for such awards for members of each sex in 
proportion to the number of students of each sex participating in 
interscholastic or intercollegiate athletics.
    (2) A recipient may provide separate athletic scholarships or 
grants-in-aid for members of each sex as part of separate athletic 
teams for members of each sex to the extent consistent with this 
paragraph (c) and Sec. ______.450.

Section ______.435  Employment Assistance to Students

    (a) Assistance by recipient in making available outside employment. 
A recipient that assists any agency, organization, or person in making 
employment available to any of its students:
    (1) Shall assure itself that such employment is made available 
without discrimination on the basis of sex; and
    (2) Shall not render such services to any agency, organization, or 
person that discriminates on the basis of sex in its employment 
practices.
    (b) Employment of students by recipients. A recipient that employs 
any of its students shall not do so in a manner that violates 
Secs. ______.500 through ______.550.

Section ______.440  Health and Insurance Benefits and Services

    Subject to Sec. ______.235(d), in providing a medical, hospital, 
accident, or life insurance benefit, service, policy, or plan to any of 
its students, a recipient shall not discriminate on the basis of sex, 
or provide such benefit, service, policy, or plan in a manner that 
would violate Secs. ______.500 through ______.550 if it were provided 
to employees of the recipient. This section shall not prohibit a 
recipient from providing any benefit or service that may be used by a 
different proportion of students of one sex than of the other, 
including family planning services. However, any recipient that 
provides full coverage health service shall provide gynecological care.

Section ______.445   Marital or parental status

    (a) Status generally. A recipient shall not apply any rule 
concerning a student's actual or potential parental, family, or marital 
status that treats students differently on the basis of sex.
    (b) Pregnancy and related conditions. (1) A recipient shall not 
discriminate against any student, or exclude any student from its 
education program or activity, including any class or extracurricular 
activity, on the basis of such student's pregnancy, childbirth, false 
pregnancy, termination of pregnancy, or recovery therefrom, unless the 
student requests voluntarily to participate in a separate portion of 
the program or activity of the recipient.
    (2) A recipient may require such a student to obtain the 
certification of a physician that the student is physically and 
emotionally able to continue participation in the normal education 
program or activity as long as such a certification is required of all 
students for other physical or emotional conditions requiring the 
attention of a physician.
    (3) A recipient that operates a portion of its education program or 
activity separately for pregnant students, admittance to which is 
completely voluntary on the part of the student as provided in 
paragraph (b)(1) of this section, shall ensure that the instructional 
program in the separate program is comparable to that offered to non-
pregnant students.
    (4) Subject to Sec. ______.235(d), a recipient shall treat 
pregnancy, childbirth, false pregnancy, termination of pregnancy and 
recovery therefrom in the same manner and under the same policies as 
any other temporary disability with respect to any medical or hospital 
benefit, service, plan, or policy that such recipient administers, 
operates, offers, or participates in with respect to students admitted 
to the recipient's educational program or activity.
    (5) In the case of a recipient that does not maintain a leave 
policy for its students, or in the case of a student who does not 
otherwise qualify for leave under such a policy, a recipient shall 
treat pregnancy, childbirth, false pregnancy, termination of pregnancy, 
and recovery therefrom as a justification for a leave of absence for as 
long a period of time as is deemed medically necessary by the student's 
physician, at the conclusion of which the student shall be reinstated 
to the status that she held when the leave began.

[[Page 58582]]

Section ______.450  Athletics

    (a) General. No person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, be treated differently 
from another person, or otherwise be discriminated against in any 
interscholastic, intercollegiate, club, or intramural athletics offered 
by a recipient, and no recipient shall provide any such athletics 
separately on such basis.
    (b) Separate teams. Notwithstanding the requirements of paragraph 
(a) of this section, a recipient may operate or sponsor separate teams 
for members of each sex where selection for such teams is based upon 
competitive skill or the activity involved is a contact sport. However, 
where a recipient operates or sponsors a team in a particular sport for 
members of one sex but operates or sponsors no such team for members of 
the other sex, and athletic opportunities for members of that sex have 
previously been limited, members of the excluded sex must be allowed to 
try out for the team offered unless the sport involved is a contact 
sport. For the purposes of these Title IX regulations, contact sports 
include boxing, wrestling, rugby, ice hockey, football, basketball, and 
other sports the purpose or major activity of which involves bodily 
contact.
    (c) Equal opportunity. (1) A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics shall 
provide equal athletic opportunity for members of both sexes. In 
determining whether equal opportunities are available, the designated 
agency official will consider, among other factors:
    (i) Whether the selection of sports and levels of competition 
effectively accommodate the interests and abilities of members of both 
sexes;
    (ii) The provision of equipment and supplies;
    (iii) Scheduling of games and practice time;
    (iv) Travel and per diem allowance;
    (v) Opportunity to receive coaching and academic tutoring;
    (vi) Assignment and compensation of coaches and tutors;
    (vii) Provision of locker rooms, practice, and competitive 
facilities;
    (viii) Provision of medical and training facilities and services;
    (ix) Provision of housing and dining facilities and services;
    (x) Publicity.
    (2) For purposes of paragraph (c)(1) of this section, unequal 
aggregate expenditures for members of each sex or unequal expenditures 
for male and female teams if a recipient operates or sponsors separate 
teams will not constitute noncompliance with this section, but the 
designated agency official may consider the failure to provide 
necessary funds for teams for one sex in assessing equality of 
opportunity for members of each sex.
    (d) Adjustment period. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
elementary school level shall comply fully with this section as 
expeditiously as possible but in no event later than one year from [the 
effective date of these Title IX regulations]. A recipient that 
operates or sponsors interscholastic, intercollegiate, club, or 
intramural athletics at the secondary or postsecondary school level 
shall comply fully with this section as expeditiously as possible but 
in no event later than three years from [the effective date of these 
Title IX regulations].

Section ____.455  Textbooks and Curricular Material

    Nothing in these Title IX regulations shall be interpreted as 
requiring or prohibiting or abridging in any way the use of particular 
textbooks or curricular materials.

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

Section ____.500  Employment

    (a) General. (1) No person shall, on the basis of sex, be excluded 
from participation in, be denied the benefits of, or be subjected to 
discrimination in employment, or recruitment, consideration, or 
selection therefor, whether full-time or part-time, under any education 
program or activity operated by a recipient that receives Federal 
financial assistance.
    (2) A recipient shall make all employment decisions in any 
education program or activity operated by such recipient in a 
nondiscriminatory manner and shall not limit, segregate, or classify 
applicants or employees in any way that could adversely affect any 
applicant's or employee's employment opportunities or status because of 
sex.
    (3) A recipient shall not enter into any contractual or other 
relationship which directly or indirectly has the effect of subjecting 
employees or students to discrimination prohibited by Secs. ____.500 
through ____.550, including relationships with employment and referral 
agencies, with labor unions, and with organizations providing or 
administering fringe benefits to employees of the recipient.
    (4) A recipient shall not grant preferences to applicants for 
employment on the basis of attendance at any educational institution or 
entity that admits as students only or predominantly members of one 
sex, if the giving of such preferences has the effect of discriminating 
on the basis of sex in violation of these Title IX regulations.
    (b) Application. The provisions of Secs. ____.500 through ____.550 
apply to:
    (1) Recruitment, advertising, and the process of application for 
employment;
    (2) Hiring, upgrading, promotion, consideration for and award of 
tenure, demotion, transfer, layoff, termination, application of 
nepotism policies, right of return from layoff, and rehiring;
    (3) Rates of pay or any other form of compensation, and changes in 
compensation;
    (4) Job assignments, classifications, and structure, including 
position descriptions, lines of progression, and seniority lists;
    (5) The terms of any collective bargaining agreement;
    (6) Granting and return from leaves of absence, leave for 
pregnancy, childbirth, false pregnancy, termination of pregnancy, leave 
for persons of either sex to care for children or dependents, or any 
other leave;
    (7) Fringe benefits available by virtue of employment, whether or 
not administered by the recipient;
    (8) Selection and financial support for training, including 
apprenticeship, professional meetings, conferences, and other related 
activities, selection for tuition assistance, selection for sabbaticals 
and leaves of absence to pursue training;
    (9) Employer-sponsored activities, including social or recreational 
programs; and
    (10) Any other term, condition, or privilege of employment.

Section ____.505  Employment Criteria

    A recipient shall not administer or operate any test or other 
criterion for any employment opportunity that has a disproportionately 
adverse effect on persons on the basis of sex unless:
    (a) Use of such test or other criterion is shown to predict validly 
successful performance in the position in question; and
    (b) Alternative tests or criteria for such purpose, which do not 
have such disproportionately adverse effect, are shown to be 
unavailable.

Section ____.510  Recruitment

    (a) Nondiscriminatory recruitment and hiring. A recipient shall not 
discriminate on the basis of sex in the recruitment and hiring of 
employees. Where a recipient has been found to be

[[Page 58583]]

presently discriminating on the basis of sex in the recruitment or 
hiring of employees, or has been found to have so discriminated in the 
past, the recipient shall recruit members of the sex so discriminated 
against so as to overcome the effects of such past or present 
discrimination.
    (b) Recruitment patterns. A recipient shall not recruit primarily 
or exclusively at entities that furnish as applicants only or 
predominantly members of one sex if such actions have the effect of 
discriminating on the basis of sex in violation of Secs. ____.500 
through ____.550.

Section ____.515  Compensation

    A recipient shall not make or enforce any policy or practice that, 
on the basis of sex:
    (a) Makes distinctions in rates of pay or other compensation;
    (b) Results in the payment of wages to employees of one sex at a 
rate less than that paid to employees of the opposite sex for equal 
work on jobs the performance of which requires equal skill, effort, and 
responsibility, and that are performed under similar working 
conditions.

Section ____.520  Job Classification and Structure

    A recipient shall not:
    (a) Classify a job as being for males or for females;
    (b) Maintain or establish separate lines of progression, seniority 
lists, career ladders, or tenure systems based on sex; or
    (c) Maintain or establish separate lines of progression, seniority 
systems, career ladders, or tenure systems for similar jobs, position 
descriptions, or job requirements that classify persons on the basis of 
sex, unless sex is a bona fide occupational qualification for the 
positions in question as set forth in Sec. ____.550.

Section ____.525  Fringe Benefits

    (a) ``Fringe benefits'' defined. For purposes of these Title IX 
regulations, fringe benefits means: Any medical, hospital, accident, 
life insurance, or retirement benefit, service, policy or plan, any 
profit-sharing or bonus plan, leave, and any other benefit or service 
of employment not subject to the provision of Sec. ____.515.
    (b) Prohibitions. A recipient shall not:
    (1) Discriminate on the basis of sex with regard to making fringe 
benefits available to employees or make fringe benefits available to 
spouses, families, or dependents of employees differently upon the 
basis of the employee's sex;
    (2) Administer, operate, offer, or participate in a fringe benefit 
plan that does not provide for equal periodic benefits for members of 
each sex and for equal contributions to the plan by such recipient for 
members of each sex; or
    (3) Administer, operate, offer, or participate in a pension or 
retirement plan that establishes different optional or compulsory 
retirement ages based on sex or that otherwise discriminates in 
benefits on the basis of sex.

Section ____.530  Marital or Parental Status

    (a) General. A recipient shall not apply any policy or take any 
employment action:
    (1) Concerning the potential marital, parental, or family status of 
an employee or applicant for employment that treats persons differently 
on the basis of sex; or
    (2) Which is based upon whether an employee or applicant for 
employment is the head of household or principal wage earner in such 
employee's or applicant's family unit.
    (b) Pregnancy. A recipient shall not discriminate against or 
exclude from employment any employee or applicant for employment on the 
basis of pregnancy, childbirth, false pregnancy, termination of 
pregnancy, or recovery therefrom.
    (c) Pregnancy as a temporary disability. Subject to 
Sec. ____.235(d), a recipient shall treat pregnancy, childbirth, false 
pregnancy, termination of pregnancy, recovery therefrom, and any 
temporary disability resulting therefrom as any other temporary 
disability for all job-related purposes, including commencement, 
duration, and extensions of leave, payment of disability income, 
accrual of seniority and any other benefit or service, and 
reinstatement, and under any fringe benefit offered to employees by 
virtue of employment.
    (d) Pregnancy leave. In the case of a recipient that does not 
maintain a leave policy for its employees, or in the case of an 
employee with insufficient leave or accrued employment time to qualify 
for leave under such a policy, a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy, and recovery 
therefrom as a justification for a leave of absence without pay for a 
reasonable period of time, at the conclusion of which the employee 
shall be reinstated to the status that she held when the leave began or 
to a comparable position, without decrease in rate of compensation or 
loss of promotional opportunities, or any other right or privilege of 
employment.

Section ____.535  Effect of State or Local Law or Other Requirements

    (a) Prohibitory requirements. The obligation to comply with 
Secs. ____.500 through ____.550 is not obviated or alleviated by the 
existence of any State or local law or other requirement that imposes 
prohibitions or limits upon employment of members of one sex that are 
not imposed upon members of the other sex.
    (b) Benefits. A recipient that provides any compensation, service, 
or benefit to members of one sex pursuant to a State or local law or 
other requirement shall provide the same compensation, service, or 
benefit to members of the other sex.

Section ____.540  Advertising

    A recipient shall not in any advertising related to employment 
indicate preference, limitation, specification, or discrimination based 
on sex unless sex is a bona fide occupational qualification for the 
particular job in question.

Section ____.545  Pre-employment Inquiries

    (a) Marital status. A recipient shall not make pre-employment 
inquiry as to the marital status of an applicant for employment, 
including whether such applicant is ``Miss'' or ``Mrs.''
    (b) Sex. A recipient may make pre-employment inquiry as to the sex 
of an applicant for employment, but only if such inquiry is made 
equally of such applicants of both sexes and if the results of such 
inquiry are not used in connection with discrimination prohibited by 
these Title IX regulations.

Section ____.550  Sex as a Bona Fide Occupational Qualification

    A recipient may take action otherwise prohibited by Secs. ____.500 
through ____.550 provided it is shown that sex is a bona fide 
occupational qualification for that action, such that consideration of 
sex with regard to such action is essential to successful operation of 
the employment function concerned. A recipient shall not take action 
pursuant to this section that is based upon alleged comparative 
employment characteristics or stereotyped characterizations of one or 
the other sex, or upon preference based on sex of the recipient, 
employees, students, or other persons, but nothing contained in this 
section shall prevent a recipient from considering an employee's sex in 
relation to employment in a locker room or toilet facility used only by 
members of one sex.

