[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Rules and Regulations]
[Pages 51334-51391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21140]
[[Page 51333]]
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Part II
Nondiscrimination on the Basis of Race, Color, National Origin,
Handicap, or Age in Programs or Activities Receiving Federal Financial
Assistance; Final Rule
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Department of Agriculture
Nuclear Regulatory Commission
Department of Energy
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Tennessee Valley Authority
Department of State
Agency for International Development
Department of Justice
Department of Labor
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Department of Homeland Security
Federal Emergency Management Agency
National Science Foundation
National Foundation on the Arts and the Humanities
National Endowment for the Arts
National Endowment for the Humanities
Institute of Museum and Library Services
Corporation for National and Community Service
Department of Transportation
Federal Register / Vol. 68, No. 165 / Tuesday, August 26, 2003 /
Rules and Regulations
[[Page 51334]]
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DEPARTMENT OF AGRICULTURE
7 CFR Parts 15, 15b
RIN 0566-AB78
NUCLEAR REGULATORY COMMISSION
10 CFR Part 4
RIN 3130-AG65
DEPARTMENT OF ENERGY
10 CFR Part 1040
RIN 1901-AA86
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 112, 117
RIN 3245-AE59
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1250, 1251, 1252
RIN 2700-AC41
DEPARTMENT OF COMMERCE
15 CFR Parts 8, 8b, 20
RIN 0690-AA30
TENNESSEE VALLEY AUTHORITY
18 CFR Parts 1302, 1307, 1309
RIN 3316-AA20
DEPARTMENT OF STATE
22 CFR Parts 141, 142, 143
RIN 1400-AB17
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Parts 209, 217, 218
RIN 0412-AA45
DEPARTMENT OF JUSTICE
28 CFR Part 42
RIN 1190-AA49
DEPARTMENT OF LABOR
29 CFR Parts 31, 32
RIN 1291-AA31
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 18
RIN 2900-AK13
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
RIN 2020-AA43
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-6, 101-8
RIN 3090-AH33
DEPARTMENT OF THE INTERIOR
43 CFR Part 17
RIN 1090-AA77
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 7
RIN 1660-AA12
NATIONAL SCIENCE FOUNDATION
45 CFR Parts 605, 611, 617
RIN 3145-AA38
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Parts 1110, 1151, 1156
RIN 3135-AA17
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Parts 1110, 1170
RIN 3136-AA24
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
45 CFR Part 1110
RIN 3137-AA11
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1203, 1232
RIN 3045-AA29
DEPARTMENT OF TRANSPORTATION
49 CFR Parts 21, 27
RIN 2105-AC96
Nondiscrimination on the Basis of Race, Color, or National Origin
in Programs or Activities Receiving Federal Financial Assistance;
Nondiscrimination on the Basis of Handicap in Programs or Activities
Receiving Federal Financial Assistance; Nondiscrimination on the Basis
of Age in Programs or Activities Receiving Federal Financial Assistance
AGENCIES: Department of Agriculture; Nuclear Regulatory Commission;
Department of Energy; Small Business Administration; National
Aeronautics and Space Administration; Department of Commerce; Tennessee
Valley Authority; Department of State; Agency for International
Development; Department of Justice; Department of Labor; Department of
Veterans Affairs; Environmental Protection Agency; General Services
Administration; Department of the Interior; Federal Emergency
Management Agency, Emergency Preparedness and Response Directorate,
Department of Homeland Security; National Science Foundation; National
Endowment for the Arts, National Endowment for the Humanities,
Institute of Museum and Library Services, National Foundation on the
Arts and the Humanities; Corporation for National and Community
Service; Department of Transportation (collectively, ``the Agencies'').
ACTION: Joint final rule.
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SUMMARY: The Agencies amend their regulations implementing Title VI of
the Civil Rights Act of 1964 (``Title VI''), section 504 of the
Rehabilitation Act of 1972 (``section 504''), and the Age
Discrimination Act of 1975 (``Age Discrimination Act''). Together,
these statutes prohibit discrimination on the basis of race, color,
national origin, disability, and age in programs or activities that
receive federal financial assistance. In 1988, the Civil Rights
Restoration Act (``CRRA'') added definitions of ``program or activity''
and ``program'' to Title VI and added a definition of ``program or
activity'' to section 504 and the Age Discrimination Act. The added
definitions were designed to clarify the broad scope of coverage of
recipients' programs or activities under these statutes. These
amendments incorporate the CRRA's definitions of ``program or
activity'' and ``program'' into Title VI, section 504,
[[Page 51335]]
and Age Discrimination Act regulations of the Agencies, and promote
consistent and adequate enforcement of these statutes by the
Agencies.\1\
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\1\ Since the publication of the Notice of Proposed Rulemaking
(NPRM), the Federal Emergency Management Agency (FEMA) has become a
component of the Department of Homeland Security (DHS). DHS
published its Interim Final Rules for Title VI, Section 504, and
Title IX of the Education Amendments of 1972 in the Federal Register
on March 6, 2003. 68 FR 10904 (to be codified at 6 CFR part 21).
Those rules reflect the Civil Rights Restoration Act's broadened
definitions of ``program'' ``Program or activity.'' FEMA is
continuing as part of this rulemaking because the DHS regulations
provide that ``[t]he provisions published by this part shall be
effective for all components of the Department, including all
Department components that are transferred to the Department, except
to the extent that a Department component already has existing title
VI regulations.'' 6 CFR 21.1. Similar language is included in DHS'
Title XI and section 504 regulations.
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DATES: Effective September 25, 2003.
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief,
Coordination and Review Section, Civil Rights Division, U.S. Department
of Justice, (202) 307-2222 voice, (202) 307-2678 TTY, (202) 307-0595
fax.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
supplementary information:
Overview
On December 6, 2000, the Agencies published a notice of proposed
rulemaking (NPRM) in the Federal Register (65 FR 76460) proposing to
amend the regulations governing nondiscrimination on the basis of race,
color, national origin, handicap, and age to conform with the Civil
Rights Restoration Act of 1987, Pub. L. 100-259 (``CRRA'').
The Agencies are amending their civil rights regulations to conform
to provisions of the CRRA regarding the scope of coverage under civil
rights statutes they administer. These statutes include Title VI of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq. (``Title
VI''); section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794 (``section 504''); and the Age Discrimination Act of 1975,
as amended, 42 U.S.C. 6101, et seq. (``Age Discrimination Act''). Title
VI prohibits discrimination on the basis of race, color, and national
origin in all programs or activities that receive federal financial
assistance; section 504 prohibits discrimination on the basis of
disability in all programs or activities that receive federal financial
assistance; and the Age Discrimination Act prohibits discrimination on
the basis of age in all programs or activities that receive federal
financial assistance. (Note that the CRRA does not affect coverage
under federal employment nondiscrimination statutes, such as Title VII
of the Civil Rights Act of 1964, Title I of the Americans with
Disabilities Act, and the Age Discrimination in Employment Act.)
Background Information
The principal conforming change amends each of these regulations to
add a definition of ``program or activity'' or ``program'' that
reflects the statutory definition of ``program or activity'' or
``program'' enacted as part of the CRRA. We believe that adding this
statutory definition to the regulatory language is the best way to
avoid confusion on the part of beneficiaries, recipients, government
entities, and other interested parties about the scope of civil rights
coverage. These amendments also conform to a final rule under Title IX
of the Education Amendments of 1972, as amended, to establish common
regulations for 21 federal agencies published on August 30, 2000, 65 FR
52857. That common rule incorporated the statutory definitions of
``program or activity'' and ``program'' enacted as part of the CRRA.
When originally issued and implemented, the Agencies' civil rights
regulations were interpreted by the Agencies to mean that acceptance of
federal assistance by a recipient resulted in broad coverage of an
entity. The Supreme Court, however, interpreted ``program or activity''
in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 570-74
(1984). The Court concluded in Grove City College that federal student
financial assistance provided to a college established jurisdiction
under Title IX only over the college's financial aid program, not the
entire college. Since Title IX was patterned after Title VI, this
interpretation significantly narrowed the prohibitions of Title VI and
two other statutes based on it: the Age Discrimination Act and section
504. See S. Rep. No. 100-64, at 2-3, 11-16, reprinted in 1988
U.S.C.C.A.N. at 3-5, 13-18. Following the Supreme Court's decision in
Grove City, the Agencies changed their interpretation, but not the
language, of the governing regulations to be consistent with the
Court's restrictive, program-specific definition of ``program or
activity.''
In 1988, Congress enacted the CRRA to restore the prior consistent
and long-standing executive branch interpretation and ``broad,
institution-wide application'' of those laws as previously
administered. See S. Rep. No. 100-64, at 4, reprinted in 1988
U.S.C.C.A.N. at 6. Congress enacted the CRRA in order to remedy what it
perceived to be a serious narrowing by the Supreme Court of a
longstanding administrative interpretation of the coverage of these
laws. At that time, the Agencies reinstated their broad interpretation
to be consistent with the CRRA, again without changing the language of
the regulations. To the extent there was any inconsistency between the
language of the regulations and the language of the CRRA, it was and
remains the Agencies' interpretation that the CRRA superseded the
regulations and, therefore, the regulations must be read in conformity
with the CRRA. This interpretation was consistent with the
understanding of Congress as expressed in the legislative history of
the CRRA that the statutory definition of ``program or activity'' would
take effect immediately without the need for federal agencies to amend
their existing regulations. S. Rep. No. 100-64, at 32, reprinted in
1988 U.S.C.C.A.N. at 34.
These regulatory amendments are designed to address an issue
recently raised by the Third Circuit Court of Appeals in Cureton v.
NCAA, 198 F.3d 107 (3d Cir. 1999). The Third Circuit determined that,
because the Departments of Health and Human Services and Education did
not amend their Title VI regulations after the enactment of the CRRA,
application of the Departments' Title VI regulations to disparate
impact discrimination claims is ``program specific'' (i.e., limited to
the particular program receiving federal financial assistance), rather
than institution-wide (i.e., applicable to all of the operations of the
institution regardless of the use of the federal funds). See id. at
114-16. As noted above, however, the Agencies have, since the passage
of the CRRA, consistently interpreted the coverage of their Title VI
regulations to reach those programs that fall within the broad
statutory definition of ``program or activity.'' The Cureton decision
thwarts clearly expressed congressional intent by giving continued
effect to a judicial interpretation that Congress intended to override.
In any event, the regulatory changes address the concerns raised by the
Third Circuit in that the regulations would track the CRRA's statutory
language and apply to both disparate impact and disparate treatment
forms of discrimination. (``Disparate treatment,'' i.e., intentional
discrimination, refers to policies or practices that treat individuals
differently based on their
[[Page 51336]]
race, color, national origin, disability, or age, as applicable.
Discrimination that involves such disparate treatment is barred by the
civil rights statutes and regulations. ``Disparate impact'' refers to
criteria or methods of administration that have a significant adverse
effect on individuals based on race, color, national origin,
disability, or age, as applicable. Such criteria or practices
constitute impermissible discrimination if there is no substantial
legitimate justification for those criteria or practices. However, even
where such a justification exists, if there is an equally effective but
less discriminatory alternative, that alternative must be adopted.)
Pursuant to Executive Order 12250 (``Leadership and Coordination of
Nondiscrimination Laws''), the Department of Justice (``DOJ'')
requested that the Agencies jointly issue amendments to their
regulations implementing Title VI, Section 504, and the Age
Discrimination Act to incorporate the CRRA definitions of ``program''
and ``program or activity.'' The two federal agencies implicated in the
Cureton decision--the Department of Education (``ED'') and the
Department of Health and Human Services (``HHS'')--are promulgating
separate rules to incorporate the CRRA's expanded definition of
``program or activity'' and ``program'' in their regulations. ED
published its NPRM on May 5, 2000, 65 FR 26464, and published its final
rule on November 13, 2000, 65 FR 68050. HHS published its NPRM on
October 26, 2000, 65 FR 64194, and plans to publish its final rule
soon. DOJ participated in and coordinated the promulgation of
amendments to 22 other agencies' Title VI, Section 504, and Age
Discrimination Act regulations. 65 FR 76460. Again, while DOJ views
these modifications to be merely technical in nature, public comments
were invited on these modifications.
These changes are summarized in the sections below.
Definition of ``Program or Activity'' and ``Program''
The statutory definition, which is now incorporated into the
regulations, addresses the scope of coverage for four broad categories
of recipients: (1) State or local governmental entities; (2) colleges,
universities, other postsecondary educational institutions, public
systems of higher education, local educational agencies, systems of
vocational education, and other school systems; (3) private entities,
such as corporations, partnerships, and sole proprietorships; and (4)
entities that are a combination of any of those groups. See 42 U.S.C.
2000d-4a.
Under the first part of the definition, when State and local
governmental entities receive financial assistance from a federal
agency, the ``program or activity'' or ``program'' in which
discrimination is prohibited includes all of the operations of any
State or local department or agency to which the federal assistance is
extended. If, for example, a State or local agency receives federal
assistance for one of many functions of the agency, all of the
operations of the entire agency are subject to the nondiscrimination
provisions of these regulations. In addition, ``program or activity''
or ``program'' also includes all of the operations of the entity of a
State or local government that distributes the federal assistance to
another State or local governmental agency or department and all of the
operations of the State or local governmental entity to which the
financial assistance is extended. See 42 U.S.C. 2000d-4a(1); S. Rep.
No. 100-64, at 16, reprinted in 1988 U.S.C.C.A.N. at 18.
Under the second portion of the definition of ``program or
activity,'' when covered educational institutions receive federal
financial assistance, all of their operations are subject to the
nondiscrimination requirements of the funding agency's regulations. See
42 U.S.C. 2000d-4a(2).
Under the third part of the definition, the degree of coverage of
private entities, such as private corporations and partnerships, will
vary depending on how the funding is provided, the principal purpose or
objective of the entity, or how the entity is structured (e.g.,
physically separate offices or plants). Each of the operations of
private businesses that are principally engaged in education, health
care, housing, social services, or parks and recreation is considered a
``program or activity'' for purposes of these regulations. See 42
U.S.C. 2000d-4a(3)(A)(ii). S. Rep. No. 100-64 provides numerous other
examples of the scope of coverage with regard to each category of
recipient, and readers are referred to this material. S. Rep. No. 100-
64, at 16-20, reprinted in 1988 U.S.C.C.A.N. at 19-21. In addition, if
federal financial assistance is extended to a private entity ``as a
whole'' and the private entity is not principally engaged in the
business of education, health care, housing, social services, or parks
and recreation, all of the private entity's operations at all of its
locations would be covered. If the private entity receives general
assistance, that is, assistance that is not designated for a particular
purpose, that would be considered federal financial assistance to the
private entity ``as a whole.'' In other instances where financial
assistance is extended directly to a geographically separate facility
of an entity described in the third part of this definition, then
coverage would be limited to the geographically separate facility that
receives the assistance. See 42 U.S.C. 2000d-4a(3).
Under the fourth part of the definition, if an entity of a type not
already covered by one of the first three parts of the definition is
established by two or more of the entities listed under the first three
parts of the definition, then all of the operations of that new entity
are covered. See 42 U.S.C. 2000d-4a(4).
The amendments incorporate the CRRA definition of ``program or
activity'' and ``program'' into the agencies' regulations. When
Congress amended Title VI in the CRRA, it added definitions of both
``program or activity'' and ``program'' to the statute. Therefore, we
are amending each agency's Title VI regulations to incorporate the
definition of both ``program or activity'' and ``program.'' However,
when Congress amended section 504 and the Age Discrimination Act in the
CRRA, it added a definition of the term ``program or activity,'' but
did not add a similar definition of the term ``program.'' Thus, we are
amending the agencies' section 504 and Age Discrimination Act
regulations to incorporate a new definition of ``program or activity''
only.
As explained below, in order to conform with the CRRA definitions
of ``program or activity'' and ``program,'' the regulatory changes also
modify or delete some existing sections of the Agencies' regulations
that have become superfluous or incorrect following enactment of the
CRRA. These regulatory changes do not change the requirements of the
existing regulations.
It is important to note that the changes do not in any way alter
the requirement of the CRRA that a fund termination be limited to the
particular programs ``or part[s] thereof'' that discriminate, or, as
appropriate, to all of the programs that are infected by the
discriminatory practices. See S. Rep. No. 100-64, at 20, reprinted in
1988 U.S.C.C.A.N. at 22 (``The [CRRA] defines `program' in the same
manner as `program or activity,' and leaves intact the `or part
thereof' pinpointing language.'').
Assurances
Several agencies' Title VI regulations included an assurance
requirement that has created confusion with regard to the scope of
``program or activity'' under
[[Page 51337]]
these regulations. In general, these assurances, which are legal
agreements between the government and recipients of federal financial
assistance, are designed to ensure that recipients of federal financial
assistance comply with nondiscrimination laws and do not discriminate
in their programs or activities. However, some agencies had assurance
provisions that were confusing in light of the CRRA because they
incorrectly stated that, in some circumstances, certain parts of a
program will not be covered by civil rights laws. For example, DOJ's
assurance provision, which is very similar to the corresponding
assurance requirements in other agencies' Title VI regulations,
provided in part: ``[t]he assurance * * * shall be applicable to the
entire institution unless the applicant establishes, to the
satisfaction of the responsible Department official, that the practices
in designated parts or programs of the institution * * * will in no way
affect its practices in the program of the institution * * * for which
Federal financial assistance is sought. * * *'' 28 CFR 42.105(c)(2). In
order to avoid any further confusion, the regulatory changes delete the
above provision and similar provisions in the regulations of other
agencies that incorrectly suggest that some parts of a program will not
be covered under certain circumstances. These changes ensure that
agency regulations reflect the broad scope of coverage of a program or
activity that was contemplated by the CRRA.
Several federal agencies' Title VI regulations provided
illustrative examples or applications that referred to the waiver
language contained in the assurance provision. Because the waiver
language in relevant assurance provisions has been deleted, similar
language and references in illustrative applications and examples also
have been deleted. These deletions do not affect the reach of the
statutes or regulations.
Other References to ``Program'' and ``Program or Activity''
In addition, we deleted references to ``program'' and ``program or
activity'' in the regulations that did not conform to the broadened
CRRA definition of ``program'' and ``program or activity.'' For
example, in some instances, we substituted ``Federal financial
assistance'' for ``program'' or ``program or activity'' where the
phrase referred to federal financial assistance. In other instances, we
substituted the phrase ``aid, benefit, or service'' if that was the
intended meaning. We made revisions when the terms ``program'' and
``program or activity'' were used too narrowly, i.e., when they were
used to indicate only a specific portion of a program that directly
receives assistance. The nomenclature tables, which are charts designed
to provide an easy method for viewing the words to be removed or
replaced, show these conforming changes for each agency. In some
instances, we changed the phrase ``program and activity'' to ``program
or activity'' to conform the regulations to the term as defined in the
CRRA. We did not modify the term ``activity'' when it appears
separately from the phrase ``program or activity'' and is used in a
manner unrelated to the CRRA phrase ``program or activity.''
In promulgating its final regulations, the Department of Education
(``ED'') used the plural terms ``programs'' and ``programs or
activities'' to refer generally to multiple programs or activities
operated by multiple recipients. In all other instances, however, ED
used the singular terms ``program'' or ``program or activity.'' ED
explained that it had decided to use the singular terms in all such
instances to reflect the fact that virtually all of ED's recipients,
such as institutions of higher education, have only one ``program'' or
``program or activity'' encompassing all of the recipient's operations.
Noting that the singular also can be interpreted to encompass the
plural, ED further explained that the use of the singular was
appropriate even for those cases in which ED might fund a recipient
that operates more than one program or activity (such as when an
individual recipient corporation has multiple plants each of which is a
separate program or activity). Given the greater range of recipient
entities funded by the multiple agencies participating in this joint
final rule and the likelihood that most of these agencies fund
recipients that may operate more than one program or activity, the
participating agencies have not endeavored to make any changes to these
regulations solely related to the use of the singular or plural forms
of these terms. As such, the regulations of these agencies may differ
from ED's regulations in terms of the use of the singular or plural
form of ``program'' or ``program or activity,'' but such differences
should not be interpreted to imply any legal difference in the intended
scope of coverage.
Although we have generally deleted all references to ``program''
and ``program or activity'' where such references do not conform to the
CRRA, we have not done so when the regulation is merely copying
statutory language. For example, the regulations for some agencies
contain a compliance provision that requires the agency to report any
order for fund termination to the congressional committee with
jurisdiction over the ``program'' involved. In this case, the term
``program'' clearly refers to Federal financial assistance, but we did
not replace the word because the copied statutory language itself uses
the term ``program.''
In other instances in which the term ``program'' is used in a
manner inconsistent with the CRRA, we capitalized the word in order to
distinguish it from the term defined by the CRRA. For example, we
capitalized certain terms of art (e.g., ``Historic Preservation
Program,'' ``Individualized Education Program'') or names of types of
federal financial assistance (e.g., ``School Lunch Program'') to avoid
confusion.
Other Conforming Changes
Other changes include modifications to some agencies' definition of
``recipient.'' A few agencies defined this term to include an entity
that ``benefits from'' Federal financial assistance. Likewise, many
agencies' section 504 and Age Discrimination Act regulations used the
phrase ``receives or benefits from Federal financial assistance.'' The
phrase ``or benefits from'' in this context has been deleted as it is
superfluous in light of the CRRA.
Because the changes are limited to those that are related to the
CRRA definition of ``program'' and ``program or activity,'' we did not
make additional technical corrections unless the provision was already
subject to a CRRA-related change. Likewise, we did not make other
technical corrections to outdated agency or office names, with one
notable exception. Since the regulations for the Department of Energy
require that age discrimination complaints be filed with a specific
office, we have updated the regulations to reflect the new name of that
office, thereby reducing confusion for individual complainants.
