[Federal Register: August 30, 2000 (Volume 65, Number 169)]
[Rules and Regulations]               
[Page 52857-52895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au00-15]                         


[[Page 52857]]

  
  
  
  
  
  
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Part III

Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance; Final Common Rule
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Nuclear Regulatory Commission
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Tennessee Valley Authority
Department of State
Agency for International Development
Department of Housing and Urban Development
Department of Justice
Department of the Treasury
Department of Defense
National Archives and Records Administration
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
National Science Foundation
Corporation for National and Community Service
Department of Transportation


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 5

SMALL BUSINESS ADMINISTRATION

13 CFR Part 113

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1253

DEPARTMENT OF COMMERCE

15 CFR Part 8a

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1317

DEPARTMENT OF STATE

22 CFR Part 146

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 229

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3

DEPARTMENT OF JUSTICE

28 CFR Part 54

DEPARTMENT OF LABOR

29 CFR Part 36

DEPARTMENT OF THE TREASURY

31 CFR Part 28

DEPARTMENT OF DEFENSE

32 CFR Part 196

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1211

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 23

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 5

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-4

DEPARTMENT OF THE INTERIOR

43 CFR Part 41

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 19

NATIONAL SCIENCE FOUNDATION

45 CFR Part 618

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2555

DEPARTMENT OF TRANSPORTATION

49 CFR Part 25

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

AGENCIES: Nuclear Regulatory Commission; Small Business Administration; 
National Aeronautics and Space Administration; Department of Commerce; 
Tennessee Valley Authority; Department of State; Agency for 
International Development; Department of Housing and Urban Development; 
Department of Justice; Department of Labor; Department of the Treasury; 
Department of Defense; National Archives and Records Administration; 
Department of Veterans Affairs; Environmental Protection Agency; 
General Services Administration; Department of the Interior; Federal 
Emergency Management Agency; National Science Foundation; Corporation 
for National and Community Service; Department of Transportation.

ACTION: Final common rule.

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

EFFECTIVE DATE: September 29, 2000.

FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief, 
Federal Coordination and Compliance Section, Civil Rights Division, U.S. Department 
of Justice, P.O. Box 65960, Washington, D.C. 20035-6560. Telephone: 
(202) 307-2222 (voice), (202) 307-2687 (TTY). Facsimile: (202) 307-
0595.
    Copies of this common rule are available, upon request, in large 
print and electronic file on computer disk. Other formats will be 
considered upon request.

SUPPLEMENTARY INFORMATION:

I. Background

    The purpose of this common rule is to provide for the enforcement 
of Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 
1681, et seq.) (``Title IX''), as it applies to educational programs or 
activities operated by recipients of Federal financial assistance from 
the participating agencies. These Title IX regulations are presented as 
a common rule because the standards established for the enforcement of 
Title IX are the same for all of the participating agencies. The 
procedures for how an agency will enforce Title IX, including the 
conduct of investigations and compliance reviews, also follow the same 
structure. All of the participating agencies except the Department of 
the Treasury (``Treasury'') and the National Archives and Records 
Administration (``NARA'') reference their respective procedures under 
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 
et seq.), because Title IX is modeled after Title VI and the statutes 
have the same statutory enforcement mechanisms. Although Treasury and 
NARA do not have Title VI regulations, both entities are establishing 
enforcement procedures, as set forth below, that are akin to other 
agencies' Title VI procedures for enforcement. The final rule adopted 
by each agency is codified in that agency's portion of the Code of 
Federal Regulations as indicated in this final common rule.

II. Rulemaking History

    On October 29, 1999, the participating agencies published a Notice 
of Proposed Rulemaking to implement Title IX. See 64 FR 58567 
(1999).\1\ The 60-day notice and comment period during which comments 
were submitted to the Department of Justice (DOJ) ended on December 28, 
1999. DOJ received a total of 22 comments, five of which were submitted 
by other Federal agencies. DOJ and the participating agencies have 
carefully reviewed these comments and made various revisions to the 
common rule as discussed below.\2\
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    \1\ In 1979 and 1980, two of the participating agencies 
published notices of proposed rulemaking for Title IX, but the 
proposed rules were never issued as final rules. On April 25, 1979, 
the Veterans' Administration published a notice of proposed 
rulemaking. See 44 FR 24320 (1979). On June 17, 1980, the Department 
of Justice published a notice of proposed rulemaking. See 45 FR 
41001 (1980). By participating in the October 29,1999 Notice of 
Proposed Rulemaking, these agencies initiated new rulemaking 
proceedings.
    \2\ Three agencies that participated in the Notice of Proposed 
Rulemaking, the National Endowment for the Arts (NEA), the National 
Endowment for the Humanities (NEH), and the Institute of Museum and 
Library Services (IMLS) have decided to promulgate separate Title IX 
regulations rather than participate in the final common rule. These 
agencies are working to develop Title IX regulations that will 
closely parallel the common rule but may include minimal changes to 
reflect their specific agency missions. These agencies are currently 
in the process of drafting such regulations and will continue to 
enforce Title IX as the regulations are being developed.

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[[Page 52859]]

III. Overview of the Common Rule

    As set forth in this common rule, the substantive nondiscrimination 
obligations of recipients, for the most part, are identical to those 
established by the Department of Education (``ED'') under Title IX. See 
34 CFR Part 106. ED's regulations are the model for these Title IX 
regulations for several reasons: the history of public participation in 
the development and congressional approval of ED's regulations, ED's 
leadership role in Title IX enforcement, judicial interpretations of 
ED's regulations, recipients' familiarity with the regulations, and an 
interest in maintaining consistency of interpretation of regulations 
enforcing Title IX. ED's regulations, initially issued by the former 
Department of Health, Education, and Welfare (``HEW'') (and adopted by 
ED upon its establishment in 1980), are the result of an extensive 
public comment process and congressional review. HEW received and 
considered more than 9700 comments before drafting its final 
regulations. 40 FR 24128 (1975). Further, after the final regulations 
were issued, but before they became effective, Congress held six days 
of hearings to determine whether the regulations were consistent with 
the statute. Sex Discrimination Regulations: Hearings before the 
Subcomm. on Postsecondary Education of the House Comm. on Education and 
Labor, 94th Cong., 1st Sess. (1975).
    In addition, under Executive Order 12250, the Department of Justice 
is responsible for the ``consistent and effective implementation'' of 
several civil rights laws, including Title IX. Using ED's regulations 
as the basis for this common rule promotes consistency and efficiency 
not only for agencies but for the recipient community. ED is the lead 
agency for enforcement of Title IX through its guidance, 
interpretations, technical assistance, investigative expertise, and 
resources committed. As the vast majority of recipients of Federal 
assistance from the identified agencies also receive assistance from 
ED, recipients should be subject to a single set of obligations with 
respect to Title IX.
    Further, both Congress and the courts have interpreted Title IX 
based on ED's regulations. For example, in 1974, Congress amended the 
statute after holding hearings on provisions in ED's proposed rule. See 
20 U.S.C. 1681(a)(6). In 1982, the Supreme Court upheld that portion of 
ED's regulations that prohibits discrimination by a recipient on the 
basis of sex in its employment practices. See North Haven Bd. of Educ. 
v. Bell, 456 U.S. 512 (1982). Congress also passed the Civil Rights 
Restoration Act of 1987 (``CRRA''), in large part, to overrule the 
Supreme Court's decision in Grove City College v. Bell, 465 U.S. 555 
(1984), and thus to codify Title IX consistent with ED's pre-Grove City 
interpretation of the statute. See S. Rep. No. 100-64, at 2 (1987), 
reprinted in 1988 U.S.C.C.A.N. 3, 3-4. The recipient community, Federal 
agencies, and the courts should have the benefit of continued reliance 
on past interpretations of Title IX and its regulations, and using ED's 
regulations as the model for other agencies promotes that consistency.
    As discussed in the Notice of Proposed Rulemaking, however, these 
Title IX regulations are not identical to ED's regulations. See 64 FR 
58569-58572. For example, the common rule includes modifications to be 
consistent with Supreme Court precedent and statutory changes that are 
not yet reflected in the Department of Education's regulations. In 
addition, as discussed below, the participating agencies have made a 
few additional revisions to the common rule in response to public 
comments.

Summary of Regulations

    Title IX prohibits recipients of Federal financial assistance from 
discriminating on the basis of sex in educational programs or 
activities. Specifically, the statute states that ``[n]o person in the 
United States shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any education program or activity receiving 
Federal financial assistance,'' with specific exceptions for various 
entities, programs, and activities. 20 U.S.C. 1681(a). This statute was 
modeled after Title VI, which prohibits discrimination on the basis of 
race, color, and national origin in all programs or activities that 
receive Federal financial assistance. The goal of Title IX is to ensure 
that Federal funds are not utilized for and do not support sex-based 
discrimination, and that individuals have equal opportunities, without 
regard to sex, to pursue, engage or participate in, and benefit from 
academic, extracurricular, research, occupational training, employment, 
or other educational programs or activities. For example (and without 
limitation), subject to exceptions described in these Title IX 
regulations, Title IX prohibits a recipient from discriminating on the 
basis of sex in: student admissions, scholarship awards and tuition 
assistance, recruitment of students and employees, the provision of 
courses and other academic offerings, the provision of and 
participation in athletics and extracurricular activities, and all 
aspects of employment, including, but not limited to, selection, 
hiring, compensation, benefits, job assignments and classification, 
promotions, demotions, tenure, training, transfers, leave, layoffs, and 
termination. See North Haven, 456 U.S. at 521 (stating that Title IX 
``must [be] accord[ed] . . . a sweep as broad as its language'' to 
realize goals of eliminating discrimination and promoting equal 
opportunity); Cannon v. University of Chicago, 441 U.S. 677, 709 (1979) 
(concluding that an implied private right of action was necessary for 
Title IX's full enforcement); Franklin v. Gwinnett County Pub. Schs., 
503 U.S. 60 (1992) (concluding that sexual harassment violates Title 
IX's proscription against sex discrimination). \3\ Of course, Title IX 
prohibits discrimination on the basis of sex in the operation of, and 
the provision or denial of benefits by, education programs conducted by 
noneducational institutions, including, but not limited to, prisons, 
museums, job training institutes, and for profit and nonprofit 
organizations.
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    \3\ See Office for Civil Rights, Dep't of Educ., Sexual 
Harassment Guidance: Harassment of Students by School Employees, 
Other Students, or Third Parties, www.ed.gov/offices/OCR/
ocrprod.html.
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    Thus, for example, these Title IX regulations will apply to such 
diverse activities as a forestry workshop run by a state park receiving 
funds from the Department of Interior; a boater education program 
sponsored by a county parks and recreation department receiving funding 
from the Coast Guard; a local course concerning how to start a small 
business, sponsored by the state department of labor that receives 
funding from the Small Business Administration; and state and local 
courses funded by the Federal Emergency Management Agency in planning 
how to deal with disasters. Vocational training for inmates in prisons 
receiving assistance from the Department of Justice is also covered by 
these Title IX regulations. In short, these Title IX regulations apply 
to the educational programs or activities of any entity receiving 
financial assistance from the participating agencies.