[[Page 58584]]

Subpart F--Procedures

Section ____.600  Notice of Covered Programs

    Within 60 days of [the publication as a final rule of these Title 
IX regulations], each Federal agency that awards Federal financial 
assistance shall publish in the Federal Register a notice of the 
programs covered by these Title IX regulations. Each such Federal 
agency shall periodically republish the notice of covered programs to 
reflect changes in covered programs. Copies of this notice also shall 
be made available upon request to the Federal agency's office that 
enforces Title IX.

Proposed Adoption of the Common Rule

    The proposed adoption of the common rule by the participating 
agencies, as modified by agency-specific text, is set forth below:

NUCLEAR REGULATORY COMMISSION

10 CFR Part 5

FOR FURTHER INFORMATION CONTACT: Irene P. Little, Office of Small 
Business and Civil Rights, U.S. Nuclear Regulatory Commission, 
Washington, D.C. 20555, (301) 415-7380.

List of Subjects in 10 CFR Part 5

    Administrative practice and procedure, Buildings and facilities, 
Civil rights, Colleges and universities, Education of individuals with 
disabilities, Education, Educational facilities, Educational research, 
Educational study programs, Equal educational opportunity, Equal 
employment opportunity, Graduate fellowship program, Grant programs--
education, Individuals with disabilities, Investigations, Reporting and 
recordkeeping requirements, Sex discrimination, State agreement 
program, Student aid, Women.

    Dated: January 8, 1999.
William D. Travers,
Executive Director for Operations.

    For the reasons stated in the preamble, the Nuclear Regulatory 
Commission proposes to amend 10 CFR, chapter I, as follows:
    1. Part 5 is added as set forth at the end of the common preamble 
to read as follows:

PART 5--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

5.100  Purpose and effective date
5.105  Definitions
5.110  Remedial and affirmative action and self-evaluation
5.115  Assurance required
5.120  Transfers of property
5.125  Effect of other requirements
5.130  Effect of employment opportunities
5.135  Designation of responsible employee and adoption of grievance 
procedures
5.140  Dissemination of policy

Subpart B--Coverage

5.200  Application
5.205  Educational institutions and other entities controlled by 
religious organizations
5.210  Military and merchant marine educational institutions
5.215  Membership practices of certain organizations
5.220  Admissions
5.225  Educational institutions eligible to submit transition plans
5.230  Transition plans
5.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

5.300  Admission
5.305  Preference in admission
5.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

5.400  Education programs and activities
5.405  Housing
5.410  Comparable facilities
5.415  Access to course offerings
5.420  Access to schools operated by LEAs
5.425  Counseling and use of appraisal and counseling materials
5.430  Financial assistance
5.435  Employment assistance to students
5.440  Health and insurance benefits and services
5.445  Marital or parental status
5.450  Athletics
5.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

5.500  Employment
5.505  Employment criteria
5.510  Recruitment
5.515  Compensation
5.520  Job classification and structure
5.525  Fringe benefits
5.530  Marital or parental status
5.535  Effect of state or local law or other requirements
5.540  Advertising
5.545  Pre-employment inquiries
5.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

5.600  Notice of covered programs
5.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 5.105  [Amended]

    2. In Sec. 5.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Program Manager, Civil Rights Program'' is added in its place.
    3. In Sec. 5.105 in the definition of ``Title IX regulations,'' the 
brackets and text within brackets are removed and ``Secs. 5.100 through 
5.605'' is added in its place.
    4. Section 5.605 is added to read as follows:


Sec. 5.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 10 CFR 4.21 through 4.75.

SMALL BUSINESS ADMINISTRATION

13 CFR Part 113

FOR FURTHER INFORMATION CONTACT: Erline M. Patrick, Assistant 
Administrator for Equal Employment Opportunity and Civil Rights 
Compliance, U.S. Small Business Administration, 409 3rd Street, S.W., 
Washington, D.C. 20416, (202) 205-6750.

List of Subjects in 13 CFR Part 113

    Administrative practice and procedure, Civil rights, Educational 
facilities, Grant programs--education, Loan programs--education, Sex 
discrimination, Women.
Aida Alvarez,
Administrator.

    For the reasons stated in the preamble, the Small Business 
Administration proposes to amend 13 CFR part 113 as follows:

PART 113--NONDISCRIMINATION IN FINANCIAL ASSISTANCE PROGRAMS OF 
SBA--EFFECTUATION OF POLICIES OF FEDERAL GOVERNMENT AND SBA 
ADMINISTRATOR

    1. The authority for part 113 is revised to read as follows:

    Authority: 15 U.S.C. 633, 634, 687, 1691; 20 U.S.C. 1681, 1682, 
1683, 1685, 1686, 1687, 1688; 29 U.S.C. 794; Sec. 5, Pub. L. 85-536, 
72 Stat. 385, as amended; Sec. 308, Pub. L. 85-699, 72 Stat. 694, as 
amended.

[[Page 58585]]

Secs. 113.1 through 113.8  [Redesignated as Subpart A]

    2. Sections 113.1 through 113.8 are designated as subpart A and the 
subpart heading is added to read as follows:

Subpart A--General Provisions

Appendix A to Part 113 [Redesignated as Appendix A to Subpart A of 
Part 113]

    3. Appendix A to part 113 is redesignated as Appendix A to subpart 
A of part 113 and the heading is revised to read as follows:

Appendix A to Subpart A of Part 113

    4. Subpart B, consisting of Secs. 113.100 through 113.605, is added 
to part 113 as set forth at the end of the common preamble to read as 
follows:

Subpart B--Nondiscrimination on the Basis of Sex in Education Programs 
and Activities Receiving Federal Financial Assistance

Sec.

Introduction

113.100  Purpose and effective date
113.105  Definitions
113.110  Remedial and affirmative action and self-evaluation
113.115  Assurance required
113.120  Transfers of property
113.125  Effect of other requirements
113.130  Effect of employment opportunities
113.135  Designation of responsible employee and adoption of 
grievance procedures
113.140  Dissemination of policy

Coverage

113.200  Application
113.205  Educational institutions and other entities controlled by 
religious organizations
113.210  Military and merchant marine educational institutions
113.215  Membership practices of certain organizations
113.220  Admissions
113.225  Educational institutions eligible to submit transition 
plans
113.230  Transition plans
113.235  Statutory amendments

Discrimination on the Basis of Sex in Admission and Recruitment 
Prohibited

113.300  Admission
113.305  Preference in admission
113.310  Recruitment

Discrimination on the Basis of Sex in Education Programs and Activities 
Prohibited

113.400  Education programs and activities.
113.405  Housing
113.410  Comparable facilities
113.415  Access to course offerings
113.420  Access to schools operated by LEAs
113.425  Counseling and use of appraisal and counseling materials
113.430  Financial assistance
113.435  Employment assistance to students
113.440  Health and insurance benefits and services
113.445  Marital or parental status
113.450  Athletics
113.455  Textbooks and curricular material

Discrimination on the Basis of Sex in Employment in Education Programs 
and Activities Prohibited

113.500  Employment
113.505  Employment criteria
113.510  Recruitment
113.515  Compensation
113.520  Job classification and structure
113.525  Fringe benefits
113.530  Marital or parental status
113.535  Effect of state or local law or other requirements
113.540  Advertising
113.545  Pre-employment inquiries
113.550  Sex as a bona fide occupational qualification

Procedures

113.600  Notice of covered programs
113.605  Enforcement procedures

Subpart B--Nondiscrimination on the Basis of Sex in Education 
Programs and Activities Receiving Federal Financial Assistance

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

Subparts A through F [Removed]

    5. The designations for Subparts A through F as set forth in the 
common rule are removed.


Sec. 113.105  [Amended]

    6. In Sec. 113.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Assistant Administrator for Equal Employment and Civil Rights 
Compliance'' is added in its place.
    7. In Sec. 113.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 113.100 
through 113.605'' is added in its place.
    8. Section 113.605 is added to read as follows:


Sec. 113.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 13 CFR part 112.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1253

FOR FURTHER INFORMATION CONTACT: Fred Dalton, Office of Equal 
Opportunity Programs, NASA Headquarters (Code EI), Washington, D.C. 
20546, (202) 358-0941.

List of Subjects in 14 CFR Part 1253

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Education of individuals with disabilities, 
Educational facilities, Educational research, Educational study 
programs, Elementary and secondary education, Equal educational 
opportunity, Equal employment opportunity, Grant programs--education, 
Investigations, Marital status discrimination, Reporting and 
recordkeeping requirements, Sex discrimination, Student aid, Women.
Daniel S. Goldin,
Administrator.

    For the reasons stated in the preamble, the National Aeronautics 
and Space Administration proposes to amend 14 CFR, chapter V, as 
follows:
    1. Part 1253 is added as set forth at the end of the common 
preamble to read as follows:

PART 1253--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

1253.100  Purpose and effective date
1253.105  Definitions
1253.110  Remedial and affirmative action and self-evaluation
1253.115  Assurance required
1253.120  Transfers of property
1253.125  Effect of other requirements
1253.130  Effect of employment opportunities
1253.135  Designation of responsible employee and adoption of 
grievance procedures
1253.140  Dissemination of policy

Subpart B--Coverage

1253.200  Application
1253.205  Educational institutions and other entities controlled by 
religious organizations
1253.210  Military and merchant marine educational institutions
1253.215  Membership practices of certain organizations
1253.220  Admissions
1253.225  Educational institutions eligible to submit transition 
plans
1253.230  Transition plans
1253.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

1253.300  Admission
1253.305  Preference in admission
1253.310  Recruitment

[[Page 58586]]

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

1253.400  Education programs and activities
1253.405  Housing
1253.410  Comparable facilities
1253.415  Access to course offerings
1253.420  Access to schools operated by LEAs
1253.425  Counseling and use of appraisal and counseling materials
1253.430  Financial assistance
1253.435  Employment assistance to students
1253.440  Health and insurance benefits and services
1253.445  Marital or parental status
1253.450  Athletics
1253.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

1253.500  Employment
1253.505  Employment criteria
1253.510  Recruitment
1253.515  Compensation
1253.520  Job classification and structure
1253.525  Fringe benefits
1253.530  Marital or parental status
1253.535  Effect of state or local law or other requirements
1253.540  Advertising
1253.545  Pre-employment inquiries
1253.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

1253.600  Notice of covered programs
1253.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 1253.105  [Amended]

    2. In Sec. 1253.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Associate Administrator for Equal Opportunity Programs'' is added in 
its place.
    3. In Sec. 1253.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 1253.100 
through 1253.605'' is added in its place.
    4. Section 1253.605 is added to read as follows:


Sec. 1253.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 14 CFR 1250.105 through 
1250.110.

DEPARTMENT OF COMMERCE

15 CFR Part 8a

RIN 0690-AA28
FOR FURTHER INFORMATION CONTACT: Kimberly H. Walton, Director, Office 
of Civil Rights, Department of Commerce, Room 6010, Washington, D.C. 
20230 (202) 482-0625.

List of Subjects in 15 CFR Part 8a

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Equal educational 
opportunity, Equal employment opportunity, Grant programs--education, 
Reporting and recordkeeping requirements, Sex discrimination, Women.
Kimberly H. Walton,
Director, Office of Civil Rights, Department of Commerce.

    For the reasons stated in the preamble, the Department of Commerce 
proposes to amend 15 CFR, subtitle A, as follows:
    1. Part 8a is added as set forth at the end of the common preamble 
to read as follows:

PART 8a--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.
8a.100  Purpose and effective date
8a.105  Definitions
8a.110  Remedial and affirmative action and self-evaluation
8a.115  Assurance required
8a.120  Transfers of property
8a.125  Effect of other requirements
8a.130  Effect of employment opportunities
8a.135  Designation of responsible employee and adoption of 
grievance procedures
8a.140  Dissemination of policy

Subpart B--Coverage

8a.200  Application
8a.205  Educational institutions and other entities controlled by 
religious organizations
8a.210  Military and merchant marine educational institutions
8a.215  Membership practices of certain organizations
8a.220  Admissions
8a.225  Educational institutions eligible to submit transition plans
8a.230  Transition plans
8a.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

8a.300  Admission
8a.305  Preference in admission
8a.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

8a.400  Education programs and activities
8a.405  Housing
8a.410  Comparable facilities
8a.415  Access to course offerings
8a.420  Access to schools operated by LEAs
8a.425  Counseling and use of appraisal and counseling materials
8a.430  Financial assistance
8a.435  Employment assistance to students
8a.440  Health and insurance benefits and services
8a.445  Marital or parental status
8a.450  Athletics
8a.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

8a.500  Employment
8a.505  Employment criteria
8a.510  Recruitment
8a.515  Compensation
8a.520  Job classification and structure
8a.525  Fringe benefits
8a.530  Marital or parental status
8a.535  Effect of state or local law or other requirements
8a.540  Advertising
8a.545  Pre-employment inquiries
8a.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

8a.600  Notice of covered programs
8a.605  Enforcement procedures.

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 8a.105  [Amended]

    2. In Sec. 8a.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and the 
following text is added in its place: ``with respect to any program 
receiving Federal financial assistance, the Secretary or other official 
of the Department who by law or by delegation has the principal 
authority within the Department for the administration of a law 
extending such assistance. Designated agency official also means any 
officials so designated by due delegation of authority within the 
Department to act in such capacity with regard to any program under 
these Title IX regulations''.
    3. In Sec. 8a.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 8a.100 
through 8a.605'' is added in its place.
    4. Section 8a.605 is added to read as follows:


Sec. 8a.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX

[[Page 58587]]

regulations. These procedures may be found at 15 CFR 8.7 through 8.15, 
and 13 CFR part 317.

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1317

FOR FURTHER INFORMATION CONTACT: Franklin E. Alford, Manager, Supplier 
and Diverse Business Relations, 1101 Market Street, WR 3J, Chattanooga, 
Tennessee 37402, (423) 751-7203.

List of Subjects in 18 CFR Part 1317

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Equal educational opportunity, Equal 
employment opportunity, Marital status discrimination, Reporting and 
recordkeeping requirements, Sex discrimination, Women.
Franklin E. Alford,
Manager, Supplier and Diverse Business Relations.