Although we are not amending the content of the Agencies'
appendices, the headings and introductory text describing the content
are amended to conform with the CRRA. Additional conforming changes to
the body of the various agency appendices will be published in the
Federal Register in a separate document at a later date.
Coordination With the Department of Education
The Department of Education (``ED'')--one of two agencies that were
implicated in the Cureton decision and that have decided to promulgate
[[Page 51338]]
separate rules to incorporate the CRRA's expanded definition of
``program or activity'' in their regulations--published its proposed
rule on May 5, 2000, at 65 FR 26464, and its final rule on November 13,
2000, at 65 FR 68050. Among other modifications, ED's amendments
contain several conforming changes to the following three subparts of
its Section 504 regulations: (1) Preschool, Elementary, and Secondary
Education; (2) Postsecondary Education; and (3) Health, Welfare, and
Social Services.
Eight other Federal agencies have Section 504 regulations
containing sections similar to all or a portion of the provisions in
the above three subparts. Because we believe that it is particularly
important to maintain consistency among Federal agencies with respect
to these subparts, we have, with a few minor exceptions, followed ED's
lead when amending these sections for the other eight agencies--
Department of Agriculture, Department of Commerce, Department of
Interior, Department of State, Department of Veterans Affairs, Agency
for International Development, National Endowment for the Humanities,
and National Science Foundation--that have similar regulations.
Coordination With the Department of Health and Human Services
The other agency implicated in the Cureton decision is the
Department of Health and Human Services (HHS). Like ED, HHS promulgated
its own separate NPRM, which was published on October 26, 2000 at 65 FR
64194. We coordinated with HHS, as we did with ED, to avoid any
inconsistencies between this joint rule and those agencies' separate
rules.
Differences Among Agencies
Some agencies lack regulations implementing section 504 or the Age
Discrimination Act. In accordance with the limited scope of this
regulation, we are not adding section 504 or Age Discrimination Act
sections to agencies that lack such regulations. Outlined below are the
agencies that do not have such implementing regulations, as well as
agencies that have comprehensive rules implementing several statutes in
one set of regulations or that follow the regulations of another
Federal agency.
Agencies that do not have regulations implementing the Age
Discrimination Act and, therefore, are amending only their regulations
implementing Title VI and section 504 are: the Department of
Agriculture, the Department of Labor, the Department of Defense, the
Environmental Protection Agency, and the Department of Transportation.
The Federal Emergency Management Agency (``FEMA'') does not have
regulations applying section 504 to recipients of Federal financial
assistance but, instead, operates in accordance with section 504
regulations developed by HHS. Therefore, FEMA is amending only its
regulations implementing Title VI and the Age Discrimination Act.
Likewise, the Small Business Administration does not have regulations
applying section 504 to recipients of federal financial assistance and,
therefore, is amending only its Title VI and Age Discrimination Act
regulations.
In addition, the Corporation for National and Community Service
(``the Corporation'') lacks regulations applying the Age Discrimination
Act, Title VI, and section 504 to recipients of Federal financial
assistance. Instead, the Corporation, which is the successor of ACTION,
operates in accordance with Title VI and section 504 regulations
promulgated by ACTION and is amending only those regulations.
Similarly, the National Endowment for the Arts, the National Endowment
for the Humanities (``NEH''), and the Institute of Museum and Library
Services (``IMLS''), which together constitute the National Foundation
on the Arts and the Humanities (``NFAH''), operate in accordance with
Title VI regulations developed jointly by these three agencies and thus
are amending their Title VI regulations jointly. However, NEA is
separately amending its section 504 and Age Discrimination Act
regulations, while NEH, which lacks an Age Discrimination Act
regulation, is amending its section 504 regulation only. IMLS, which
operates in accordance with NEH's section 504 regulations and does not
have regulations implementing the Age Discrimination Act, is not
issuing any separate amendments.
Analysis of Comments and Changes
In the NPRM, we invited comments on the proposed regulations. We
received two comments. The first commenter wrote in support of the
NPRM, stating that Title VI, section 504, and the Age Discrimination
Act needed to be strengthened and be made uniform by adding the
definitions of ``program or activity.'' The commenter also stated that
the amendments would result in consistent and adequate enforcement of
Title VI, section 504, and the Age Discrimination Act, and commended
the Department of Justice and its ``sister Federal agencies'' for
amending the regulations.
The second commenter advanced the view that the Agencies should not
amend the regulations at this time because the commenter believed an
amendment would be untimely due to a case then-pending before the
United States Supreme Court (Alexander v. Sandoval, 532 U.S. 275
(2001)). Sandoval did not, however, address the focus of this
rulemaking--revising the regulations to conform them to the added
definition of ``program or activity'' or ``program.'' Instead, Sandoval
addressed a different issue--whether there is an implied private right
of action to enforce disparate-impact regulations promulgated under
Section 602 of Title VI and concluded that there was not such a right.
The Agencies have decided to proceed with the amendment of their
regulations because we believe it is important to conform the
regulations to the civil rights statutes as amended by the CRRA. We
are, however, mindful of the Supreme Court's statements in Sandoval
that call the validity of the Title VI disparate-impact regulations
into question.\2\
---------------------------------------------------------------------------
\2\ See Sandoval, 532 U.S. at 286 & 286 n. 6 (``[W]e assume for
purposes of this decision that Sec. 602 confers the authority to
promulgate disparate-impact regulations''; ``[w]e cannot help
observing, however, how strange it is to say that disparate-impact
regulations are `inspired by, at the service of, and inseparably
intertwined with' Sec. 601 * * * when Sec. 601 permits the very
behavior that the regulations forbid.'').
---------------------------------------------------------------------------
In addition, in consultation with the Department of Justice, the
Agencies have reviewed the regulations since publication of the NPRM
and have made minor editorial and technical changes.
Applicable Executive Orders and Regulatory Certifications
Executive Order 12067
These conforming changes have been reviewed by the Equal Employment
Opportunity Commission pursuant to Executive Order 12067.
Executive Order 12250
These conforming changes to the Title VI and section 504
regulations have been reviewed and approved by the Attorney General
pursuant to Executive Order 12250.
Executive Order 12866
These regulations have been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'', Section
1(b), Principles of Regulation. The Department of Justice has
determined that this rule is not a ``significant regulatory action''
under Executive Order 12866, Section 3(f), and accordingly this rule
has not been reviewed by the Office of Management and Budget. Under the
terms of the
[[Page 51339]]
order we have assessed the potential costs and benefits of this
regulatory action.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these final regulations, we have determined that
there probably will be no cost impacts because these final regulations
merely clarify longstanding policy of the Agencies and do not change
the Agencies' practices in addressing issues of discrimination.
We also have determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
We summarized the potential costs and benefits of these final
regulations in the preamble to the joint NPRM (65 FR 76460).
Age Discrimination Act of 1975
The Age Discrimination Act of 1975 and the Department of Health and
Human Services' (``HHS'') general, government-wide implementing
regulations give the Secretary of HHS the authority to review changes
to the Age Discrimination Act regulations of federal agencies. This
authority has been delegated to the Office for Civil Rights (``OCR''),
which has reviewed and approved these conforming changes.
Small Business Regulatory Enforcement Fairness Act of 1996
It has been determined that this rule is not a major rule as
defined by the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 804. This rule will not result in an annual effect on
the economy of $100 million or more; a major increase in costs or
prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based companies to compete with foreign-based companies in
domestic and export markets.
All recipients of federal funding have been bound by these
standards of liability since the passage of the CRRA, when the Agencies
reinstated their broad interpretation of the terms ``program or
activity'' and ``program'' and applied these regulations on an
institution-wide basis without changing the language of the
regulations. The joint rule merely makes the regulations track the
statutory language of the CRRA, both for disparate impact and disparate
treatment forms of discrimination. These regulations implement
statutory amendments and longstanding agency policy.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandate Reform Act of 1995, Public Law 104-4, 109
Stat. 48 (1995), requires agencies to prepare several analytic
statements before proposing any rule that may result in annual
expenditures of $100 million by State, local, Indian tribal governments
or the private sector. See 2 U.S.C. 1532.
These amendments make technical changes to existing regulations
that enforce statutory prohibitions on discrimination on the basis of
race, color, national origin, age, or disability. Therefore, these
amendments will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and they will not significantly or
uniquely affect small governments. The participating agencies certify
that no actions were deemed necessary under the Unfunded Mandate Reform
Act of 1995.
Regulatory Flexibility Act
The Agencies, in accordance with the Regulatory Flexibility Act, 5
U.S.C. 605(b), have reviewed these regulations and certify that these
regulations will not have a significant economic impact on a
substantial number of small entities, in large part because these
regulations do not impose any new substantive obligations on ederal
funding recipients. All recipients of Federal funding have been bound
by these standards of liability since the passage of the CRRA, when the
Agencies reinstated their broad interpretation of the terms ``program
or activity'' and ``program'' and applied these regulations on an
institution-wide basis without changing the language of the
regulations. The joint rule merely makes the regulations track the
statutory language of the CRRA, both for disparate impact and disparate
treatment forms of discrimination. These regulations implement
statutory amendments and longstanding agency policy.
Paperwork Reduction Act
The Agencies certify that this rule will not impose additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501 et seq.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. The rule does not subject federal funding
recipients to new obligations. The regulations amend and clarify
existing regulations that are required by statute pursuant to Title VI
of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act
of 1973, and the Age Discrimination Act of 1975. Therefore, in
accordance with section 6 of Executive Order 13132, the Agencies have
determined that these amendments do not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
List of Subjects
7 CFR Part 15
Aged, Civil rights, Religious discrimination, Sex discrimination.
7 CFR Part 15b
Civil rights, Equal employment opportunity, Grant programs--
education, Individuals with disabilities.
10 CFR Part 4
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
10 CFR Part 1040
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Individuals with disabilities, Sex
discrimination.
13 CFR Part 112
Civil rights, Reporting and recordkeeping requirements, Small
businesses.
13 CFR Part 117
Aged, Civil rights, Reporting and recordkeeping requirements.
14 CFR Part 1250
Civil rights.
14 CFR Part 1251
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
14 CFR Part 1252
Aged, Civil rights.
15 CFR Part 8
Civil rights.
15 CFR Part 8b
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities, Reporting and recordkeeping
requirements.
[[Page 51340]]
15 CFR Part 20
Administrative practice and procedure, Aged, Civil rights.
18 CFR Part 1302
Civil rights, Reporting and recordkeeping requirements.
18 CFR Part 1307
Administrative practice and procedure, Civil rights, Individuals
with disabilities.
18 CFR Part 1309
Aged, Civil rights.
22 CFR Part 141
Civil rights.
22 CFR Part 142
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
22 CFR Part 143
Aged, Civil rights.
22 CFR Part 209
Civil rights.
22 CFR Part 217
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
22 CFR Part 218
Aged, Civil rights.
28 CFR Part 42
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Grant programs, Individuals with disabilities,
Reporting and recordkeeping requirements, Sex discrimination.
29 CFR Part 31
Civil rights, Reporting and recordkeeping requirements.
29 CFR Part 32
Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements.
38 CFR Part 18
Aged, Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities, Reporting and recordkeeping
requirements, Veterans.
40 CFR Part 7
Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
41 CFR Part 101-6
Civil rights, Government property management.
41 CFR Part 101-8
Administrative practice and procedure, Civil rights, Government
property management, Individuals with disabilities, Reporting and
recordkeeping requirements.
43 CFR Part 17
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
44 CFR Part 7
Administrative practice and procedure, Aged, Civil rights,
Reporting and recordkeeping requirements.
45 CFR Part 605
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
45 CFR Part 611
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 617
Administrative practice and procedure, Aged, Civil rights.
45 CFR Part 1110
Civil rights.
45 CFR Part 1151
Civil rights, Equal employment opportunity, Individuals with
disabilities.
45 CFR Part 1156
Administrative practice and procedure, Aged, Civil rights, Grant
programs, Investigations, Reporting and recordkeeping requirements.
45 CFR Part 1170
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
45 CFR Part 1203
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 1232
Civil rights, Grant programs--social programs, Individuals with
disabilities.
49 CFR Part 21
Civil rights, Reporting and recordkeeping requriements.
49 CFR Part 27
Administrative practice and procedure, Airports, Civil rights,
Highways and roads, Individuals with disabilities, Mass transportation,
Railroads, Reporting and recordkeeping requirements.
Adoption of Joint Rule
0
The agency adoptions of this joint rule are set forth below:
DEPARTMENT OF AGRICULTURE
7 CFR Subtitle A
RIN 0566-AB78
Authority and Issuance
0
For the reasons set forth in the joint preamble, USDA amends 7 CFR
subtitle A, parts 15 and 15b as set forth below:
PART 15--NONDISCRIMINATION
0
1. The authority citation for part 15 continues to read as follows:
Authority: 5 U.S.C. 301; 29 U.S.C. 794.
0
2. Section 15.2 is amended by revising paragraph (k) to read as
follows:
Sec. 15.2 Definitions.
* * * * *
(k) Program or activity and program mean all of the operations of
any entity described in paragraphs (k)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
[[Page 51341]]
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
* * * * *
0
3. In Sec. 15.3, the headings for paragraphs (d)(1) through (d)(10)
are revised to read as follows:
Sec. 15.3 Discrimination prohibited.
* * * * *
(d) * * *
(1) Cooperative Agricultural Extension Program. * * *
(2) Rural Electrification and Rural Telephone Programs. * * *
(3) Direct Distribution Program. * * *
(4) National School Lunch Program. * * *
(5) Food Stamp Program. * * *
(6) Special Milk Program for Children. * * *
(7) Price Support Programs carried out through producer
associations or cooperatives or through persons who are required to
provide specified benefits to producers. * * *
(8) Forest Service Programs. * * *
(9) Farmers Home Administration Programs. * * *
(10) Cooperative State Research Programs. * * *
0
4. Section 15.4 is amended by revising paragraph (c) to read as
follows:
Sec. 15.4 Assurances required.
* * * * *
(c) Assurances from institutions. The assurance required with
respect to an institution of higher education, or any other
institution, insofar as the assurance relates to the institution's
practices with respect to admission or other treatment of individuals
or to the opportunity to participate in the provision of services or
other benefits to such individuals, shall be applicable to the entire
institution.
* * * * *
5. Amend the appendix to subpart A of part 15 as follows:
a. In the heading, by removing the words ``USDA-Assisted Programs''
and adding, in their place, the words ``Federal Financial Assistance
From USDA'';
b. In the introductory text, by removing the word ``Programs'' and
adding, in its place, the words ``The types of Federal financial
assistance''; and by removing the words ``in which Federal financial
assistance is rendered''; and
c. In the chart, by removing the column heading ``Program'' and
adding, in its place, the column heading ``Type of Federal Financial
Assistance''.
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column, and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
15.1(b)(3)........................... under any such program
15.2(e).............................. for any program
15.2(e).............................. under any such program
15.2(f).............................. for the purpose of carrying out a program
15.3(b)(3)........................... activities or programs programs or activities
15.3(d), introductory text, first programs and activities types of Federal financial
sentence. assistance
15.3(d), introductory text, third program type of Federal financial
sentence. assistance
15.3(d), introductory text, third it a program
sentence.
15.3(d), introductory text, last listed program listed type of Federal
sentence. financial assistance
15.3(d)(1)(ii)....................... activity of activity funded by
15.3(d)(3)(i)........................ direct distribution program Direct Distribution Program
15.3(d)(3)(iii)...................... program Program
15.3(d)(4)(i)........................ program Program
15.3(d)(4)(ii)....................... program Program
15.3(d)(5)(i)........................ program Program
15.3(d)(6)(i)........................ program Program
15.3(d)(6)(iv)....................... program Program
15.3(d)(7)(v)........................ price support program Price Support Program
15.3(d)(10)(ii)...................... cooperative research program Cooperative Research Program
15.4(a)(1), first sentence........... to carry out a program
15.4(a)(1), first sentence........... except a program except an application
15.4(b).............................. to carry out its program for or activity
involving
15.5(a), second sentence............. programs Federal financial assistance
15.5(a), second sentence............. program
15.5(b), second sentence............. of any program under in
15.5(d).............................. program under program for Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
15.9(e), first sentence.............. programs
15.10(f)............................. under the program involved to which this regulation
applies
15.10(f)............................. assistance will assistance to which this
regulation applies will
15.10(f)............................. under such program
15.12(a), introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
[[Page 51342]]
PART 15b--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
7. The heading for part 15b is revised to read as set forth above.
0
8. The authority citation for part 15b continues to read as follows:
Authority: 29 U.S.C. 794.
0
9. Section 15b.3 is amended by revising paragraph (p) and adding a new
paragraph (s) to read as follows:
Sec. 15b.3 Definitions.
* * * * *
(p) For purposes of Sec. 15b.18(d), Historic Preservation Programs
are those that receive Federal financial assistance that has
preservation of historic properties as a primary purpose.
* * * * *
(s) Program or activity means all of the operations of any entity
described in paragraphs (s)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (s)(1), (2), or (3) of this section.
Sec. 15b.4 [Amended]
0
10. In Sec. 15b.4, the heading of paragraph (c) is amended by removing
the word ``Programs'' and adding, in its place, the words ``Aid,
benefits, or services''.
0
11. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
0
12. Section 15b.18 is amended by revising the heading and first
sentence of paragraph (a), the heading of paragraph (e), and the first
sentence of paragraph (e)(1) introductory text to read as follows:
Sec. 15b.18 Existing facilities.
(a) Accessibility. A recipient shall operate each assisted program
or activity so that when each part is viewed in its entirety it is
readily accessible to and usable by qualified handicapped persons. * *
*
* * * * *
(e) Historic Preservation Programs; application for waiver of
accessibility requirements. (1) A recipient shall operate each assisted
program or activity involving Historic Preservation Programs so that
when each part is viewed in its entirety it is readily accessible to
and usable by handicapped persons. * * *
* * * * *
Sec. 15b.27 [Amended]
0
13. Section 15b.27 is amended by removing from the heading of paragraph
(b) the words ``Program delivery'' and adding, in their place, the word
``Delivery'', and by removing from the heading of paragraph (c) the
words ``Program materials'' and adding, in their place, the word
``Materials''.
Sec. 15b.28 [Amended]
0
14. The heading for Sec. 15b.28 is amended by removing the word
``programs''.
0
15. The heading for subpart F is revised to read as follows:
Subpart F--Other Aid, Benefits, or Services
Appendix A to Part 15b [Amended]
0
16. Amend appendix A to part 15b as follows:
0
a. In the heading, by removing the words ``USDA-Assisted Programs'' and
adding, in their place, the words ``Federal Financial Assistance From
USDA'';
0
b. In the introductory text, by removing the word ``Programs'' and
adding, in its place, the words ``The types of Federal financial
assistance''; and by removing the words ``in which Federal financial
assistance is rendered''; and
0
c. In the chart, by removing the column heading ``Program'' and adding,
in its place, the column heading ``Type of Federal Financial
Assistance''.
0
17. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
15b.2, first sentence................ programs and activities programs or activities
15b.2, last sentence................. tailored to specific programs more specifically tailored
15b.4(b)(1)(v)....................... program program or activity
15b.4(b)(3).......................... programs or activities aid, benefits, or services
15b.4(b)(4)(ii)...................... program program or activity
15b.4(b)(5)(i)....................... or benefits from
15b.4(b)(6).......................... or benefiting from
15b.4(c)............................. the benefits of a program aid, benefits, or services
15b.4(c)............................. from a program from aid, benefits, or
services
15b.5(a), first sentence............. for a program or activity
15b.5(a), first sentence............. the program will the program or activity will
15b.7(a), second sentence............ programs and activities programs or activities
15b.8(a)(3)(i)....................... program program or activity
15b.8(a)(3)(ii)...................... program program or activity
15b.8(a)(3)(iii)..................... program program or activity
15b.10............................... programs programs or activities
15b.11............................... programs and activities programs or activities
[[Page 51343]]
15b.12(a)(3), last sentence.......... apprenticeship programs apprenticeships
15b.12(b)(8)......................... social those that are social
15b.12(b)(8)......................... programs
15b.13(a)............................ program program or activity
15b.13(c), introductory text......... programs programs or activities
15b.13(c)(1)......................... program program or activity
15b.16............................... programs and activities programs or activities
15b.18(b), last sentence............. offer programs and activities to serve
15b.18(b), last sentence............. to obtain the full benefits of the program
15b.18(d)............................ program accessibility accessibility
15b.18(d)............................ the program the program or activity
15b.18(e)(1), introductory text, last program
sentence.
15b.18(e)(1)(iv), first sentence..... program
15b.18(e)(1)(iv), last sentence...... historic preservation program Historic Preservation Program
15b.18(e)(1)(iv), first sentence..... program accessibility accessibility
15b.18(e)(2), introductory text, program
first sentence.
15b.18(e)(2), introductory text, last program
sentence.