Summary of Subparts

    Subpart A sets forth definitions as well as provisions concerning 
remedial action and affirmative action, required

[[Page 52860]]

assurances, adoption of grievance procedures, and notification of 
nondiscrimination policies. The effect of state and other laws and 
other requirements is also explained. Subpart B addresses the scope or 
coverage of Title IX, and Subpart C addresses nondiscrimination on the 
basis of sex in admission and recruitment practices with respect to 
students.
    Subpart D addresses nondiscrimination on the basis of sex in 
education programs or activities. Specific areas covered in this 
subpart are housing, access to course offerings, access to schools 
operated by local education agencies, counseling, financial assistance, 
employment assistance to students, health and insurance benefits and 
services, consideration of marital and parental status, and athletics.
    Subpart E covers the prohibitions of discrimination on the basis of 
sex in employment in educational programs or activities. Specific 
aspects of employment that are addressed include hiring and employment 
criteria, recruitment, compensation, job classification and structure, 
promotion and termination, fringe benefits, consideration of marital or 
parental status, leave practices, advertising, and preemployment 
inquiries as to parental and marital status. This subpart also includes 
a provision to exempt from Title IX coverage employment actions where 
sex is a bona fide occupational qualification.
    Finally, Subpart F addresses the agencies' respective procedures 
for implementation and enforcement of Title IX. By October 30, 2000, 
each agency will publish a notice in the Federal Register that 
identifies its respective programs that are covered by these Title IX 
regulations. Each agency will supplement or modify its notice of 
covered programs, as appropriate, to reflect changes in coverage.

Enforcement Procedures

    For those agencies that have regulations to enforce Title VI, such 
procedures are adopted and referenced. Titles VI and IX address 
discrimination in federally assisted programs and have identical 
statutory enforcement schemes. The administrative enforcement 
procedures in Title VI regulations are virtually identical among the 
participating agencies, and differences are minor. For the Department 
of the Treasury and NARA, the specific text is set forth herein since 
neither has a Title VI regulation. The Corporation for Community and 
National Service, which is the successor to ACTION, is subject to the 
Title VI regulations promulgated by ACTION. See National and Community 
Service Trust Act of 1993, Public Law 103-82, section 203(c)(2), 107 
Stat. 785, 892; 45 CFR Part 1203. It also should be noted that some 
agencies, based on other Federal laws, have already promulgated 
regulations under those statutes that similarly prohibit discrimination 
on the basis of sex in programs that receive Federal financial 
assistance. Such existing regulations remain in effect.

IV. Analysis of Comments and Revisions

    The great majority of comments received expressed strong support 
for these regulations, and many noted that they represent a long 
overdue effort to provide an effective enforcement mechanism for Title 
IX. Many of these comments also urged prompt and final adoption of the 
common rule, emphasizing that the substance of the regulations should 
not be open to extensive debate or modification because it is almost 
identical to the Department of Education's longstanding Title IX 
regulations that were the subject of an extensive public comment 
process and congressional oversight and approval.
    The participating agencies recognize the importance of ensuring 
that the recipient community has the benefit of continued reliance on 
past interpretations of Title IX and its regulations. Thus, the 
participating agencies have attempted to follow the recommendation of 
these commenters by endeavoring to minimize the extent to which these 
Title IX regulations differ from the Department of Education's Title IX 
rule.
    The participating agencies have, however, carefully considered all 
of the comments submitted regarding these Title IX regulations. 
Responses to these comments, including specific clarifications and 
revisions, are set forth below.

Other Federal Agencies With Title IX Regulations

    The participating agencies received one comment noting that the 
Supplementary Information Section of the proposed common rule cited 
only the Department of Education as previously having published a 
regulation to implement Title IX. This may have inadvertently given the 
impression that no other Federal agencies have adopted Title IX 
regulations.
    The participating agencies therefore wish to clarify that, in fact, 
three other Federal agencies have previously published Title IX rules. 
The Department of Agriculture published 7 CFR part 15a on April 11, 
1979; the Department of Health and Human Services (HHS) published 45 
CFR part 86 on June 4, 1975; \4\; and the Department of Energy 
published 10 CFR part 1040 on June 13, 1980.
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    \4\ HHS' Title IX regulations were originally published by HEW 
but, pursuant to HEW's redesignation as HHS, all regulations in 
effect on May 4, 1980 that refer to HEW were deemed to refer and 
apply to HHS. See 20 U.S.C. 3508.
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Comments Regarding the Danforth Amendment

    Aside from comments expressing general support for the regulations, 
the issue most frequently commented upon pertained to section 
__.235(d), which incorporates the Civil Rights Restoration Act's 
``abortion neutrality'' provision, commonly known as the Danforth 
Amendment. More specifically, these comments concerned section 
__.235(d)(1), which provides that: ``Nothing in these Title IX 
regulations shall be construed to require or prohibit any person, or 
public or private entity, to provide or pay for any benefit or service, 
including the use of facilities, related to an abortion. Medical 
procedures, benefits, services, and the use of facilities necessary to 
save the life of a pregnant woman or to address complications related 
to an abortion are not subject to this section.''
    One comment argued that the exceptions set forth by this provision 
were too broad and should not include an exception to save the life of 
a pregnant woman. Eight comments, however, expressed concern that the 
exceptions delineated in section __.235(d)(1) were too narrow and 
should be expanded to include an additional exception for those cases 
in which pregnancy is the result of rape or incest.
    After carefully reviewing these comments, the text of the 
amendment, and the relevant legislative history, the participating 
agencies have concluded that the exceptions set forth in the proposed 
common rule are neither too broad nor too narrow and are consistent 
with Congressional intent in adopting the Danforth Amendment. Thus, 
this provision has not been changed in the final common rule.

Comments Pertaining to the Presentation of Artistic Content

    The participating agencies received a number of comments requesting 
clarification regarding the potential application of the common rule to 
the presentation of artistic content. In response to these comments, 
the participating agencies wish to confirm that this common rule does 
not cover,

[[Page 52861]]

and is not intended to infringe upon, the presentation of artistic 
content protected by the First Amendment's guarantee of freedom of 
expression.
    Indeed, normal rules of statutory construction require Federal 
agencies, wherever possible, to interpret statutory language in such a 
way as to avoid potential conflicts with the Constitution. The 
participating agencies fully intend to enforce the common rule in a 
manner consistent with this principle.

Comments Regarding Coverage

    The participating agencies also received several comments related 
to coverage of the common rule. A few of these comments expressed 
concern that the common rule expands the scope of Title IX. This 
concern, however, is unfounded. The educational programs or activities 
operated by recipients of Federal funding have been covered by Title IX 
since its enactment in 1972. The common rule is merely an implementing 
regulation and does not expand the scope of coverage mandated by Title 
IX.
    In addressing this concern, it is of course important to note that 
Title IX was amended by the Civil Rights Restoration Act of 1987, which 
defined the terms ``program'' and ``program or activity.'' Thus, the 
scope of coverage set forth by the common rule is based upon the 
mandate of Title IX as amended by the CRRA. The common rule 
incorporates the statutory definitions of ``program'' and ``program or 
activity'' but does not expand the scope of covered programs in any 
way.
    One comment specifically questioned whether youth training programs 
conducted by the National Guard Bureau in conjunction with State 
Adjutant Generals would be covered by this rule. If such education or 
training programs are operated by recipients of Federal funding, they 
are covered by Title IX (and have been since 1972), and will be covered 
by these Title IX regulations.
    A few comments also noted the need for additional guidance and 
clarification regarding what constitutes a covered education program or 
activity. In response to this concern, the participating agencies note 
that, pursuant to section __.600, each Federal agency will be 
publishing a list of covered programs in the Federal Register by 
October 30, 2000. The participating agencies will also periodically 
republish such lists to reflect changes in covered programs. 
Individuals with questions about whether specific programs are covered 
may also raise them with the Federal funding agency or with the 
Department of Justice.

Comment Regarding the Definition of an ``Educational Institution''

    One comment expressed concern that the definition of an 
``educational institution'' covered by Title IX and set forth in the 
proposed common rule was too limited as it would not encompass certain 
entities outside the traditional school setting such as an orchestra. 
In response to this concern, the participating agencies note that this 
definition is the same as the definition of an ``educational 
institution'' set forth in the Department of Education's regulations 
and has not been modified in the final common rule. However, it is 
important to note that the key to coverage under Title IX and these 
Title IX regulations is an education program or activity operated by a 
recipient of Federal funding; while educational institutions are 
certainly one type of covered education program, clearly there are many 
others as well.