    For the reasons stated in the preamble, the Tennessee Valley 
Authority proposes to amend 18 CFR, chapter XIII, as follows:
    1. Part 1317 is added as set forth at the end of the common 
preamble to read as follows:

PART 1317--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

1317.100  Purpose and effective date
1317.105  Definitions
1317.110  Remedial and affirmative action and self-evaluation
1317.115  Assurance required
1317.120  Transfers of property
1317.125  Effect of other requirements
1317.130  Effect of employment opportunities
1317.135  Designation of responsible employee and adoption of 
grievance procedures
1317.140  Dissemination of policy

Subpart B--Coverage

1317.200  Application
1317.205  Educational institutions and other entities controlled by 
religious organizations
1317.210  Military and merchant marine educational institutions
1317.215  Membership practices of certain organizations
1317.220  Admissions
1317.225  Educational institutions eligible to submit transition 
plans
1317.230  Transition plans
1317.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

1317.300  Admission
1317.305  Preference in admission
1317.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

1317.400  Education programs and activities
1317.405  Housing
1317.410  Comparable facilities
1317.415  Access to course offerings
1317.420  Access to schools operated by LEAs
1317.425  Counseling and use of appraisal and counseling materials
1317.430  Financial assistance
1317.435  Employment assistance to students
1317.440  Health and insurance benefits and services
1317.445  Marital or parental status
1317.450  Athletics
1317.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

1317.500  Employment
1317.505  Employment criteria
1317.510  Recruitment
1317.515  Compensation
1317.520  Job classification and structure
1317.525  Fringe benefits
1317.530  Marital or parental status
1317.535  Effect of state or local law or other requirements
1317.540  Advertising
1317.545  Pre-employment inquiries
1317.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

1317.600  Notice of covered programs
1317.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 1317.105  [Amended]

    2. In Sec. 1317.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Manager, Supplier and Diverse Business Relations'' is added in its 
place.
    3. In Sec. 1317.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 1317.100 
through 1317.605'' is added in its place.
    4. Section 1317.605 is added to read as follows:


Sec. 1317.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 18 CFR part 1302.

DEPARTMENT OF STATE

22 CFR Part 146

FOR FURTHER INFORMATION CONTACT: Paul M. Coran, Attorney Advisor, 
Office of Equal Employment Opportunity and Civil Rights, Department of 
State, Room 4216, Washington, D.C. 20520, (202) 647-9295.

List of Subjects in 22 CFR Part 146

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational research, Educational study 
programs, Equal educational opportunity, Equal employment opportunity, 
Grant programs--education, Sex discrimination, Women.

    Dated: December 8, 1997.
Bonnie R. Cohen,
Under Secretary of State for Management.

    For the reasons stated in the preamble, the Department of State 
proposes to amend 22 CFR, chapter I, subchapter O, as follows:
    1. Part 146 is added as set forth at the end of the common preamble 
to read as follows:

PART 146--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

146.100  Purpose and effective date
146.105  Definitions
146.110  Remedial and affirmative action and self-evaluation
146.115  Assurance required
146.120  Transfers of property
146.125  Effect of other requirements
146.130  Effect of employment opportunities
146.135  Designation of responsible employee and adoption of 
grievance procedures
146.140  Dissemination of policy

Subpart B--Coverage

146.200  Application
146.205  Educational institutions and other entities controlled by 
religious organizations
146.210  Military and merchant marine educational institutions
146.215  Membership practices of certain organizations
146.220  Admissions
146.225  Educational institutions eligible to submit transition 
plans
146.230  Transition plans
146.235  Statutory amendments

[[Page 58588]]

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

146.300  Admission
146.305  Preference in admission
146.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

146.400  Education programs and activities
146.405  Housing
146.410  Comparable facilities
146.415  Access to course offerings
146.420  Access to schools operated by LEAs
146.425  Counseling and use of appraisal and counseling materials
146.430  Financial assistance
146.435  Employment assistance to students
146.440  Health and insurance benefits and services
146.445  Marital or parental status
146.450  Athletics
146.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

146.500  Employment
146.505  Employment criteria
146.510  Recruitment
146.515  Compensation
146.520  Job classification and structure
146.525  Fringe benefits
146.530  Marital or parental status
146.535  Effect of state or local law or other requirements
146.540  Advertising
146.545  Pre-employment inquiries
146.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

146.600  Notice of covered programs
146.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

Sec. 146.105  [Amended]

    2. In Sec. 146.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Deputy Assistant Secretary for the Office of Equal Employment 
Opportunity and Civil Rights'' is added in its place.
    3. In Sec. 146.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 146.100 
through 146.605'' is added in its place.
    4. Section 146.605 is added to read as follows:


Sec. 146.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 22 CFR part 141.

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 229

FOR FURTHER INFORMATION CONTACT: Jessalyn L. Pendarvis, Director, 
Office of Equal Opportunity Programs, Agency for International 
Development, Washington, D.C. 20523, (202) 712-1110.

List of Subjects in 22 CFR Part 229

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Educational research, 
Educational study programs, Elementary and secondary education, Equal 
educational opportunity, Equal employment opportunity, Grant programs--
education, Investigations, Reporting and recordkeeping requirements, 
Sex discrimination, Student aid, Women.
Jessalyn L. Pendarvis,
Director, Office of Equal Opportunity Programs.

    For the reasons stated in the preamble, the Agency for 
International Development proposes to amend 22 CFR, chapter II, as 
follows:
    1. Part 229 is added as set forth at the end of the common preamble 
to read as follows:

PART 229--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.
229.100  Purpose and effective date
229.105  Definitions
229.110  Remedial and affirmative action and self-evaluation
229.115  Assurance required
229.120  Transfers of property
229.125  Effect of other requirements
229.130  Effect of employment opportunities
229.135  Designation of responsible employee and adoption of 
grievance procedures
229.140  Dissemination of policy

Subpart B--Coverage

229.200  Application
229.205  Educational institutions and other entities controlled by 
religious organizations
229.210  Military and merchant marine educational institutions
229.215  Membership practices of certain organizations
229.220  Admissions
229.225  Educational institutions eligible to submit transition 
plans
229.230  Transition plans
229.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

229.300  Admission
229.305  Preference in admission
229.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

229.400  Education programs and activities
229.405  Housing
229.410  Comparable facilities
229.415  Access to course offerings
229.420  Access to schools operated by LEAs
229.425  Counseling and use of appraisal and counseling materials
229.430  Financial assistance
229.435  Employment assistance to students
229.440  Health and insurance benefits and services
229.445  Marital or parental status
229.450  Athletics
229.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

229.500  Employment
229.505  Employment criteria
229.510  Recruitment
229.515  Compensation
229.520  Job classification and structure
229.525  Fringe benefits
229.530  Marital or parental status
229.535  Effect of state or local law or other requirements
229.540  Advertising
229.545  Pre-employment inquiries
229.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

229.600  Notice of covered programs
229.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 229.105  [Amended]

    2. In Sec. 229.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Office of Equal Opportunity Programs'' is added in its 
place.
    3. In Sec. 229.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 229.100 
through 229.605'' is added in its place.
    4. Section 229.605 is added to read as follows:


Sec. 229.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 22 CFR part 209.

[[Page 58589]]

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3

[Agency Docket No. FR-4301-P-01]
RIN 2501-AC42
FOR FURTHER INFORMATION CONTACT: Juan E. Milanes, Acting Director, 
Office of Enforcement, Office of Fair Housing and Equal Opportunity, 
Department of Housing and Urban Development, 451 Seventh Street, 
Washington, D.C. 20410-0500, (202) 708-0836, ext. 6962. (This telephone 
number is not toll-free.) Hearing or speech-impaired persons may access 
this number via TTY by calling the Federal Information Relay Service at 
800-877-8339.

List of Subjects in 24 CFR Part 3

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Educational research, 
Educational study programs, Equal educational opportunity, Equal 
employment opportunity, Grant programs--education, Investigations, Loan 
programs--education, Religious discrimination, Reporting and 
recordkeeping requirements, Sex discrimination, Student aid, Women.
Andrew Cuomo,
Secretary of Housing and Urban Development.

    For the reasons stated in the preamble, the Department of Housing 
and Urban Development proposes to amend 24 CFR, subtitle A, as follows:
    1. Part 3 is added as set forth at the end of the common preamble 
to read as follows:

PART 3--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.
3.100  Purpose and effective date
3.105  Definitions
3.110  Remedial and affirmative action and self-evaluation
3.115  Assurance required
3.120  Transfers of property
3.125  Effect of other requirements
3.130  Effect of employment opportunities
3.135  Designation of responsible employee and adoption of grievance 
procedures
3.140  Dissemination of policy

Subpart B--Coverage

3.200  Application
3.205  Educational institutions and other entities controlled by 
religious organizations
3.210  Military and merchant marine educational institutions
3.215  Membership practices of certain organizations
3.220  Admissions
3.225  Educational institutions eligible to submit transition plans
3.230  Transition plans
3.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

3.300  Admission
3.305  Preference in admission
3.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

3.400  Education programs and activities
3.405  Housing
3.410  Comparable facilities
3.415  Access to course offerings
3.420  Access to schools operated by LEAs
3.425  Counseling and use of appraisal and counseling materials
3.430  Financial assistance
3.435  Employment assistance to students
3.440  Health and insurance benefits and services
3.445  Marital or parental status
3.450  Athletics
3.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

3.500  Employment
3.505  Employment criteria
3.510  Recruitment
3.515  Compensation
3.520  Job classification and structure
3.525  Fringe benefits
3.530  Marital or parental status
3.535  Effect of state or local law or other requirements
3.540  Advertising
3.545  Pre-employment inquiries
3.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

3.600  Notice of covered programs
3.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 3.105  [Amended]

    2. In Sec. 3.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Assistant Secretary for Fair Housing and Equal Opportunity'' is added 
in its place.
    3. In Sec. 3.105 in the definition of ``Title IX regulations,'' the 
brackets and text within brackets are removed and ``Secs. 3.100 through 
3.605'' is added in its place.
    4. Section 3.605 is added to read as follows:


Sec. 3.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 24 CFR part 1.

DEPARTMENT OF JUSTICE

28 CFR Part 54

[AG Order No. 2265-99]
RIN 1190-AA28
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief, 
Coordination and Review Section, Civil Rights Division, Department of 
Justice, P.O. Box 66560, Washington, D.C. 20036-6560, (202) 307-2222.

List of Subjects in 28 CFR Part 54

    Administrative practice and procedure, Buildings and facilities, 
Civil rights, Colleges and universities, Education, Educational 
facilities, Educational research, Educational study programs, 
Elementary and secondary education, Equal educational opportunity, 
Equal employment opportunity, Grant programs--education, Individuals 
with disabilities, Investigations, Loan programs--education, Reporting 
and recordkeeping requirements, Sex discrimination, Student aid, Women.

    Dated: October 4, 1999.
Janet Reno,
Attorney General.

    For the reasons stated in the preamble, the Department of Justice 
proposes to amend 28 CFR, chapter I, as follows:
    1. Part 54 is added as set forth at the end of the common preamble 
to read as follows:

PART 54--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

54.100  Purpose and effective date
54.105  Definitions
54.110  Remedial and affirmative action and self-evaluation
54.115  Assurance required
54.120  Transfers of property
54.125  Effect of other requirements
54.130  Effect of employment opportunities
54.135  Designation of responsible employee and adoption of 
grievance procedures
54.140  Dissemination of policy

Subpart B--Coverage

54.200  Application
54.205  Educational institutions and other entities controlled by 
religious organizations
54.210  Military and merchant marine educational institutions

[[Page 58590]]

54.215  Membership practices of certain organizations
54.220  Admissions
54.225  Educational institutions eligible to submit transition plans
54.230  Transition plans
54.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

54.300  Admission
54.305  Preference in admission
54.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

54.400  Education programs and activities
54.405  Housing
54.410  Comparable facilities
54.415  Access to course offerings
54.420  Access to schools operated by LEAs
54.425  Counseling and use of appraisal and counseling materials
54.430  Financial assistance
54.435  Employment assistance to students
54.440  Health and insurance benefits and services
54.445  Marital or parental status
54.450  Athletics
54.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

54.500  Employment
54.505  Employment criteria
54.510  Recruitment
54.515  Compensation
54.520  Job classification and structure
54.525  Fringe benefits
54.530  Marital or parental status
54.535  Effect of state or local law or other requirements
54.540  Advertising
54.545  Pre-employment inquiries
54.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

54.600  Notice of covered programs
54.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 54.105  [Amended]

    2. In Sec. 54.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and ``the 
Assistant Attorney General, Civil Rights Division'' is added in its 
place.
    3. In Sec. 54.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 54.100 
through 54.605'' is added in its place.
    4. Section 54.605 is added to read as follows:


Sec. 54.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 28 CFR 42.106 through 
42.111.

DEPARTMENT OF LABOR

29 CFR Part 36

FOR FURTHER INFORMATION CONTACT: Bud West, Senior Policy Advisor, Civil 
Rights Center, Department of Labor, 200 Constitution Avenue, N.W., Room 
N-4123, Washington, D.C. 20210, (202) 219-8927 (voice), (202) 219-6118, 
or (202) 326-2577 (TTY/TTD).

List of Subjects in 29 CFR Part 36

    Administrative practice and procedure, Civil rights, Equal 
educational opportunity, Equal employment opportunity, Grant programs--
labor, Investigations, Reporting and recordkeeping requirements, Sex 
discrimination, Women.

    Dated: January 14, 1999.
Alexis M. Herman,
Secretary of Labor.