15b.18(e)(2)(iii).................... program program or activity
15b.18(g)(3)......................... program accessibility ccessibility under paragraph
(a) of this section
15b.20............................... programs and activities programs or activities
15b.21, introductory text............ program program or activity
15b.22(a)............................ program program or activity
15b.22(b)(2)......................... individualized education program Individualized Education
Program
15b.22(b)(3), first sentence......... in
15b.22(b)(3), first sentence......... to a program for aid, benefits, or
services
15b.22(b)(3), first sentence......... the one those
15b.22(b)(3), first sentence......... operates operates or provides
15b.22(c)(1), second sentence........ to a program for aid, benefits, or
services
15b.22(c)(1), second sentence........ operated operated or provided
15b.22(c)(1), second sentence........ the program aid, benefits, or services
15b.22(c)(2)......................... person in person
15b.22(c)(2)......................... to a program for aid, benefits, or
services
15b.22(c)(2)......................... not operated not operated or provided
15b.22(c)(2)......................... the program aid, benefits, or services
15b.22(c)(3)......................... placement in
15b.22(c)(3)......................... program placement
15b.22(c)(4), last sentence.......... such a program a free appropriate education
15b.24(a)............................ program shall program or activity shall
15b.24(a)............................ a regular or special education program regular or special education
15b.25, first sentence............... operates a provides
15b.25, first sentence............... education program education
15b.26(c)(1), first sentence......... programs and activities aid, benefits, or services
15b.26(c)(1), last sentence.......... in these activities
15b.27(a), first sentence............ operates an provides
15b.27(a), first sentence............ program or activity receiving assistance
from this Department
15b.27(a), first sentence............ from the program or activity
15b.27(a), last sentence............. under the program or activity
15b.27(b)(1), first sentence......... program services aid, benefits, or services
15b.27(b)(2), first sentence......... program services aid, benefits, or services
15b.27(b)(2), second sentence........ program benefits aid, benefits, or services
15b.27(b)(3), first sentence......... program services aid, benefits, or services
15b.27(b)(3), second sentence........ program benefits aid, benefits, or services
15b.27(c), first sentence............ program
15b.28(a), first sentence............ operates a provides
15b.28(a), first sentence............ program receiving assistance from this
Department
15b.28(a), first sentence............ from such program
15b.29............................... programs and activities programs or activities
15b.31(a)............................ program or activity aid, benefits, or services
15b.31(d)............................ programs and activities programs or activities
15b.32(a), second sentence........... program or
15b.32(c)............................ in its program
15b.32(d)(1)......................... under the education program or activity
operated by the recipient
15b.35(a)(1), first sentence......... programs and activities aid, benefits, or services
15b.36............................... programs and activities aid, benefits, or services
15b.39, first sentence............... activity for activity that provides aid,
benefits, or services for
15b.39, first sentence............... program, or activity program or activity
15b.40(a), first sentence............ operate provide
15b.40(a), first sentence............ service programs assisted by this services
Department
15b.41(a)............................ a multi-family rental housing program multi-family rental housing
15b.41(b)(2)......................... program
[[Page 51344]]
15b.41(c), first sentence............ program
15b.41(c), last sentence............. program
----------------------------------------------------------------------------------------------------------------
Dated: May 1, 2001.
David Winningham,
Acting Director, Office of Civil Rights, Department of Agriculture.
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
RIN 3130-AG65
Authority and Issuance
0
For the reasons set forth in the joint preamble, NRC amends 10 CFR
chapter I, part 4 as set forth below:
PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE
COMMISSION
0
1. The heading for part 4 is revised as set forth above.
0
2. The authority citation for part 4 is revised to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);
sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88
Stat. 1242, as amended (42 U.S.C. 5841).
Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78
Stat. 252, 253 (42 U.S.C. 2000d-2000d-7); sec. 401, 88 Stat. 1254
(42 U.S.C. 5891).
Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat.
394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29
U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C.
706(6)).
Subpart C also issued under Title III of Pub. L. 94-135, 89
Stat. 728, as amended (42 U.S.C. 6101).
Subpart E also issued under 29 U.S.C. 794.
0
3. Section 4.4 is amended by revising paragraph (g) to read as follows:
Sec. 4.4 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university or other postsecondary institution, or
a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
0
4. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.3, introductory text, second programs types of Federal financial
sentence. assistance
4.3, introductory text, third under any program or activity
sentence.
4.3, introductory text, fourth a program a type of Federal financial
sentence. assistance
4.3, introductory text, fourth the program a program or activity
sentence.
4.4(f)............................... for the purpose of carrying out a program
4.4(h)............................... for any program
4.4(h)............................... under any such program
----------------------------------------------------------------------------------------------------------------
Subpart A--Regulations Implementing Title VI of the Civil Rights
Act of 1964 and Title IV of the Energy Reorganization Act of 1974
0
5. The heading of Sec. 4.22 is revised to read as follows:
Sec. 4.22 Continuing Federal financial assistance.
* * * * *
0
6. Section 4.24 is amended by revising paragraph (b) to read as
follows:
Sec. 4.24 Assurances from institutions.
* * * * *
(b) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of individuals as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such individuals, shall be applicable to
the entire institution.
0
7. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.12(a), introductory text........... under any program
4.13(a), first sentence.............. a program of the
4.13(a), first sentence.............. assistance assistance to a program
4.13(a), second sentence............. such programs such Federal financial
assistance
4.13(a), second sentence............. fellowship programs fellowships
[[Page 51345]]
4.21(a), first sentence.............. under a program
4.21(a), first sentence.............. except a program except an application
4.21(a), fifth sentence.............. for each program
4.21(a), fifth sentence.............. in the program
4.21(b), third sentence.............. program statute
4.22................................. to carry out a program involving for
4.32(b).............................. of any program under in
4.34................................. program under which program for which
4.51(a)(4)........................... under the program involved
4.64, first sentence................. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
4.64, last sentence.................. programs subject to this subpart are this regulation is
4.74, first sentence................. under the program involved to which this regulation
applies
4.74, first sentence................. assistance will assistance to which this
regulation applies will
4.74, first sentence................. under such program
4.91, introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
Subpart B--Regulations Implementing Section 504 of the
Rehabilitation Act of 1973, as Amended
0
8. The heading of Sec. 4.126 is revised to read as follows:
Sec. 4.126 General requirement concerning accessibility.
* * * * *
0
9. Section 4.127 is amended by revising the heading and first sentence
of paragraph (a) to read as follows:
Sec. 4.127 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity so that when each part is viewed in its entirety it is readily
accessible to and usable by handicapped persons. * * *
* * * * *
0
10. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.121(a)............................. or benefits from
4.121(b)(1)(v)....................... program program or activity
4.121(b)(2).......................... programs or activities aid, benefits, or services
4.121(b)(3)(ii)...................... program program or activity
4.121(b)(4)(i)....................... or benefits from
4.121(c)............................. the benefits of a program aid, benefits, or services
4.121(c)............................. a program aid, benefits, or services
4.121(d)............................. programs and activities programs or activities
4.122(a)............................. or benefits from
4.122(c)(8).......................... social those that are social
4.122(c)(8).......................... programs
4.122(d), last sentence.............. apprenticeship programs apprenticeships
4.123(a)............................. program program or activity
4.123(c), introductory text.......... program program or activity
4.123(c)(1).......................... program program or activity
4.126................................ or benefits from
4.127(b), last sentence.............. offer programs and activities to serve
4.127(d)(3).......................... program accessibility accessibility under paragraph
(a) of this section
4.231(a), first sentence............. for a program or activity
4.231(a), first sentence............. the program the program or activity
4.231(c)(3)(i)....................... program program or activity
4.231(c)(3)(ii)...................... program program or activity
4.232(a), second sentence............ programs and activities programs or activities
----------------------------------------------------------------------------------------------------------------
Subpart C--Regulations Implementing the Age Discrimination Act of
1975, as Amended
0
11. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
4.313, introductory text, first program of activity program or activity
sentence.
4.321, first sentence................ programs and activities programs or activities
4.321, second sentence............... programs and activities programs or activities
4.334(a)(2), last sentence........... program
[[Page 51346]]
4.336(c)(2), first sentence.......... Federal
4.338(c)............................. program program or activity
4.339(b)(2).......................... program or activity Federal financial assistance
4.341(b)............................. programs programs or activities
4.341(c)............................. programs programs or activities
4.341(d)............................. programs programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: April 30, 2001.
William D. Travers,
Executive Director for Operations, Nuclear Regulatory Commission.
DEPARTMENT OF ENERGY
10 CFR Chapter X
RIN 1901-AA86
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOE amends 10 CFR
chapter X, part 1040 as set forth below:
PART 1040--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES
0
1. The heading for part 1040 is revised to read as set forth above.
0
2. The authority citation for part 1040 is revised to read as follows:
Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d
to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.
Subpart A--General Provisions
0
3. Section 1040.3 is amended by revising paragraph (u) to read as
follows:
Sec. 1040.3 Definitions--General.
* * * * *
(u) Program or activity and program mean all of the operations of
any entity described in paragraphs (u)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (u)(1), (2), or (3) of this section.
* * * * *
0
4. Section 1040.4 is amended by revising paragraph (d) and the heading
of paragraph (f) to read as follows:
Sec. 1040.4 Assurances required and preaward review.
* * * * *
(d) Assurances from government agencies. In the case of any
application from any department, agency or office of any State or local
government for Federal financial assistance for any specified purpose,
the assurance required by this section is to extend to any other
department, agency, or office of the same governmental unit.
* * * * *
(f) Continuing Federal financial assistance. * * *
* * * * *
0
5. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.1, first sentence............... the program or activity the Federal financial
assistance
1040.1, first sentence............... program services services
1040.2(a), second sentence........... Programs Types of Federal financial
assistance
1040.2(a), fourth sentence........... under any program or activity
1040.2(a), last sentence............. a program a type of Federal financial
assistance
1040.2(a), last sentence............. the program that a program or activity
1040.3(a)............................ program aid, benefit, service
1040.3(t)............................ for the purpose of carrying out a program
1040.4(a), first sentence............ for a program or activity
1040.4(f), introductory text......... administering a program which receives applying for
1040.4(f)(1)......................... program program or activity
1040.5(b), first sentence............ or programs or activity
1040.5(b), second sentence........... programs programs or activities
1040.5(b), last sentence............. broadcast program broadcast
1040.5(b), last sentence............. the program the program or activity
1040.5(b), last sentence............. opportunity program opportunity program or
activity
1040.5(c), first sentence............ program program or activity
1040.6(a) second sentence............ programs and activities programs or activities
1040.7(b)............................ a program that will to
----------------------------------------------------------------------------------------------------------------
[[Page 51347]]
Subpart B--Title VI of the Civil Rights Act of 1964; Section 16 of
the Federal Energy Administration Act of 1974, as Amended; and
Section 401 of the Energy Reorganization Act of 1974
0
6. Section 1040.13 is amended by revising paragraph (e) to read as
follows:
Sec. 1040.13 Discrimination prohibited.
* * * * *
(e) For the purpose of this section, the disposition, services,
financial aid, or benefits provided under a program receiving Federal
financial assistance include all portions of the recipient's program or
activity, including facilities, equipment, or property provided with
the aid of Federal financial assistance.
* * * * *
0
7. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.11(b), first sentence........... administering administering or
1040.11(b), first sentence........... or substantially benefiting from
1040.12(b), first sentence........... programs and activities programs or activities
1040.13(b), introductory text........ under any program
1040.13(c)........................... program objectives objectives of the program
1040.13(g), first sentence........... from programs from benefits
1040.13(g), last sentence............ the benefits of a program benefits
1040.13(g), last sentence............ programs funded Federal financial assistance
provided
1040.14(a)(1), introductory text, mobility programs mobility projects
first sentence.
----------------------------------------------------------------------------------------------------------------
Subpart D--Nondiscrimination on the Basis of Handicap--Section 504
of the Rehabilitation Act of 1973, as Amended
Sec. 1040.63 [Amended]
0
8. In Sec. 1040.63, the heading of paragraph (c) is amended by
removing the word ``Programs,'' and adding, in its place, the words
``Aid, benefits, or services''.
0
9. The undesignated center heading immediately preceding Sec. 1040.71
is amended by removing the word ``Program''.
0
10. Section 1040.72 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 1040.72 Existing facilities.
(a) Accessibility. A recipient shall operate any program or
activity to which this subpart applies so that when each part is viewed
in its entirety it is readily accessible and usable by handicapped
persons. * * *
* * * * *
0
11. Section 1040.74 is amended by revising the section heading, the
heading of paragraph (a), the first sentence of paragraph (a)
introductory text and the headings of paragraphs (a)(1), (a)(2), and
(a)(3) to read as follows:
Sec. 1040.74 Accessibility in historic properties.
(a) Methods to accomplish accessibility. Recipients shall operate
each program or activity involving historic properties so that when
each part is viewed in its entirety it is readily accessible to and
usable by handicapped persons. * * *
(1) Methods to accomplish accessibility without building
alterations or structural changes. * * *
(2) Methods to accomplish accessibility resulting in building
alterations. * * *
(3) Methods to accomplish accessibility resulting in structural
changes. * * *
* * * * *
0
12. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.61(b)........................... or benefits from
1040.63(a)........................... or benefits from
1040.63(b)(1)(v)..................... program program or activity
1040.63(b)(3)........................ programs or activities aid, benefits, or services
1040.63(b)(4)(ii).................... program program or activity
1040.63(b)(6)........................ or benefiting from
1040.63(c)........................... the benefits of a program aid, benefits, or services
1040.63(c)........................... from a program from aid, benefits, or
services
1040.63(d)........................... programs of activities programs or activities
1040.64(c), first sentence........... under any program to which under any program or activity
to which
1040.64(c), first sentence........... assistance under any program for assistance for
1040.66(a)(3), last sentence......... apprenticeship programs apprenticeships
1040.66(b)(8)........................ social those that are social
1040.66(b)(8)........................ programs
1040.67(a)........................... program program or activity
1040.67(c), introductory text........ program program or activity
1040.67(c)(1)........................ program program or activity
1040.72(b), last sentence............ offer programs and activities to serve
1040.72(d)(3)........................ program accessibility accessibility under Sec.
1040.72(a)
1040.74(a), introductory text, second program
sentence.
1040.74(a), introductory text, last program
sentence.
1040.74(a)(1)(i)..................... programs aid, benefits, or services
1040.74(a)(1)(iii)................... programs or activities aid, benefits, or services
1040.74(a)(1)(iv).................... programs aid, benefits, or services
1040.74(a)(2), first sentence........ program
1040.74(a)(2), first sentence........ Program
1040.74(a)(3), first sentence........ program
[[Page 51348]]
1040.74(a)(3), first sentence........ Program
----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age--Age
Discrimination Act of 1975, as Amended
0
13. The authority citation for subpart E is revised to read as follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 et seq.); 45 CFR part 90.
Appendix A to Subpart E to Part 1040 [Amended]
0
14. Appendix A to subpart E to part 1040 is amended by removing the
words ``or program'' from the sixth column heading.
0
15. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1040.81, last sentence............... programs and activities programs or activities
1040.82(a)........................... or benefits from
1040.83(i)........................... programs and activities programs or activities
1040.88(a)........................... Office of Equal Opportunity (OEO) Office of Civil Rights and
Diversity
1040.88(c)........................... program program or activity
1040.89-1, first sentence............ program and activities programs or activities
1040.89-5(a), third sentence......... Office of Equal Opportunity (OEO) Office of Civil Rights and
Diversity
1040.89-5(a), last sentence.......... OEO Office of Civil Rights and
Diversity
1040.89-5(b), introductory text...... OEO Office of Civil Rights and
Diversity
1040.89-5(c), first sentence......... OEO Office of Civil Rights and
Diversity
1040.89-6(b), second sentence........ OEO Office of Civil Rights and
Diversity
1040.89-6(c), second sentence........ OEO Office of Civil Rights and
Diversity
1040.89-6(e)......................... OEO Office of Civil Rights and
Diversity
1040.89-7(a)(1)...................... OEO Office of Civil Rights and
Diversity
1040.89-7(a)(3)...................... OEO Office of Civil Rights and
Diversity
1040.89-7(b), first sentence......... OEO Office of Civil Rights and
Diversity
1040.89-9(a), introductory text...... Programs Programs or Activities
1040.89-9(a)(1), first sentence...... under the program or activity involved for a program activity in
where which
1040.89-9(c)(1)...................... OEO Office of Civil Rights and
Diversity
1040.89-9(c)(2), first sentence...... Federal
1040.89-11........................... OEO Office of Civil Rights and
Diversity
1040.89-12(b)(2)..................... program or activity Federal financial assistance
1040.89-13(b), introductory text..... OEO Office of Civil Rights and
Diversity
----------------------------------------------------------------------------------------------------------------
Dated: May 29, 2001.
Spencer Abraham,
Secretary, Department of Energy.
SMALL BUSINESS ADMINISTRATION
13 CFR Chapter I
RIN 3245-AE59
Authority and Issuance
0
For the reasons set forth in the joint preamble, SBA amends 13 CFR
chapter I, parts 112 and 117 as set forth below:
PART 112--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF SBA--
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
0
1. The authority citation for part 112 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1).
0
2. Section 112.2 is amended by adding paragraph (e) to read as follows:
Sec. 112.2 Application of this part.
* * * * *
(e) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (e)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1),(2), or (3) of this section.
Appendix A to Part 112 [Amended]
0
3. The chart in appendix A to part 112 is amended by removing the
heading ``Name of program'' and adding, in its place, the heading
``Name of Federal financial assistance'; by removing the heading
``Financial Programs'' and adding, in its place, the heading ``Federal
Financial Assistance Involving Grants of Funds''; and by removing the
heading ``Nonfinancial Programs'' and adding, in its place, the heading
``Other Federal Financial Assistance''.
[[Page 51349]]
0
4. The note immediately following appendix A to part 112 is amended by
removing the word ``programs'' and adding, in its place, the words
``types of Federal financial assistance''.
0
5. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
112.2(a)............................. assistance under programs Federal financial assistance
112.3(b)(3), first sentence.......... the program a program
112.8, last sentence................. for each program
112.8, last sentence................. in the program
----------------------------------------------------------------------------------------------------------------
PART 117--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR
ACTIVITIES OF SBA--EFFECTUATION OF THE AGE DISCRIMINATION ACT OF
1975, AS AMENDED
0
6. The heading for part 117 is revised to read as set forth above.
0
7. The authority citation for part 117 continues to read as follows:
Authority: Age Discrimination Act of 1975, 42 U.S.C. 6101 et
seq.
0
8. Section 117.2 is amended by revising paragraph (a) to read as
follows:
Sec. 117.2 Application of this part.
(a) This part applies to all recipients of Federal financial
assistance administered by the Small Business Administration, whether
or not the specific type of Federal financial assistance administered
is listed in appendix A.
* * * * *
0
9. Section 117.3 is amended by redesignating paragraphs (j) through (m)
as paragraphs (k) through (n), and adding a new paragraph (j) to read
as follows:
Sec. 117.3 Definitions.
* * * * *
(j) The term program or activity means all of the operations of any
entity described in paragraphs (j)(1) through (4) of this section, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (j)(1), (2), or (3) of this section.
* * * * *
Appendix A to Part 117 [Amended]
0
10. The chart in appendix A to part 117 is amended by removing the
words ``Name of program'' and adding, in their place, the words ``Type
of Federal financial assistance''.
0
11. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
117.1................................ programs programs or activities
117.3(j), first sentence............. under any program
117.4(b)(2).......................... programs programs or activities
117.5(b), first sentence............. in a program
117.6(b)............................. business or program program or activity
117.6(c)............................. program program or activity
117.7, first sentence................ under any program
117.7, last sentence................. for each program,
117.7, last sentence................. in the program
117.8(a), first sentence............. programs and activities programs or activities
117.8(c)............................. its program beneficiaries the beneficiaries of its
programs or activities
117.15(a)(3), first sentence......... program
117.17(f)............................ under the programs involved to which this regulation
applies
117.17(f)............................ assistance will assistance to which this
regulation applies will
117.17(f)............................ under such program
117.19(a)(9)......................... program program or activity
117.20, first sentence............... programs programs or activities
----------------------------------------------------------------------------------------------------------------
[[Page 51350]]
Dated: October 10, 2002.
Hector V. Barreto,
Administrator, Small Business Administration.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Chapter V
RIN 2700-AC41
Authority and Issuance
0
For the reasons set forth in the joint preamble, NASA amends 14 CFR
chapter V, parts 1250, 1251, and 1252 as set forth below:
PART 1250--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF
NASA-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
0
1. The authority citation for part 1250 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d-1; and the
laws listed in appendix A to this part.
0
2. Section 1250.102 is amended by revising paragraph (h) to read as
follows:
Sec. 1250.102 Definitions.
* * * * *
(h) Program or activity and program mean all of the operations of
any entity described in paragraphs (h)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
0
3. Section 1250.103-4 is amended by revising paragraph (b) to read as
follows:
Sec. 1250.103-4 Illustrative applications.
* * * * *
(b) In a research or training grant to a university for activities
to be conducted in a graduate school, discrimination in the admission
and treatment of students in the graduate school is prohibited and the
prohibition extends to the entire university.
* * * * *
0
4. Section 1250.103-5 is amended by revising the heading to read as
follows:
Sec. 1250.103-5 Special benefits.
* * * * *
0
5-6. Section 1250.104 is amended by revising paragraph (c)(2) and by
removing paragraph (d)(2) and the paragraph designation (d)(1), to read
as follows:
Sec. 1250.104 Assurances.
* * * * *
(c) * * *
(2) The assurances from such an applicant shall be applicable to
the entire organization of the applicant.
* * * * *
0
7. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1250.101(a)(1), first sentence....... federally-assisted programs and activities types of Federal financial
assistance
1250.101(a)(1), second sentence...... program or activity type of Federal assistance
1250.101(a)(1), second sentence...... such program a program
1250.101(a)(1), last sentence........ programs types of Federal financial
assistance
1250.101(a)(2)....................... under any such program
1250.101(b)(2)....................... extended under any such program extended
1250.101(b)(3)....................... beneficiary under any such program beneficiary
1250.101(b)(5)....................... programs types of Federal financial
assistance
1250.101(b)(6)....................... programs types of Federal financial
assistance
1250.102(f).......................... for the purpose of carrying out a program
1250.102(i).......................... for any program
1250.102(i).......................... under any such program
1250.103-2(a), introductory text..... under any program
1250.103-3(b)........................ programs types of Federal financial
assistance
1250.103-4(a)........................ programs services
1250.103-5........................... the benefits of a program benefits
1250.104(a), first sentence.......... to carry out a program
1250.104(e), second sentence......... under a program of with
1250.104(e), last sentence........... program statute
1250.105(b), last sentence........... of any program under in
1250.105(d).......................... program under program for
1250.108(e), first sentence.......... programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1250.109(f).......................... under the program involved to which this regulation
applies
1250.109(f).......................... assistance will assistance to which this
regulation applies will
1250.109(f).......................... under such program
1250.111(a), first sentence.......... under such program
----------------------------------------------------------------------------------------------------------------
[[Page 51351]]
PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP
0
8. The authority citation for part 1251 continues to read as follows:
Authority: 29 U.S.C. 794.