Comment Regarding the Definition of ``Recipient''

    One comment argued that the definition of ``recipient'' set forth 
in the common rule is inconsistent with the Supreme Court's decision in 
NCAA v. Smith, 525 U.S. 459 (1999). Noting that the definition of a 
recipient includes any person or entity ``to whom Federal financial 
assistance is extended directly or through another recipient,'' this 
comment asserted that inclusion of the phrase ``or through another 
recipient'' would permit the government to argue that money received 
from a recipient by a third party makes that third party a recipient as 
well.
    The concerns expressed in this comment are unfounded. Inclusion of 
the phrase ``or through another recipient'' merely ensures that sub-
recipients (entities that receive Federal financial assistance through 
sub-grants from primary recipients) are covered by these Title IX 
regulations. Coverage of sub-recipients is in no way inconsistent with 
the NCAA decision or with the principle that indirect beneficiaries are 
not covered by Title IX. The definition of recipient set forth in the 
common rule in no way expands the scope of coverage of Title IX or 
these Title IX regulations and has, therefore, not been modified in the 
final common rule.

Comments Regarding Single-sex Programs

    Several comments inquired about the viability of single-sex 
programs such as an educational science program targeted at young women 
and designed to encourage their interest in a profession in which they 
are underrepresented. Such courses may, under appropriate 
circumstances, be permissible as part of a remedial or affirmative 
action program as provided for by section __.110 of these Title IX 
regulations.
    In addition, other single-sex programs may be permissible under the 
common rule. For example, these Title IX regulations do not apply to 
the membership practices of many voluntary youth service organizations 
or to the membership practices of the Young Men's Christian Association 
(YMCA), the Young Women's Christian Association (YWCA), the Girl 
Scouts, the Boy Scouts, and the Camp Fire Girls. See Section __.215. 
Other examples of single-sex programs that are exempt from coverage 
under these Title IX regulations are programs or activities undertaken 
by the American Legion in connection with the organization or operation 
of a Boys State conference, a Boys Nation conference, a Girls State 
conference, or a Girls Nation conference. See Section __.235(b).
    It also should be noted that the U.S. Department of Education, in 
consultation with the Department of Justice, is reviewing provisions in 
ED's current Title IX regulations regarding single-sex programs to 
determine whether Title IX can and should be interpreted to permit 
certain sex-segregated educational programs or activities that are not 
based upon sex stereotyping, provided, of course, that equal 
educational opportunities and benefits are afforded to students of both 
sexes. Any proposed rule changes will be published in a proposed form 
for public comment, and conforming changes will be made in the 
regulations covered by this notice.
    One comment also expressed concern that the regulations might 
preclude orchestras from establishing single-sex choirs necessary for 
the authentic presentation of certain artistic works. In response to 
this concern, the participating agencies note that these Title IX 
regulations specifically provide, consistent with the Department of 
Education's longstanding regulations, that recipients may make 
requirements based on vocal range or quality that may result in a 
chorus or choruses of one or predominantly one sex. See Section 
__.415(b)(6).
    Finally, individuals or entities with more specific questions 
regarding the viability of a particular program may of course seek 
further guidance from the Federal funding agency or the Department of 
Justice.

[[Page 52862]]

Application of the Common Rule Outside Educational Institutions

    Some comments raised concerns regarding the application of this 
common rule to educational programs or activities conducted outside 
traditional educational institutions. They noted that because this 
common rule is an extension of the Department of Education's Title IX 
regulations, which were designed to apply to schools, portions of the 
common rule may not always be a ``perfect fit'' for educational 
programs or activities operated by other entities. These comments 
therefore requested that agencies be given flexibility in applying 
these Title IX regulations to the wide variety of unique education 
programs or activities operated by recipients of Federal financial 
assistance.
    In response to these comments, it should be noted that individual 
funding agencies may consider developing agency-specific guidance to 
address particular areas of concern. In addition, to further address 
these comments, the participating agencies have modified two provisions 
of the common rule to reflect its application to educational programs 
or activities outside traditional educational institutions. These 
modifications extend the exceptions in sections __.235(b)(3) and 
__.415(b)(5) to include education programs or activities other than 
those in a traditional educational institution. Thus, section 
__.235(b)(3) now provides that these Title IX regulations do not 
preclude:
    Father-son or mother-daughter activities at an educational 
institution or in an education program or activity, but if such 
activities are provided for students of one sex, opportunities for 
reasonably comparable activities shall be provided to students of the 
other sex;

and section __.415(b)(5) now reads:
    portions of classes in elementary and secondary schools or portions 
of education programs or activities that deal exclusively with human 
sexuality may be conducted in separate sessions for boys and girls.

Comments Regarding Collegiate Athletics

    Two comments raised concerns about the potential application of the 
common rule to collegiate athletic programs. These comments criticized 
the standards used to enforce Title IX in the collegiate athletic 
context and expressed concern that the participating agencies failed to 
fully take into account the likely costs of the common rule with regard 
to collegiate athletic programs and athletic scholarships. In response 
to these concerns, the participating agencies wish to clarify that 
virtually all collegiate athletic programs are already covered by the 
Department of Education's Title IX regulations, and have been since 
1975, and will not be affected by this common rule.

Comments Regarding Quotas

    A few comments expressed concerns about the possibility that the 
common rule might result in the application of gender-based quotas to 
academic programs. Such concerns are unfounded as the common rule 
neither permits nor imposes quotas.
    These Title IX regulations do not permit or require the use of 
academic quotas. The Department of Education has had Title IX 
regulations for 25 years without once imposing a quota, and nothing in 
these Title IX regulations permits or requires the participating 
agencies to impose quotas.
    The concerns about academic quotas expressed in these comments 
appear to stem from a number of misconceptions about the Department of 
Education's enforcement of Title IX in athletics, and the applicability 
of these enforcement standards to academic programs.
    First, the Department of Education's Office for Civil Rights 
(``OCR'') does not use quotas to enforce Title IX in athletics. In 
fact, the First Circuit has expressly rejected the notion that OCR uses 
an impermissible quota system when evaluating whether institutions are 
providing athletic opportunities to male and female students on a 
nondiscriminatory basis. See Cohen v. Brown, 101 F.3d 155, 170-71, 175-
76 (1st Cir. 1996), cert. denied, 520 U.S. 1186 (1997).
    Second, fears about academic quotas are unfounded because such 
fears are based on the further erroneous assumption that the same 
standards are used to evaluate athletic and academic programs. 
Athletics differ from academics in that institutions are permitted to 
provide many athletic opportunities on a sex-segregated basis. In other 
words, many athletic programs are sex-segregated by design, whereas 
Title IX requires that most academic programs be offered to all 
students regardless of sex. Thus, since most academic classes are not 
segregated by sex, different standards are used for assessing 
compliance with Title IX in academic programs.
    In short, since OCR does not use a quota system when assessing 
whether male and female students have equal opportunities to 
participate in athletics, and since academic programs are not evaluated 
by the same standards as single-sex athletic programs, there is no 
validity to claims that the common rule will result in quotas for 
academic programs.
    Indeed, in the 28 years since its passage, Title IX has 
significantly advanced the goal of creating equal educational 
opportunities for both sexes. Title IX has never permitted or required 
quotas in classrooms, and nothing in the common rule will permit or 
require quotas in classrooms. These Title IX regulations are not 
designed to regulate the number of men and women in particular courses, 
and the common rule will not lead to decreased educational 
opportunities for either sex. Rather, the common rule is simply 
designed to ensure that the participating agencies have an effective 
means of enforcing the equal opportunity mandates of Title IX.

Comments Regarding Affirmative Action and Disparate Impact

    One of the comments raised a few additional concerns about quotas. 
One of these concerns dealt with the affirmative action provisions of 
the common rule. This comment criticized the inclusion of the phrase 
``consistent with law'' in section __.110(b), arguing that this fails 
to codify governing judicial decisions and encourages agencies to defer 
to interpretations of law advanced by political bureaucrats. The 
inclusion of this phrase, however, simply reflects the evolving nature 
of judicial decisions with respect to this issue and is merely designed 
to ensure that enforcement of these regulations is consistent with 
current judicial decisions. This entire common rule must, of course, 
always be interpreted consistent with governing law.
    A second concern raised by this comment concerned the standard for 
disparate impact set forth in the regulations and the possibility that 
recipients might adopt quotas in order to avoid complaints. More 
specifically, this comment claimed that the disparate impact provisions 
in the common rule are contrary to existing Federal law regarding 
disparate impact under Title VII. This claim, however, is without merit 
as the disparate impact provisions of the common rule are consistent 
with Title VII and governing Supreme Court case law, as applied and 
interpreted by the Equal Employment Opportunity Commission.

Comments Questioning the Need for This Common Rule

    A few comments questioned the need for these Title IX regulations 
and urged that they be withdrawn. More specifically, one comment noted 
a lack of evidence of discrimination in

[[Page 52863]]

education and questioned whether the common rule would provide any 
benefit for Americans. Similarly, two comments expressed concern that 
the rule regulates in areas already covered by other statutes and 
regulations and, thus, would create confusion in enforcement. One 
comment also raised concerns about the possibility that the rule might 
have unintended consequences for the construction industry.
    In response to these concerns, it is important to reiterate that 
the participating agencies are promulgating these regulations in order 
to comply with a congressional mandate. As originally enacted in 1972, 
Title IX directed all Federal agencies providing financial assistance 
to recipients that operate education programs or activities to adopt 
regulations to achieve the statute's objectives. See 20 U.S.C. 1682. 
These Title IX regulations are thus nothing more than a long overdue 
effort to provide a regulatory enforcement mechanism for those Federal 
agencies that failed to adopt their own Title IX regulations when the 
statute was originally enacted.
    In short, the adoption of these Title IX regulations is mandated by 
law. As such, the participating agencies are required to promulgate 
these regulations regardless of whether there may be any overlap with 
other statutes or regulations.