    For the reasons stated in the preamble, the Department of Labor 
proposes to amend 29 CFR, subtitle A, as follows:
    1. Part 36 is added as set forth at the end of the common preamble 
to read as follows:

PART 36--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.
36.100  Purpose and effective date
36.105  Definitions
36.110  Remedial and affirmative action and self-evaluation
36.115  Assurance required
36.120  Transfers of property
36.125  Effect of other requirements
36.130  Effect of employment opportunities
36.135  Designation of responsible employee and adoption of 
grievance procedures
36.140  Dissemination of policy

Subpart B--Coverage

36.200  Application
36.205  Educational institutions and other entities controlled by 
religious organizations
36.210  Military and merchant marine educational institutions
36.215  Membership practices of certain organizations
36.220  Admissions
36.225  Educational institutions eligible to submit transition plans
36.230  Transition plans
36.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

36.300  Admission
36.305  Preference in admission
36.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

36.400  Education programs and activities
36.405  Housing
36.410  Comparable facilities
36.415  Access to course offerings
36.420  Access to schools operated by LEAs
36.425  Counseling and use of appraisal and counseling materials
36.430  Financial assistance
36.435  Employment assistance to students
36.440  Health and insurance benefits and services
36.445  Marital or parental status
36.450  Athletics
36.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

36.500  Employment
36.505  Employment criteria
36.510  Recruitment
36.515  Compensation
36.520  Job classification and structure
36.525  Fringe benefits
36.530  Marital or parental status
36.535  Effect of state or local law or other requirements
36.540  Advertising
36.545  Pre-employment inquiries
36.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

36.600  Notice of covered programs
36.605  Enforcement procedures
36.610  Compliance with 29 CFR part 34

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 36.105  [Amended]

    2. In Sec. 36.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Civil Rights Center'' is added in its place.
    3. In Sec. 36.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 36.100 
through 36.610'' is added in its place.
    4. Sections 36.605 and 36.610 are added to read as follows:


Sec. 36.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 29 CFR 31.5, 31.7 through 
31.11.

[[Page 58591]]

Sec. 36.610  Compliance with 29 CFR Part 34.

    Compliance with section 167 of the Job Training Partnership Act, as 
amended (JTPA), 29 U.S.C. 1577, and implementing regulations at 29 CFR 
part 34 shall satisfy the obligation of recipients of Federal financial 
assistance from the Department of Labor under JTPA to comply with these 
Title IX regulations.

DEPARTMENT OF THE TREASURY

31 CFR Part 28

FOR FURTHER INFORMATION CONTACT: Marcia H. Coates, Director, Office of 
Equal Opportunity Program, 1500 Pennsylvania Avenue, N.W., Room 5110 
Annex, Washington, D.C. 20220, (202) 622-1160.

List of Subjects in 31 CFR Part 28

    Administrative practice and procedure, Age discrimination, Civil 
rights, Colleges and universities, Education, Educational facilities, 
Educational research, Educational study programs, Elementary and 
secondary education, Equal educational opportunity, Equal employment 
opportunity, Grant programs--education, Individuals with disabilities, 
Investigations, Religious discrimination, Reporting and recordkeeping 
requirements, Sex discrimination, Student aid, Women.

    Dated: December 9, 1997.
Nancy Killefer,
Assistant Secretary for Management and Chief Financial Officer.

    For the reasons stated in the preamble, the Department of the 
Treasury proposes to amend 31 CFR, Subtitle A, as follows:
    1. Part 28 is added as set forth at the end of the common preamble 
to read as follows:

PART 28--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

28.100  Purpose and effective date
28.105  Definitions
28.110  Remedial and affirmative action and self-evaluation
28.115  Assurance required
28.120  Transfers of property
28.125  Effect of other requirements
28.130  Effect of employment opportunities
28.135  Designation of responsible employee and adoption of 
grievance procedures
28.140  Dissemination of policy

Subpart B--Coverage

28.200  Application
28.205  Educational institutions and other entities controlled by 
religious organizations
28.210  Military and merchant marine educational institutions
28.215  Membership practices of certain organizations
28.220  Admissions
28.225  Educational institutions eligible to submit transition plans
28.230  Transition plans
28.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

28.300  Admission
28.305  Preference in admission
28.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

28.400  Education programs and activities
28.405  Housing
28.410  Comparable facilities
28.415  Access to course offerings
28.420  Access to schools operated by LEAs
28.425  Counseling and use of appraisal and counseling materials
28.430  Financial assistance
28.435  Employment assistance to students
28.440  Health and insurance benefits and services
28.445  Marital or parental status
28.450  Athletics
28.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

28.500  Employment
28.505  Employment criteria
28.510  Recruitment
28.515  Compensation
28.520  Job classification and structure
28.525  Fringe benefits
28.530  Marital or parental status
28.535  Effect of state or local law or other requirement
28.540  Advertising
28.545  Pre-employment inquiries
28.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

28.600  Notice of covered programs
28.605  Compliance information
28.610  Conduct of investigations
28.615  Procedure for effecting compliance
28.620  Hearings
28.625  Decisions and notices
28.630  Judicial review
28.635  Forms and instructions; coordination

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

    2. In Sec. 28.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Assistant Secretary for Management and Chief Financial Officer'' is 
added in its place.
    3. In Sec. 28.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 28.100 
through 28.635'' is added in its place.
    4. In Sec. 28.105 add new definitions in alphabetical order to read 
as follows:


Sec. 28.105  Definitions.

* * * * *
    Department means Department of the Treasury.
* * * * *
    Reviewing authority means that component of the Department 
delegated authority to review the decisions of hearing officers in 
cases arising under these Title IX regulations.
    Secretary means Secretary of the Treasury.
* * * * *
    5. Sections 28.605, 28.610, 26.615, 28.620, 28.625, 28.630, and 
28.635 are added to read as follows:


Sec. 28.605  Compliance information.

    (a) Cooperation and assistance. The designated agency official 
shall to the fullest extent practicable seek the cooperation of 
recipients in obtaining compliance with these Title IX regulations and 
shall provide assistance and guidance to recipients to help them comply 
voluntarily with these Title IX regulations.
    (b) Compliance reports. Each recipient shall keep such records and 
submit to the designated agency official (or designee) timely, complete 
and accurate compliance reports at such times, and in such form and 
containing such information, as the designated agency official (or 
designee) may determine to be necessary to enable the official to 
ascertain whether the recipient has complied or is complying with these 
Title IX regulations. In the case of any program under which a primary 
recipient extends Federal financial assistance to any other recipient, 
such other recipient shall also submit such compliance reports to the 
primary recipient as may be necessary to enable the primary recipient 
to carry out its obligations under these Title IX regulations.
    (c) Access to sources of information. Each recipient shall permit 
access by the designated agency official (or designee) during normal 
business hours to such of its books, records, accounts, and other 
sources of information, and its facilities as may be pertinent to 
ascertain compliance with these Title IX regulations. Where any 
information required of a recipient is in the exclusive possession of 
any other agency, institution or person and this agency, institution or 
person shall fail or

[[Page 58592]]

refuse to furnish this information the recipient shall so certify in 
its report and shall set forth what efforts it has made to obtain the 
information. Asserted considerations of privacy or confidentiality may 
not operate to bar the Department from evaluating or seeking to enforce 
compliance with these Title IX regulations. Information of a 
confidential nature obtained in connection with compliance evaluation 
or enforcement shall not be disclosed except where necessary in formal 
enforcement proceedings or where otherwise required by law.
    (d) Information to beneficiaries and participants. Each recipient 
shall make available to participants, beneficiaries, and other 
interested persons such information regarding the provisions of these 
Title IX regulations and their applicability to the program for which 
the recipient receives Federal financial assistance, and make such 
information available to them in such manner, as the designated agency 
official finds necessary to apprise such persons of the protections 
against discrimination assured them by Title IX and these Title IX 
regulations.


Sec. 28.610  Conduct of investigations.

    (a) Periodic compliance reviews. The designated agency official (or 
designee) shall from time to time review the practices of recipients to 
determine whether they are complying with these Title IX regulations.
    (b) Complaints. Any person who believes himself or herself or any 
specific class of individuals to be subjected to discrimination 
prohibited by these Title IX regulations may by himself or herself or 
by a representative file with the designated agency official (or 
designee) a written complaint. A complaint must be filed not later than 
180 days from the date of the alleged discrimination, unless the time 
for filing is extended by the designated agency official (or designee).
    (c) Investigations. The designated agency official (or designee) 
will make a prompt investigation whenever a compliance review, report, 
complaint, or any other information indicates a possible failure to 
comply with these Title IX regulations. The investigation should 
include, where appropriate, a review of the pertinent practices and 
policies of the recipient, the circumstances under which the possible 
noncompliance with these Title IX regulations occurred, and other 
factors relevant to a determination as to whether the recipient has 
failed to comply with these Title IX regulations.
    (d) Resolution of matters. (1) If an investigation pursuant to 
paragraph (c) of this section indicates a failure to comply with these 
Title IX regulations, the designated agency official (or designee) will 
so inform the recipient and the matter will be resolved by informal 
means whenever possible. If it has been determined that the matter 
cannot be resolved by informal means, action will be taken as provided 
for in Sec. 28.615.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d)(1) of this section the designated agency official (or 
designee) will so inform the recipient and the complainant, if any, in 
writing.
    (e) Intimidatory or retaliatory acts prohibited. No recipient or 
other person shall intimidate, threaten, coerce, or discriminate 
against any individual for the purpose of interfering with any right or 
privilege secured by Title IX or these Title IX regulations, or because 
he or she has made a complaint, testified, assisted, or participated in 
any manner in an investigation, proceeding or hearing under these Title 
IX regulations. The identity of complainants shall be kept confidential 
except to the extent necessary to carry out the purposes of these Title 
IX regulations, including the conduct of any investigation, hearing, or 
judicial proceeding arising under these Title IX regulations.


Sec. 28.615  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with these Title IX regulations, and if the noncompliance or 
threatened noncompliance cannot be corrected by informal means, 
compliance with these Title IX regulations may be effected by the 
suspension or termination of or refusal to grant or to continue Federal 
financial assistance or by any other means authorized by law. Such 
other means may include, but are not limited to:
    (1) A reference to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States, or any assurance or 
other contractual undertaking; and
    (2) Any applicable proceeding under State or local law.
    (b) Noncompliance with Sec. 28.115. If an applicant fails or 
refuses to furnish an assurance or otherwise fails or refuses to comply 
with a requirement imposed by or pursuant to Sec. 28.115, Federal 
financial assistance may be refused in accordance with the procedures 
of paragraph (c) of this section. The Department shall not be required 
to provide assistance in such a case during the pendency of the 
administrative proceedings under paragraph (c) of this section except 
that the Department shall continue assistance during the pendency of 
such proceedings where such assistance is due and payable pursuant to 
an application therefor approved prior to [the effective date of these 
Title IX regulations].
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. (1) No order suspending, terminating or refusing 
to grant or continue Federal financial assistance shall become 
effective until:
    (i) The designated agency official has advised the applicant or 
recipient of its failure to comply and has determined that compliance 
cannot be secured by voluntary means;
    (ii) There has been an express finding on the record, after 
opportunity for hearing, of a failure by the applicant or recipient to 
comply with a requirement imposed by or pursuant to these Title IX 
regulations; and
    (iii) The expiration of 30 days after the Secretary has filed with 
the committee of the House and the committee of the Senate having 
legislative jurisdiction over the program involved, a full written 
report of the circumstances and the grounds for such action.
    (2) Any action to suspend or terminate or to refuse to grant or to 
continue Federal financial assistance shall be limited to the 
particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.
    (d) Other means authorized by law. (1) No action to effect 
compliance by any other means authorized by law shall be taken until:
    (i) The designated agency official has determined that compliance 
cannot be secured by voluntary means;
    (ii) The recipient has been notified of its failure to comply and 
of the action to be taken to effect compliance; and
    (iii) The expiration of at least 10 days from the mailing of such 
notice to the recipient.
    (2) During this period of at least 10 days additional efforts shall 
be made to persuade the recipient to comply with these Title IX 
regulations and to take such corrective action as may be appropriate.


Sec. 28.620  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 28.615(c), reasonable notice shall

[[Page 58593]]

be given by registered or certified mail, return receipt requested, to 
the affected applicant or recipient. This notice shall advise the 
applicant or recipient of the action proposed to be taken, the specific 
provision under which the proposed action against it is to be taken, 
and the matters of fact or law asserted as the basis for this action, 
and either:
    (1) Fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the designated 
agency official that the matter be scheduled for hearing; or
    (2) Advise the applicant or recipient that the matter in question 
has been set down for hearing at a stated place and time. The time and 
place so fixed shall be reasonable and shall be subject to change for 
cause. The complainant, if any, shall be advised of the time and place 
of the hearing. An applicant or recipient may waive a hearing and 
submit written information and argument for the record. The failure of 
an applicant or recipient to request a hearing for which a date has 
been set shall be deemed to be a waiver of the right to a hearing under 
20 U.S.C. 1682 and Sec. 28.615(c) and consent to the making of a 
decision on the basis of such information as may be filed as the 
record.
    (b) Time and place of hearing. Hearings shall be held at the 
offices of the Department in Washington, DC, at a time fixed by the 
designated agency official unless the official determines that the 
convenience of the applicant or recipient or of the Department requires 
that another place be selected. Hearings shall be held before a hearing 
officer designated in accordance with 5 U.S.C. 556(b).
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and the Department shall have the right to be 
represented by counsel.
    (d) Procedures, evidence, and record. (1) The hearing, decision, 
and any administrative review thereof shall be conducted in conformity 
with 5 U.S.C. 554-557 (sections 5-8 of the Administrative Procedure 
Act), and in accordance with such rules of procedure as are proper (and 
not inconsistent with this section) relating to the conduct of the 
hearing, giving of notices subsequent to those provided for in 
paragraph (a) of this section, taking of testimony, exhibits, arguments 
and briefs, requests for findings, and other related matters. Both the 
Department and the applicant or recipient shall be entitled to 
introduce all relevant evidence on the issues as stated in the notice 
for hearing or as determined by the hearing officer at the outset of or 
during the hearing. Any person (other than a Government employee 
considered to be on official business) who, having been invited or 
requested to appear and testify as a witness on the Government's 
behalf, attends at a time and place scheduled for a hearing provided 
for by these Title IX regulations, may be reimbursed for his or her 
travel and actual expenses of attendance in an amount not to exceed the 
amount payable under the standardized travel regulations to a 
Government employee traveling on official business.
    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to these Title IX regulations, but rules or 
principles designed to assure production of the most credible evidence 
available and to subject testimony to test by cross-examination shall 
be applied where reasonably necessary by the hearing officer. The 
hearing officer may exclude irrelevant, immaterial, or unduly 
repetitious evidence. All documents and other evidence offered or taken 
for the record shall be open to examination by the parties and 
opportunity shall be given to refute facts and arguments advanced on 
either side of the issues. A transcript shall be made of the oral 
evidence except to the extent the substance thereof is stipulated for 
the record. All decisions shall be based upon the hearing record and 
written findings shall be made.
    (e) Consolidated or Joint Hearings. In cases in which the same or 
related facts are asserted to constitute noncompliance with these Title 
IX regulations with respect to two or more programs to which these 
Title IX regulations apply, or noncompliance with these Title IX 
regulations and the regulations of one or more other Federal 
departments or agencies issued under Title IX, the designated agency 
official may, by agreement with such other departments or agencies 
where applicable, provide for the conduct of consolidated or joint 
hearings, and for the application to such hearings of rules of 
procedures not inconsistent with these Title IX regulations. Final 
decisions in such cases, insofar as these Title IX regulations are 
concerned, shall be made in accordance with Sec. 28.625.