0
9. Section 1251.102 is amended by adding paragraph (k) to read as
follows:
Sec. 1251.102 Definitions.
* * * * *
(k) Program or activity means all of the operations of any entity
described in paragraphs (k)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k) (1), (2), or (3) of this section.
Sec. 1251.103 [Amended]
0
10. In Sec. 1251.103, the heading of paragraph (c) is amended by
removing the word ``Programs'' and adding, in its place, the words
``Aid, benefits, or services''.
0
11. The heading of subpart 1251.3 of part 1251 is revised to read as
follows:
Subpart 1251.3--Accessibility
0
12. In Sec. 1251.301, the heading and first sentence of paragraph (a)
are revised to read as follows:
Sec. 1251.301 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which his part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
0
13. In the table below, for each section indicated in the left column,
remove the text shown in the middle column, and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1251.101............................. or benefits from
1251.103(a).......................... or benefits from
1251.103(b)(1)(v).................... program program or activity
1251.103(b)(3)....................... program program or activity
1251.103(b)(3)....................... or benefiting from
1251.103(b)(4)....................... programs or activities aid, benefits, or services
1251.103(b)(5)(ii)................... program program or activity
1251.103(b)(6)(i).................... or benefits from
1251.103(b)(7)....................... or benefiting from
1251.103(c).......................... the benefits of a program aid, benefits, or services
1251.103(c).......................... from a program from aid, benefits, or
services
1251.104(a), first sentence.......... for a program or activity
1251.104(a), first sentence.......... the program the program or activity
1251.105(a)(3)(i).................... program program or activity
1251.105(a)(3)(ii)................... program program or activity
1251.105(a)(3)(iii).................. program program or activity
1251.107(a), second sentence......... programs and activities programs or
activities
1251.200(a)(2)....................... programs programs or activities
1251.200(a)(4), last sentence........ apprenticeship programs apprenticeships
1251.200(b)(8)....................... social those that are social
1251.200(b)(8)....................... programs
1251.200(d), last sentence........... apprenticeship programs apprenticeships
1251.201(a).......................... program program or activity
1251.201(c), introductory text....... program program or activity
1251.201(c)(1)....................... program program or activity
1251.301(b), last sentence........... offer programs and activities to serve
1251.301(d)(3)....................... program accessibility accessibility under paragraph
(a) of this section
----------------------------------------------------------------------------------------------------------------
PART 1252--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
14. The heading for part 1252 is revised to read as set forth above.
0
15. The authority citation for part 1252 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq. (45 CFR part 90).
0
16. Section 1252.102 is amended by revising the heading to read as
follows:
Sec. 1252.102 To what programs or activities do these regulations
apply?
* * * * *
0
17. Section 1252.103 is amended by adding paragraph (n) to read as
follows:
Sec. 1252.103 Definitions.
* * * * *
(n) Program or activity means all of the operations of any entity
described in paragraphs (n)(1) through (4) of this
[[Page 51352]]
section, any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (n)(1), (2), or (3) of this section.
0
18. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1252.100, last sentence.............. programs and activities programs or activities
1252.102(a).......................... or benefits from
1252.203............................. program program or activity
1252.300............................. programs and activities programs or activities
1252.403(a)(2), last sentence........ program
1252.405(b), first sentence.......... program activity program or activity
1252.405(c)(2), first sentence....... Federal
1252.409(b)(2)....................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: September 10, 2002.
Sean O'Keefe,
Administrator, National Aeronautics and Space Administration.
DEPARTMENT OF COMMERCE
15 CFR Subtitle A
RIN 0690-AA30
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOC amends 15 CFR
subtitle A, parts 8, 8b, and 20 as set forth below:
PART 8--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF COMMERCE--EFFECTUATION OF TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
0
1. The authority citation for part 8 continues to read as follows:
Authority: Sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d-
1).
0
2. Section 8.3 is amended by revising paragraph (g) to read as follows:
Sec. 8.3 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
0
3. Section 8.5 is amended by revising paragraph (b)(10) to read as
follows:
Sec. 8.5 Nondiscrimination clause.
* * * * *
(b) * * *
(10) In the case where any assurances are required from an
academic, a medical care, detention or correctional, or any other
institution or facility, insofar as the assurances relate to the
institution's practices with respect to the admission, care, or other
treatment of persons by the institution or with respect to the
opportunity of persons to participate in the receiving or providing of
services, treatment, or benefits, such assurances shall be applicable
to the entire institution or facility.
* * * * *
0
4. Section 8.6 is amended by revising the heading of paragraph (a) to
read as follows:
Sec. 8.6 Applicability of this part to Department assisted programs.
* * * * *
(a) Assistance to support economic development. * * *
* * * * *
Appendix A to Part 8 [Amended]
0
5. The heading for appendix A to part 8 is amended by removing the word
``Programs'' and adding, in its place, the words ``Federal Financial
Assistance''.
0
6. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
[[Page 51353]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
8.2(a), first sentence............... federally assisted programs types of Federal financial
assistance
8.2(a), last sentence................ under any such program
8.2(b)(2)............................ under any such program
8.2(b), second sentence.............. a program a type of Federal financial
assistance
8.2(b), second sentence.............. such program a program
8.2(b), last sentence................ programs types of Federal financial
assistance
8.3(i), first sentence............... for or in connection with any program
8.3(i), last sentence................ under any program
8.3(j)............................... for the purpose of carrying out a program
8.4(b)(1), introductory text......... under any program to which this part
applies
8.4(b)(1)(vii)....................... when a program is applicable thereto
8.4(b)(2)............................ under any program
8.4(b)(2)............................ such program, or the class of persons to program, or the class of
whom persons to whom
8.4(c)(1), third sentence............ program plan
8.5(a), first sentence............... to carry out a program
8.5(b)(3)............................ That in a program involving When
8.5(b)(3)............................ assistance, assistance is involved,
8.5(b)(5), third sentence............ program statute
8.6, introductory text, second program type of Federal financial
sentence. assistance
8.6(b), second sentence.............. student training programs instances of student training
8.7(b), last sentence................ of any program under in
8.7(d)............................... program under which program for which
8.12(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
8.13(f).............................. under the program involved to which this regulation
applies
8.13(f).............................. assistance will assistance to which this
regulation applies will
8.13(f).............................. under such program
8.15(a), introductory text, first under such program
sentence.
----------------------------------------------------------------------------------------------------------------
PART 8b--PROHIBITION OF DISCRIMINATION AGAINST THE HANDICAPPED IN
FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF THE DEPARTMENT OF
COMMERCE
0
7. The heading for part 8b continues to read as set forth above.
0
8. The authority citation for part 8b continues to read as follows:
Authority: 29 U.S.C. 794.
0
9. Section 8b.3 is amended by redesignating paragraphs (h) through (l)
as paragraphs (i) through (m), respectively; and adding a new paragraph
(h) to read as follows:
Sec. 8b.3 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
0
10. Section 8b.4 is amended by revising the heading of paragraph (c) to
read as follows:
Sec. 8b.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
Subpart C of Part 8b--[Amended]
0
11. The heading for subpart C of part 8b is amended by removing the
word ``Program.''
0
12. Section 8b.17 is amended by revising the heading and first sentence
of paragraph (a) to read as follows:
Sec. 8b.17 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to qualified handicapped
individuals. * * *
* * * * *
0
12. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
[[Page 51354]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
8b.1, first sentence................. or benefiting from
8b.1, last sentence.................. programs and activities programs or activities
8b.1, last sentence.................. or benefiting from
8b.2, first sentence................. program program or activity
8b.2, first sentence................. or benefiting from
8b.2, last sentence.................. program program or activity
8b.4 (a)............................. or benefits from
8b.4(b)(1)(v)........................ program program or activity
8b.4(b)(3)........................... programs or activities aid, benefits, or services
8b.4(b)(4)(ii)....................... program program or activity
8b.4(b)(5)(i)........................ or benefits from
8b.4(b)(6)........................... or benefiting from
8b.4(b)(7)(i)........................ under programs of Federal financial
assistance
8b.4(c).............................. the benefits of a program aid, benefits, or services
8b.4(c).............................. from a program from aid, benefits, or
services
8b.4(d).............................. programs and activities programs or activities
8b.5(a), first sentence.............. for a program or activity
8b.5(a), first sentence.............. the program the program or activity
8b.5(b)(3)........................... program program or activity
8b.5(d).............................. a program the objectives of Federal
financial assistance
8b.5(d).............................. programs and activities programs or activities
8b.6(a)(3)(i)........................ program program or activity
8b.6(a)(3)(ii)....................... program program or activity
8b.8(a), second sentence............. programs and activities programs or activities
8b.10(a)............................. programs programs or activities
8b.11(a)(1).......................... or benefits from
8b.11(a)(3), last sentence........... apprenticeship programs apprenticeships
8b.12(a)............................. program program or activity
8b.12(b)(1).......................... program program or activity
8b.12(c), introductory text.......... program program or activity
8b.12(c)(1).......................... program program or activity
8b.12(e)............................. program program or activity
8b.17(a), third sentence............. program aid, benefit, or service
8b.17(a), last sentence.............. Program accessibility Accessibility
8b.17(a), last sentence.............. program aid, benefit, or service
8b.17(b), last sentence.............. offer programs and activities to serve
8b.17(e)(3).......................... program accessibility accessibility under Sec.
8b.17(a)
8b.19................................ programs and activities programs or activities
8b.19................................ or benefit from
8b.21(a)............................. program or activity aid, benefits, or services
8b.21(d)............................. programs and activities program or activity
8b.22(a), second sentence............ program of
8b.22(c)............................. in its program
8b.22(d)(1), first sentence.......... under the education program or activity
operated by the recipient
8b.25(a)(1), first sentence.......... programs and activities aid, benefits, or services
----------------------------------------------------------------------------------------------------------------
PART 20--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
15. The authority citation for part 20 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
sec. 6101 et seq. and the government-wide regulations implementing
the Act, 45 CFR part 90.
0
16. The heading of Sec. 20.2 is revised to read as follows:
Sec. 20.2 Programs or activities to which these regulations apply.
* * * * *
0
17. Section 20.3 is amended by redesignating paragraphs (j) through (n)
as paragraphs (k) through (o), respectively; and adding a new paragraph
(j) to read as follows:
Sec. 20.3 Definitions.
* * * * *
(j) Program or activity means all of the operations of any entity
described in paragraphs (j)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial
[[Page 51355]]
assistance is extended, in the case of any other corporation,
partnership, private organization, or sole proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (j)(1),(2), or (3) of this section.
* * * * *
0
18. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
20.1, last sentence.................. programs and activities programs or activities
20.2(a).............................. or benefits from
20.4(d).............................. program program or activity
20.7, introductory text.............. programs and activities programs or activities
20.7(a), first sentence.............. program program or activity
20.13(a)(2), last sentence........... program
20.15(a)(1), last sentence........... program program or activity
20.15(b)............................. program and activity program or activity
20.15(c)(2), first sentence.......... Federal
20.18(b)(2).......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: May 17, 2001.
Suzan J. Aramaki,
Director, Office of Civil Rights, Department of Commerce.
TENNESSEE VALLEY AUTHORITY
18 CFR Chapter XIII
RIN 3316-AA20
Authority and Issuance
0
For the reasons set forth in the joint preamble, TVA amends 18 CFR
chapter XIII, parts 1302, 1307, and 1309 as set forth below:
PART 1302--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF
TVA-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
0
1. The authority citation for part 1302 continues to read as follows:
Authority: TVA Act, 48 Stat. 58 (1933), as amended, 16 U.S.C.
831-831dd, and sec. 602 of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-1.
0
2. Section 1302.3 is amended by adding a new paragraph (e) to read as
follows:
Sec. 1302.3 Definitions.
* * * * *
(e) Program or activity and program refer to all of the operations
of any entity described in paragraphs (e)(1) through (4) of this
section, any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1), (2), or (3) of this section.
0
3. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1302.2, introductory text, first program in which program for which
sentence.
1302.2, introductory text, second programs types of Federal financial
sentence. assistance
1302.2(b)............................ under any such program
1302.2(c)............................ under any such program
1302.2, concluding text, first a program a type of Federal financial
sentence. assistance
1302.2, concluding text, first such program a program
sentence.
1302.2, concluding text, last programs types of Federal financial
sentence. assistance
1302.4(b)(1), introductory text...... under any program or activity
1302.5(a), last sentence............. in the program
1302.5(b), first sentence............ through a program of with
1302.5(b), second sentence........... under a program of with
1302.5(b), third sentence............ program statute
1302.6(b), last sentence............. of any program under in
1302.6(d)............................ program under which program for which
1302.7(b)(3)(ii)..................... program programs
1302.7(c)(3)(ii)(B).................. program programs
1302.9(e), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
[[Page 51356]]
1302.10(f)........................... under the program involved to which this regulation
applies
1302.10(f)........................... assistance will assistance to which this
regulation applies will
1302.10(f)........................... under such program .............................
1302.12(a), introductory text, first under such program .............................
sentence.
----------------------------------------------------------------------------------------------------------------
PART 1307--NONDISCRIMINATION WITH RESPECT TO HANDICAP
0
4. The authority citation for part 1307 continues to read as follows:
Authority: TVA Act, 48 Stat. 58 (1933) as amended, 16 U.S.C.
831-831dd (1976) and sec. 504 of the Rehabilitation Act of 1973,
Pub. L. 93-112, as amended, 29 U.S.C. 794 (1976; Supp. II 1978).
0
5. Section 1307.1 is amended by adding paragraph (k) to read as
follows:
Sec. 1307.1 Definitions.
* * * * *
(k) Program or activity means all of the operations of any entity
described in paragraphs (k)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
0
6. The heading of Sec. 1307.4 is revised to read as follows:
Sec. 1307.4 Discrimination prohibited.
* * * * *
0
7. Section 1307.6 is amended by revising the section heading and the
first sentence of paragraph (b)(1) to read as follows:
Sec. 1307.6 Accessibility.
* * * * *
(b) * * *
(1) Each program or activity subject to this part shall be operated
so that when each part is viewed in its entirety it is readily
accessible to and usable by qualified handicapped persons. * * *
* * * * *
0
8. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1307.3, first sentence............... program in which program or activity for which
1307.3, first sentence............... under any program
1307.3, first sentence............... under any such program .............................
1307.4(b)(1), introductory text...... under any program .............................
1307.4(b)(1)(i)...................... program program or activity
1307.4(b)(1)(ii)..................... program program or activity
1307.4(b)(1)(iii).................... program program or activity
1307.4(b)(1)(iv)..................... program program or activity
1307.4(b)(1)(v)...................... program program or activity
1307.4(b)(1)(vi)..................... program program or activity
1307.4(b)(1)(vii).................... program program or activity
1307.4(b)(2)......................... program program or activity
1307.4(b)(2)......................... activities aid, benefits, or services
1307.4(b)(3)(ii)..................... program program or activity
1307.4(b)(4)......................... program, program or activity,
1307.4(b)(4)(i)...................... program program or activity
1307.4(c)............................ the benefits of a program aid, benefits, or services
1307.4(c)............................ from a program from aid, benefits, or
services
1307.4(d), first sentence............ programs and activities programs or activities
1307.4(d), last sentence............. programs aid, benefits, or services
1307.5(c)(8)......................... social those that are social
1307.5(c)(8)......................... programs .............................
1307.5(d)............................ apprenticeship programs apprenticeships
1307.5(e)(2)(i)...................... programs programs or activities
1307.6(a)............................ program program or activity
1307.6(b)(1), third sentence......... program .............................
1307.6(b)(1), last sentence.......... programs or activities aid, benefits, or services
1307.6(b)(2), introductory text, make covered programs or activities in comply with paragraph (b)(1)
second sentence. existing facilities recipient accessible of this section
1307.6(c), second sentence........... program .............................
1307.6(c), fourth sentence........... program .............................
1307.6(d)(1)......................... program program or activity
1307.7(a), last sentence............. in the program .............................
[[Page 51357]]
1307.7(b), first sentence............ through a program of with
1307.7(b), second sentence........... under a program of with
1307.7(b), third sentence............ program statute
1307.8(b), last sentence............. of any program under in
1307.8(d)............................ program under which program or activity for which
1307.10(c), last sentence............ program program or activity
1307.11(e) first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1307.12(f)........................... under the program involved to which this regulation
applies
1307.12(f)........................... assistance will assistance to which this
regulation applies will
1307.12(f)........................... under such program .............................
1307.13(a)(2)........................ program program or activity
1307.13(b), first sentence........... programs programs or activities
----------------------------------------------------------------------------------------------------------------
PART 1309--NONDISCRIMINATION WITH RESPECT TO AGE
0
9. The authority citation for part 1309 continues to read as follows:
Authority: TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16
U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act
of 1975, 89 Stat. 729 (1975), as amended, 42 U.S.C. 6103 (1976).
0
10. Section 1309.1 is amended by redesignating paragraphs (h) through
(l) as paragraphs (i) through (m), and adding paragraph (h) to read as
follows:
Sec. 1309.1 What are the defined terms in this part and what do they
mean?
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
0
11. The heading for Sec. 1309.4 is revised to read as follows:
Sec. 1309.4 What programs or activities are covered by the Act and
this part?
* * * * *
0
12. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1309.2, last sentence................ programs and activities programs or activities
1309.9(a), last sentence............. in the program .............................
1309.9(b), second sentence........... under a program of with
1309.9(b), third sentence............ program statute
1309.10(a), first sentence........... programs and activities programs or activities
1309.12(a), last sentence............ of any program under in
1309.12(c)........................... program under which program or activity for which
1309.14(a), third sentence........... program .............................
1309.14(d)(2), last sentence......... program .............................
1309.15(b), first sentence........... prograrm program
1309.15(c)(2), first sentence........ the TVA program the program
1309.16, last sentence............... program or activity Federal financial assistance
1309.17(e), first sentence........... programs Federal statutes,
authorities, of other means
by which Federal financial
assistance is extended and
1309.17(f)(3)........................ under the program involved to which this regulation
applies
1309.17(f)(3)........................ assistance will assistance to which this
regulations applies will
1309.17(f)(3)........................ under such program
1309.18(c) program................... program or activity
----------------------------------------------------------------------------------------------------------------
[[Page 51358]]
Dated: May 29, 2001.
Steven R. Ayers,
General Manager, Contracts/Supplier & Diverse Business Relations,
Tennessee Valley Authority.
DEPARTMENT OF STATE
22 CFR Chapter I
RIN 1400-AB17
Authority and Issuance
0
For the reasons set forth in the joint preamble, the Department of
State amends 22 CFR chapter I, parts 141 through 143 as set forth
below:
PART 141--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF STATE--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964
0
1. The authority citation for part 141 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252, sec. 4, 63 Stat. 111, as
amended; 42 U.S.C. 2000d-1, 22 U.S.C. 2658.
0
2. Section 141.3 is amended by revising the heading of paragraph (c) to
read as follows:
Sec. 141.3 Discrimination prohibited.
* * * * *
(c) Special benefits. * * *
* * * * *
0
3. Section 141.4 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 141.4 Assurances required.
* * * * *
(b) * * *
(2) The assurance required with respect to an institution of higher
education, or any other institution, insofar as the assurance relates
to the institution's practices with respect to admission or other
treatment of individuals as students, or clients of the institution or
to the opportunity to participate in the provision of services or other
benefits to such individuals, shall be applicable to the entire
institution.
* * * * *
0
4. Section 141.12 is amended by revising paragraph (f) to read as
follows:
Sec. 141.12 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
Appendix A to Part 141 [Amended]
0
5. The heading for appendix A to part 141 is amended by removing the
words ``Grants and Activities'' and adding, in their place, the words
``Federal Financial Assistance''.
0
6. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
141.2, first sentence................ federally-assisted programs and activities types of Federal financial
assistance
141.2, second sentence............... under any such program .............................
141.2(b)............................. under any such program .............................
141.2(c)............................. under any such program .............................
141.2, penultimate sentence.......... program or activity type of Federal financial
assistance
141.2, penultimate sentence.......... such program a program
141.3(b)(1), introductory text....... under any program .............................
141.3(c)............................. the benefits of a program benefits
141.4(a)(1), first sentence.......... to carry out a program .............................
141.4(a)(2), third sentence.......... a program of .............................
141.4(a)(3), first sentence.......... for each program, .............................
141.4(a)(3), first sentence.......... in the program .............................
141.4(b)(1).......................... a student loan program student loans
141.5(b), last sentence.............. of any program under in
141.5(d)............................. program under which program for which
141.8(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
141.9(f)............................. under the program involved to which this regulation
applies
141.9(f)............................. assistance will assistance to which this
regulation applies will
141.9(f)............................. under such program .............................
141.12(c)............................ the program extending .............................
141.12(g)............................ for any program, .............................
141.12(g)............................ under any such program .............................
141.12(h)............................ for the purpose of carrying out a program .............................
----------------------------------------------------------------------------------------------------------------
[[Page 51359]]
PART 142--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
7. The heading for part 142 is revised to read as set forth above.
0
8. The authority citation for part 142 continues to read as follows:
Authority: 29 U.S.C. 794.