Comments Regarding Assurances

    Several comments expressed concern that the requirement that 
assurances be provided with each and every application for Federal 
financial assistance would hinder efforts to streamline the Federal 
grants process. The participating agencies appreciate the importance of 
simplifying the grants process and of ensuring that agencies are able 
to obtain assurances as efficiently as possible. As such, the 
participating agencies have modified section __.115 of the final common 
rule to provide agencies with greater flexibility in dealing with this 
issue.
    Specifically, the participating agencies have eliminated the 
requirement that every application for Federal financial assistance 
contain or be accompanied by an assurance. Instead, the final common 
rule requires only that all applications for Federal financial 
assistance, or awards of Federal financial assistance, ``contain, be 
accompanied by, or be covered by'' an assurance. What is important is 
that the grant recipient understand its responsibilities under Title 
IX. However, by giving agencies the flexibility to obtain assurances at 
either the application or the award stage of the process, and by 
eliminating the need for grant-by-grant certifications, the final 
common rule establishes a less burdensome process for dealing with 
assurances. Thus, the first sentence of section __.115(a) has been 
amended to read as follows:

    Either at the application stage or the award stage, Federal 
agencies must ensure that applications for Federal financial 
assistance or awards of Federal financial assistance contain, be 
accompanied by, or be covered by a specifically identified assurance 
from the applicant or recipient, satisfactory to the designated 
agency official, that each education program or activity operated by 
the applicant or recipient and to which these Title IX regulations 
apply will be operated in compliance with these Title IX 
regulations.

    In attempting to further ensure the existence of sufficient 
flexibility in dealing with assurances, the participating agencies have 
also modified section __.115(c)(1) regarding the content and form of 
these assurances. The proposed common rule appeared to contain a 
requirement that agencies use exact language in their assurances. In 
response to a comment requesting permission to use equivalent language, 
the participating agencies have modified this provision so that it now 
reads as follows:

    The assurances required * * * shall include that the applicant 
or recipient will comply with all applicable Federal statutes 
relating to nondiscrimination. These include but are not limited to: 
*** Title IX of the Education Amendments of 1972, as amended (20 
U.S.C. 1681-1683, 1685-1688).

Comments Regarding Financial and Administrative Burdens

    A few comments also raised concerns about the potential financial 
and administrative burdens associated with these Title IX regulations. 
More specifically, one comment expressed concern about the broad powers 
of designated agency officials and noted that recipients might be 
burdened by having to respond to 25 differing agency interpretations of 
the common rule.
    In response to this comment, the participating agencies wish to 
clarify a few points. First, this comment makes the unlikely 
assumptions that a recipient is funded by all of the participating 
agencies and that these agencies have significantly different 
interpretations of these regulations. Second, even in those cases in 
which a recipient is funded by more than one Federal agency, there are 
unlikely to be duplicative enforcement efforts.
    Indeed, the participating agencies are working to develop a 
Delegation Agreement to share enforcement responsibilities and 
information. This Delegation Agreement will ensure that Title IX is 
enforced in the most efficient and effective manner, while at the same 
time avoiding duplicative inquiries by the Federal government and any 
undue burden on recipients due to multiple inquiries.
    Several comments also questioned whether the common rule properly 
complied with all regulatory and statutory requirements. More 
specifically, one comment raised concerns about the Paperwork Reduction 
Act provisions of these Title IX regulations.
    In response to this comment, the participating agencies note that 
OMB has indeed reviewed this common rule and approved the Paperwork 
Reduction Act provisions. In addition, as discussed above, the 
participating agencies have modified the provisions regarding 
assurances, thus further reducing the information collection 
requirements associated with these regulations.
    It is also worth noting that many of the concerns raised regarding 
the Paperwork Reduction Act estimates were based on the mistaken 
assumption that all entities covered by the common rule are subject to 
the self-evaluation requirements.\5\ As explained in the preamble to 
the proposed rule, however, the participating agencies estimate that 
fewer than 10 entities are likely to be affected by these requirements.
---------------------------------------------------------------------------

    \5\ The provisions regarding self-evaluation require that 
recipient educational institutions evaluate their current services, 
policies, and practices and make any modifications necessary to 
ensure compliance with Title IX.
---------------------------------------------------------------------------

    The self-evaluation provisions were included in the common rule to 
allow for the possible but rare instance where this requirement might 
continue to be relevant for certain recipients. It is important to note 
that this requirement applies only to recipient educational 
institutions, and virtually all such recipients are already covered by 
the Department of Education's regulations and have previously complied 
with these provisions. Moreover, as explained in the preamble to the 
proposed rule, if a recipient educational institution already has 
conducted a self-evaluation under Title IX, it need not conduct a new 
self-evaluation as a result of receiving funds from a participating 
agency, unless the previously conducted self-evaluation is found to be 
incomplete or not in compliance with the regulations. Thus, concerns 
regarding the paperwork burdens associated with this provision are 
unfounded.
    Other comments questioned whether the requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), the

[[Page 52864]]

Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
609, and the Congressional Review Act, 5 U.S.C. 801-808, had been met.
    As discussed in the Supplementary Information Section of the 
proposed rule, many of the requirements set forth in these statutes do 
not apply to these regulations since this common rule is not a ``major 
rule.'' In setting forth the factual basis for this determination, the 
participating agencies explained that this common rule is not a ``major 
rule'' in large part because these regulations do not impose any new 
substantive obligations on Federal funding recipients. More 
specifically, the participating agencies explained that:
    All recipients of Federal funding that operate educational programs 
or activities have been bound by Title IX's antidiscrimination 
provision since 1972. Individual participants in such programs have 
thus long had the right to be free from sex discrimination, and have 
enjoyed the corollary ability to file an administrative complaint and/
or a private lawsuit when they believe their rights to have been 
violated. The common rule merely ensures that individuals receive 
notice of their rights under Title IX and outlines a process for 
handling administrative complaints for those agencies that do not yet 
have such a process in place for Title IX. Indeed, by identifying a 
coherent scheme for resolving complaints administratively, this 
proposal may help prevent costly private litigation.
    Entities receiving funding from one of the four federal agencies 
that already have Title IX regulations will face no new requirements 
under the common rule. Those entities receiving funding from an agency 
that does not currently have Title IX regulations will now be required 
to notify their students and employees that sex discrimination is 
prohibited and to adopt and publish grievance procedures outlining the 
process for filing an administrative complaint.
    To the extent that these requirements will be new for some 
entities, they are not burdensome. Indeed, Federal funding recipients 
are already required to have most of these procedures under other civil 
rights statutes, and would generally fulfill the requirements of the 
common rule by including Title IX within their existing processes. 
Similarly, the common rule requires a covered recipient to designate an 
employee to coordinate Title IX compliance efforts. In many cases, if 
not most, that person would be the same person currently responsible 
for handling complaints under the other antidiscrimination laws. 64 FR 
58573. As such, the participating agencies have certified that this 
common rule is not a ``major rule.'' These statutes therefore require 
no further action by the participating agencies.
    Nevertheless, upon careful consideration of these comments, the 
participating agencies have decided to delete one of the notice 
provisions in the common rule. Specifically, the participating agencies 
have modified section __.140 of the common rule to delete the 
requirement that notice be published in local newspapers. This 
modification should further reduce any potential financial and 
administrative costs associated with these regulations.

Minor Editorial Changes

    Finally, in addition to the modifications discussed above, the 
participating agencies have made a few minor editorial changes to the 
common rule. Most of these changes are simply designed to ensure that 
the terms ``program'' and ``program or activity'' are not used in any 
manner other than that contemplated by the CRRA.
    As discussed above, the participating agencies carefully considered 
all comments submitted in response to the Notice of Proposed 
Rulemaking, the majority of which expressed strong support for these 
Title IX regulations. Although the participating agencies have made 
several modifications in response to concerns raised during the notice 
and comment period, they have endeavored to minimize changes to the 
substantive nondiscrimination provisions of the rule to promote 
consistency with the Department of Education's Title IX regulations. In 
doing so, the participating agencies hope to ensure that recipients and 
beneficiaries will have the benefit of continued reliance on past 
interpretations of Title IX and Title IX regulations, since the 
Department of Education's regulations have been the subject of 
extensive public comment, congressional review, and judicial scrutiny.

V. Applicable Executive Orders and Regulatory Certifications

Executive Order 12067

    These Title IX regulations have been reviewed by the Equal 
Employment Opportunity Commission pursuant to Executive Order 12067.

Executive Order 12866

    These Title IX regulations have been drafted and reviewed in 
accordance with Executive Order 12866, section 1(b), Principles of 
Regulation. The participating agencies have determined that this rule 
is a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review, yet it is not 
economically significant as defined in section 3(f)(1), and, therefore, 
the information enumerated in section 6(a)(3)(C) of the order is not 
required. Pursuant to Executive Order 12866, this rule has been 
reviewed by the Office of Management and Budget.

Small Business Regulatory Enforcement Fairness Act of 1996

    The participating agencies have determined that these Title IX 
regulations are not a major rule as defined by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets. 
All of the entities that are subject to these regulations are already 
covered by Title IX. While these regulations address standards of 
liability and require that recipients establish grievance procedures 
and take other action, a substantial number of entities already are 
subject to other agencies' Title IX regulations that impose the same 
requirements. Accordingly, these regulations will not impose new 
obligations on many recipients.

Unfunded Mandates Reform Act of 1995

    These Title IX regulations enforce a statutory prohibition on 
discrimination on the basis of sex and, therefore, the participating 
agencies certify that no actions were deemed necessary under the 
Unfunded Mandates Reform Act of 1995. Furthermore, these regulations 
will not result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and they will not significantly 
or uniquely affect small governments.

The Regulatory Flexibility Act

    The participating agencies, in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), have reviewed these Title IX 
regulations and by approving them certify that these regulations will 
not have a significant economic impact on a substantial number of small 
entities because all of the entities that are subject to these 
regulations are already subject to Title IX, and a substantial number 
of entities

[[Page 52865]]

already are subject to the Title IX regulations of other agencies.
    As discussed above, this is not a ``major rule,'' nor will it have 
a significant economic impact on a substantial number of small 
entities, in large part because these regulations do not impose any new 
substantive obligations on Federal funding recipients. All recipients 
of Federal funding that operate educational programs or activities have 
been bound by Title IX's antidiscrimination provision since 1972. 
Individual participants in such programs have thus long had the right 
to be free from sex discrimination, and have enjoyed the corollary 
ability to file an administrative complaint and/or a private lawsuit 
when they believe their rights to have been violated. The common rule 
merely ensures that such individuals receive notice regarding their 
rights under Title IX and outlines a process for handling 
administrative complaints for those agencies that do not yet have such 
a process in place for Title IX. Indeed, by identifying a coherent 
scheme for resolving complaints administratively, this proposal may 
help prevent costly private litigation.
    Entities receiving funding from one of the four Federal agencies 
that already have Title IX regulations will face no new requirements 
under the common rule. Those entities receiving funding from an agency 
that does not currently have Title IX regulations will now be required 
to notify their students and employees that sex discrimination is 
prohibited and to adopt and publish grievance procedures outlining the 
process for filing an administrative complaint.
    To the extent these requirements will be new for some entities, 
they are not burdensome. Indeed, Federal funding recipients are already 
required to have most of these procedures under other civil rights 
statutes, and would generally fulfill the requirements of the common 
rule by including Title IX within their existing processes. Similarly, 
the common rule also requires a covered recipient to designate an 
employee to coordinate Title IX compliance efforts. In many, if not 
most, cases, that person would be the same person currently responsible 
for handling complaints under the other antidiscrimination laws.

Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 
3507(d), OMB has reviewed and approved the information collection 
requirements associated with this common rule. OMB control number 1190-
0016.

Executive Order 13132

    These Title IX regulations 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. These Title IX regulations do not 
subject recipients of Federal funding to any new substantive 
obligations because all recipients of Federal funding that operate 
education programs or activities have been bound by Title IX's 
antidiscrimination provision since 1972. Moreover, these Title IX 
regulations are required by statute; Congress specifically directed 
Federal agencies to adopt implementing regulations when Title IX was 
enacted. Therefore, in accordance with section 6 of Executive Order 
13132, the participating agencies have determined that this rule does 
not have sufficient federalism implications to warrant the preparation 
of a federalism summary impact statement. No further action is 
required.

Text of the Common Rule

    The text of this common rule appears below:

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

Subpart A--Introduction
Sec.
__.100  Purpose and effective date.
__.105  Definitions.
__.110  Remedial and affirmative action and self-evaluation.
__.115  Assurance required.
__.120  Transfers of property.
__.125  Effect of other requirements.
__.130  Effect of employment opportunities.
__.135  Designation of responsible employee and adoption of 
grievance procedures.
__.140  Dissemination of policy.
Subpart B--Coverage
__.200  Application.
__.205  Educational institutions and other entities controlled by 
religious organizations.
__.210  Military and merchant marine educational institutions.
__.215  Membership practices of certain organizations.
__.220  Admissions.
__.225  Educational institutions eligible to submit transition 
plans.
__.230  Transition plans.
__.235  Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
__.300  Admission.
__.305  Preference in admission.
__.310  Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
__.400  Education programs or activities.
__.405  Housing.
__.410  Comparable facilities.
__.415  Access to course offerings.
__.420  Access to schools operated by LEAs.
__.425  Counseling and use of appraisal and counseling materials.
__.430  Financial assistance.
__.435  Employment assistance to students.
__.440  Health and insurance benefits and services.
__.445  Marital or parental status.
__.450  Athletics.
__.455  Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
__.500  Employment.
__.505  Employment criteria.
__.510  Recruitment.
__.515  Compensation.
__.520  Job classification and structure.
__.525  Fringe benefits.
__.530  Marital or parental status.
__.535  Effect of state or local law or other requirements.
__.540  Advertising.
__.545  Pre-employment inquiries.
__.550  Sex as a bona fide occupational qualification.
Subpart F--Procedures
__.600  Notice of covered programs.

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

Subpart A--Introduction


Sec. __.100  Purpose and effective date.

    The purpose of these Title IX regulations is to effectuate Title IX 
of the Education Amendments of 1972, as amended (except sections 904 
and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 
1687, 1688), which is designed to eliminate (with certain exceptions) 
discrimination on the basis of sex in any education program or activity 
receiving Federal financial assistance, whether or not such program or 
activity is offered or sponsored by an educational institution as 
defined in these Title IX regulations. The effective date of these 
Title IX regulations shall be September 29, 2000.


Sec. __.105  Definitions.

    As used in these Title IX regulations, the term:
    Administratively separate unit means a school, department, or 
college of an educational institution (other than a

[[Page 52866]]

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


Sec. __.110  Remedial and affirmative action and self-evaluation.

    (a) Remedial action. If the designated agency official finds that a 
recipient has discriminated against persons on the basis of sex in an 
education program or activity, such recipient shall take such remedial 
action as the designated agency official deems necessary to overcome 
the effects of such discrimination.
    (b) Affirmative action. In the absence of a finding of 
discrimination on the basis of sex in an education program or activity, 
a recipient may take affirmative action consistent with law to overcome 
the effects of conditions that resulted in limited participation 
therein by persons of a particular sex. Nothing in these Title IX 
regulations shall be interpreted to alter any affirmative action 
obligations that a recipient may have under Executive Order 11246, 3 
CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 
CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 
CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12086, 3 
CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 
1978 Comp., p. 264.

[[Page 52867]]

    (c) Self-evaluation. Each recipient education institution shall, 
within one year of September 29, 2000:
    (1) Evaluate, in terms of the requirements of these Title IX 
regulations, its current policies and practices and the effects thereof 
concerning admission of students, treatment of students, and employment 
of both academic and non-academic personnel working in connection with 
the recipient's education program or activity;
    (2) Modify any of these policies and practices that do not or may 
not meet the requirements of these Title IX regulations; and
    (3) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted or may have resulted from adherence to 
these policies and practices.
    (d) Availability of self-evaluation and related materials. 
Recipients shall maintain on file for at least three years following 
completion of the evaluation required under paragraph (c) of this 
section, and shall provide to the designated agency official upon 
request, a description of any modifications made pursuant to paragraph 
(c)(2) of this section and of any remedial steps taken pursuant to 
paragraph (c)(3) of this section.


Sec. __.115  Assurance required.

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


Sec. __.120  Transfers of property.

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


Sec. __.125  Effect of other requirements.

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


Sec. __.130  Effect of employment opportunities.

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


Sec. __.135  Designation of responsible employee and adoption of 
grievance procedures.

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


Sec. __.140  Dissemination of policy.

    (a) Notification of policy. (1) Each recipient shall implement 
specific and continuing steps to notify applicants for admission and 
employment, students and parents of elementary and secondary school 
students, employees,

[[Page 52868]]

sources of referral of applicants for admission and employment, and all 
unions or professional organizations holding collective bargaining or 
professional agreements with the recipient, that it does not 
discriminate on the basis of sex in the educational programs or 
activities that it operates, and that it is required by Title IX and 
these Title IX regulations not to discriminate in such a manner. Such 
notification shall contain such information, and be made in such 
manner, as the designated agency official finds necessary to apprise 
such persons of the protections against discrimination assured them by 
Title IX and these Title IX regulations, but shall state at least that 
the requirement not to discriminate in education programs or activities 
extends to employment therein, and to admission thereto unless 
Secs. __.300 through __.310 do not apply to the recipient, and that 
inquiries concerning the application of Title IX and these Title IX 
regulations to such recipient may be referred to the employee 
designated pursuant to Sec. __.135, or to the designated agency 
official.
    (2) Each recipient shall make the initial notification required by 
paragraph (a)(1) of this section within 90 days of September 29, 2000 
or of the date these Title IX regulations first apply to such 
recipient, whichever comes later, which notification shall include 
publication in:
    (i) Newspapers and magazines operated by such recipient or by 
student, alumnae, or alumni groups for or in connection with such 
recipient; and
    (ii) Memoranda or other written communications distributed to every 
student and employee of such recipient.
    (b) Publications. (1) Each recipient shall prominently include a 
statement of the policy described in paragraph (a) of this section in 
each announcement, bulletin, catalog, or application form that it makes 
available to any person of a type, described in paragraph (a) of this 
section, or which is otherwise used in connection with the recruitment 
of students or employees.
    (2) A recipient shall not use or distribute a publication of the 
type described in paragraph (b)(1) of this section that suggests, by 
text or illustration, that such recipient treats applicants, students, 
or employees differently on the basis of sex except as such treatment 
is permitted by these Title IX regulations.
    (c) Distribution. Each recipient shall distribute without 
discrimination on the basis of sex each publication described in 
paragraph (b)(1) of this section, and shall apprise each of its 
admission and employment recruitment representatives of the policy of 
nondiscrimination described in paragraph (a) of this section, and shall 
require such representatives to adhere to such policy.

Subpart B--Coverage


Sec. __.200  Application.

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


Sec. __.205  Educational institutions and other entities controlled by 
religious organizations.

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


Sec. __.210  Military and merchant marine educational institutions.

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


Sec. __.215  Membership practices of certain organizations.

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


Sec. __.220  Admissions.

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


Sec. __.225  Educational institutions eligible to submit transition 
plans.

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

[[Page 52869]]

Sec. __.230  Transition plans.

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


Sec. __.235  Statutory amendments.

    (a) This section, which applies to all provisions of these Title IX 
regulations, addresses statutory amendments to Title IX.
    (b) These Title IX regulations shall not apply to or preclude:
    (1) Any program or activity of the American Legion undertaken in 
connection with the organization or operation of any Boys State 
conference, Boys Nation conference, Girls State conference, or Girls 
Nation conference;
    (2) Any program or activity of a secondary school or educational 
institution specifically for:
    (i) The promotion of any Boys State conference, Boys Nation 
conference, Girls State conference, or Girls Nation conference; or
    (ii) The selection of students to attend any such conference;
    (3) Father-son or mother-daughter activities at an educational 
institution or in an education program or activity, but if such 
activities are provided for students of one sex, opportunities for 
reasonably comparable activities shall be provided to students of the 
other sex;
    (4) Any scholarship or other financial assistance awarded by an 
institution of higher education to an individual because such 
individual has received such award in a single-sex pageant based upon a 
combination of factors related to the individual's personal appearance, 
poise, and talent. The pageant, however, must comply with other 
nondiscrimination provisions of Federal law.
    (c) Program or activity or program means:
    (1) All of the operations of any entity described in paragraphs 
(c)(1)(i) through (iv) of this section, any part of which is extended 
Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (B) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in section 8801 of title 
20), system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (iv) Any other entity that is established by two or more of the 
entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 
section.
    (2)(i) Program or activity does not include any operation of an 
entity that is controlled by a religious organization if the 
application of 20 U.S.C. 1681 to such operation would not be consistent 
with the religious tenets of such organization.
    (ii) For example, all of the operations of a college, university, 
or other postsecondary institution, including but not limited to 
traditional educational operations, faculty and student housing, campus 
shuttle bus service, campus restaurants, the bookstore, and other 
commercial activities are part of a ``program or activity'' subject to 
these Title IX regulations if the college, university, or other 
institution receives Federal financial assistance.
    (d)(1) Nothing in these Title IX regulations shall be construed to 
require or prohibit any person, or public or private entity, to provide 
or pay for any benefit or service, including the use of facilities, 
related to an abortion. Medical procedures, benefits, services, and the 
use of facilities, necessary to save the life of a pregnant woman or to 
address complications related to an abortion are not subject to this 
section.
    (2) Nothing in this section shall be construed to permit a penalty 
to be imposed on any person or individual because such person or 
individual is seeking or has received any benefit or service related to 
a legal abortion. Accordingly, subject to paragraph (d)(1) of this 
section, no person shall be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, employment, or other 
educational program or activity operated by a recipient that receives 
Federal financial assistance because such individual has sought or 
received, or is seeking, a legal abortion, or any

[[Page 52870]]

benefit or service related to a legal abortion.