Sec. 28.625  Decisions and notices.

    (a) Decisions by hearing officers. After a hearing is held by a 
hearing officer such hearing officer shall either make an initial 
decision, if so authorized, or certify the entire record including 
recommended findings and proposed decision to the reviewing authority 
for a final decision, and a copy of such initial decision or 
certification shall be mailed to the applicant or recipient and to the 
complainant, if any. Where the initial decision referred to in this 
paragraph or in paragraph (c) of this section is made by the hearing 
officer, the applicant or recipient or the counsel for the Department 
may, within the period provided for in the rules of procedure issued by 
the designated agency official, file with the reviewing authority 
exceptions to the initial decision, with the reasons therefor. Upon the 
filing of such exceptions the reviewing authority shall review the 
initial decision and issue its own decision thereof including the 
reasons therefor. In the absence of exceptions the initial decision 
shall constitute the final decision, subject to the provisions of 
paragraph (e) of this section.
    (b) Decisions on record or review by the reviewing authority. 
Whenever a record is certified to the reviewing authority for decision 
or it reviews the decision of a hearing officer pursuant to paragraph 
(a) or (c) of this section, the applicant or recipient shall be given 
reasonable opportunity to file with it briefs or other written 
statements of its contentions, and a copy of the final decision of the 
reviewing authority shall be given in writing to the applicant or 
recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 28.620, the reviewing authority 
shall make its final decision on the record or refer the matter to a 
hearing officer for an initial decision to be made on the record. A 
copy of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.
    (d) Rulings required. Each decision of a hearing officer or 
reviewing authority shall set forth a ruling on each finding, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to these Title IX regulations 
with which it is found that the applicant or recipient has failed to 
comply.
    (e) Review in certain cases by the Secretary of the Treasury. If 
the Secretary has not personally made the final decision referred to in 
paragraph (a), (b), or (c) of this section, a recipient or applicant or 
the counsel for the Department may request the Secretary to review a 
decision of the reviewing authority in accordance with rules of 
procedure issued by the designated agency official. Such review is not 
a matter of right and shall be granted only where the Secretary 
determines there are special and important reasons therefor. The 
Secretary may grant or deny such request, in whole or in part.

[[Page 58594]]

The Secretary may also review such a decision upon his own motion in 
accordance with rules of procedure issued by the designated agency 
official. In the absence of a review under this paragraph, a final 
decision referred to in paragraph (a), (b), or (c) of this section 
shall become the final decision of the Department when the Secretary 
transmits it as such to Congressional committees with the report 
required under 20 U.S.C. 1682. Failure of an applicant or recipient to 
file an exception with the reviewing authority or to request review 
under this paragraph shall not be deemed a failure to exhaust 
administrative remedies for the purpose of obtaining judicial review.
    (f) Content of orders. The final decision may provide for 
suspension or termination of, or refusal to grant or continue Federal 
financial assistance, in whole or in part, to which these Title IX 
regulations apply, and may contain such terms, conditions, and other 
provisions as are consistent with and will effectuate the purposes of 
Title IX and these Title IX regulations, including provisions designed 
to assure that no Federal financial assistance to which these Title IX 
regulations apply will thereafter be extended under such law or laws to 
the applicant or recipient determined by such decision to be in default 
in its performance of an assurance given by it pursuant to these Title 
IX regulations, or to have otherwise failed to comply with these Title 
IX regulations unless and until it corrects its noncompliance and 
satisfies the designated agency official that it will fully comply with 
these Title IX regulations.
    (g) Post-termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
these Title IX regulations and provides reasonable assurance that it 
will fully comply with these Title IX regulations. An elementary or 
secondary school or school system which is unable to file an assurance 
of compliance shall be restored to full eligibility to receive Federal 
financial assistance if it files a court order or a plan for 
desegregation which meets the applicable requirements and provides 
reasonable assurance that it will comply with the court order or plan.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the designated agency official to restore fully its eligibility 
to receive Federal financial assistance. Any such request shall be 
supported by information showing that the applicant or recipient has 
met the requirements of paragraph (g)(1) of this section. If the 
designated agency official determines that those requirements have been 
satisfied, the official shall restore such eligibility.
    (3) If the designated agency official denies any such request, the 
applicant or recipient may submit a request for a hearing in writing, 
specifying why it believes such official to have been in error. It 
shall thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the designated 
agency official. The applicant or recipient will be restored to such 
eligibility if it proves at such hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings 
under this paragraph (g) are pending, the sanctions imposed by the 
order issued under paragraph (f) of this section shall remain in 
effect.


Sec. 28.630  Judicial review.

    Action taken pursuant to 20 U.S.C. 1682 is subject to judicial 
review as provided in 20 U.S.C. 1683.


Sec. 28.635  Forms and instructions; coordination.

    (a) Forms and instructions. The designated agency official shall 
issue and promptly make available to interested persons forms and 
detailed instructions and procedures for effectuating these Title IX 
regulations.
    (b) Supervision and coordination. The designated agency official 
may from time to time assign to officials of the Department, or to 
officials of other departments or agencies of the Government with the 
consent of such departments or agencies, responsibilities in connection 
with the effectuation of the purposes of Title IX and these Title IX 
regulations (other than responsibility for review as provided in 
Sec. 28.625(e)), including the achievements of effective coordination 
and maximum uniformity within the Department and within the Executive 
Branch of the Government in the application of Title IX and these Title 
IX regulations to similar programs and in similar situations. Any 
action taken, determination made, or requirement imposed by an official 
of another department or agency acting pursuant to an assignment of 
responsibility under this section shall have the same effect as though 
such action had been taken by the designated official of this 
Department.

DEPARTMENT OF DEFENSE

32 CFR Part 196

FOR FURTHER INFORMATION CONTACT: William E. Leftwich, III, Deputy 
Assistant Secretary of Defense (Equal Opportunity), Room 3A272, The 
Pentagon, Washington, D.C. 20301-4000, (703) 695-0105.

List of Subjects in 32 CFR Part 196

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Educational research, 
Educational study programs, Elementary and secondary education, Equal 
educational opportunity, Grant programs--education, Investigations, 
Loan programs--education, Reporting and recordkeeping requirements, Sex 
discrimination, Student aid, Women.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
    For the reasons stated in the preamble, the Department of Defense 
proposes to amend 32 CFR, chapter I, subchapter M, as follows:
    1. Part 196 is added as set forth at the end of the common preamble 
to read as follows:

PART 196--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

196.100  Purpose and effective date
196.105  Definitions
196.110  Remedial and affirmative action and self-evaluation
196.115  Assurance required
196.120  Transfers of property
196.125  Effect of other requirements
196.130  Effect of employment opportunities
196.135  Designation of responsible employee and adoption of 
grievance procedures
196.140  Dissemination of policy.

Subpart B--Coverage

196.200  Application
196.205  Educational institutions and other entities controlled by 
religious organizations
196.210  Military and merchant marine educational institutions
196.215  Membership practices of certain organizations
196.220  Admissions
196.225  Educational institutions eligible to submit transition 
plans
196.230  Transition plans
196.235  Statutory amendments.

[[Page 58595]]

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

196.300  Admission
196.305  Preference in admission
196.310  Recruitment.

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

196.400  Education programs and activities
196.405  Housing
196.410  Comparable facilities
196.415  Access to course offerings
196.420  Access to schools operated by LEAs
196.425  Counseling and use of appraisal and counseling materials
196.430  Financial assistance
196.435  Employment assistance to students
196.440  Health and insurance benefits and services
196.445  Marital or parental status
196.450  Athletics.
196.455  Textbooks and curricular material.

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

196.500  Employment.
196.505  Employment criteria
196.510  Recruitment
196.515  Compensation
196.520  Job classification and structure
196.525  Fringe benefits
196.530  Marital or parental status
196.535  Effect of state or local law or other requirements
196.540   Advertising
196.545  Pre-employment inquiries
196.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

196.600  Notice of covered programs
196.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688

Sec. 196.105  [Amended]

    2. In Sec. 196.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Assistant Secretary of Defense (Force Management Policy)'' is added 
in its place.
    3. In Sec. 196.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 196.100 
through 196.605'' is added in its place.
    4. Section 196.605 is added to read as follows:


Sec. 196.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 32 CFR 195.7 through 
195.12.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1211

FOR FURTHER INFORMATION CONTACT: Nancy Allard, Policy and 
Communications Staff (NPOL), 8601 Adelphi Road, College Park, Maryland 
20740-6001, (301) 713-7360 ext. 226

List of Subjects in 36 CFR Part 1211

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Discrimination, Discrimination in Education, Education, 
Educational study programs, Employment, Equal educational opportunity, 
Equal employment opportunity, Grant programs--archives and records, 
Grant programs--education, Nondiscrimination, Reporting and 
recordkeeping requirements, Sex discrimination.

    Dated: February 5, 1999.
John W. Carlin,
Archivist of the United States.

    For the reasons stated in the preamble, the National Archives and 
Records Administration proposes to amend 36 CFR, chapter XII, 
subchapter A, as follows:
    1. Part 1211 is added as set forth at the end of the common 
preamble to read as follows:

PART 1211--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec

1211.100  Purpose and effective date
1211.105  Definitions
1211.110  Remedial and affirmative action and self-evaluation
1211.115  Assurance required
1211.120  Transfers of property
1211.125  Effect of other requirements
1211.130  Effect of employment opportunities
1211.135  Designation of responsible employee and adoption of 
grievance procedures
1211.140  Dissemination of policy.

Subpart B--Coverage

1211.200  Application
1211.205  Educational institutions and other entities controlled by 
religious organizations
1211.210  Military and merchant marine educational institutions
1211.215  Membership practices of certain organizations
1211.220  Admissions
1211.225  Educational institutions eligible to submit transition 
plans
1211.230  Transition plans
1211.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

1211.300  Admission
1211.305  Preference in admission
1211.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

1211.400  Education programs and activities
1211.405  Housing
1211.410  Comparable facilities
1211.415  Access to course offerings
1211.420  Access to schools operated by LEAs
1211.425  Counseling and use of appraisal and counseling materials
1211.430  Financial assistance
1211.435  Employment assistance to students
1211.440  Health and insurance benefits and services
1211.445  Marital or parental status
1211.450  Athletics
1211.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

1211.500  Employment
1211.505  Employment criteria
1211.510  Recruitment
1211.515  Compensation
1211.520  Job classification and structure
1211.525  Fringe benefits
1211.530  Marital or parental status
1211.535  Effect of state or local law or other requirements
1211.540  Advertising
1211.545  Pre-employment inquiries
1211.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

1211.600  Notice of covered programs
1211.605  Compliance information
1211.610  Conduct of investigations
1211.615  Procedure for effecting compliance
1211.620  Hearings
1211.625  Decisions and notices
1211.630  Judicial review
1211.635  Forms and instructions; coordination

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 1211.105  [Amended]

    2. In Sec. 1211.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Executive Director, National Historical Publications and Records 
Commission'' is added in its place.
    3. In Sec. 1211.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``36 CFR 1211.100 
through 1211.635'' is added in its place.
    4. Sections 1211.605, 1211.610, 1211.615, 1211.620, 1211.625, 
1211.630 and 1211.635 are added to read as follows:

[[Page 58596]]

Sec. 1211.605  Compliance information.

    (a) Cooperation and assistance The designated agency official shall 
to the fullest extent practicable seek the cooperation of recipients in 
obtaining compliance with these Title IX regulations and shall provide 
assistance and guidance to recipients to help them comply voluntarily 
with these Title IX regulations.
    (b) Compliance reports Each recipient shall keep such records and 
submit to the designated agency official (or designee) timely, complete 
and accurate compliance reports at such times, and in such form and 
containing such information, as the designated agency official (or 
designee) may determine to be necessary to enable the official to 
ascertain whether the recipient has complied or is complying with these 
Title IX regulations. In the case of any program under which a primary 
recipient extends Federal financial assistance to any other recipient, 
such other recipient shall also submit such compliance reports to the 
primary recipient as may be necessary to enable the primary recipient 
to carry out its obligations under these Title IX regulations.
    (c) Access to sources of information. Each recipient shall permit 
access by the designated agency official (or designee) during normal 
business hours to such of its books, records, accounts, and other 
sources of information, and its facilities as may be pertinent to 
ascertain compliance with these Title IX regulations. Where any 
information required of a recipient is in the exclusive possession of 
any other agency, institution or person and this agency, institution or 
person shall fail or refuse to furnish this information the recipient 
shall so certify in its report and shall set forth what efforts it has 
made to obtain the information. Asserted considerations of privacy or 
confidentiality may not operate to bar the agency from evaluating or 
seeking to enforce compliance with these Title IX regulations. 
Information of a confidential nature obtained in connection with 
compliance evaluation or enforcement shall not be disclosed except 
where necessary in formal enforcement proceedings or where otherwise 
required by law.
    (d) Information to beneficiaries and participants. Each recipient 
shall make available to participants, beneficiaries, and other 
interested persons such information regarding the provisions of these 
Title IX regulations and their applicability to the program for which 
the recipient receives Federal financial assistance, and make such 
information available to them in such manner, as the designated agency 
official finds necessary to apprise such persons of the protections 
against discrimination assured them by Title IX and these Title IX 
regulations.


Sec. 1211.610  Conduct of investigations.