0
9. Section 142.3 is amended by adding paragraph (m) to read as follows:
Sec. 142.3 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or (ii) The entity
of such State or local government that distributes such assistance and
each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of
assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
0
10. Section 142.4 is amended by revising the heading of paragraph (c)
to read as follows:
Sec. 142.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
0
11. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
0
12. Section 142.16 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 142.16 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to and usable by handicapped
persons. * * *
* * * * *
Appendix to Part 142 [Amended]
0
13. The heading for appendix A to part 142 is amended by removing the
words ``Grants and Activities'' and adding, in their place, the words
``Federal Financial Assistance''.
0
14. The introductory text for appendix A to part 142 is amended by
removing the words ``Programs of'' and adding, in their place, the
words ``Types of Federal''.
0
15. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
142.2, introductory text, first all programs all programs or activities
sentence.
142.2, introductory text, first federally-assisted programs and activities types of Federal financial
sentence. assistance
142.2, introductory text, second under any such program .............................
sentence.
142.2(b)............................. under any such program .............................
142.2(c)............................. under any such program .............................
142.2(d), last sentence.............. program Federal financial assistance
142.4(a)............................. or benefits from .............................
142.4(b)(1)(v)....................... recipients program recipient's program or
activity
142.4(b)(3).......................... programs or activities aid, benefits, or services
142.4(b)(4)(ii)...................... program program or activity
142.4(b)(5)(i)....................... or benefits from .............................
142.4(b)(6).......................... or benefiting from .............................
142.4(c)............................. the benefits or a program aid, benefits, or services
142.4(d)............................. programs and activities programs or activities
142.4(e)............................. programs and activities programs or activities
142.5(a), first sentence............. for a program or activity .............................
142.5(a), first sentence............. program will program or activity will
142.6(a)(3)(i)....................... program program or activity
142.6(a)(3)(ii)...................... program program or activity
142.8(a), second sentence............ programs and activities programs or activities
142.11(a)(3), last sentence.......... apprenticeship programs apprenticeships
142.11(b)(8)......................... social those that are social
142.11(b)(8)......................... programs .............................
142.12(a)............................ program program or activity
142.12(c), introductory text......... program program or activity
142.12(c)(1)......................... program program or activity
142.16(b), last sentence............. offer programs and activities to serve
142.16(d)(3)......................... program accessibility accessibility under paragraph
(a) of this section
142.41............................... programs and activities programs or activities
142.41............................... or benefit from .............................
142.43(a)............................ program or activity aid, benefits, or services
142.43(b)............................ programs activities programs or activities
142.43(d)............................ programs and activities programs or activities
[[Page 51360]]
142.44(a), second sentence........... program of .............................
142.44(c)............................ in its program .............................
142.44(d)(1)......................... under the education program or activity .............................
operated by the recipient
142.47(a)(1), first sentence......... programs and activities aid, benefits, or services
142.61............................... programs and activities programs or activities
142.61............................... or benefit from .............................
----------------------------------------------------------------------------------------------------------------
PART 143--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
16. The authority citation for part 143 is revised to read as follows:
Authority: Age Discrimination Act of 1975, as amended, (42
U.S.C. 6101 et seq.); 22 U.S.C. 2658; 45 CFR part 90.
0
17. The heading of Sec. 143.2 is revised to read as follows:
Sec. 143.2 To what programs or activities do these regulations apply?
* * * * *
0
18. Section 143.3 is amended by redesignating paragraphs (b)(2) and
(b)(3) as paragraphs (b)(3) and (b)(4) and adding a new paragraph
(b)(2) to read as follows:
Sec. 143.3 Definitions.
* * * * *
(b) * * *
(2) Program or activity means all of the operations of any entity
described in paragraphs (b)(2)(i) and (iv) of this section, any part of
which is extended Federal financial assistance:
(i)(A) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(ii)(A) A college, university, or other postsecondary institution,
or a public system of higher education; or
(B) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(iii)(A) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(1) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(2) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(B) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(iv) Any other entity which is established by two or more of the
entities described in paragraph (b)(2)(i), (ii), or (iii) of this
section.
* * * * *
Appendix A to Part 143 [Amended]
0
19. The heading for appendix A to part 143 is amended by removing the
word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
0
20. The undesignated center heading in appendix A to part 143 is
amended by removing the words ``Programs of'' and adding, in their
place, the words ``Types of Federal''.
Appendix B to Part 143 [Amended]
0
21. The heading for appendix B to part 143 is amended by removing the
word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
0
22. The undesignated center heading in appendix B to part 143 is
amended by removing the words ``Programs of'' and adding, in their
place, the words ``Types of Federal''.
Appendix C to Part 143 [Amended]
0
23. The heading for appendix C to part 143 is amended by removing the
word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
0
24. The undesignated center heading in appendix C to part 143 is
amended by removing the words ``Program of'' and adding, in their
place, the words ``Types of Federal''.
0
25. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
143.1, last sentence................. programs and activities programs or activities
143.2................................ or benefits from .............................
143.21............................... programs and activities programs or activities
143.34(a)(2), last sentence.......... program .............................
143.36(c)(2), first sentence......... Federal .............................
143.39(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 51361]]
Dated: May 18, 2001.
Grant S. Green, Jr.,
Under Secretary for Management.
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Chapter II
RIN 0412-AA45
Authority and Issuance
0
For the reasons set forth in the joint preamble, AID amends 22 CFR
chapter II, parts 209, 217, and 218, as set forth below:
PART 209-NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
AGENCY FOR INTERNATIONAL DEVELOPMENT--EFFECTUATION OF TITLE VI OF
THE CIVIL RIGHTS ACT OF 1964
0
1. The authority citation for part 209 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252, and sec. 621, Foreign
Assistance Act of 1961, 75 Stat. 445; 22 U.S.C. 2402.
0
2. Section 209.3 is amended by revising paragraph (g) to read as
follows:
Sec. 209.3 Definitions.
* * * * *
(g) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (g)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1) (i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2) (i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3) (i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
0
3. Section 209.5 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 209.5 Assurance required.
* * * * *
(b) * * *
(2) The assurance required with respect to an institution of higher
education or any other institution, insofar as the assurance relates to
the institution's practices with respect to admission or other
treatment of individuals as students or clients of the institution or
to the opportunity to participate in the provision of services or other
benefits to such individuals, shall be applicable to the entire
institution.
0
4. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
209.2, first sentence................ federally-assisted programs and activities types of Federal financial
assistance
209.2, second sentence............... under any such program
209.2(b)............................. under any such program
209.2(c)............................. under any such program
209.2, last sentence................. program Federal financial assistance
209.3(f)............................. for the purpose of carrying out a program
209.3(h)............................. for any program,
209.3(h)............................. under any such program
209.4(b)(1), introductory text....... under any program
209.5(a)(1), first sentence.......... to carry out a program
209.5(a)(1), first sentence.......... except a program except an application
209.5(a)(1), fifth sentence.......... for each program
209.5(a)(1), fifth sentence.......... in the program
209.5(a)(2), first sentence.......... through a program of with
209.5(a)(2), second sentence......... under a program of with
209.5(a)(2), third sentence.......... program statute
209.5(b)(1).......................... for a student assistance program for student assistance
209.6(b), last sentence.............. of any program under in
209.6(d)............................. under for
209.9(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
209.10(e)............................ under the program involved to which this regulation
applies
209.10(e)............................ assistance will assistance to which this
regulation applies will
209.10(e)............................ under such program
209.12(a), first sentence............ under such program
209.13............................... programs Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 51362]]
PART 217--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
5. The heading for part 217 is revised to read as set forth above.
0
6. The authority citation for part 217 continues to read as follows:
Authority: 29 U.S.C. 794, unless otherwise noted.
0
7. Section 217.3 is amended by adding a new paragraph (l) to read as
follows:
Sec. 217.3 Definitions.
* * * * *
(1) Program or activity means all of the operations of any entity
described in paragraphs (l)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (l)(1), (2), or (3) of this section.
0
8. Section 217.4 is amended by revising the heading of paragraph (c) to
read as follows:
Sec. 217.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
Subpart C of Part 217--[Amended]
0
9. The heading for subpart C is amended by removing the word
``Program''.
0
10. Section 217.22 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 217.22 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
0
11. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
217.2, first sentence................ programs carried programs or activities
carried
217.2, first sentence................ federally-assisted programs and activities types of Federal financial
assistance
217.2, second sentence............... under any such program
217.2(b)............................. under any such program
217.2(c)............................. under any such program
217.2, last sentence................. program Federal financial assistance
217.4(a)............................. or benefits from
217.4(b)(1)(v)....................... program program or activity
217.4(b)(3).......................... programs or activities aid, benefits, or service
217.4(b)(4)(ii)...................... program program or activity
217.4(b)(5)(i)....................... or benefits from
217.4(b)(6).......................... or benefiting from
217.4(c)............................. the benefits of a program aid, benefits, or services
217.4(c)............................. from a program from aid, benefits, or
services
217.5(a), first sentence............. for a program or activity
217.5(a), first sentence............. the program the program or activity
217.6(a)(3)(i)....................... program program or activity
217.6(a)(3)(ii)...................... program program or activity
217.6(a)(3)(iii)..................... program program or activity
217.8(a), second sentence............ programs and activities programs or activities
217.11(a)(3), last sentence.......... apprenticeship programs apprenticeships
217.11(b)(8)......................... social those that are social or
recreational
217.11(b)(8)......................... programs
217.12(a)............................ program program or activity
217.12(c), introductory text......... program program or activity
217.12(c)(1)......................... program program or activity
217.14(b)............................ programs program
217.22(b), last sentence............. offer programs and activities to serve
217.22(d)(3)......................... program accessibility accessibility under Sec.
217.22(a)
217.41............................... programs and activities programs or activities
217.41............................... or benefit from
217.43(a)............................ program or activity aid, benefits, or services
217.43(d)............................ programs and activities program or activity
217.44(a), second sentence........... program of
217.44(c)............................ in its program
217.44(d)(1)......................... under the education program or activity
operated by the recipient
217.47(a)(1), first sentence......... programs and activities aid, benefits, or services
----------------------------------------------------------------------------------------------------------------
[[Page 51363]]
PART 218--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
12. The authority citation for part 218 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq.; 45 CFR part 90; 22 U.S.C. 2658, unless otherwise
noted.
0
13. The heading for Sec. 218.02 is revised to read as follows:
Sec. 218.02 To what programs or activities do these regulations
apply?
* * * * *
0
14. Section 218.03 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 218.03 Definitions.
* * * * *
(b) * * *
(4) Program or activity means all of the operations of any entity
described in paragraphs (b)(4)(i) through (iv) of this section, any
part of which is extended Federal financial assistance:
(i)(A) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(ii)(A) A college, university, or other postsecondary institution,
or a public system of higher education; or
(B) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(iii)(A) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(1) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(2) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(B) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(iv) Any other entity which is established by two or more of the
entities described in paragraph (b)(4)(i), (ii), or (iii) of this
section.
Appendices A, B, and C to Part 218 [Amended]
0
15. The headings for appendices A, B, and C to part 218 are amended by
removing the words ``Affected Programs'' and adding, in their place,
the words ``Types of Federal Financial Assistance''.
0
16. The undesignated center headings immediately following the headings
for appendices A and B to part 218 are amended by removing the words
``Programs of'' and adding, in their place, the word ``Federal''.
0
17. The undesignated center heading immediately following the heading
for appendix C to part 218 is amended by removing the words ``Program
of'' and adding, in their place, the word ``Federal''.
0
18. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
218.01, last sentence................ programs and activities programs or activities
218.02............................... or benefits from
218.21............................... programs and activities program or activities
218.34(a)(2), last sentence.......... program
218.36(c)(2)......................... Federal
218.39(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: May 1, 2001.
Jessalyn L. Pendarvis,
Director, Office of Equal Opportunity Programs, Agency for
International Development.
DEPARTMENT OF JUSTICE
28 CFR Chapter I
[A.G. Order No. 2679-2003]
RIN 1190-AA49
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOJ amends 28 CFR
chapter I, part 42 as set forth below:
PART 42--NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES
AND PROCEDURES
Subpart C--Nondiscrimination in Federally Assisted Programs--
Implementation of Title VI of the Civil Rights Act of 1964 \1\
---------------------------------------------------------------------------
\1\ See also 28 CFR 50.3. Guidelines for enforcement of Title
VI, Civil Rights Act.
---------------------------------------------------------------------------
0
1. The authority citation for subpart C is revised to read as follows:
Authority: 42 U.S.C. 2000d-2000d-7; E.O. 12250, 45 FR 72995, 3
CFR, 1980 Comp., p. 298.
0
2. Section 42.102 is amended by revising paragraph (d) to read as
follows:
Sec. 42.102 Definitions.
* * * * *
(d) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (d)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
[[Page 51364]]
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (d)(1), (2), or (3) of this section.
* * * * *
0
3. Section 42.104 is amended by revising paragraph (b)(4) to read as
follows:
Sec. 42.104 Discrimination prohibited.
* * * * *
(b) * * *
(4) For the purposes of this section the disposition, services,
financial aid, or benefits provided under a program receiving Federal
financial assistance shall be deemed to include all portions of the
recipient's program or activity, including facilities, equipment, or
property provided with the aid of Federal financial assistance.
* * * * *
0
4. Section 42.105 is amended by revising paragraph (b), paragraph
(c)(2), and the heading of paragraph (d) to read as follows:
Sec. 42.105 Assurance required.
* * * * *
(b) Assurances from government agencies. In the case of any
application from any department, agency, or office of any State or
local government for Federal financial assistance for any specified
purpose, the assurance required by this section shall extend to any
other department, agency, or office of the same governmental unit if
the policies of such other department, agency, or office will
substantially affect the project for which Federal financial assistance
is requested.
(c) * * *
(2) The assurance required with respect to an academic institution,
detention or correctional facility, or any other institution or
facility, insofar as the assurance relates to the institution's
practices with respect to admission or other treatment of individuals
as students, patients, wards, inmates, persons subject to control, or
clients of the institution or facility or to the opportunity to
participate in the provision of services, disposition, treatment, or
benefits to such individuals, shall be applicable to the entire
institution or facility.
(d) Continuing Federal financial assistance. * * *
* * * * *
0
5. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
42.102(f)............................ for any program,
42.102(f)............................ under any such program
42.102(g)............................ for the purpose of carrying out a program
42.103, introductory text, second under any such program
sentence.
42.104(b)(1), introductory text...... under any program
42.105(a)(1), first sentence......... to carry out a program
42.105(a)(1), fourth sentence........ for each program
42.105(a)(1), fourth sentence........ in the program
42.105(a)(2), first sentence......... through a program of with
42.105(a)(2), second sentence........ under a program of with
42.105(a)(2), last sentence.......... program statute
42.105(d), introductory text......... administering a program which receives applying for
42.106(b), last sentence............. of any program under in
42.106(d)............................ program under which program for which
42.109(e), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
42.110(f)............................ under the program involved to which this regulation
applies
42.110(f)............................ assistance will assistance to which this
regulation applies will
42.110(f)............................ under such program
----------------------------------------------------------------------------------------------------------------
0
6. The heading for subpart G is revised to read as follows:
Subpart G--Nondiscrimination Based on Handicap in Federally
Assisted Programs or Activities--Implementation of Section 504 of
the Rehabilitation Act of 1973
0
7. The authority citation for subpart G continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 29 U.S.C. 706, 794;
E.O. 12250.
Sec. 42.520 [Amended]
0
8. The undesignated center heading immediately preceding Sec. 42.520
is amended by removing the word ``Program.''
0
9. Section 42.521 is amended by revising the heading and first sentence
of paragraph (a) to read as follows:
Sec. 42.521 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this subpart applies so that when each part is viewed
in its entirety it is readily accessible to and usable by handicapped
persons. * * *
* * * * *
0
10. Section 42.540 is amended by revising paragraph (h) to read as
follows:
Sec. 42.540 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h) (1) through (4) of this section, any part
of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
[[Page 51365]]
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
Appendix A to Subpart G of Part 42 [Amended]
0
11. The Note in appendix A to subpart G is amended by removing the word
``program'' and adding, in its place, the words ``program or
activity.''
0
12. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
42.501............................... program program or activity
42.502, first sentence............... program program or activity
42.502, first sentence............... or benefiting from
42.502, last sentence................ program program or activity
42.503(a)............................ program program or activity
42.503(a)............................ or benefiting from
42.503(b)(1), introductory text...... program program or activity
42.503(b)(1)(i)...................... program program or activity
42.503(b)(1)(ii)..................... program program or activity
42.503(b)(1)(iv)..................... program program or activity
42.503(b)(1)(vi)..................... program program or activity
42.503(b)(2)......................... program program or activity
42.503(b)(2)......................... program aid, benefits, or services
42.503(b)(3)......................... program program or activity
42.503(b)(4)......................... program program or activity
42.503(b)(5)......................... a program aid, benefits, or services
42.503(b)(5)......................... any program any program or activity
42.503(b)(6)......................... program entity
42.503(c)............................ programs aid, benefits, or services
42.503(d)............................ programs programs or activities
42.503(f), first sentence............ program program or activity
42.504(a), first sentence............ program program or activity
42.504(a), second sentence........... for each of its assistance programs
42.504(a), second sentence........... program program or activity
42.504(b)............................ program program or activity
42.505(a), last sentence............. program program or activity
42.505(b)............................ program program or activity
42.505(f)(1), second sentence........ programs programs or activities
42.510(a)(1)......................... program program or activity
42.510(a)(1)......................... or benefiting from
42.510(a)(2)......................... program program or activity
42.510(a)(3), last sentence.......... apprenticeship programs apprenticeships
42.510(b)(7)......................... social those that are social
42.510(b)(7)......................... programs
42.511(a)............................ program program or activity
42.511(c), introductory text......... program program or activity
42.511(c)(1)......................... program program or activity
42.520............................... program program or activity
42.521(b), first sentence............ in making its program accessible to its in making its program or
program accessible activity accessible
42.521(b), last sentence............. offer programs to serve
42.521(b), last sentence............. to obtain the full benefits of the program
42.521(d)(1)......................... program program or activity
42.521(d)(3)......................... program accessibility accessibility under Sec.
42.521(a)
42.530(a), first sentence............ programs programs or activities
42.530(b)............................ programs programs or activities
42.530(c)............................ programs programs or activities
42.540(i), first sentence............ programs programs or activities
----------------------------------------------------------------------------------------------------------------
[[Page 51366]]
0
13. The heading for subpart I is revised to read as follows:
Subpart I--Nondiscrimination on the Basis of Age in Federally
Assisted Programs or Activities; Implementation of the Age
Discrimination Act of 1975
0
14. The authority citation for subpart I continues to read as follows:
Authority: 42 U.S.C. 6103(a)(4); 45 CFR part 90.
0
15. Section 42.702 is amended by revising the definition of ``Program
or activity'' to read as follows:
Sec. 42.702 Definitions.
* * * * *
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
0
16. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
42.701(b)............................ programs programs or activities
42.710(b), last sentence............. program program or activity
42.712(a)(2)......................... program program or activity
42.712(b)(2)......................... program program or activity
42.712(c)............................ program program or activity
42.713(b), last sentence............. program program or activity
42.714............................... program program or activity
42.720, first sentence............... program program or activity
42.724(b)............................ program program or activity
42.725............................... programs and activities programs or activities
42.733(b)(1)(i)(A)................... program program or activity
42.733(b)(2), last sentence.......... programs programs or activities
42.733(b)(3), last sentence.......... program program or activity
----------------------------------------------------------------------------------------------------------------
Dated: July 1, 2003.
John Ashcroft,
Attorney General.
DEPARTMENT OF LABOR
29 CFR Subtitle A
RIN 1291-AA31
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOL amends 29 CFR
subtitle A, parts 31 and 32 as set forth below:
PART 31--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE
DEPARTMENT OF LABOR--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964
0
1. The authority citation for part 31 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 501, 29 U.S.C. 49k,
5 U.S.C. 301.
0
2. Section 31.2 is amended by revising paragraph (g) to read as
follows:
Sec. 31.2 Definitions.
* * * * *
(g) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (g)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
0
3. Section 31.3 is amended by revising the heading of paragraph (d)(1)
to read as follows:
[[Page 51367]]
Sec. 31.3 General standards.
* * * * *
(d) * * *
(1) Employment service. * * *
* * * * *
0
4. Section 31.6 is amended by revising the heading of paragraph (b) to
read as follows:
Sec. 31.6 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
0
5. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
31.2(f).............................. for the purpose of carrying out a program
31.2(h).............................. for any program,
31.2(h).............................. under any such program
31.3(b)(1), introductory text........ under any program
31.3(d), introductory text, first programs and activities types of Federal financial
sentence. assistance
31.3(d), introductory text third particular program particular type of Federal
sentence. financial assistance
31.3(d), introductory text, last listed program listed type of Federal
sentence. financial assistance
31.3(d), introductory text, last that program that assistance
sentence.
31.3(d), introductory text, last other programs or activities programs or activities
sentence. receiving other types of
Federal financial assistance
31.5(b), last sentence............... of any program under in
31.5(d).............................. under for
31.6(a)(1), first sentence........... to carry out a program
31.6(a)(1), first sentence........... to carry out such program
31.6(a)(1), first sentence........... except a program except an application
31.6(a)(1), second sentence.......... Every program Every award
31.6(a)(1), sixth sentence........... for each program
31.6(a)(1), sixth sentence........... in this program
31.6(a)(2), second sentence.......... under a program of with
31.6(a)(2), third sentence........... program under statute under
31.6(b), introductory text........... to carry out a program involving for
31.9(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
31.10(e)............................. under the program involved to which this regulation
applies
31.10(e)............................. assistance will assistance to which this
regulation applies will
31.10(e)............................. under such program
31.12(a),............................ first sentence under such program
----------------------------------------------------------------------------------------------------------------
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
6. The heading for part 32 is revised to read as set forth above.
0
7. The authority citation for part 32 continues to read as follows:
Authority: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93-112,
87 Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation Act
Amendments of 1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C. 706);
secs. 119 and 122 of the Rehabilitation Comprehensive Services and
Developmental Disabilities Amendments of 1978, Pub. L. 95-602, 92
Stat. 2955; Executive Order 11914, 41 FR 17871.