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


Sec. __.300  Admission.

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


Sec. __.305  Preference in admission.

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


Sec. __.310  Recruitment.

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

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


Sec. __.400  Education programs or activities.

    (a) General. Except as provided elsewhere in these Title IX 
regulations, no person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any academic, extracurricular, research, 
occupational training, or other education program or activity operated 
by a recipient that receives Federal financial assistance. Sections 
__.400 through __.455 do not apply to actions of a recipient in 
connection with admission of its students to an education program or 
activity of a recipient to which Secs. __.300 through __.310 do not 
apply, or an entity, not a recipient, to which Secs. __.300 through 
__.310 would not apply if the entity were a recipient.
    (b) Specific prohibitions. Except as provided in Secs. __.400 
through __.455, in providing any aid, benefit, or service to a student, 
a recipient shall not, on the basis of sex:
    (1) Treat one person differently from another in determining 
whether such person satisfies any requirement or condition for the 
provision of such aid, benefit, or service;
    (2) Provide different aid, benefits, or services or provide aid, 
benefits, or services in a different manner;
    (3) Deny any person any such aid, benefit, or service;
    (4) Subject any person to separate or different rules of behavior, 
sanctions, or other treatment;
    (5) Apply any rule concerning the domicile or residence of a 
student or applicant, including eligibility for in-state fees and 
tuition;
    (6) Aid or perpetuate discrimination against any person by 
providing significant assistance to any agency, organization, or person 
that discriminates on the basis of sex in providing any aid, benefit, 
or service to students or employees;
    (7) Otherwise limit any person in the enjoyment of any right, 
privilege, advantage, or opportunity.
    (c) Assistance administered by a recipient educational institution 
to study at a foreign institution. A recipient educational institution 
may administer or assist in the administration of scholarships, 
fellowships, or other awards established by foreign or domestic wills, 
trusts, or similar legal instruments, or by acts of foreign governments 
and restricted to members of one sex, that are designed to provide 
opportunities to study abroad, and that are awarded to students who are 
already matriculating at or who are graduates of the recipient 
institution; Provided, that a recipient educational institution that 
administers or assists in the administration of such scholarships, 
fellowships, or other awards that are restricted to members of one sex 
provides, or otherwise makes available, reasonable opportunities for 
similar studies for members of the other sex. Such opportunities may be 
derived from either domestic or foreign sources.
    (d) Aids, benefits or services not provided by recipient. (1) This 
paragraph (d) applies to any recipient that requires participation by 
any applicant, student, or employee in any education program or 
activity not operated wholly by such recipient, or that facilitates, 
permits, or considers such participation as part of or equivalent to an 
education program or

[[Page 52871]]

activity operated by such recipient, including participation in 
educational consortia and cooperative employment and student-teaching 
assignments.
    (2) Such recipient:
    (i) Shall develop and implement a procedure designed to assure 
itself that the operator or sponsor of such other education program or 
activity takes no action affecting any applicant, student, or employee 
of such recipient that these Title IX regulations would prohibit such 
recipient from taking; and
    (ii) Shall not facilitate, require, permit, or consider such 
participation if such action occurs.


Sec. __.405  Housing.

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


Sec. __.410  Comparable facilities.

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


Sec. __.415  Access to course offerings.

    (a) A recipient shall not provide any course or otherwise carry out 
any of its education program or activity separately on the basis of 
sex, or require or refuse participation therein by any of its students 
on such basis, including health, physical education, industrial, 
business, vocational, technical, home economics, music, and adult 
education courses.
    (b)(1) With respect to classes and activities in physical education 
at the elementary school level, the recipient shall comply fully with 
this section as expeditiously as possible but in no event later than 
one year from September 29, 2000. With respect to physical education 
classes and activities at the secondary and post-secondary levels, the 
recipient shall comply fully with this section as expeditiously as 
possible but in no event later than three years from September 29, 
2000.
    (2) This section does not prohibit grouping of students in physical 
education classes and activities by ability as assessed by objective 
standards of individual performance developed and applied without 
regard to sex.
    (3) This section does not prohibit separation of students by sex 
within physical education classes or activities during participation in 
wrestling, boxing, rugby, ice hockey, football, basketball, and other 
sports the purpose or major activity of which involves bodily contact.
    (4) Where use of a single standard of measuring skill or progress 
in a physical education class has an adverse effect on members of one 
sex, the recipient shall use appropriate standards that do not have 
such effect.
    (5) Portions of classes in elementary and secondary schools, or 
portions of education programs or activities, that deal exclusively 
with human sexuality may be conducted in separate sessions for boys and 
girls.
    (6) Recipients may make requirements based on vocal range or 
quality that may result in a chorus or choruses of one or predominantly 
one sex.


Sec. __.420  Access to schools operated by LEAs.

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


Sec. __.425  Counseling and use of appraisal and counseling materials.

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


Sec. __.430  Financial assistance.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, in providing financial assistance to any of its students, a 
recipient shall not:
    (1) On the basis of sex, provide different amounts or types of such 
assistance, limit eligibility for such assistance that is of any 
particular type or source, apply different criteria, or otherwise 
discriminate;
    (2) Through solicitation, listing, approval, provision of 
facilities, or other services, assist any foundation, trust, agency, 
organization, or person that provides assistance to any of such 
recipient's students in a manner that discriminates on the basis of 
sex; or

[[Page 52872]]

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


Sec. __.435  Employment assistance to students.

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


Sec. __.440  Health and insurance benefits and services.

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


Sec. __.445  Marital or parental status.

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


Sec. __.450  Athletics.

    (a) General. No person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, be treated differently 
from another person, or otherwise be discriminated against in any 
interscholastic, intercollegiate, club, or intramural athletics offered 
by a recipient, and no recipient shall provide any such athletics 
separately on such basis.
    (b) Separate teams. Notwithstanding the requirements of paragraph 
(a) of this section, a recipient may operate or sponsor separate teams 
for members of each sex where selection for such teams is based upon 
competitive skill or the activity involved is a contact sport. However, 
where a recipient operates or sponsors a team in a particular sport for 
members of one sex but operates or sponsors no such team for members of 
the other sex, and athletic opportunities for members of that sex have 
previously been limited, members of the excluded sex must be allowed to 
try out for the team offered unless the sport involved is a contact 
sport. For the purposes of these Title IX regulations, contact sports 
include boxing, wrestling, rugby, ice hockey, football, basketball, and 
other sports the purpose or major activity of which involves bodily 
contact.
    (c) Equal opportunity. (1) A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics shall 
provide equal athletic opportunity for members of both sexes. In 
determining whether equal opportunities are available, the

[[Page 52873]]

designated agency official will consider, among other factors:
    (i) Whether the selection of sports and levels of competition 
effectively accommodate the interests and abilities of members of both 
sexes;
    (ii) The provision of equipment and supplies;
    (iii) Scheduling of games and practice time;
    (iv) Travel and per diem allowance;
    (v) Opportunity to receive coaching and academic tutoring;
    (vi) Assignment and compensation of coaches and tutors;
    (vii) Provision of locker rooms, practice, and competitive 
facilities;
    (viii) Provision of medical and training facilities and services;
    (ix) Provision of housing and dining facilities and services;
    (x) Publicity.
    (2) For purposes of paragraph (c)(1) of this section, unequal 
aggregate expenditures for members of each sex or unequal expenditures 
for male and female teams if a recipient operates or sponsors separate 
teams will not constitute noncompliance with this section, but the 
designated agency official may consider the failure to provide 
necessary funds for teams for one sex in assessing equality of 
opportunity for members of each sex.
    (d) Adjustment period. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
elementary school level shall comply fully with this section as 
expeditiously as possible but in no event later than one year from 
September 29, 2000. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
secondary or postsecondary school level shall comply fully with this 
section as expeditiously as possible but in no event later than three 
years from September 29, 2000.


Sec. __.455  Textbooks and curricular material.

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

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


Sec. __.500  Employment.

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


Sec. __.505  Employment criteria.

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


Sec. __.510  Recruitment.

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


Sec. __.515  Compensation.

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


Sec. __.520  Job classification and structure.

    A recipient shall not:
    (a) Classify a job as being for males or for females;
    (b) Maintain or establish separate lines of progression, seniority 
lists, career ladders, or tenure systems based on sex; or
    (c) Maintain or establish separate lines of progression, seniority 
systems, career ladders, or tenure systems for

[[Page 52874]]

similar jobs, position descriptions, or job requirements that classify 
persons on the basis of sex, unless sex is a bona fide occupational 
qualification for the positions in question as set forth in 
Sec. __.550.


Sec. __.525  Fringe benefits.

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


Sec. __.530  Marital or parental status.