    (a) Periodic compliance reviews. The designated agency official (or 
designee) shall from time to time review the practices of recipients to 
determine whether they are complying with these Title IX regulations.
    (b) Complaints. Any person who believes himself or herself or any 
specific class of individuals to be subjected to discrimination 
prohibited by these Title IX regulations may by himself or herself or 
by a representative file with the designated agency official (or 
designee) a written complaint. A complaint must be filed not later than 
180 days from the date of the alleged discrimination, unless the time 
for filing is extended by the designated agency official (or designee).
    (c) Investigations. The designated agency official (or designee) 
will make a prompt investigation whenever a compliance review, report, 
complaint, or any other information indicates a possible failure to 
comply with these Title IX regulations. The investigation should 
include, where appropriate, a review of the pertinent practices and 
policies of the recipient, the circumstances under which the possible 
noncompliance with these Title IX regulations occurred, and other 
factors relevant to a determination as to whether the recipient has 
failed to comply with these Title IX regulations.
    (d) Resolution of matters. (1) If an investigation pursuant to 
paragraph (c) of this section indicates a failure to comply with these 
Title IX regulations, the designated agency official (or designee) will 
so inform the recipient and the matter will be resolved by informal 
means whenever possible. If it has been determined that the matter 
cannot be resolved by informal means, action will be taken as provided 
for in Sec. 1211.615.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d) (1) of this section the designated agency official (or 
designee) will so inform the recipient and the complainant, if any, in 
writing.
    (e) Intimidatory or retaliatory acts prohibited. No recipient or 
other person shall intimidate, threaten, coerce, or discriminate 
against any individual for the purpose of interfering with any right or 
privilege secured by Title IX or these Title IX regulations, or because 
he or she has made a complaint, testified, assisted, or participated in 
any manner in an investigation, proceeding or hearing under these Title 
IX regulations. The identity of complainants shall be kept confidential 
except to the extent necessary to carry out the purposes of these Title 
IX regulations, including the conduct of any investigation, hearing, or 
judicial proceeding arising under these Title IX regulations.


Sec. 1211.615  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with these Title IX regulations, and if the noncompliance or 
threatened noncompliance cannot be corrected by informal means, 
compliance with these Title IX regulations may be effected by the 
suspension or termination of or refusal to grant or to continue Federal 
financial assistance or by any other means authorized by law. Such 
other means may include, but are not limited to,
    (1) A reference to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States, or any assurance or 
other contractual undertaking; and
    (2) Any applicable proceeding under State or local law.
    (b) Noncompliance with Sec. 1211.115. If an applicant fails or 
refuses to furnish an assurance or otherwise fails or refuses to comply 
with a requirement imposed by or pursuant to Sec. 1211.115, Federal 
financial assistance may be refused in accordance with the procedures 
of paragraph (c) of this section. The agency shall not be required to 
provide assistance in such a case during the pendency of the 
administrative proceedings under paragraph (c) of this section except 
that the agency shall continue assistance during the pendency of such 
proceedings where such assistance is due and payable pursuant to an 
application therefor approved prior to [the effective date of these 
Title IX regulations].
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. (1) No order suspending, terminating or refusing 
to grant or continue Federal financial assistance shall become 
effective until:
    (i) The designated agency official has advised the applicant or 
recipient of its failure to comply and has determined that compliance 
cannot be secured by voluntary means;
    (ii) There has been an express finding on the record, after 
opportunity for hearing, of a failure by the applicant or recipient to 
comply with a requirement

[[Page 58597]]

imposed by or pursuant to these Title IX regulations; and
    (iii) The expiration of 30 days after the Archivist has filed with 
the committee of the House and the committee of the Senate having 
legislative jurisdiction over the program involved, a full written 
report of the circumstances and the grounds for such action.
    (2) Any action to suspend or terminate or to refuse to grant or to 
continue Federal financial assistance shall be limited to the 
particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.
    (d) Other means authorized by law. (1) No action to effect 
compliance by any other means authorized by law shall be taken until:
    (i) The designated agency official has determined that compliance 
cannot be secured by voluntary means;
    (ii) The recipient has been notified of its failure to comply and 
of the action to be taken to effect compliance; and
    (iii) The expiration of at least 10 days from the mailing of such 
notice to the recipient.
    (2) During this period of at least 10 days additional efforts shall 
be made to persuade the recipient to comply with these Title IX 
regulations and to take such corrective action as may be appropriate.


Sec. 1211.620  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 1211.615(c), reasonable notice shall be given by 
registered or certified mail, return receipt requested, to the affected 
applicant or recipient. This notice shall advise the applicant or 
recipient of the action proposed to be taken, the specific provision 
under which the proposed action against it is to be taken, and the 
matters of fact or law asserted as the basis for this action, and 
either:
    (1) Fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the designated 
agency official that the matter be scheduled for hearing; or
    (2) Advise the applicant or recipient that the matter in question 
has been set down for hearing at a stated place and time. The time and 
place so fixed shall be reasonable and shall be subject to change for 
cause. The complainant, if any, shall be advised of the time and place 
of the hearing. An applicant or recipient may waive a hearing and 
submit written information and argument for the record. The failure of 
an applicant or recipient to request a hearing for which a date has 
been set shall be deemed to be a waiver of the right to a hearing under 
20 U.S.C. 1682 and Sec. 1211.615(c) and consent to the making of a 
decision on the basis of such information as may be filed as the 
record.
    (b) Time and place of hearing. Hearings shall be held at the 
offices of the agency in Washington, DC, at a time fixed by the 
designated agency official unless the official determines that the 
convenience of the applicant or recipient or of the agency requires 
that another place be selected. Hearings shall be held before a hearing 
officer designated in accordance with 5 U.S.C. 556(b).
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and the agency shall have the right to be 
represented by counsel.
    (d) Procedures, evidence, and record. (1) The hearing, decision, 
and any administrative review thereof shall be conducted in conformity 
with 5 U.S.C. 554-557 (sections 5 through 8 of the Administrative 
Procedure Act), and in accordance with such rules of procedure as are 
proper (and not inconsistent with this section) relating to the conduct 
of the hearing, giving of notices subsequent to those provided for in 
paragraph (a) of this section, taking of testimony, exhibits, arguments 
and briefs, requests for findings, and other related matters. Both the 
agency and the applicant or recipient shall be entitled to introduce 
all relevant evidence on the issues as stated in the notice for hearing 
or as determined by the hearing officer at the outset of or during the 
hearing. Any person (other than a Government employee considered to be 
on official business) who, having been invited or requested to appear 
and testify as a witness on the Government's behalf, attends at a time 
and place scheduled for a hearing provided for by these Title IX 
regulations, may be reimbursed for his or her travel and actual 
expenses of attendance in an amount not to exceed the amount payable 
under the standardized travel regulations to a Government employee 
traveling on official business.
    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to these Title IX regulations, but rules or 
principles designed to assure production of the most credible evidence 
available and to subject testimony to test by cross-examination shall 
be applied where reasonably necessary by the hearing officer. The 
hearing officer may exclude irrelevant, immaterial, or unduly 
repetitious evidence. All documents and other evidence offered or taken 
for the record shall be open to examination by the parties and 
opportunity shall be given to refute facts and arguments advanced on 
either side of the issues. A transcript shall be made of the oral 
evidence except to the extent the substance thereof is stipulated for 
the record. All decisions shall be based upon the hearing record and 
written findings shall be made.
    (e) Consolidated or joint hearings. In cases in which the same or 
related facts are asserted to constitute noncompliance with these Title 
IX regulations with respect to two or more programs to which these 
Title IX regulations apply, or noncompliance with these Title IX 
regulations and the regulations of one or more other Federal 
departments or agencies issued under Title IX, the designated agency 
official may, by agreement with such other departments or agencies 
where applicable, provide for the conduct of consolidated or joint 
hearings, and for the application to such hearings of rules of 
procedures not inconsistent with these Title IX regulations. Final 
decisions in such cases, insofar as these Title IX regulations are 
concerned, shall be made in accordance with Sec. 1211.625.


Sec. 1211.625  Decisions and notices.

    (a) Decisions by hearing officers. After a hearing is held by a 
hearing officer such hearing officer shall either make an initial 
decision, if so authorized, or certify the entire record including 
recommended findings and proposed decision to the reviewing authority 
for a final decision, and a copy of such initial decision or 
certification shall be mailed to the applicant or recipient and to the 
complainant, if any. Where the initial decision referred to in this 
paragraph or in paragraph (c) of this section is made by the hearing 
officer, the applicant or recipient or the counsel for the agency may, 
within the period provided for in the rules of procedure issued by the 
designated agency official, file with the reviewing authority 
exceptions to the initial decision, with the reasons therefor. Upon the 
filing of such exceptions the reviewing authority shall review the 
initial decision and issue its own decision thereof including the 
reasons therefor. In the absence of exceptions the initial decision 
shall constitute the final decision, subject to the provisions of 
paragraph (e) of this section.
    (b) Decisions on record or review by the reviewing authority. 
Whenever a record is certified to the reviewing authority for decision 
or it reviews the decision of a hearing officer pursuant to

[[Page 58598]]

paragraph (a) or (c) of this section, the applicant or recipient shall 
be given reasonable opportunity to file with it briefs or other written 
statements of its contentions, and a copy of the final decision of the 
reviewing authority shall be given in writing to the applicant or 
recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 1211.620, the reviewing authority 
shall make its final decision on the record or refer the matter to a 
hearing officer for an initial decision to be made on the record. A 
copy of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.
    (d) Rulings required. Each decision of a hearing officer or 
reviewing authority shall set forth a ruling on each finding, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to these Title IX regulations 
with which it is found that the applicant or recipient has failed to 
comply.
    (e) Review in certain cases by the Archivist of the United States. 
If the Archivist has not personally made the final decision referred to 
in paragraph (a), (b), or (c) of this section, a recipient or applicant 
or the counsel for the agency may request the Archivist to review a 
decision of the reviewing authority in accordance with rules of 
procedure issued by the designated agency official. Such review is not 
a matter of right and shall be granted only where the Archivist 
determines there are special and important reasons therefor. The 
Archivist may grant or deny such request, in whole or in part. The 
Archivist may also review such a decision upon his own motion in 
accordance with rules of procedure issued by the National Archives and 
Records Administration. In the absence of a review under this 
paragraph, a final decision referred to in paragraph (a), (b), or (c) 
of this section shall become the final decision of the agency when the 
Archivist transmits it as such to Congressional committees with the 
report required under 20 U.S.C. 1682. Failure of an applicant or 
recipient to file an exception with the reviewing authority or to 
request review under this paragraph shall not be deemed a failure to 
exhaust administrative remedies for the purpose of obtaining judicial 
review.
    (f) Content of orders. The final decision may provide for 
suspension or termination of, or refusal to grant or continue Federal 
financial assistance, in whole or in part, to which these Title IX 
regulations apply, and may contain such terms, conditions, and other 
provisions as are consistent with and will effectuate the purposes of 
Title IX and these Title IX regulations, including provisions designed 
to assure that no Federal financial assistance to which these Title IX 
regulations apply will thereafter be extended under such law or laws to 
the applicant or recipient determined by such decision to be in default 
in its performance of an assurance given by it pursuant to these Title 
IX regulations, or to have otherwise failed to comply with these Title 
IX regulations unless and until it corrects its noncompliance and 
satisfies the designated agency official that it will fully comply with 
these Title IX regulations.
    (g) Post-termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
these Title IX regulations and provides reasonable assurance that it 
will fully comply with these Title IX regulations. An elementary or 
secondary school or school system which is unable to file an assurance 
of compliance shall be restored to full eligibility to receive Federal 
financial assistance if it files a court order or a plan for 
desegregation which meets the applicable requirements and provides 
reasonable assurance that it will comply with the court order or plan.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the designated agency official to restore fully its eligibility 
to receive Federal financial assistance. Any such request shall be 
supported by information showing that the applicant or recipient has 
met the requirements of paragraph (g)(1) of this section. If the 
designated agency official determines that those requirements have been 
satisfied, the official shall restore such eligibility.
    (3) If the designated agency official denies any such request, the 
applicant or recipient may submit a request for a hearing in writing, 
specifying why it believes such official to have been in error. It 
shall thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the designated 
agency official. The applicant or recipient will be restored to such 
eligibility if it proves at such hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings 
under this paragraph (g) are pending, the sanctions imposed by the 
order issued under paragraph (f) of this section shall remain in 
effect.


Sec. 1211.630  Judicial review.

    Action taken pursuant to 20 U.S.C. 1682 is subject to judicial 
review as provided in 20 U.S.C. 1683.


Sec. 1211.635  Forms and instructions; coordination.

    (a) Forms and instructions. The designated agency official shall 
issue and promptly make available to interested persons forms and 
detailed instructions and procedures for implementing these Title IX 
regulations.
    (b) Supervision and coordination. The Archivist or his designee may 
from time to time assign to officials of the agency, or to officials of 
other departments or agencies of the Government with the consent of 
such departments or agencies, responsibilities in connection with the 
effectuation of the purposes of Title IX and these Title IX regulations 
(other than responsibility for review as provided in Sec. 1211.625(e)), 
including the achievements of effective coordination and maximum 
uniformity within the agency and within the Executive Branch of the 
Government in the application of Title IX and these Title IX 
regulations to similar programs and in similar situations. Any action 
taken, determination made, or requirement imposed by an official of 
another department or agency acting pursuant to an assignment of 
responsibility under this section shall have the same effect as though 
such action had been taken by the designated official of this agency.

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 23

RIN 2900-AJ11
FOR FURTHER INFORMATION CONTACT: Ventris C. Gibson, Deputy Assistant 
Secretary for Resolution Management (08), Department of Veterans 
Affairs, 810 Vermont Avenue, N.W., Washington, D.C. 20420, (202) 273-
9437.

List of Subjects in 38 CFR Part 23

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Educational research, 
Educational study programs, Elementary and secondary education, Equal 
educational opportunity, Equal employment opportunity, Grant programs--
education, Investigations, Loan programs--education, Religious 
discrimination, Reporting and

[[Page 58599]]

recordkeeping requirements, Sex discrimination, Student aid, Women.