0
8. Section 32.2 is amended by revising paragraph (a) to read as
follows:
Sec. 32.2 Application.
(a) This part applies to each recipient of Federal financial
assistance from the Department of Labor, and to every program or
activity that receives such assistance.
* * * * *
0
9. Section 32.3 is amended by adding, in alphabetical order, a
definition of Program or activity to read as follows:
Sec. 32.3 Definitions.
* * * * *
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
0
10. Section 32.4 is amended by revising the heading of paragraph (c) to
read as follows:
Sec. 32.4 Discrimination prohibited.
* * * * *
(c) Aid, benefits, services, or training limited by Federal law. *
* *
* * * * *
0
11. Section 32.5 is amended by revising paragraph (d) to read as
follows:
Sec. 32.5 Assurances required.
* * * * *
[[Page 51368]]
(d) Interagency agreements. Where funds are granted by the
Department to another Federal agency, and where the grant obligates the
recipient agency to comply with the rules and regulations of the
Department applicable to that grant the provisions of this part shall
apply to programs or activities operated with such funds.
0
12. The heading for subpart B is revised to read as follows:
Subpart B--Employment Practices and Employment Related Training
Participation
0
13. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
0
14. Section 32.27 is amended by revising the section heading and the
first sentence of paragraph (a) to read as follows:
Sec. 32.27 Accessibility.
(a) Purpose. A recipient shall operate each program or activity to
which this part applies so that when each part is viewed in its
entirety it is readily accessible to qualified handicapped individuals.
* * *
* * * * *
0
15. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
32.1................................. or benefiting from
32.1, last sentence.................. programs and activities programs or activities
32.3, definition of Facility......... program program or activity
32.3, definition of Qualified program program or activity
handicapped individual, paragraph
(b).
32.3, definition of Qualified programs
handicapped individual, paragraph
(c).
32.3, definition of Qualified in the program in the program or activity
handicapped individual, paragraph
(c).
32.3, definition of Reasonable training program training
accommodation, introductory text,
first sentence.
32.3, definition of Reasonable an employment employment
accommodation, introductory text,
first sentence.
32.3, definition of Reasonable recipient's program recipient's program or
accommodation, introductory text, activity
first sentence.
32.3, definition of Reasonable where the program where the program or activity
accommodation paragraph (a).
32.4(a).............................. or benefits from
32.4(b)(1)(v)........................ program program or activity
32.4(b)(2)........................... services and training services or training
32.4(b)(3)........................... programs or activities aid, benefits, services, or
training
32.4(b)(4)(ii)....................... program program or activity
32.4(b)(5)(i)........................ or benefits from
32.4(b)(6)........................... or benefiting from
32.4(b)(7)(i), first sentence........ under programs of receiving
32.4(b)(7)(i), second sentence....... programs of employment employment
32.4(c).............................. the benefits of a program aid, benefits, program
services, or training
32.4(c).............................. individuals from a program individuals from aid,
benefits, services, or
training
32.4(d).............................. programs and activities programs or activities
32.5(a), first sentence.............. for a program or activity
32.5(a), first sentence.............. program will program or activity will
32.5(b)(3)........................... program program or activity
32.6(a)(3)(i)........................ program program or activity
32.6(a)(3)(ii)....................... program program or activity
32.8(a), second sentence............. programs and activities programs or activities
32.10(a)............................. programs programs or activities
32.12(a)(1), last sentence........... programs under programs or activities
32.12(a)(3), last sentence........... apprenticeship programs apprenticeships
32.12(b)(8).......................... social those that are social
32.12(b)(8).......................... programs
32.13(a)............................. program program or activity
32.13(b), introductory text.......... program program or activity
32.13(b)(1).......................... program program or activity
32.13(b)(2).......................... training program training
32.13(d)............................. program program or activity
32.15(c)(1), second sentence......... training programs training
32.17(a), last sentence.............. programs of programs or activities
receiving
32.27(a), third sentence............. particular program particular aid, benefit,
service, or training
32.27(a), third sentence............. program must aid, benefit, service, or
training must
32.27(a), fourth sentence............ program accessibility Accessibility
32.27(a), fourth sentence............ program accessible program or activity
accessible
32.27(b)(1).......................... including including those involving
32.27(b)(1).......................... when when each part is
32.27(b)(2), second sentence......... programs
32.27(c), last sentence.............. offer programs and activities to serve
32.27(e)(3).......................... program accessibility accessibility under Sec.
32.27(a)
32.44(b), second sentence............ programs programs or activities
32.44(b), last sentence.............. of any program under in
32.46(c)(2), last sentence........... program program or activity
[[Page 51369]]
32.47(c)............................. programs programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: July 24, 2001.
Elaine L. Chao,
Secretary, Department of Labor.
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Chapter I
RIN 2900-AK13
Authority and Issuance
0
For the reasons set forth in the joint preamble, VA amends 38 CFR
chapter I, part 18 as set forth below:
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
Subpart A--General
0
1. The authority citation for subpart A continues to read as follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the
laws referred to in Appendix A.
0
2. Section 18.4 is amended by revising the heading of paragraph (b) and
paragraph (d) to read as follows:
Sec. 18.4 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
* * * * *
(d) Extent of application to institution or facility. In the case
where any assurances are required from an academic, a medical care, or
any other institution or facility, insofar as the assurances relate to
the institution's practices with respect to the admission, care, or
other treatment of persons by the institution or with respect to the
opportunity of persons to participate in the receiving or providing of
services, treatment, or benefits, such assurances shall be applicable
to the entire institution or facility.
0
3. Section 18.13 is amended by revising paragraph (f) to read as
follows:
Sec. 18.13 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
0
4. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
18.2, first sentence................. the federally assisted programs and the types of Federal
activities financial assistance
18.2, second sentence................ under any such program
18.2(b).............................. under any such program
18.2(c).............................. under any such program
18.2, penultimate sentence........... program or activity type of Federal financial
assistance
18.2, penultimate sentence........... such program a program
18.2, last sentence.................. programs types of Federal financial
assistance
18.3(b)(1), introductory text........ under any program
18.4(a)(1), first sentence........... to carry out a program
18.4(a)(1), first sentence........... except a program except an application
18.4(a)(1), second sentence.......... program award
18.4(a)(1), sixth sentence........... for each program,
18.4(a)(1), sixth sentence........... in the program
18.4(b), introductory text, first to carry out a program involving for
sentence.
18.4(b), introductory text, first programs types of Federal financial
sentence. assistance
18.4(b), concluding text............. under a continuing program
18.6(b), second sentence............. of any program under in
18.6(d).............................. program under program for
18.9(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
18.10(f)............................. under the program involved to which this regulation
applies
18.10(f)............................. assistance will assistance to which this
regulation applies will
18.10(f)............................. under such program
18.12(a), first sentence............. under such program
18.13(h)............................. for any program,
[[Page 51370]]
18.13(h)............................. under any such program
----------------------------------------------------------------------------------------------------------------
0
5. The heading for subpart D is revised to read as follows:
Subpart D--Nondiscrimination on the Basis of Handicap
0
6. The authority citation for subpart D is revised to read as follows:
Authority: 29 U.S.C. 706, 794.
0
7. Section 18.403 is amended by adding paragraph (m) to read as
follows:
Sec. 18.403 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity that is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
Sec. 18.404 [Amended]
0
8. In Sec. 18.404, the heading of paragraph (c) is amended by removing
the word ``Programs'' and adding, in its place, the words ``Aid,
benefits, or services''.
0
9. Section 18.405 is amended by revising paragraph (c) to read as
follows:
Sec. 18.405 Assurances required.
* * * * *
(c) Extent of application to institution or facility. An assurance
shall apply to the entire institution or facility.
* * * * *
Sec. 18.421 [Amended]
0
10. The undesignated center heading before Sec. 18.421 is amended by
removing the word ``Program''.
0
11. In Sec. 18.422, the heading and first sentence of paragraph (a)
are revised to read as follows:
Sec. 18.422 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
0
12. The heading of Sec. 18.438 is revised to read as follows:
Sec. 18.438 Adult education.
* * * * *
0
13. The heading of Sec. 18.439 is revised to read as follows:
Sec. 18.439 Private education.
* * * * *
0
14. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
18.402............................... or benefits from
18.403(h)(1)......................... a program of
18.404(a)............................ or benefits from
18.404(b)(1)(v)...................... program program or activity
18.404(b)(3)......................... programs or activities aid, benefits, or services
18.404(b)(4)(ii)..................... program program or activity
18.404(b)(5)(i)...................... or benefits from
18.404(b)(6)......................... or benefiting from
18.404(c)............................ a program aid, benefits, or services
18.405(a)............................ for a program or activity
18.405(a)............................ the program the program or activity
18.406(a)(3)(i)...................... program program or activity
18.406(a)(3)(ii)..................... program program or activity
18.406(a)(3)(iii).................... program program or activity
18.408(a), second sentence........... programs and activities programs or activities
18.411(a)(3), last sentence.......... apprenticeship programs apprenticeships
18.411(b)(8)......................... social those that are social
18.411(b)(8)......................... programs
18.412(a)............................ program program or activity
18.412(c), introductory text......... program program or activity
18.412(c)(1)......................... program program or activity
18.422(b), last sentence............. offer programs and activities to serve
18.422(c), last sentence............. programs programs or activities
18.422(e)(3)......................... program accessibility accessibility under paragraph
(a) of this section
18.431............................... programs and activities programs or activities
18.431............................... or benefit from
18.433(b)(2)......................... individualized education program Individualized Education
Program
[[Page 51371]]
18.433(b)(3), first sentence......... in
18.433(b)(3), first sentence......... to a program for aid, benefits, or
services
18.433(b)(3), first sentence......... the one those
18.433(b)(3), first sentence......... operates operates or provides
18.433(c)(1), second sentence........ in
18.433(c)(1), second sentence........ to a program for aid, benefits, or
services
18.433(c)(1), second sentence........ operated operated or provided
18.433(c)(1), second sentence........ the program the aid, benefits, or
services
18.433(c)(2)......................... in
18.433(c)(2)......................... to a program for aid, benefits, or
services
18.433(c)(2)......................... operated operated or provided
18.433(c)(2)......................... the program the aid, benefits, or
services
18.433(c)(4), last sentence.......... such a program a free appropriate public
education
18.435(a)............................ education program education program or activity
18.435(a)............................ in a regular or special program in regular or program special
education
18.435(b), introductory text......... programs and activities programs or activities
18.435(b), introductory text......... or benefit from
18.437(a)(1)......................... or benefit from
18.437(b)............................ or benefit from
18.437(c)(1), first sentence......... programs and activities aid, benefits, or services
18.437(c)(1), first sentence......... or benefits from
18.437(c)(1), last sentence.......... in these activities
18.438, first sentence............... operates an provides
18.438, first sentence............... program or activity
18.438, first sentence............... from the program or activity
18.438, last sentence................ under the program or activity
18.439(a)............................ operates a provides
18.439(a)............................ education program education
18.439(a)............................ from that program
18.439(a)............................ the recipient's program that recipient's program or
activity
18.439(c)............................ operates provides
18.439(c)............................ programs shall operate those programs shall do so
18.441............................... programs and activities programs or activities
18.441............................... or benefit from
18.443(a)............................ program or activity aid, benefits, or services
18.443(d)............................ programs and activities program or activity
18.444(a), last sentence............. program of
18.444(c)............................ in its program
18.444(d)(1)......................... under the education program or activity
operated by the recipient
18.447(a)(1), first sentence......... programs and activities aid, benefits, or services
18.451............................... programs and activities programs or activities
18.451............................... or benefit from
18.454, first sentence............... program or activity program or activity that
provides aid, benefits, or
services
----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age
0
15. The authority citation for subpart E continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101, et seq.; 45 CFR part 90 (1979).
0
16. Section 18.503 is amended by redesignating paragraphs (j) through
(l) as paragraphs (k) through (m), and adding a new paragraph (j) to
read as follows:
Sec. 18.503 Definitions.
* * * * *
(j) Program or activity means all of the operations of any entity
described in paragraphs (j)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity that is established by two or more of the
entities described in paragraph (j)(1), (2), or (3) of this section.
Appendix B to Subpart E to Part 18 [Amended]
0
17. The heading for appendix B to subpart E to part 18 is amended by
removing the word ``Programs''.
[[Page 51372]]
0
18. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
18.501, last sentence................ programs and activities programs or activities
18.531............................... programs and activities programs or activities
18.532............................... programs and activities programs or activities
18.544(a)(2), last sentence.......... program .............................
18.546(b), first sentence............ program and activity program or activity
18.546(c)(2), first sentence......... Federal .............................
18.549(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: May 4, 2001.
Anthony Principi,
Secretary, Department of Veterans Affairs.
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
RIN 2020-AA43
Authority and Issuance
0
For the reasons set forth in the joint preamble, EPA amends 40 CFR
chapter I, part 7 as set forth below:
PART 7--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING
FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY
0
1. The heading for part 7 is revised to read as set forth above.
0
2. The authority citation for part 7 is revised to read as follows:
Authority: 42 U.S.C. 2000d to 2000d-7; 29 U.S.C. 794; 33 U.S.C.
1251 nt.
0
3. Section 7.25 is amended by adding the new definition of ``Program or
activity'' in alphabetical order to read as follows:
Sec. 7.25 Definitions.
* * * * *
Program or activity and program mean all of the operations of any
entity described in paragraphs (1) through (4) of this definition, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
Sec. 7.55 [Amended]
0
4. The heading for Sec. 7.55 is amended by removing the word
``programs'' and adding, in its place, the words, ``aid, benefits, or
services''.
0
5. In Sec. 7.65, the first sentence of paragraph (a) introductory text
and the heading for paragraph (b) are revised to read as follows:
Sec. 7.65 Accessibility.
(a) General. A recipient shall operate each program or activity
receiving EPA assistance so that when each part is viewed in its
entirety it is readily accessible to and usable by handicapped persons.
* * *
* * * * *
(b) Methods of ensuring compliance in existing facilities. * * *
* * * * *
Appendix A to Part 7 [Amended]
0
6. The heading for appendix A to part 7 is amended by removing the word
``Programs'' and inserting the words ``Types of'' immediately before
the word ``EPA''.
0
7. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
7.20(a).............................. compliance programs means of ensuring compliance
7.25, undesignated definition of program .............................
Project Officer.
7.35(a)(1)........................... program program or activity
7.35(a)(2)........................... program program or activity
7.35(a)(3)........................... program program or activity
7.35(a)(4)........................... program program or activity
7.35(a)(5)........................... program program or activity
7.35(a)(6)........................... any program any program or activity
7.35(a)(6)........................... the EPA assistance program EPA assistance
7.35(b).............................. program program or activity
7.35(c).............................. program program or activity
7.50(a)(1)........................... program program or activity
7.50(a)(3)........................... program program or activity
7.50(a)(5)........................... program program or activity
7.50(b).............................. or benefits from .............................
[[Page 51373]]
7.50(e).............................. programs aid, benefits, or services
7.55................................. program program or activity
7.55................................. programs programs or activities
7.60(a).............................. or benefits from .............................
7.60(c)(8)........................... social those that are social
7.60(c)(8)........................... programs
7.60(d).............................. apprenticeship programs apprenticeships
7.60(e).............................. program program or activity
7.65(b).............................. offer program benefits to serve
7.65(c)(2) first sentence,........... make a program or activity accessible comply with paragraph (a) of
this section
7.65(d).............................. assisted program .............................
7.65(e), last sentence............... program statute
7.75, introductory text.............. program program or activity
7.75(a)(3)........................... program accessibility accessibility under Sec.
7.65(a)
7.85(b), first sentence.............. programs programs or activities
7.95(a), first sentence.............. programs programs or activities
7.130(b)(4).......................... program program or activity
----------------------------------------------------------------------------------------------------------------
Dated: April 30, 2001.
Christine Todd Whitman,
Administrator, Environmental Protection Agency.
GENERAL SERVICES ADMINISTRATION
41 CFR Chapter 101
RIN 3090-AH33
Authority and Issuance
0
For the reasons set forth in the joint preamble, GSA amends 41 CFR
chapter 101, parts 101-6 and 101-8 as set forth below:
PART 101-6--MISCELLANEOUS REGULATIONS
Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal
Financial Assistance
0
1. The authority citation for subpart 101-6.2 continues to read as
follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
0
2. Section 101-6.204-3 is amended by revising the heading to read as
follows:
Sec. 101-6.204-3 Special benefits.
* * * * *
0
3. Section 101-6.205-2 is amended by revising the heading to read as
follows:
Sec. 101-6.205-2 Continuing Federal financial assistance.
* * * * *
0
4. Section 101-6.205-4 is amended by revising paragraph (b) to read as
follows:
Sec. 101-6.205-4 Applicability of assurances.
* * * * *
(b) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of individuals as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such individuals, shall be applicable to
the entire institution.
* * * * *
0
5. Section 101-6.216 is amended by revising paragraph (f) to read as
follows:
Sec. 101-6.216 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of nay other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
0
6. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
101-6.201............................ 52 42
101-6.201............................ 2000d-2000d-4 2000d-2000d-7
101-6.203(a), last sentence.......... programs involving
101-6.203(b)......................... the programs involving
101-6.203(c)......................... programs types of Federal financial
assistance
101-6.204-2 (a)(4), first sentence... the program a program
101-6.204-3.......................... the benefits of a program benefits
101-6.205-1(a), first sentence....... to carry out a program
[[Page 51374]]
101-6.205-1(a), first sentence....... except a program except an application
101-6.205-1(a), fifth sentence....... for each program
101-6.205-1(a), fifth sentence....... in the program
101-6.205-1(b), second sentence...... under a program of with
101-6.205-1(b), third sentence....... program statute
101-6.205-1(d)....................... programs Federal financial assistance
101-6.205-2.......................... to carry out a program involving for
101-6.205-4(c)....................... under a program
101-6.206(b), second sentence........ except as provided in paragraph (b) of
Sec. 101-6.205-4
101-6.206(d)......................... subject to the provisions of Sec. 101-
6.205-4(b)
101-6.209-2, last sentence........... of any program under in
101-6.209-4.......................... program under program for
101-6.212-5, first sentence.......... programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
101-6.213-6.......................... under the program involved to which this regulation
applies
101-6.213-6.......................... assistance will assistance to which this
regulation applies will
101-6.213-6.......................... under such program
101-6.215-1, introductory text, first under such program
sentence.
101-6.216(h)......................... for any program,
101-6.216(h)......................... under any such program
101-6.216(i)......................... for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------
PART 101-8--NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL
FINANCIAL ASSISTANCE
0
7. The heading for part 101-8 is revised to read as set forth above.
Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap
0
8. Section 101-8.301 is amended by adding a new paragraph (f) to read
as follows:
Sec. 101-8.301 Definitions.
* * * * *
(f) The term program or activity means all of the operations of any
entity described in paragraphs (f)(1) through (4) of this section, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
0
9. Section 101-8.309 is amended by revising the section heading and the
heading and first sentence of paragraph (b) to read as follows:
Sec. 101-8.309 Accessibility.
* * * * *
(b) Accessibility. A recipient shall operate any program or
activity to which this subpart applies so that when each part is viewed
in its entirety it is readily accessible to and usable by handicapped
persons. * * *
* * * * *
0
10. Section 101-8.311 is amended by revising the section heading and
the heading and the first sentence of the introductory text of
paragraph (b)(1) to read as follows:
Sec. 101-8.311 Historic Preservation Programs.
* * * * *
(b) * * * (1) Accessibility. A recipient shall operate any program
or activity involving Historic Preservation Programs so that when each
part is viewed in its entirety it is readily accessible to and usable
by handicapped persons. * * *
* * * * *
0
11. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
101-8.300(b)......................... or benefits from
101-8.302............................ or benefits from
101-8.303(a)(5)...................... program program or activity
101-8.303(c)......................... programs or activities aid, benefits, or services
101-8.303(d)(2)...................... program program or activity
101-8.303(f)......................... or benefitting from
101-8.303(g)......................... the benefits of a program aid, benefits, or services
101-8.303(g)......................... from a program from aid, benefits, or
services
[[Page 51375]]
101-8.303(h), first sentence......... programs and activities programs or activities
101-8.305(c), last sentence.......... apprenticeship programs apprenticeships
101-8.305(d)(8)...................... social those that are social
101-8.305(d)(8)...................... programs
101-8.306(a)......................... program program or activity
101-8.306(c), introductory text...... program program or activity
101-8.306(c)(1)...................... program program or activity
101-8.309(a)......................... or benefits from
101-8.309(c), last sentence.......... offer programs and activities to serve
101-8.309(f)(3)...................... program accessibility accessibility under paragraph
(a) of this section
101-8.311(a), introductory text...... the term
101-8.311(a)(1)...................... preservation programs Preservation Programs
101-8.311(a)(1)...................... means programs receiving are those that receive
101-8.311(b)(1), introductory text, program
last sentence.
101-8.311(b)(1)(iv).................. program accessibility accessibility
101-8.311(b)(1), concluding paragraph historic preservation program Historic Preservation Program
101-8.311(b)(1), concluding paragraph program accessibility accessibility
101-8.311(b)(2), introductory text... program
101-8.311(b)(2)(iii)................. program program or activity
----------------------------------------------------------------------------------------------------------------
Subpart 101-8.7--Discrimination Prohibited on the Basis of Age
0
12. The authority citation for subpart 101-8.7 continues to read as
follows:
Authority: 42 U.S.C. 6101 et seq.
0
13. Section 1101-8.703 is amended by redesignating paragraph (k) as
paragraph (l) and by adding a new paragraph (k) to read as follows:
Sec. 101-8.703 Definitions of terms.