    (a) General. A recipient shall not apply any policy or take any 
employment action:
    (1) Concerning the potential marital, parental, or family status of 
an employee or applicant for employment that treats persons differently 
on the basis of sex; or
    (2) Which is based upon whether an employee or applicant for 
employment is the head of household or principal wage earner in such 
employee's or applicant's family unit.
    (b) Pregnancy. A recipient shall not discriminate against or 
exclude from employment any employee or applicant for employment on the 
basis of pregnancy, childbirth, false pregnancy, termination of 
pregnancy, or recovery therefrom.
    (c) Pregnancy as a temporary disability. Subject to Sec. __235(d), 
a recipient shall treat pregnancy, childbirth, false pregnancy, 
termination of pregnancy, recovery therefrom, and any temporary 
disability resulting therefrom as any other temporary disability for 
all job-related purposes, including commencement, duration, and 
extensions of leave, payment of disability income, accrual of seniority 
and any other benefit or service, and reinstatement, and under any 
fringe benefit offered to employees by virtue of employment.
    (d) Pregnancy leave. In the case of a recipient that does not 
maintain a leave policy for its employees, or in the case of an 
employee with insufficient leave or accrued employment time to qualify 
for leave under such a policy, a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy, and recovery 
therefrom as a justification for a leave of absence without pay for a 
reasonable period of time, at the conclusion of which the employee 
shall be reinstated to the status that she held when the leave began or 
to a comparable position, without decrease in rate of compensation or 
loss of promotional opportunities, or any other right or privilege of 
employment.


Sec. __.535  Effect of state or local law or other requirements.

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


Sec. __.540  Advertising.

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


Sec. __.545  Pre-employment inquiries.

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


Sec. __.550  Sex as a bona fide occupational qualification.

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

Subpart F--Procedures


Sec. __.600  Notice of covered programs.

    Within 60 days of September 29, 2000, each Federal agency that 
awards Federal financial assistance shall publish in the Federal 
Register a notice of the programs covered by these Title IX 
regulations. Each such Federal agency shall periodically republish the 
notice of covered programs to reflect changes in covered programs. 
Copies of this notice also shall be made available upon request to the 
Federal agency's office that enforces Title IX.

Final Adoption of the Common Rule

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

NUCLEAR REGULATORY COMMISSION

10 CFR Part 5

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

List of Subjects in 10 CFR Part 5

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

[[Page 52875]]

discrimination, State agreement program, Student aid, Women.

William D. Travers,
Executive Director for Operations, Nuclear Regulatory Commission.

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

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

Subpart A--Introduction
Sec.
5.100   Purpose and effective date.
5.105   Definitions.
5.110   Remedial and affirmative action and self-evaluation.
5.115   Assurance required.
5.120   Transfers of property.
5.125   Effect of other requirements.
5.130   Effect of employment opportunities.
5.135   Designation of responsible employee and adoption of 
grievance procedures.
5.140   Dissemination of policy.
Subpart B--Coverage
5.200   Application.
5.205   Educational institutions and other entities controlled by 
religious organizations.
5.210   Military and merchant marine educational institutions.
5.215   Membership practices of certain organizations.
5.220   Admissions.
5.225   Educational institutions eligible to submit transition 
plans.
5.230   Transition plans.
5.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
5.300   Admission.
5.305   Preference in admission.
5.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
5.400   Education programs or activities.
5.405   Housing.
5.410   Comparable facilities.
5.415   Access to course offerings.
5.420   Access to schools operated by LEAs.
5.425   Counseling and use of appraisal and counseling materials.
5.430   Financial assistance.
5.435   Employment assistance to students.
5.440   Health and insurance benefits and services.
5.445   Marital or parental status.
5.450   Athletics.
5.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
5.500   Employment.
5.505   Employment criteria.
5.510   Recruitment.
5.515   Compensation.
5.520   Job classification and structure.
5.525   Fringe benefits.
5.530   Marital or parental status.
5.535   Effect of state or local law or other requirements.
5.540   Advertising.
5.545   Pre-employment inquiries.
5.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
5.600   Notice of covered programs.
5.605   Enforcement procedures.

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


Sec. 5.105  [Amended]

    2. In Sec. 5.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Program Manager, Civil Rights Program'' is added in its place.

    3. In Sec. 5.105 in the definition of ``Title IX regulations,'' the 
brackets and text within brackets are removed and ``Secs. 5.100 through 
5.605'' is added in its place.

    4. Section 5.605 is added to read as follows:


Sec. 5.605  Enforcement procedures.

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

SMALL BUSINESS ADMINISTRATION

13 CFR Part 113

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

List of Subjects in 13 CFR Part 113

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Educational facilities, Equal employment opportunity, 
Grant programs--education, Loan programs--education, Reporting and 
recordkeeping requirements, Sex discrimination, Women.

Aida Alvarez,
Administrator, Small Business Administration.

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

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

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

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

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

Subpart A--General Provisions

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

Appendix A to Subpart A of Part 113

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

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

Sec.

Introduction

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

Coverage

113.200   Application.

113.205 Educational institutions and other entities controlled by 
religious organizations.

113.210   Military and merchant marine educational institutions.

[[Page 52876]]

113.215   Membership practices of certain organizations.
113.220   Admissions.
113.225   Educational institutions eligible to submit transition 
plans.
113.230   Transition plans.
113.235   Statutory amendments.

Discrimination on the Basis of Sex in Admission and Recruitment 
Prohibited

113.300   Admission.
113.305   Preference in admission.
113.310   Recruitment.

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

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

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

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

Procedures

113.600   Notice of covered programs.
113.605   Enforcement procedures.
Subpart B--Nondiscrimination on the Basis of Sex in Education Programs 
or Activities Receiving Federal Financial Assistance

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


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


Sec. 113.105  [Amended]

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

    8. Section 113.605 is added to read as follows:


Sec. 113.605  Enforcement procedures.

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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1253

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

List of Subjects in 14 CFR Part 1253

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

    Dated: June 1, 2000.
Daniel S. Goldin,
Administrator, National Aeronautics and Space Administration.

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

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

Subpart A--Introduction

Sec.
1253.100   Purpose and effective date.
1253.105   Definitions.
1253.110   Remedial and affirmative action and self-evaluation.
1253.115   Assurance required.
1253.120   Transfers of property.
1253.125   Effect of other requirements.
1253.130   Effect of employment opportunities.
1253.135   Designation of responsible employee and adoption of 
grievance procedures.
1253.140   Dissemination of policy.
Subpart B--Coverage
1253.200   Application.
1253.205   Educational institutions and other entities controlled by 
religious organizations.
1253.210   Military and merchant marine educational institutions.
1253.215   Membership practices of certain organizations.
1253.220   Admissions.
1253.225   Educational institutions eligible to submit transition 
plans.
1253.230   Transition plans.
1253.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
1253.300   Admission.
1253.305   Preference in admission.
1253.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
1253.400   Education programs or activities.
1253.405   Housing.
1253.410   Comparable facilities.
1253.415   Access to course offerings.
1253.420   Access to schools operated by LEAs.
1253.425   Counseling and use of appraisal and counseling materials.
1253.430   Financial assistance.
1253.435   Employment assistance to students.
1253.440   Health and insurance benefits and services.
1253.445   Marital or parental status.
1253.450   Athletics.
1253.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
1253.500   Employment.
1253.505   Employment criteria.
1253.510   Recruitment.
1253.515   Compensation.
1253.520   Job classification and structure.
1253.525   Fringe benefits.
1253.530   Marital or parental status.
1253.535   Effect of state or local law or other requirements.
1253.540   Advertising.
1253.545   Pre-employment inquiries.
1253.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
1253.600   Notice of covered programs.
1253.605   Enforcement procedures.

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


Sec. 1253.105  [Amended]

    2. In Sec. 1253.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Associate Administrator for Equal Opportunity Programs'' is added in 
its place.

    3. In Sec. 1253.105 in the definition of ``Title IX regulations,'' 
the brackets and

[[Page 52877]]

text within brackets are removed and ``Secs. 1253.100 through 
1253.605'' is added in its place.

    4. Section 1253.605 is added to read as follows:


Sec. 1253.605  Enforcement procedures.

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

DEPARTMENT OF COMMERCE

15 CFR Part 8a

RIN 0690-AA28

FOR FURTHER INFORMATION CONTACT: Lawrence N. Self, Acting Director, 
Office of Civil Rights, Department of Commerce, Room 6010, Washington, 
DC 20230 (202) 482-0625.

List of Subjects in 15 CFR Part 8a

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Equal educational 
opportunity, Equal employment opportunity, Grant programs--education, 
Reporting and recordkeeping requirements, Sex discrimination, Women.

Lawrence N. Self,
Acting Director, Office of Civil Rights, Department of Commerce.

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

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

Subpart A--Introduction
Sec.
8a.100   Purpose and effective date.
8a.105   Definitions.
8a.110   Remedial and affirmative action and self-evaluation.
8a.115   Assurance required.
8a.120   Transfers of property.
8a.125   Effect of other requirements.
8a.130   Effect of employment opportunities.
8a.135   Designation of responsible employee and adoption of 
grievance procedures.
8a.140   Dissemination of policy.
Subpart B--Coverage
8a.200   Application.
8a.205   Educational institutions and other entities controlled by 
religious organizations.
8a.210   Military and merchant marine educational institutions.
8a.215   Membership practices of certain organizations.
8a.220   Admissions.
8a.225   Educational institutions eligible to submit transition 
plans.
8a.230   Transition plans.
8a.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
8a.300   Admission.
8a.305   Preference in admission.
8a.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
8a.400   Education programs or activities.
8a.405   Housing.
8a.410   Comparable facilities.
8a.415   Access to course offerings.
8a.420   Access to schools operated by LEAs.
8a.425   Counseling and use of appraisal and counseling materials.
8a.430   Financial assistance.
8a.435   Employment assistance to students.
8a.440   Health and insurance benefits and services.
8a.445   Marital or parental status.
8a.450   Athletics.
8a.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
8a.500   Employment.
8a.505   Employment criteria.
8a.510   Recruitment.
8a.515   Compensation.
8a.520   Job classification and structure.
8a.525   Fringe benefits.
8a.530   Marital or parental status.
8a.535   Effect of state or local law or other requirements.
8a.540   Advertising.
8a.545   Pre-employment inquiries.
8a.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
8a.600   Notice of covered programs.
8a.605   Enforcement procedures.