    Approved: March 3, 1998.
Togo D. West, Jr.,
Acting Secretary.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs proposes to amend 38 CFR, chapter I, as follows:
    1. Part 23 is added as set forth at the end of the common preamble 
to read as follows:

PART 23--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

23.100  Purpose and effective date
23.105  Definitions
23.110  Remedial and affirmative action and self-evaluation
23.115  Assurance required
23.120  Transfers of property
23.125  Effect of other requirements
23.130  Effect of employment opportunities
23.135  Designation of responsible employee and adoption of 
grievance procedures
23.140  Dissemination of policy

Subpart B--Coverage

23.200  Application
23.205  Educational institutions and other entities controlled by 
religious organizations
23.210  Military and merchant marine educational institutions
23.215  Membership practices of certain organizations
23.220  Admissions
23.225  Educational institutions eligible to submit transition plans
23.230  Transition plans
23.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

23.300  Admission
23.305  Preference in admission
23.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

23.400  Education programs and activities
23.405  Housing
23.410  Comparable facilities
23.415  Access to course offerings
23.420  Access to schools operated by LEAs
23.425  Counseling and use of appraisal and counseling materials
23.430  Financial assistance
23.435  Employment assistance to students
23.440  Health and insurance benefits and services
23.445  Marital or parental status
23.450  Athletics
23.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

23.500  Employment
23.505  Employment criteria
23.510  Recruitment
23.515  Compensation
23.520  Job classification and structure
23.525  Fringe benefits
23.530  Marital or parental status
23.535  Effect of state or local law or other requirements
23.540  Advertising
23.545  Pre-employment inquiries
23.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

23.600  Notice of covered programs
23.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 23.105  [Amended]

    2. In Sec. 23.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Deputy Assistant Secretary for Equal Opportunity'' is added in its 
place.
    3. In Sec. 23.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 23.100 
through 23.605'' is added in its place.
    4. Section 23.605 is added to read as follows:


Sec. 23.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 38 CFR 18.6 through 
18.11.

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 5

FOR FURTHER INFORMATION CONTACT: Ann Goode, Office of Civil Rights, 
Environmental Protection Agency, 401 M Street, S.W. (1201), Washington, 
D.C. 20460, (202) 260-4575.

List of Subjects in 40 CFR Part 5

    Administrative practice and procedure, Buildings and facilities, 
Civil rights, Colleges and universities, Education, Educational 
facilities, Educational research, Educational study programs, 
Elementary and secondary education, Environmental protection, Equal 
educational opportunity, Equal employment opportunity, Grant programs--
education, Loan programs--education, Reporting and recordkeeping 
requirements, Sex discrimination, Student aid, Women.

    Dated: January 15, 1998.
Carol M. Browner,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend 40 CFR, chapter I, subchapter A, as 
follows:
    1. Part 5 is added as set forth at the end of the common preamble 
to read as follows:

PART 5--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

5.100  Purpose and effective date
5.105  Definitions
5.110  Remedial and affirmative action and self-evaluation
5.115  Assurance required
5.120  Transfers of property
5.125  Effect of other requirements
5.130  Effect of employment opportunities
5.135  Designation of responsible employee and adoption of grievance 
procedures
5.140  Dissemination of policy

Subpart B--Coverage

5.200  Application
5.205  Educational institutions and other entities controlled by 
religious organizations
5.210  Military and merchant marine educational institutions
5.215  Membership practices of certain organizations
5.220  Admissions
5.225  Educational institutions eligible to submit transition plans
5.230  Transition plans
5.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

5.300  Admission
5.305  Preference in admission
5.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

5.400  Education programs and activities
5.405  Housing
5.410  Comparable facilities
5.415  Access to course offerings
5.420  Access to schools operated by LEAs
5.425  Counseling and use of appraisal and counseling materials
5.430  Financial assistance
5.435  Employment assistance to students
5.440  Health and insurance benefits and services
5.445  Marital or parental status
5.450  Athletics
5.455  Textbooks and curricular material

[[Page 58600]]

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

5.500  Employment
5.505  Employment criteria
5.510  Recruitment
5.515  Compensation
5.520  Job classification and structure
5.525  Fringe benefits
5.530  Marital or parental status
5.535  Effect of state or local law or other requirements
5.540  Advertising
5.545  Pre-employment inquiries
5.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

5.600  Notice of covered programs
5.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 5.105  [Amended]

    2. In Sec. 5.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and ``the 
Director, Office of Civil Rights'' is added in its place.
    3. In Sec. 5.105 in the definition of ``Title IX regulations,'' the 
brackets and text within brackets are removed and ``Secs. 5.100 through 
5.605'' is added in its place.
    4. Section 5.605 is added to read as follows:


Sec. 5.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 40 CFR 7.105 through 
7.135.

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-4

RIN 3090-AG58
FOR FURTHER INFORMATION CONTACT: James M. Taylor, Director, Office of 
Civil Rights, General Services Administration, 1800 F Street, N.W., 
Room 5127, Washington, D.C. 20405, (202) 501-0767.

List of Subjects in 41 CFR Part 101-4

    Civil rights, Government property management, Sex discrimination, 
Women.
James M. Taylor,
Director, Office of Civil Rights.

    For the reasons stated in the preamble, the General Services 
Administration proposes to amend 41 CFR, chapter 101, subchapter A, as 
follows:
    1. Part 101-4 is added as set forth at the end of the common 
preamble to read as follows:

PART 101-4--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

101-4.100  Purpose and effective date
101-4.105  Definitions
101-4.110  Remedial and affirmative action and self-evaluation
101-4.115  Assurance required
101-4.120  Transfers of property
101-4.125  Effect of other requirements
101-4.130  Effect of employment opportunities
101-4.135  Designation of responsible employee and adoption of 
grievance procedures
101-4.140  Dissemination of policy

Subpart B--Coverage

101-4.200  Application
101-4.205  Educational institutions and other entities controlled by 
religious organizations
101-4.210  Military and merchant marine educational institutions
101-4.215  Membership practices of certain organizations
101-4.220  Admissions
101-4.225  Educational institutions eligible to submit transition 
plans
101-4.230  Transition plans
101-4.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

101-4.300  Admission
101-4.305  Preference in admission
101-4.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

101-4.400  Education programs and activities
101-4.405  Housing
101-4.410  Comparable facilities
101-4.415  Access to course offerings
101-4.420  Access to schools operated by LEAs
101-4.425  Counseling and use of appraisal and counseling materials
101-4.430  Financial assistance
101-4.435  Employment assistance to students
101-4.440  Health and insurance benefits and services
101-4.445  Marital or parental status
101-4.450  Athletics
101-4.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

101-4.500  Employment
101-4.505  Employment criteria
101-4.510  Recruitment
101-4.515  Compensation
101-4.520  Job classification and structure
101-4.525  Fringe benefits
101-4.530  Marital or parental status
101-4.535  Effect of state or local law or other requirements
101-4.540  Advertising
101-4.545  Pre-employment inquiries
101-4.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

101-4.600  Notice of covered programs
101-4.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 101-4.105  [Amended]

    2. In Sec. 101-4.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and ``the 
Associate Administrator for Equal Employment Opportunity'' is added in 
its place.
    3. In Sec. 101-4.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 101-4.100 
through 101-4.605'' is added in its place.
    4. Section 101-4.605 is added to read as follows:


Sec. 101-4.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 41 CFR part 101-6, 
subpart 101-6.2.

DEPARTMENT OF THE INTERIOR

43 CFR Part 41

RIN 1090-AA64
FOR FURTHER INFORMATION CONTACT: Melvin C. Fowler, Office for Equal 
Opportunity, MS 5221, U.S. Department of the Interior, Washington, D.C. 
20240, (202) 208-3455.

List of Subjects in 43 CFR Part 41

    Adult education, Athletics, Civil rights, Colleges and 
universities, Counseling, Education, Educational facilities, 
Educational research, Educational study programs, Elementary and 
secondary education, Equal educational opportunity, Equal employment 
opportunity, Grant programs--education, Investigations, Loan programs--
education, Marital status discrimination, Religious discrimination, 
Reporting and recordkeeping requirements, Research, Sex discrimination, 
Scholarships, Student aid, Training, Vocational education, Vocational 
training, Women.


[[Page 58601]]


    Dated: September 21, 1999.
John Berry,
Assistant Secretary--Policy, Management, and Budget.

    For the reasons stated in the preamble, the Department of the 
Interior proposes to amend 43 CFR, subtitle A, as follows:
    1. Part 41 is added as set forth at the end of the common preamble 
to read as follows:

PART 41--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

41.100  Purpose and effective date
41.105  Definitions
41.110  Remedial and affirmative action and self-evaluation
41.115  Assurance required
41.120  Transfers of property
41.125  Effect of other requirements
41.130  Effect of employment opportunities
41.135  Designation of responsible employee and adoption of 
grievance procedures
41.140  Dissemination of policy

Subpart B--Coverage

41.200  Application
41.205  Educational institutions and other entities controlled by 
religious organizations
41.210  Military and merchant marine educational institutions
41.215  Membership practices of certain organizations
41.220  Admissions
41.225  Educational institutions eligible to submit transition plans
41.230  Transition plans
41.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

41.300  Admission
41.305  Preference in admission
41.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

41.400  Education programs and activities
41.405  Housing
41.410  Comparable facilities
41.415  Access to course offerings
41.420  Access to schools operated by LEAs
41.425  Counseling and use of appraisal and counseling materials
41.430  Financial assistance
41.435  Employment assistance to students
41.440  Health and insurance benefits and services
41.445  Marital or parental status
41.450  Athletics
41.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

41.500  Employment
41.505  Employment criteria
41.510  Recruitment
41.515  Compensation
41.520  Job classification and structure
41.525  Fringe benefits
41.530  Marital or parental status
41.535  Effect of state or local law or other requirements
41.540  Advertising
41.545  Pre-employment inquiries
41.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

41.600  Notice of covered programs
41.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

Sec. 41.105  [Amended]

    2. In Sec. 41.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Deputy Assistant Secretary for Workforce Diversity'' is added in its 
place.
    3. In Sec. 41.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 41.100 
through 41.605'' is added in its place.
    4. Section 41.605 is added to read as follows:


Sec. 41.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 43 CFR 17.5 through 17.11 
and 43 CFR part 4, subpart I.

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 19

RIN 3067-AC71
FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Federal Emergency 
Management Agency, 500 C Street, SW., Room 407, Washington, DC 20472, 
(202) 646-4122.

List of Subjects in 44 CFR Part 19

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Discrimination, Discrimination in education, 
Discrimination in employment, Education, Educational facilities, 
Educational research, Educational study programs, Elementary and 
secondary education, Employment, Equal educational opportunity, Equal 
employment opportunity, Federal aid programs, Grant programs--
education, Investigations, Marital status discrimination, 
Nondiscrimination, Reporting and recordkeeping requirements, Schools, 
Secondary education, Sex discrimination, Student aid, Universities, 
Women.
Pauline C. Campbell,
Director, Office of Equal Rights.

    For the reasons stated in the preamble, the Federal Emergency 
Management Agency proposes to amend 44 CFR, chapter I, subchapter A, as 
follows:
    1. Part 19 is added as set forth at the end of the common preamble 
to read as follows:

PART 19--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

19.100  Purpose and effective date
19.105  Definitions
19.110  Remedial and affirmative action and self-evaluation
19.115  Assurance required
19.120  Transfers of property
19.125  Effect of other requirements
19.130  Effect of employment opportunities
19.135  Designation of responsible employee and adoption of 
grievance procedures
19.140  Dissemination of policy

Subpart B--Coverage

19.200  Application
19.205  Educational institutions and other entities controlled by 
religious organizations
19.210  Military and merchant marine educational institutions
19.215  Membership practices of certain organizations
19.220  Admissions
19.225  Educational institutions eligible to submit transition plans
19.230  Transition plans
19.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

19.300  Admission
19.305  Preference in admission
19.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

19.400  Education programs and activities
19.405  Housing
19.410  Comparable facilities
19.415  Access to course offerings
19.420  Access to schools operated by LEAs
19.425  Counseling and use of appraisal and counseling materials
19.430  Financial assistance
19.435  Employment assistance to students

[[Page 58602]]

19.440  Health and insurance benefits and services
19.445  Marital or parental status
19.450  Athletics
19.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

19.500  Employment
19.505  Employment criteria
19.510  Recruitment
19.515  Compensation
19.520  Job classification and structure
19.525  Fringe benefits
19.530  Marital or parental status
19.535  Effect of state or local law or other requirements
19.540  Advertising
19.545  Pre-employment inquiries
19.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

19.600  Notice of covered programs.
19.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 19.105  [Amended]

    2. In Sec. 19.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Office of Equal Rights'' is added in its place.
    3. In Sec. 19.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 19.100 
through 19.605'' is added in its place.
    4. Section 19.605 is added to read as follows:


Sec. 19.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 44 CFR 7.10 through 7.15.

NATIONAL SCIENCE FOUNDATION

45 CFR Part 618

FOR FURTHER INFORMATION CONTACT: Anita Eisenstadt, Assistant General 
Counsel, 4201 Wilson Boulevard, Room 1265, Arlington, Virginia 22230, 
(703) 306-1060.

List of Subjects in 45 CFR Part 618

    Civil rights, Colleges and universities, Education, Education of 
individuals with disabilities, Educational facilities, Educational 
research, Educational study programs, Elementary and secondary 
education, Equal educational opportunity, Equal employment opportunity, 
Grant programs--education, Individuals with disabilities, Sex 
discrimination, Women.
Lawrence Rudolph,
General Counsel.

    For the reasons stated in the preamble, the National Science 
Foundation proposes to amend 45 CFR, chapter VI, as follows:
    1. Part 618 is added as set forth at the end of the common preamble 
to read as follows:

PART 618--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

618.100  Purpose and effective date
618.105  Definitions
618.110  Remedial and affirmative action and self-evaluation
618.115  Assurance required
618.120  Transfers of property
618.125  Effect of other requirements
618.130  Effect of employment opportunities
618.135  Designation of responsible employee and adoption of 
grievance procedures
618.140  Dissemination of policy

Subpart B--Coverage

618.200  Application
618.205  Educational institutions and other entities controlled by 
religious organizations
618.210  Military and merchant marine educational institutions
618.215  Membership practices of certain organizations
618.220  Admissions
618.225  Educational institutions eligible to submit transition 
plans
618.230  Transition plans
618.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

618.300  Admission
618.305  Preference in admission
618.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

618.400  Education programs and activities
618.405  Housing
618.410  Comparable facilities
618.415  Access to course offerings
618.420  Access to schools operated by LEAs
618.425  Counseling and use of appraisal and counseling materials
618.430  Financial assistance
618.435  Employment assistance to students
618.440  Health and insurance benefits and services
618.445  Marital or parental status
618.450  Athletics
618.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

618.500  Employment
618.505  Employment criteria
618.510  Recruitment
618.515  Compensation
618.520  Job classification and structure
618.525  Fringe benefits
618.530  Marital or parental status
618.535  Effect of state or local law or other requirements
618.540  Advertising
618.545  Pre-employment inquiries
618.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

618.600  Notice of covered programs
618.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 618.105  [Amended]

    2. In Sec. 618.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``General Counsel and head of the policy office, Division of Contracts, 
Policy, and Oversight'' is added in its place.
    3. In Sec. 618.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 618.100 
through 618.605'' is added in its place.
    4. Section 618.605 is added to read as follows:


Sec. 618.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 45 CFR part 611.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Part 1155

FOR FURTHER INFORMATION CONTACT: Hope O'Keeffe, Deputy General Counsel, 
National Endowment for the Arts, 1100 Pennsylvania Avenue, N.W., 
Washington, D.C. 20506, (202) 682-5418 (voice), (202) 682-5496 (TDD), 
(202) 682-5572 (facsimile).