* * * * *
(k) Program or activity means all of the operations of any entity
described in paragraphs (k)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a state or of a local government;
(ii) The entity of such state and local government that distributes
such assistance and each such department or agency (and each other
state or local government entity) to which the assistance is extended,
in the case of assistance to a state or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (k)(1), (2), or (3) of this section.
* * * * *
0
14. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
101-8.701, last sentence............. Federal financial assistance Federally assisted
101-8.701, last sentence............. programs and activities programs or activities
101-8.702(a)......................... that benefits from GSA Federal financial
assistance
101-8.703(g)(2)...................... program policy
101-8.703(j)......................... for the purpose of carrying out a program
101-703(l)........................... for any program
101-8.703(l)......................... under any such program
101-8.709............................ program program or activity
101-8.710, first sentence............ program program or activity
101-8.710, second sentence........... programs
101-8.710, second sentence........... provide provides
101-8.710, last sentence............. ``Child Care Center'' program Child Care Center Program
101-8.710, last sentence............. two programs two types of Federal
financial assistance
101-8.711, first sentence............ programs and activities programs or activities
101-8.712(b)......................... program
101-8.718(a), third sentence......... program
101-8.720(b), first sentence......... program and activity program or activity
101-8.720(c)(2), first sentence...... Federal
101-8.721(e), first sentence......... programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
101-8.725(b)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 51376]]
Dated: February 26, 2003.
Stephen A. Perry,
Administrator, General Services Administration.
DEPARTMENT OF THE INTERIOR
43 CFR Subtitle A
RIN 1090-AA77
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOI amends 43 CFR
subtitle A, part 17 as set forth below:
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE
DEPARTMENT OF THE INTERIOR
Subpart A--Nondiscrimination on the Basis of Race, Color, or
National Origin
0
1. The authority citation for subpart A continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; and the
laws referred to in Appendix A.
0
2. Section 17.3 is amended by revising the heading of paragraph (d) to
read as follows:
Sec. 17.3 Discrimination prohibited.
* * * * *
(d) Benefits for Indians, natives of certain territories, and
Alaska natives. * * *
0
3. Section 17.4 is amended by revising the heading of paragraph (b) and
paragraph (d)(2) to read as follows:
Sec. 17.4 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
* * * * *
(d) * * *
(2) The assurance required with respect to an institution of higher
education, or any other institution, insofar as the assurance relates
to the institution's practices with respect to admission or other
treatment of individuals as students, or clients of the institution or
to the opportunity to participate in the provision of services or other
benefits to such individuals, shall be applicable to the entire
institution.
0
4. Section 17.12 is amended by revising paragraph (f) to read as
follows:
Sec. 17.12 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
Appendix B to Subpart A [Amended]
0
5. The introductory text for appendix B to subpart A is amended by
removing the word ``programs'' and adding, in its place, the words
``Federal financial assistance.''
0
6. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
17.2(a), second sentence............. under any such program
17.2(a)(2)........................... under any such program
17.2(a)(3)........................... under any such program
17.3(b)(1), introductory text........ under any program
17.3(c)(1), first sentence........... a program of the
17.3(c)(1), first sentence........... assistance assistance to a program
17.3(d), first sentence.............. the benefits of a program benefits
17.3(d), first sentence.............. is limited are limited
17.3(d), first sentence.............. the program is addressed the benefits are addressed
17.3(d), last sentence............... programs benefits
17.4(a)(1), first sentence........... to carry out a program
17.4(a)(1), first sentence........... except a program except an application
17.4(a)(1), second sentence.......... program of award of
17.4(a)(1), sixth sentence........... for each program,
17.4(a)(1), sixth sentence........... in the program
17.4(a)(2), second sentence.......... under a program of with
17.4(a)(2), third sentence........... program statute
17.4(b)(1), introductory text........ to carry out a program involving for
17.4(d)(1)........................... a student assistance program student assistance
17.5(b), last sentence............... of any program under in
17.5(d).............................. program under which program for which
17.8(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
17.9(g).............................. under the program involved to which this regulation
applies
17.9(g).............................. assistance will assistance to which this
regulation applies will
[[Page 51377]]
17.9(g).............................. under such program
17.11(a), first sentence............. under such program
17.12(h)............................. for any program,
17.12(h)............................. under such program
17.12(i)............................. for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------
Subpart B--Nondiscrimination on the Basis of Handicap
0
7. The authority citation for subpart B continues to read as follows:
Authority: 29 U.S.C. 794.
0
8. Section 17.202 is amended by adding a new paragraph (q) to read as
follows:
Sec. 17.202 Definitions.
* * * * *
(q) Program or activity means all of the operations of any entity
described in paragraphs (q)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (q)(1), (2), or (3) of this section.
0
9. Section 17.203 is amended by revising the heading of paragraph (c)
to read as follows:
Sec. 17.203 Discrimination prohibited.
* * * * *
(c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
0
10. The heading for Sec. 17.216 is revised to read as follows:
Sec. 17.216 Accessibility.
* * * * *
0
11. Section 17.217 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 17.217 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity so that when each part is viewed in its entirety it is readily
accessible to and usable by handicapped persons. * * *
* * * * *
0
12. Section 17.260 is amended by revising the section heading, the
introductory text of paragraph (a), and the first sentence of paragraph
(b)(1) introductory text to read as follows:
Sec. 17.260 Historic Preservation Programs.
(a) Definitions. For the purposes of this section, Historic
Preservation Programs are those that receive Federal financial
assistance that has preservation of historic properties as a primary
purpose.
* * * * *
(b) * * *
(1) A recipient shall operate any program or activity involving
Historic Preservation Programs so that when each part is viewed in its
entirety it is readily accessible to and usable by handicapped persons.
* * *
* * * * *
0
13. The section heading and the introductory text of Sec. 17.270 are
revised to read as follows:
Sec. 17.270 Recreation.
This section applies to recipients that operate, or that receive
Federal financial assistance for the operation of programs or
activities involving recreation.
* * * * *
0
14. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
17.201............................... or benefits from .............................
17.202(i)............................ recreation and program spaces spaces, including those used
for recreation,
17.202(m)............................ programs the recipient
17.202(m)............................ should be available should make its aid,
benefits, or services
available
17.202(n)............................ programs programs or activities
17.203(a)............................ or benefits from .............................
17.203(b)(1)(v)...................... program program or activity
17.203(b)(3)......................... programs or activities aid, benefits, or services
17.203(b)(4)(ii)..................... program program or activity
17.203(b)(5)(i)...................... or benefits from .............................
17.203(b)(6)......................... or benefiting from .............................
17.203(c)............................ the benefits of a program aid, benefits, or services
17.203(c)............................ from a program from aid, benefits, or
services
17.204(a), first sentence............ for a program or activity .............................
17.204(a), first sentence............ the program the program or activity
17.204(c)(4), first sentence......... to carry out a program involving for
17.204(c)(4)(i)...................... program program or activity
[[Page 51378]]
17.204(c)(4)(ii)..................... the program the program or activity
17.204(c)(4)(ii)..................... under such program .............................
17.205(a)(3)(i)...................... program program or activity
17.205(a)(3)(ii)..................... program program or activity
17.207(a), second sentence........... programs and activities programs or activities
17.210(a)(2)......................... programs programs or activities
17.210(a)(4), last sentence.......... apprenticeship programs apprenticeships
17.210(b)(8)......................... social those that are social
17.210(b)(8)......................... programs .............................
17.211(a)............................ program program or activity
17.211(c), introductory text......... program program or activity
17.211(c)(1)......................... program program or activity
17.217(b), last sentence............. offer programs and activities to serve
17.217(e)(3)......................... program accessibility accessibility under paragraph
(a) of this section
17.220, first sentence............... programs and activities programs or activities
17.220, first sentence............... or benefit from .............................
17.232, first sentence............... programs and activities programs or activities
17.232, first sentence............... or benefit from .............................
17.250, introductory text............ programs and activities programs or activities
17.250, introductory text............ or benefit from .............................
17.252, first sentence............... activity for activity that provides aid,
benefits, or services for
17.260(b)(1), introductory text, last program .............................
sentence.
17.260(b)(1)(iv)..................... program
17.260(b)(1), concluding text........ historic preservation program Historic Preservation Program
17.260(b)(1), concluding text........ program accessibility accessibility
17.260(b)(2), introductory text, program .............................
first sentence.
17.260(b)(2), introductory text, last program .............................
sentence.
17.260(b)(2)(iii).................... program program or activity
17.270(a)(1)......................... programs aid, benefits, or services
17.270(a)(2)......................... programs or activities aid, benefits, or services
17.270(a)(5)......................... program or activity aid, benefits, or services
----------------------------------------------------------------------------------------------------------------
Subpart C--Nondiscrimination on the Basis of Age
0
15. The authority citation for subpart C continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101 et seq.; 45 CFR part 90.
0
16. The heading of Sec. 17.302 is revised to read as follows:
Sec. 17.302 To what programs or activities do these regulations
apply?
* * * * *
0
17. Section 17.303 is amended by redesignating paragraphs (j) through
(m) as paragraphs (k) through (n) and adding a new paragraph (j) to
read as follows:
Sec. 17.303 Definitions.
* * * * *
(j) Program or activity means all of the operations of any entity
described in paragraphs (j)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (j)(1), (2), or (3) of this section.
* * * * *
0
18. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
17.300, first sentence............... programs and activities programs or activities
17.300, last sentence................ programs and activities programs or activities
17.301, last sentence................ programs and activities programs or activities
17.302(a)............................ or benefits from .............................
17.313............................... program program or activity
17.314............................... program program or activity
17.320, first sentence............... programs and activities programs or activities
[[Page 51379]]
17.321(b)............................ program .............................
17.333(a)(2), last sentence.......... program .............................
17.335(c)(2), first sentence......... Federal .............................
17.338(b)(2)......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: October 11, 2002.
P. Lynn Scarlett,
Assistant Secretary--Policy, Management, and Budget, Department of the
Interior.
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Chapter I
RIN 1660-AA12
Authority and Issuance
0
For the reasons set forth in the joint preamble, FEMA amends 44 CFR
chapter I, part 7 as set forth below:
PART 7--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG.
5)
0
1. The heading for subpart A is revised to read as follows:
Subpart A--Nondiscrimination in FEMA-Assisted Programs--General
0
2. The authority citation for subpart A continues to read as follows:
Authority: FEMA Reg. 5 issued under sec. 602, 78 Stat. 252; 42
U.S.C. 2000d-1; 42 U.S.C. 1855-1885g; 50 U.S.C. 404.
0
3. Section 7.2 is amended by revising paragraph (d) to read as follows:
Sec. 7.2 Definitions.
* * * * *
(d) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (d)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (d)(1), (2), or (3) of this section.
* * * * *
0
4. Section 7.3 is revised to read as follows:
Sec. 7.3 Application of this regulation.
No person in the United States shall, on the ground of race, color,
or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program to which this regulation applies.
0
5. Section 7.9 is amended by revising paragraph (b) to read as follows:
Sec. 7.9 Assurances from institutions.
* * * * *
(b) The assurances required with respect to an institution of
higher education, hospital, or any other institution, insofar as the
assurance relates to the institution's practices with respect to
admission or other treatment of individuals as students, patients, or
clients of the institutions or to the opportunity to participate in the
provision of services or other benefits to such individuals, shall be
applicable to the entire institution.
6. In the table below, for each section indicated in the left
column, remove the text shown in the middle column and add the text
shown in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
7.2(f)............................... for any program,
7.2(f)............................... under any such program
7.2(g)............................... for the purpose of carrying out a program
7.4, second sentence................. under any such program
7.4(b)............................... under any such program
7.4(c)............................... under any such program
7.5(a), introductory text............ under any program
7.7, first sentence.................. to carry out a program
7.7, fifth sentence.................. for each program,
7.7, fifth sentence.................. in the program
7.10(b), last sentence............... of any program under in
7.10(d).............................. program under which program for which
7.13(e), first sentence.............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
7.14(f).............................. under the program involved to which this regulation
applies
7.14(f).............................. assistance will assistance to which this
regulation applies will
7.14(f).............................. under such program
7.16(a), first sentence............. under such program
----------------------------------------------------------------------------------------------------------------
[[Page 51380]]
0
7. The heading for subpart E is revised to read as follows:
Subpart E--Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance From FEMA
0
8. The authority citation for subpart E is revised to read as follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 et seq.); 45 CFR part 90.
0
9. The heading for Sec. 7.912 is revised to read as follows:
Sec. 7.912 To what programs or activities does this regulation apply?
* * * * *
0
10. Section 7.913 is amended by adding, in alphabetical order, a
definition of ``Program or activity'' to read as follows:
Sec. 7.913 Definition of terms used in this regulation.
* * * * *
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
0
11. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
7.910................................ programs and activities programs or activities
7.911, last sentence................. programs, activities programs or activities
7.912(a)............................. or benefits from .............................
7.925................................ program program or activity
7.926................................ program program or activity
7.930, first sentence................ programs and activities programs or activities
7.931(b)............................. program .............................
7.943(a)(2), last sentence........... program .............................
7.945(b), first sentence............. program and activity program or activity
7.945(c)(2), first sentence.......... Federal .............................
7.948(b)(2).......................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: May 8, 2003.
Michael D. Brown,
Under Secretary, Emergency Preparedness and Response.
NATIONAL SCIENCE FOUNDATION
45 CFR Chapter VI
RIN 3145-AA38
Authority and Issuance
0
For the reasons set forth in the joint preamble, NSF amends 45 CFR
chapter VI, parts 605, 611, and 617 as set forth below:
PART 605--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
1. The heading for part 605 is revised to read as set forth above.
0
2. The authority citation for part 605 continues to read as follows:
Authority: 29 U.S.C. 794.
0
3. Section 605.3 is amended by adding a new paragraph (m) to read as
follows:
Sec. 605.3 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
[[Page 51381]]
Sec. 605.4 [Amended]
0
4. In Sec. 605.4, the heading of paragraph (c) is amended by removing
the word ``Programs'' and adding, in its place, the words ``Aid,
benefits, or services''.
Subpart C to Part 605--[Amended]
0
5. The heading for subpart C is amended by removing the word
``Program''.
0
6. In Sec. 605.22, the heading and first sentence of paragraph (a) are
revised to read as follows:
Sec. 605.22 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to qualified handicapped persons.
* * *
* * * * *
Sec. 605.38 [Amended]
0
7. The heading for Sec. 605.38 is amended by removing the word
``programs''.
Sec. 605.39 [Amended]
0
8. The heading for Sec. 605.39 is amended by removing the word
``programs''.
0
9. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
605.0, first sentence................ programs and activities programs or activities
605.2................................ or benefits from
605.3(k)(5), second sentence......... programs aid, benefits, or services
605.3(k)(5), third sentence.......... program
605.4(a)............................. or benefits from
605.4(b)(1)(v)....................... recipients program recipient's program or
activity
605.4(b)(3).......................... programs or activities aid, benefits, or services
605.4(b)(4)(ii)...................... program program or activity
605.4(b)(5)(i)....................... or benefits from
605.4(b)(6).......................... or benefiting from
605.4(c)............................. the benefits of a program aid, benefits, or services
605.4(c)............................. from a program from aid, benefits or
services
605.5(a)............................. under a program or activity
605.5(a)............................. programs programs or activities
605.6(a)(3)(i)....................... program program or activity
605.6(a)(3)(ii)...................... program program or activity
605.8(a), second sentence............ programs and activities programs or activities
605.11(a)(2)......................... programs programs or activities
605.11(a)(4), last sentence.......... apprenticeship programs apprenticeships
605.11(b)(8)......................... social those that are social
605.11(b)(8)......................... programs
605.12(a)............................ program program or activity
605.12(c), introductory text......... program program or activity
605.12(c)(1)......................... program program or activity
605.22(b), last sentence............. offer programs and activities to serve
605.22(e)(3)......................... program accessibility accessibility under paragraph
(a) of this section
605.31............................... programs and activities programs or activities
605.31............................... or benefit from
605.33(b)(2)......................... individualized education program Individualized Education
Program
605.33(b)(3), first sentence......... in
605.33(b)(3), first sentence......... to a program for aid, benefits, or
services
605.33(b)(3), first sentence......... the one those
605.33(b)(3), first sentence......... operates operates or provides
605.33(c)(1), second sentence........ in
605.33(c)(1), second sentence........ to a program for aid, benefits, or
services
605.33(c)(1), second sentence........ operated operated or provided
605.33(c)(1), second sentence........ program aid, benefits, or services
605.33(c)(2)......................... person in person
605.33(c)(2)......................... to a program for aid, benefits, or
services
605.33(c)(2)......................... operated operated or provided
605.33(c)(2)......................... the program the aid, benefits, or
services
605.33(c)(3)......................... placement in
605.33(c)(3)......................... program placement
605.33(c)(4), last sentence.......... such a program a free appropriate public
education
605.35(a)............................ program program or activity
605.35(a)............................ a regular or special education program regular or special education
605.37(c)(1), first sentence......... programs and activities aid, benefits, or services
605.37(c)(1), last sentence.......... in these activities
605.38............................... operates a provides
605.38............................... day care program or activity day care
605.38............................... an adult education program or activity adult education
605.38............................... from the program or activity
605.38............................... under the program or activity
605.39(a)............................ operates a provides
605.39(a)............................ education program education
605.39(a)............................ from such program
605.39(a)............................ the recipient's program that recipient's program or
activity
605.39(c), first sentence............ operates provides
605.39(c), first sentence............ programs shall operate such programs shall do so
[[Page 51382]]
605.41............................... programs and activities programs or activities
605.41............................... or benefit from
605.43(a)............................ program or activity aid, benefits, or services
605.43(d)............................ programs and activities program or activity
605.44(a), second sentence........... program of
605.44(c)............................ in its program
605.47(a)(1), first sentence......... programs and activities aid, benefits, or services
605.51............................... programs and activities programs or activities
605.51............................... or benefit from
605.54, first sentence............... activity for activity that provides aid,
benefits, or services for
----------------------------------------------------------------------------------------------------------------
PART 611--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
NATIONAL SCIENCE FOUNDATION--EFFECTUATION OF TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
0
10. The authority citation for part 611 continues to read as follows:
Authority: Sec. 11(a), National Science Foundation Act of 1950,
as amended, 42 U.S.C. 1870(a); 42 U.S.C. 2000d-1.
0
11. Section 611.4 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 611.4 Assurances required.
* * * * *
(c) * * *
(2) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of individuals as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such individuals, shall be applicable to
the entire institution.
0
12. Section 611.5 is amended by revising the example 2. to read as
follows:
Sec. 611.5 Illustrative applications.
* * * * *
2. In a research, training, or other grant to a university for
activities to be conducted in a graduate school, discrimination in
the admission and treatment of students in the graduate school is
prohibited, and the prohibition extends to the entire university.
* * * * *
0
13. Section 611.13 is amended by revising paragraph (f) to read as
follows:
Sec. 611.13 Definitions.
* * * * *
(f) The terms program or activity and program mean all of the
operations of any entity described in paragraphs (f)(1) through (4) of
this section, any part of which is extended Federal financial
assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
0
14. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
611.2, first sentence................ Federally-assisted programs and activities types of Federal financial
assistance
611.2, second sentence............... under any such program
611.2(b)............................. under any such program
611.2(c)............................. under any such program
611.2, penultimate sentence.......... program or activity type of Federal financial
assistance
611.2, penultimate sentence.......... such program a program
611.2, last sentence................. programs types of Federal financial
assistance
611.3(b)(1), introductory text....... under any program
611.3(c)(2).......................... Programs Types of Federal financial
assistance
611.4(a)(1), first sentence.......... to carry out a program
611.4(a)(1), fourth sentence......... for each program
611.4(a)(1), fourth sentence......... in the program
611.4(a)(2), second sentence......... under a program of with
611.4(a)(2), third sentence.......... program statute
611.5, introductory text, first programs of programs aided by
sentence.
611.5, example 1., first sentence.... In programs for For
611.5, example 4., first sentence.... grant programs grants
611.6(b), last sentence.............. of any program under in
611.6(d)............................. program under program for
[[Page 51383]]
611.9(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
611.10(f)............................ under the program involved to which this regulation
applies
611.10(f)............................ assistance will assistance to which this
regulation applies will
611.10(f)............................ under such program
611.12(a), first sentence............ under such program
611.13(h)............................ for any program,
611.13(h)............................ under any such program
611.13(i)............................ for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------
PART 617--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF
0
15. The authority citation for part 617 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.
6101, et seq.; 45 CFR part 90.
Sec. 617.2 [Amended]
0
16. In Sec. 617.2, the list is amended by adding, in alphabetical
order, the term ``Program or activity.''
0
17. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
617.1, last sentence................. programs and activities programs or activities
617.8, first sentence................ program or activities program or activity
617.11(a)(2), last sentence.......... program
617.12(a), first sentence............ under for
617.12(c), first sentence............ program program or activity
617.12(e), first sentence............ Federal
617.12(f)(2)(ii)..................... program or activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
Dated: April 26, 2001.
Lawrence Rudolph,
General Counsel, National Science Foundation.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
45 CFR Chapter XI
RIN 3135-AA17, RIN 3136-AA24, RIN 3137-AA11
Authority and Issuance
0
For the reasons set forth in the joint preamble, NFAH, composed of the
National Endowment for the Arts, the National Endowment for the
Humanities, and the Institute of Museum and Library Services, amends 45
CFR chapter XI, part 1110, as set forth below:
PART 1110--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
0
1. The authority citation for part 1110 is revised to read as follows:
Authority: 42 U.S.C. 2000d-2000d-7.
0
2. Section 1110.4 is amended by revising the heading of paragraph (b)
and paragraph (d)(2) to read as follows:
Sec. 1110.4 Assurances required.