List of Subjects in 45 CFR Part 1155

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Education of 
individuals with disabilities, Educational research, Educational study 
programs, Elementary and secondary education, Equal educational 
opportunity, Equal

[[Page 58603]]

employment opportunity, Grant programs--education, Individuals with 
disabilities, Investigations, Marital status discrimination, Religious 
discrimination, Reporting and recordkeeping requirements, Sex 
discrimination, Student aid, Women.
Hope O'Keeffe,
Deputy General Counsel.

    For the reasons stated in the preamble, the National Endowment for 
the Arts proposes to amend 45 CFR, chapter XI, subchapter B, as 
follows:
    1. Part 1155 is added as set forth at the end of the common 
preamble to read as follows:

PART 1155--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

1155.100  Purpose and effective date
1155.105  Definitions
1155.110  Remedial and affirmative action and self-evaluation
1155.115  Assurance required
1155.120  Transfers of property
1155.125  Effect of other requirements
1155.130  Effect of employment opportunities
1155.135  Designation of responsible employee and adoption of 
grievance procedures
1155.140  Dissemination of policy

Subpart B--Coverage

1155.200  Application
1155.205  Educational institutions and other entities controlled by 
religious organizations
1155.210  Military and merchant marine educational institutions
1155.215  Membership practices of certain organizations
1155.220  Admissions
1155.225  Educational institutions eligible to submit transition 
plans
1155.230  Transition plans
1155.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

1155.300  Admission
1155.305  Preference in admission
1155.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

1155.400  Education programs and activities
1155.405  Housing
1155.410  Comparable facilities
1155.415  Access to course offerings
1155.420  Access to schools operated by LEAs
1155.425  Counseling and use of appraisal and counseling materials
1155.430  Financial assistance
1155.435  Employment assistance to students
1155.440  Health and insurance benefits and services
1155.445  Marital or parental status
1155.450  Athletics
1155.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

1155.500  Employment
1155.505  Employment criteria
1155.510  Recruitment
1155.515  Compensation
1155.520  Job classification and structure
1155.525  Fringe benefits
1155.530  Marital or parental status
1155.535  Effect of state or local law or other requirements
1155.540  Advertising
1155.545  Pre-employment inquiries
1155.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

1155.600  Notice of covered programs
1155.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 1155.105  [Amended]

    2. In Sec. 1155.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Office of Civil Rights'' is added in its place.
    3. In Sec. 1155.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 1155.100 
through 1155.605'' is added in its place.
    4. Section 1155.605 is added to read as follows:


Sec. 1155.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 45 CFR part 1110.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Humanities

45 CFR Part 1171

RIN 3136-AA11
FOR FURTHER INFORMATION CONTACT: Virginia R. Canter, General Counsel, 
1100 Pennsylvania Avenue, NW, Suite 530, Washington, DC 20506, (202) 
606-8322.

List of Subjects in 45 CFR Part 1171

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Equal educational opportunity, Grant 
programs--education, Investigations, Reporting and recordkeeping 
requirements, Sex discrimination, Student aid, Women.
Virginia R. Canter,
General Counsel.

    For the reasons stated in the preamble, the National Endowment for 
the Humanities proposes to amend 45 CFR, chapter XI, subchapter D as 
follows:
    1. Part 1171 is added as set forth at the end of the common 
preamble to read as follows:

PART 1171--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

1171.100  Purpose and effective date
1171.105  Definitions
1171.110  Remedial and affirmative action and self-evaluation
1171.115  Assurance required
1171.120  Transfers of property
1171.125  Effect of other requirements
1171.130  Effect of employment opportunities
1171.135  Designation of responsible employee and adoption of 
grievance procedures
1171.140  Dissemination of policy

Subpart B--Coverage

1171.200  Application
1171.205  Educational institutions and other entities controlled by 
religious organizations
1171.210  Military and merchant marine educational institutions
1171.215  Membership practices of certain organizations
1171.220  Admissions
1171.225  Educational institutions eligible to submit transition 
plans
1171.230  Transition plans
1171.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

1171.300  Admission
1171.305  Preference in admission
1171.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

1171.400  Education programs and activities
1171.405  Housing
1171.410  Comparable facilities
1171.415  Access to course offerings
1171.420  Access to schools operated by LEAs
1171.425  Counseling and use of appraisal and counseling materials
1171.430  Financial assistance
1171.435  Employment assistance to students

[[Page 58604]]

1171.440  Health and insurance benefits and services
1171.445  Marital or parental status
1171.450  Athletics
1171.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

1171.500  Employment
1171.505  Employment criteria
1171.510  Recruitment
1171.515  Compensation
1171.520  Job classification and structure
1171.525  Fringe benefits
1171.530  Marital or parental status
1171.535  Effect of state or local law or other requirements
1171.540  Advertising
1171.545  Pre-employment inquiries
1171.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

1171.600  Notice of covered programs
1171.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 1171.105  [Amended]

    2. In Sec. 1171.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``General Counsel'' is added in its place.
    3. In Sec. 1171.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 1171.100 
through 1171.605'' is added in its place.
    4. Section 1171.605 is added to read as follows:


Sec. 1171.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 45 CFR part 1110.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Institute of Museum and Library Services

45 CFR Part 1182

RIN 3137-AA09
FOR FURTHER INFORMATION CONTACT: Mary Ann Bittner, Institute of Museum 
and Library Services, 1100 Pennsylvania Avenue, N.W., Room 510, 
Washington, D.C. 20506, (202) 606-8536.

List of Subjects in 45 CFR Part 1182

    Administrative practice and procedure, Civil rights, Education, 
Equal educational opportunity, Grant programs--education, 
Investigations, Reporting and recordkeeping requirements, Sex 
discrimination, Student aid, Women.
Mary Ann Bittner,
Director of Legislative and Public Affairs.

    For the reasons stated in the preamble, the Institute of Museum and 
Library Services proposes to amend 45 CFR, chapter XI, subchapter E, as 
follows:
    1. Part 1182 is added as set forth at the end of the common 
preamble to read as follows:

PART 1182--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.
1182.100  Purpose and effective date
1182.105  Definitions
1182.110  Remedial and affirmative action and self-evaluation
1182.115  Assurance required
1182.120  Transfers of property
1182.125  Effect of other requirements
1182.130  Effect of employment opportunities
1182.135  Designation of responsible employee and adoption of 
grievance procedures
1182.140  Dissemination of policy

Subpart B--Coverage

1182.200  Application
1182.205  Educational institutions and other entities controlled by 
religious organizations
1182.210  Military and merchant marine educational institutions
1182.215  Membership practices of certain organizations
1182.220  Admission
1182.225  Educational institutions eligible to submit transition 
plans
1182.230  Transition plans
1182.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

1182.300  Admission
1182.305  Preference in admission
1182.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs 
and Activities Prohibited

1182.400  Education programs and activities.
1182.405  Housing
1182.410  Comparable facilities
1182.415  Access to course offerings
1182.420  Access to schools operated by LEAs
1182.425  Counseling and use of appraisal and counseling materials
1182.430  Financial assistance
1182.435  Employment assistance to students
1182.440  Health and insurance benefits and services
1182.445  Marital or parental status
1182.450  Athletics
1182.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

1182.500  Employment
1182.505  Employment criteria
1182.510  Recruitment
1182.515  Compensation
1182.520  Job classification and structure
1182.525  Fringe benefits
1182.530  Marital or parental status
1182.535  Effect of state or local law or other requirements
1182.540  Advertising
1182.545  Pre-employment inquiries
1182.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

1182.600  Notice of covered programs
1182.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 1182.105  [Amended]

    2. In Sec. 1182.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Policy, Planning and Budget'' is added in its place.
    3. In Sec. 1182.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 1182.100 
through 1182.605'' is added in its place.
    4. Section 1182.605 is added to read as follows:


Sec. 1182.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 45 CFR part 1110.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2555

FOR FURTHER INFORMATION CONTACT: Nancy B. Voss, Director, Equal 
Opportunity, Corporation for National and Community Service, 1201 New 
York Avenue, N.W., Washington, D.C. 20525, (202) 606-5000, extension 
308.

List of Subjects in 45 CFR Part 2555

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Educational research, 
Educational study programs, Elementary and secondary education, Equal 
educational opportunity, Equal employment opportunity, Grant

[[Page 58605]]

programs--education, Investigations, Loan programs--education, 
Reporting and recordkeeping requirements, Sex discrimination, Student 
aid, Women.
Thomasenia P. Duncan,
General Counsel.

    For the reasons stated in the preamble, the Corporation for 
National and Community Service proposes to amend 45 CFR, chapter XXV, 
as follows:
    1. Part 2555 is added as set forth at the end of the common 
preamble to read as follows:

PART 2555--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.

2555.100  Purpose and effective date
2555.105  Definitions
2555.110  Remedial and affirmative action and self-evaluation
2555.115  Assurance required
2555.120  Transfers of property
2555.125  Effect of other requirements
2555.130  Effect of employment opportunities
2555.135  Designation of responsible employee and adoption of 
grievance procedures
2555.140  Dissemination of policy

Subpart B--Coverage

2555.200  Application
2555.205  Educational institutions and other entities controlled by 
religious organizations
2555.210  Military and merchant marine educational institutions
2555.215  Membership practices of certain organizations
2555.220  Admission
2555.225  Educational institutions eligible to submit transition 
plans
2555.230  Transition plans
2555.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

2555.300  Admission
2555.305  Preference in admission
2555.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

2555.400  Education programs and activities
2555.405  Housing
2555.410  Comparable facilities
2555.415  Access to course offerings
2555.420  Access to schools operated by LEAs
2555.425  Counseling and use of appraisal and counseling materials
2555.430  Financial assistance
2555.435  Employment assistance to students
2555.440  Health and insurance benefits and services
2555.445  Marital or parental status
2555.450  Athletics
2555.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

2555.500  Employment.
2555.505  Employment criteria
2555.510  Recruitment
2555.515  Compensation
2555.520  Job classification and structure
2555.525  Fringe benefits
2555.530  Marital or parental status
2555.535  Effect of state or local law or other requirements
2555.540  Advertising
2555.545  Pre-employment inquiries
2555.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

2555.600  Notice of covered programs
2555.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 2555.105  [Amended]

    2. In Sec. 2555.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Equal Opportunity'' is added in its place.
    3. In Sec. 2555.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 2555.100 
through 2555.605'' is added in its place.
    4. Section 2555.605 is added to read as follows:


Sec. 2555.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 45 CFR 1203.6 through 
1203.12.

DEPARTMENT OF TRANSPORTATION

49 CFR Part 25

FOR FURTHER INFORMATION CONTACT: Marc Brenman, Department Office of 
Civil Rights, Room 10217, 400 7th Street, S.W., Washington, D.C. 20590, 
(202) 366-1119 or Nancy Dunham, Senior Attorney-Advisor; Civil Rights, 
Office of Environmental, Civil Rights, and General Law, Room 5432, 400 
7th Street, S.W., Washington, D.C. 20590, (202) 366-8072.

List of Subjects in 49 CFR Part 25

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Discrimination, Education of individuals with 
disabilities, Education, Educational facilities, Educational research, 
Educational study programs, Elementary and secondary education, Equal 
educational opportunity, Equal employment opportunity, Equal 
opportunity, Gender discrimination, Grant programs--education, 
Individuals with disabilities, Investigations, Loan Programs--
education, Reporting and recordkeeping requirements, Sex 
discrimination, Student aid, Training, Women.
Rodney Slater,
Secretary of Transportation.

    For the reasons stated in the preamble, the Department of 
Transportation proposes to amend 49 CFR, subtitle A, as follows:
    1. Part 25 is added as set forth at the end of the common preamble 
to read as follows:

PART 25--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction

Sec.
25.100  Purpose and effective date
25.105  Definitions
25.110  Remedial and affirmative action and self-evaluation
25.115  Assurance required
25.120  Transfers of property
25.125  Effect of other requirements
25.130  Effect of employment opportunities
25.135  Designation of responsible employee and adoption of 
grievance procedures
25.140  Dissemination of policy

Subpart B--Coverage

25.200  Application
25.205  Educational institutions and other entities controlled by 
religious organizations
25.210  Military and merchant marine educational institutions
25.215  Membership practices of certain organizations
25.220  Admission
25.225  Educational institutions eligible to submit transition plans
25.230  Transition plans
25.235  Statutory amendments

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited

25.300  Admission
25.305  Preference in admission
25.310  Recruitment

Subpart D--Discrimination on the Basis of Sex in Education Programs and 
Activities Prohibited

25.400  Education programs and activities
25.405  Housing
25.410  Comparable facilities
25.415  Access to course offerings
25.420  Access to schools operated by LEAs
25.425  Counseling and use of appraisal and counseling materials
25.430  Financial assistance

[[Page 58606]]

25.435  Employment assistance to students
25.440  Health and insurance benefits and services
25.445  Marital or parental status
25.450  Athletics
25.455  Textbooks and curricular material

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs and Activities Prohibited

25.500  Employment
25.505  Employment criteria
25.510  Recruitment
25.515  Compensation
25.520  Job classification and structure
25.525  Fringe benefits
25.530  Marital or parental status
5.535  Effect of state or local law or other requirements
25.540  Advertising
25.545  Pre-employment inquiries
25.550  Sex as a bona fide occupational qualification

Subpart F--Procedures

25.600  Notice of covered programs
25.605  Enforcement procedures

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.


Sec. 25.105  [Amended]

    2. In Sec. 25.105 in the definition of ``designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Departmental Office of Civil Rights'' is added in its 
place.
    3. In Sec. 25.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 25.100 
through 25.605'' is added in its place.
    4. Section 25.605 is added to read as follows:


Sec. 25.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 49 CFR part 21.

[FR Doc. 99-27372 Filed 10-28-99; 8:45 am]
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