* * * * *
(b) Continuing Federal financial assistance * * *
* * * * *
(d) * * *
(2) The assurance required with respect to an institution of higher
education or any other institution, insofar as the assurance relates to
the institution's practices with respect to admission or other
treatment of individuals as students, or clients of the institution or
to the opportunity to participate in the provision of services or other
benefits to such individuals, shall be applicable to the entire
institution.
0
3. Section 1110.5 is amended by revising paragraph (a) to read as
follows:
Sec. 1110.5 Illustrative applications.
* * * * *
(a) In a research, training, or other grant to a university for
activities to be conducted in a graduate school, discrimination in the
admission and treatment of students in the graduate school is
prohibited, and the prohibition extends to the entire university.
* * * * *
0
4. Section 1110.13 is amended by revising paragraph (g) to read as
follows:
Sec. 1110.13 Definitions.
* * * * *
(g) Program or activity and program mean all of the operations of
any entity described in paragraphs (g)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
[[Page 51384]]
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
0
5. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1110.2, first sentence............... federally assisted programs and activities types of Federal financial
assistance
1110.2, second sentence.............. under any such program
1110.2, fifth sentence............... program or activity type of Federal financial
assistance
1110.2, fifth sentence............... that such program that a program
1110.2, last sentence................ programs types of Federal financial
assistance
1110.4(a)(1), first sentence......... to carry out a program
1110.4(a)(1), third sentence......... for each program
1110.4(a)(1), third sentence......... in the program
1110.4(a)(2), first sentence......... through a program of with
1110.4(a)(2), second sentence........ under a program of with
1110.4(a)(2), third sentence......... program statute
1110.4(b)............................ to carry out a program involving for
1110.6(b), last sentence............. of any program under in
1110.6(d)............................ program under which program for which
1110.9(e), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1110.10(f)........................... under the program involved to which this regulation
applies
1110.10(f)........................... assistance will assistance to which this
regulation applies will
1110.10(f)........................... under such program
1110.13(i)........................... for any program,
1110.13(i)........................... under any such program
1110.13(j)........................... for the purposes of carrying out a program
----------------------------------------------------------------------------------------------------------------
Dated: January 16, 2003.
Karen Elias,
Deputy General Counsel, National Endowment for the Arts, National
Foundation on the Arts and the Humanities.
Dated: January 17, 2003.
Daniel Schneider,
General Counsel, National Endowment for the Humanities, National
Foundation on the Arts and the Humanities.
Dated: January 16, 2003.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services, National
Foundation on the Arts and the Humanities.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Chapter XI
RIN 3135-AA17
Authority and Issuance
0
For the reasons set forth in the joint preamble, NEA amends 45 CFR
chapter XI, parts 1151 and 1156, as set forth below:
PART 1151--NONDISCRIMINATION ON THE BASIS OF HANDICAP
0
1. The authority citation for part 1151 continues to read as follows:
Authority: 29 U.S.C. 794.
0
2. Section 1151.3 is amended by adding a new paragraph (h) to read as
follows:
Sec. 1151.3 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
Sec. 1151.21 [Amended]
0
3. The undesignated center heading immediately preceding Sec. 1151.21
is amended by removing the word ``Program''.
0
4. Section 1151.22 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 1151.22 Existing facilities.
(a) A recipient shall operate each program or activity to which
this part applies so that when each part is viewed in its entirety it
is readily accessible to and usable by handicapped persons. * * *
* * * * *
0
5. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
[[Page 51385]]
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1151.2............................... or benefits from
1151.4(a), second sentence........... programs and activities programs or activities
1151.16(a)........................... or benefits from
1151.16(b)........................... the benefits of a program aid, benefits, or services
1151.16(c)........................... program program or activity
1151.16(c)........................... or benefiting from
1151.16(e)........................... programs and activities programs or activities
1151.17(a), introductory text........ benefit, service, or program benefit, or service
1151.17(a)(1)........................ program,
1151.17(a)(5)........................ program program or activity
1151.17(b)........................... programs or activities aid, benefits, or services
1151.17(c)(2)........................ program program or activity
1151.17(d)(1)........................ or benefits from
1151.17(e)........................... or benefiting from
1151.18(a)(3)........................ for a specific program offered and offering, for example, a
specific event
1151.18(a)(3)........................ that program that specific event
1151.18(b)........................... programs aid, benefits, or services
1151.18(d)........................... benefits of the programs and activities aid, benefits, or services
1151.18(d)........................... programs and activities aid, benefits, or services
1151.18(e)........................... programs and activities programs or activities
1151.22(b), last sentence............ offer programs and activities to serve
1151.22(c)........................... to make programs or, activities in
existing facilities accessible
1151.22(d)(3)........................ program accessibility accessibility under paragraph
(a) of this section
1151.31(a)........................... or benefits from
1151.31(c), last sentence............ apprenticeship programs apprenticeships
1151.31(d)(8)........................ social those that are social
1151.31(d)(8)........................ programs
1151.32(a)........................... program program or activity
1151.32(c), introductory text........ program program or activity
1151.32(c)(1)........................ program program or activity
1151.41(a), first sentence........... for a program or activity
1151.41(a), first sentence........... the program the program or activity
----------------------------------------------------------------------------------------------------------------
PART 1156--NONDISCRIMINATION ON THE BASIS OF AGE
0
6. The authority citation for part 1156 continues to read as follows:
Authority: 42 U.S.C. 6101 et seq.; 45 CFR part 90.
Sec. 1156.2 [Amended]
0
7. Section 1156.2 is amended by removing the words ``and to each
program or activity that receives or benefits from such assistance'' in
paragraph (a).
0
8. Section 1156.3 is amended by redesignating paragraphs (h) through
(n) as paragraphs (i) through (o), respectively; and by adding a new
paragraph (h) to read as follows:
Sec. 1156.3 Definitions.
* * * * *
(h) Program or activity means all of the operations of any entity
described in paragraphs (h)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
0
9. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1156.1, last sentence................ programs and activities programs or activities
1156.7(c)............................ program program or activity
1156.10, first sentence.............. programs and activities programs or activities
1156.17(a)(2), last sentence......... program
1156.19(c)(2), first sentence........ Federal
1156.20(b)(2)........................ program or the activity Federal financial assistance
----------------------------------------------------------------------------------------------------------------
[[Page 51386]]
Dated: April 17, 2001.
Karen Elias,
Deputy General Counsel, National Endowment for the Arts.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Chapter XI
RIN 3136-AA24
Authority and Issuance
0
For the reasons set forth in the joint preamble, NEH amends 45 CFR
chapter XI, part 1170 as set forth below:
PART 1170--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY
ASSISTED PROGRAMS OR ACTIVITIES
0
1. The heading for part 1170 is revised to read as set forth above.
0
2. The authority citation for part 1170 continues to read as follows:
Authority: 29 U.S.C. 794.
0
3. Section 1170.3 is amended by revising paragraph (g) to read as
follows:
Sec. 1170.3 Definitions.
* * * * *
(g) The term program or activity means all of the operations of any
entity described in paragraphs (g)(1) through (4) of this section, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
Subpart D to Part 1170--[Amended]
0
4. The heading for subpart D is amended by removing the word
``Program''.
0
5. Section 1170.32 is amended by revising the heading and first
sentence of paragraph (a) to read as follows:
Sec. 1170.32 Existing facilities.
(a) Accessibility. A recipient shall operate each program or
activity to which this part applies so that when each part is viewed in
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
0
6. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1170.2............................... or benefits from
1170.3(a)............................ and
1170.3(a)............................ 95-602 95-602, and by the Civil
Rights Restoration Act of
1987, Pub. L. 100-259
1170.3(d)............................ program program or activity
1170.11.............................. or benefits from
1170.12(a)(5)........................ program program or activity
1170.12(b)........................... programs or activities aid, benefits, or services
1170.12(c)(2)........................ program program or activity
1170.12(d)(1)........................ or benefits from
1170.12(e)........................... the benefits of a program aid, benefits, or services
1170.12(e)........................... from a program from aid, benefits, or
services
1170.12(f)........................... programs and activities programs or activities
1170.13(a)(3)........................ programs aid, benefits, or services
1170.13(a)(3)........................ program aid, benefit, or service
1170.13(a)(4), first sentence........ of a program's
1170.13(c)........................... the programs and activities the program or activity
1170.13(c)........................... museum programs and activities museum aid, benefits, or
services
1170.13(d)........................... programs and activities programs or activities
1170.21(a)........................... or benefits from
1170.21(c), last sentence............ apprenticeship programs apprenticeships
1170.21(d)(8)........................ social those that are social
1170.21(d)(8)........................ programs
1170.22(a)........................... program program or activity
1170.22(c), introductory text........ program program or activity
1170.22(c)(1)........................ program program or activity
1170.32(b), last sentence............ offer program and activities to serve
1170.32(d)(3)........................ program accessibility accessibility under paragraph
(a) of this section
1170.41.............................. programs and activities programs or activities
1170.41.............................. or benefit from
1170.43(a)........................... program or activity aid, benefit, or service
1170.43(d)........................... programs and activities program or activity
1170.44(a), second sentence.......... program of
1170.44(c),.......................... in its program
[[Page 51387]]
1170.44(d)(1)........................ under the education program or activity
operated by the recipient
1170.47(a)(1), first sentence........ programs and activities aid, benefits, or services
1170.51(a), first sentence........... for a program or activity
1170.51(a), first sentence........... the program the program or activity
1170.52(a)(3)(i)..................... program program or activity
1170.52(a)(3)(ii).................... program program or activity
1170.54(a), second sentence.......... programs and activities programs or activities
----------------------------------------------------------------------------------------------------------------
Dated: January 17, 2003.
Daniel Schneider,
General Counsel, National Endowment for the Humanities.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Chapter XII
RIN 3045-AA29
Authority and Issuance
0
For the reasons set forth in the joint preamble, the Corporation amends
45 CFR chapter XII, parts 1203 and 1232 as set forth below:
PART 1203--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS--
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
0
1. The authority citation for part 1203 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
0
2. Section 1203.3 is amended by revising paragraph (e) to read as
follows:
Sec. 1203.3 Definitions.
* * * * *
(e) Program or activity and program mean all of the operations of
any entity described in paragraphs (e)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1), (2), or (3) of this section.
* * * * *
0
3. Section 1203.5 is amended by revising paragraph (b), paragraph
(c)(2), and the heading of paragraph (d) to read as follows:
Sec. 1203.5 Assurances required.
* * * * *
(b) Assurances from Government agencies. In the case of an
application from a department, agency, or office of a State or local
government for Federal financial assistance for a specified purpose,
the assurance required by this section shall extend to any other
department, agency, or office of the same governmental unit if the
policies of the other department, agency, or office will substantially
affect the project for which Federal financial assistance is requested.
(c) * * *
(2) The assurance required by an academic institution, detention or
correctional facility, or any other institution or facility, relating
to the institution's practices with respect to admission or other
treatment of individuals as students, patients, wards, inmates, persons
subject to control, or clients of the institution or facility or to the
opportunity to participate in the provision of services, disposition,
treatment, or benefits to these individuals, is applicable to the
entire institution or facility.
(d) Continuing Federal financial assistance. * * *
* * * * *
Appendix A to Part 1203 [Amended]
0
4. The heading for appendix A to part 1203 is amended by removing the
word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
Appendix B to Part 1203 [Amended]
0
5. The heading for appendix B to part 1203 is amended by removing the
word ``Programs'' and adding, in its place, the words ``Federal
Financial Assistance''.
0
6. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1203.2(a), introductory text, first federally assisted programs types of Federal financial
sentence. assistance
1203.2(a), introductory text, second under a program .............................
sentence.
1203.2(a)(2)......................... under a program .............................
1203.2(a)(3)......................... under a program .............................
1203.2(a), concluding text, first a program a type of Federal financial
sentence. assistance
1203.2(a), concluding text, first the program a program
sentence.
1203.2(a)(4) concluding text last programs types of Federal financial
sentence. assistance
1203.2(b)............................ as part of the program receiving that .............................
assistance
1203.3(d)............................ for the purpose of carrying out a program .............................
1203.3(f)............................ for any program, .............................
[[Page 51388]]
1203.3(f)............................ under a program .............................
1203.4(b)(1), introductory text...... under a program .............................
1203.4(c)(1), first sentence......... a program of the
1203.5(a)(1), first sentence......... to carry out a program .............................
1203.5(a)(1), first sentence......... except a program except an application
1203.5(a)(1), second sentence........ program award
1203.5(a)(1), sixth sentence......... for each program, .............................
1203.5(a)(1), sixth sentence......... in the program .............................
1203.5(a)(2), second sentence........ under a program of with
1203.5(a)(2), third sentence......... program statute
1203.5(d), introductory text......... to carry out a program involving for
1203.5(d), introductory text......... programs types of Federal financial
assistance
1203.6(b), second sentence........... of a program under in
1203.6(d)............................ program under which program for which
1203.9(e), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
1203.10(f)........................... under the program involved to which this regulation
applies
1203.10(f)........................... assistance will assistance to which this
regulation applies will
1203.10(f)........................... under the programs .............................
1203.12(a), first sentence........... under a program .............................
----------------------------------------------------------------------------------------------------------------
PART 1232--NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
7. The heading for part 1232 is revised to read as set forth above.
0
8. The authority citation for part 1232 continues to read as follows:
Authority: 29 U.S.C. 794.
0
9. Section 1232.3 is amended by adding a new paragraph (m) to read as
follows:
Sec. 1232.3 Definitions.
* * * * *
(m) Program or activity means all of the operations of any entity
described in paragraphs (m)(1) through (4) of this section, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (m)(1), (2), or (3) of this section.
Subpart C of Part 1232--[Amended]
0
10. The heading for subpart C of part 1232 is amended by removing the
word ``Program''.
Sec. 1232.13 [Amended]
0
11. The heading for Sec. 1232.13 is amended by removing the word
``program''.
0
12. Section 1232.14 is amended by revising the first sentence of
paragraph (a) and paragraph (b) to read as follows:
Sec. 1232.14 Existing facilities.
(a) A recipient shall operate each program or activity to which
this part applies so that when each part is viewed in its entirety it
is readily accessible and usable by handicapped persons. * * *
(b) A recipient is not required to make structural changes in
existing facilities where other methods are effective in achieving
compliance with this section. Where structural changes are necessary to
comply with paragraph (a) of this section, such changes shall be made
as soon as practicable, but in no event later than three years after
the effective date of the regulation.
* * * * *
0
13. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
1232.2, first sentence............... or benefits from
1232.2, first sentence............... including volunteer programs such as including, but not limited to
1232.3(k)............................ under any programs as
1232.4(b)(1)(v)...................... program program or activity
1232.4(b)(2)......................... programs or activities aid, benefits, or services
1232.4(b)(3)(ii)..................... program program or activity
1232.4(b)(4)(i)...................... or benefits from .............................
1232.4(c)............................ the benefits of a program aid, benefits, or services
[[Page 51389]]
1232.4(c)............................ from a program from aid, benefits, or
services
1232.4(d)............................ programs and activities . programs or activities
1232.4(f)............................ program program or activity
1232.4(f)............................ or benefiting from .............................
1232.5(a), first sentence............ for a program or activity .............................
1232.5(a), first sentence............ program program or activity
1232.5(c)............................ volunteer program program or activity
1232.7(a)(3)(i)...................... program program or activity
1232.7(a)(3)(ii)..................... program program or activity
1232.7(a)(3)(iii).................... program program or activity
1232.9(a)............................ or benefits from .............................
1232.9(c)(8)......................... social those that are social
1232.9(c)(8)......................... programs .............................
1232.9(d), last sentence............. apprenticeship programs apprenticeships
1232.9(f)............................ volunteer program program or activity
1232.10(a)........................... program program or activity
1232.10(c), introductory text........ program program or activity
1232.10(c)(1)........................ program program or activity
----------------------------------------------------------------------------------------------------------------
Dated: September 17, 2002.
Frank Trinity,
General Counsel, Corporation for National and Community Service.
DEPARTMENT OF TRANSPORTATION
49 CFR Subtitle A
RIN 2105-AC96
Authority and Issuance
0
For the reasons set forth in the joint preamble, DOT amends 49 CFR
subtitle A, parts 21 and 27 as set forth below:
PART 21--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE
DEPARTMENT OF TRANSPORTATION--EFFECTUATION OF TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964
0
1. The authority citation for part 21 is revised to read as follows:
Authority: 42 U.S.C. 2000d-2000d-7.
0
2. Section 21.7 is amended by removing the fifth sentence of paragraph
(a)(1) and by revising the heading of paragraph (b) to read as follows:
Sec. 21.7 Assurances required.
* * * * *
(b) Continuing Federal financial assistance. * * *
0
3. Section 21.23 is amended by revising paragraph (e) to read as
follows:
Sec. 21.23 Definitions.
* * * * *
(e) Program or activity and program mean all of the operations of
any entity described in paragraphs (e)(1) through (4) of this section,
any part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (e)(1), (2), or (3) of this section.
* * * * *
0
4. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
21.3(a), introductory text, first federally assisted programs and activities types of Federal financial
sentence. assistance
21.3(a), introductory text, second under any such program
sentence.
21.3(a)(2)........................... under any such program
21.3(a)(3)........................... under any such program
21.3(a), concluding text, first program or activity type of Federal financial
sentence. assistance
21.3(a), concluding text, first such a
sentence.
21.3(a), concluding text, last programs types of Federal financial
sentence. assistance
21.5(b)(1), introductory text........ under any program
21.5(b)(6)........................... programs of types of Federal financial
assistance administered by
21.5(c)(1), first sentence........... a program of the
21.5(c)(1), first sentence........... assistance assistance to a program
21.7(a)(1), first sentence........... to carry out a program
21.7(a)(1), first sentence........... except a program except an application
21.7(a)(1), second sentence.......... program award
21.7(a)(1), sixth sentence........... for each program
[[Page 51390]]
21.7(a)(1), sixth sentence........... in the program
21.7(a)(2), second sentence.......... under a program of with
21.7(a)(2), third sentence........... program statute
21.7(b).............................. to carry out a program involving for
21.7(b).............................. programs types of Federal financial
assistance
21.9(b), second sentence............. of any program under in
21.9(d).............................. under for
21.15(e), first sentence............. programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
21.17(f)............................. under the program involved to which this regulation
applies
21.17(f)............................. assistance will assistance to which this
regulation applies will
21.17(f)............................. under such programs
21.21(a), first sentence............. under such program
21.23(d)............................. for the purpose of carrying out a program
21.23(f)............................. for any program,
21.23(f)............................. under any such program
----------------------------------------------------------------------------------------------------------------
PART 27--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS
OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
5. The heading for part 27 is revised to read as set forth above.
0
6. The authority citation for part 27 continues to read as follows:
Authority: Sec. 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit
Act of 1964, as amended (49 U.S.C. 5310 (a) and (f)); sec. 165(b) of
the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.).
Subpart A--General
0
7. Section 27.5 is amended by revising the definition of Primary
recipient and adding, in alphabetical order, a definition of Program or
activity to read as follows:
Sec. 27.5 Definitions.
* * * * *
Primary recipient means any recipient that is authorized or
required to extend Federal financial assistance from the Department to
another recipient.
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other
State or local government entity) to which the assistance is extended,
in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
0
8. Section 27.7 is amended by revising the heading for paragraph (d) to
read as follows:
Sec. 27.7 Discrimination prohibited.
* * * * *
(d) Aid, benefits, or services limited by Federal law. * * *
0
9. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
27.3(a).............................. or benefits from
27.5, definition of Qualified activities services
handicapped person, paragraph (2).
27.5, definition of Recipient........ for any Federal program,
27.5, definition of Recipient........ under any such program
27.7(a).............................. or benefits from
27.7(b)(1)(v)........................ program program or activity
27.7(b)(3)........................... programs or activities aid, benefits, or services
27.7(b)(4)(ii)....................... program program or activity
27.7(b)(5)(i)........................ or benefits from
27.7(b)(6)........................... or benefitting from
27.7(d).............................. In programs For aid, benefits, or
services
27.9(a), first sentence.............. to carry out a program
27.9(a), first sentence.............. program will program or activity will
27.9(b)(4)........................... program program or activity
27.11(a)(3)(i)....................... program program or activity
27.11(a)(3)(ii)...................... program program or activity
----------------------------------------------------------------------------------------------------------------
[[Page 51391]]
0
10. The heading of subpart B is revised to read as follows:
Subpart B--Accessibility Requirements in Specific Operating
Administration Programs: Airports, Railroads, and Highways
0
11. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
27.71(b), last sentence.............. programs programs or activities
27.77................................ Essential Air Service program Essential Air Service Program
----------------------------------------------------------------------------------------------------------------
Subpart C--Enforcement
0
12. In the table below, for each section indicated in the left column,
remove the text shown in the middle column and add the text shown in
the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
27.121(b), last sentence............. of any program under in
27.121(d)............................ program program or activity
27.125(b)(2)......................... program program or activity
27.127(f), first sentence............ programs Federal statutes,
authorities, or other means
by which Federal financial
assistance is extended and
27.129(e), first sentence............ under the program involved to which this first
regulation applies
27.129(e), last sentence............. assistance assistance to which this
regulation applies
----------------------------------------------------------------------------------------------------------------
Dated: April 27, 2001.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-21140 Filed 8-25-03; 8:45 am]
BILLING CODES 3410-94-P, 7590-01-P, 6450-01-P, 8025-01-P, 7510-01-P,
3510-BP-P, 4710-10-P, 6116-01-P, 4410-13-P, 4510-23-P, 8320-01-P, 6560-
50-P, 6820-34-P, 4310-RE-P, 6718-01-P, 7555-01-P, 7536-01-P, 7536-01-P,
7036-01-P, 6050-28-P, 4910-62-P