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


Sec. 8a.105  [Amended]

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

    3. In Sec. 8a.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 8a.100 
through 8a.605'' is added in its place.

    4. Section 8a.605 is added to read as follows:


Sec. 8a.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 15 CFR 8.7 through 8.15, 
and 13 CFR part 317.

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1317

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

List of Subjects in 18 CFR Part 1317

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Equal educational opportunity, Equal 
employment opportunity, Marital status discrimination, Reporting and 
recordkeeping requirements, Sex discrimination, Women.

Franklin E. Alford,
Manager, Supplier and Diverse Business Relations, Tennessee Valley 
Authority.

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

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

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

[[Page 52878]]

Subpart B--Coverage
1317.200   Application.
1317.205   Educational institutions and other entities controlled by 
religious organizations.
1317.210   Military and merchant marine educational institutions.
1317.215   Membership practices of certain organizations.
1317.220   Admissions.
1317.225   Educational institutions eligible to submit transition 
plans.
1317.230   Transition plans.
1317.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited 1317.300 Admission.
1317.305   Preference in admission.
1317.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
1317.400   Education programs or activities.
1317.405   Housing.
1317.410   Comparable facilities.
1317.415   Access to course offerings.
1317.420   Access to schools operated by LEAs.
1317.425   Counseling and use of appraisal and counseling materials.
1317.430   Financial assistance.
1317.435   Employment assistance to students.
1317.440   Health and insurance benefits and services.
1317.445   Marital or parental status.
1317.450   Athletics.
1317.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
1317.500   Employment.
1317.505   Employment criteria.
1317.510   Recruitment.
1317.515   Compensation.
1317.520   Job classification and structure.
1317.525   Fringe benefits.
1317.530   Marital or parental status.
1317.535   Effect of state or local law or other requirements.
1317.540   Advertising.
1317.545   Pre-employment inquiries.
1317.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
1317.600   Notice of covered programs.
1317.605   Enforcement procedures.

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


Sec. 1317.105  [Amended]

    2. In Sec. 1317.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Manager, Supplier and Diverse Business Relations'' is added in its 
place.

    3. In Sec. 1317.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 1317.100 
through 1317.605'' is added in its place.

    4. Section 1317.605 is added to read as follows:


Sec. 1317.605  Enforcement procedures.

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

DEPARTMENT OF STATE

22 CFR Part 146

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

List of Subjects in 22 CFR Part 146

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

David G. Carpenter,
Acting Under Secretary of State for Management.

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

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

Subpart A--Introduction
Sec.
146.100   Purpose and effective date.
146.105   Definitions.
146.110   Remedial and affirmative action and self-evaluation.
146.115   Assurance required.
146.120   Transfers of property.
146.125   Effect of other requirements.
146.130   Effect of employment opportunities.
146.135   Designation of responsible employee and adoption of 
grievance procedures.
146.140   Dissemination of policy.
Subpart B--Coverage
146.200   Application
146.205   Educational institutions and other entities controlled by 
religious organizations.
146.210   Military and merchant marine educational institutions.
146.215   Membership practices of certain organizations.
146.220   Admissions.
146.225   Educational institutions eligible to submit transition 
plans.
146.230   Transition plans.
146.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
146.300   Admission.
146.305   Preference in admission.
146.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
146.400   Education programs or activities.
146.405   Housing.
146.410   Comparable facilities.
146.415   Access to course offerings.
146.420   Access to schools operated by LEAs.
146.425   Counseling and use of appraisal and counseling materials.
146.430   Financial assistance.
146.435   Employment assistance to students.
146.440   Health and insurance benefits and services.
146.445   Marital or parental status.
146.450   Athletics.
146.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
146.500   Employment.
146.505   Employment criteria.
146.510   Recruitment.
146.515   Compensation.
146.520   Job classification and structure.
146.525   Fringe benefits.
146.530   Marital or parental status.
146.535   Effect of state or local law or other requirements.
146.540   Advertising.
146.545   Pre-employment inquiries.
146.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
146.600   Notice of covered programs.
146.605   Enforcement procedures.

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


Sec. 146.105  [Amended]

    2. In Sec. 146.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Deputy Assistant Secretary for the Office of Equal Employment 
Opportunity and Civil Rights' is added in its place.

    3. In Sec. 146.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 146.100 
through 146.605'' is added in its place.

    4. Section 146.605 is added to read as follows:

[[Page 52879]]

Sec. 146.605  Enforcement procedures.

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

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 229

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

List of Subjects in 22 CFR Part 229

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

Jessalyn L. Pendarvis,
Director, Office of Equal Opportunity Programs, Agency for 
International Development.

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

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

Subpart A--Introduction
Sec.
229.100   Purpose and effective date.
229.105   Definitions.
229.110   Remedial and affirmative action and self-evaluation.
229.115   Assurance required.
229.120   Transfers of property.
229.125   Effect of other requirements.
229.130   Effect of employment opportunities.
229.135   Designation of responsible employee and adoption of 
grievance procedures.
229.140   Dissemination of policy.
Subpart B--Coverage
229.200   Application.
229.205   Educational institutions and other entities controlled by 
religious organizations.
229.210   Military and merchant marine educational institutions.
229.215   Membership practices of certain organizations.
229.220   Admissions.
229.225   Educational institutions eligible to submit transition 
plans.
229.230   Transition plans.
229.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
229.300   Admission.
229.305   Preference in admission.
229.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
229.400   Education programs or activities.
229.405   Housing.
229.410   Comparable facilities.
229.415   Access to course offerings.
229.420   Access to schools operated by LEAs.
229.425   Counseling and use of appraisal and counseling materials.
229.430   Financial assistance.
229.435   Employment assistance to students.
229.440   Health and insurance benefits and services.
229.445   Marital or parental status.
229.450   Athletics.
229.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
229.500   Employment.
229.505   Employment criteria.
229.510   Recruitment.
229.515   Compensation.
229.520   Job classification and structure.
229.525   Fringe benefits.
229.530   Marital or parental status.
229.535   Effect of state or local law or other requirements.
229.540   Advertising.
229.545   Pre-employment inquiries.
229.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
229.600   Notice of covered programs.
229.605   Enforcement procedures.

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


Sec. 229.105  [Amended]

    2. In Sec. 229.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Office of Equal Opportunity Programs'' is added in its 
place.

    3. In Sec. 229.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 229.100 
through 229.605'' is added in its place.

    4. Section 229.605 is added to read as follows:


Sec. 229.605  Enforcement procedures.

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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3

[Agency Docket No. FR-4301-F-02]

RIN 2501-AC42

FOR FURTHER INFORMATION CONTACT: David H. Enzel, Deputy Assistant 
Secretary for Enforcement and Programs, Office of Fair Housing and 
Equal Opportunity, Department of Housing and Urban Development, 451 
Seventh Street, Washington, D.C. 20410-0500, (202) 708-0836. (This 
telephone number is not toll-free.) Hearing or speech-impaired persons 
may access this number via TTY by calling the Federal Information Relay 
Service at (800) 877-8339.

List of Subjects in 24 CFR Part 3

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

Andrew Cuomo,
Secretary of Housing and Urban Development.

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

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

Subpart A--Introduction
Sec.
3.100   Purpose and effective date.
3.105   Definitions.
3.110   Remedial and affirmative action and self-evaluation.
3.115   Assurance required.

[[Page 52880]]

3.120   Transfers of property.
3.125   Effect of other requirements.
3.130   Effect of employment opportunities.
3.135   Designation of responsible employee and adoption of 
grievance procedures.
3.140   Dissemination of policy.
Subpart B--Coverage
3.200   Application.
3.205   Educational institutions and other entities controlled by 
religious organizations.
3.210   Military and merchant marine educational institutions.
3.215   Membership practices of certain organizations.
3.220   Admissions.
3.225   Educational institutions eligible to submit transition 
plans.
3.230   Transition plans.
3.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
3.300   Admission.
3.305   Preference in admission.
3.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
3.400   Education programs or activities.
3.405   Housing.
3.410   Comparable facilities.
3.415   Access to course offerings.
3.420   Access to schools operated by LEAs.
3.425   Counseling and use of appraisal and counseling materials.
3.430   Financial assistance.
3.435   Employment assistance to students.
3.440   Health and insurance benefits and services.
3.445   Marital or parental status.
3.450   Athletics.
3.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
3.500   Employment.
3.505   Employment criteria.
3.510   Recruitment.
3.515   Compensation.
3.520   Job classification and structure.
3.525   Fringe benefits.
3.530   Marital or parental status.
3.535   Effect of state or local law or other requirements.
3.540   Advertising.
3.545   Pre-employment inquiries.
3.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
3.600   Notice of covered programs.
3.605   Enforcement procedures.

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


Sec. 3.105  [Amended]

    2. In Sec. 3.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Assistant Secretary for Fair Housing and Equal Opportunity'' is added 
in its place.

    3. In Sec. 3.105 in the definition of ``Title IX regulations,'' the 
brackets and text within brackets are removed and ``Secs. 3.100 through 
3.605'' is added in its place.

    4. Section 3.605 is added to read as follows:


Sec. 3.605  Enforcement procedures.

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

DEPARTMENT OF JUSTICE

28 CFR Part 54

[AG Order No. 2320-2000]

RIN 1190-AA28

FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief, 
Federal Coordination and Compliance Section, Civil Rights Division, Department of 
Justice, P.O. Box 66560, Washington, D.C. 20036-6560, (202) 307-2222.

List of Subjects in 28 CFR Part 54

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

    Dated: August 10, 2000.
Janet Reno,
Attorney General.
    For the reasons stated in the preamble, the Department of Justice 
amends 28 CFR chapter I, as follows:

    1. Part 54 is added as set forth at the end of the common preamble 
to read as follows:

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

Subpart A--Introduction
Sec.
54.100   Purpose and effective date.
54.105   Definitions.
54.110   Remedial and affirmative action and self-evaluation.
54.115   Assurance required.
54.120   Transfers of property.
54.125   Effect of other requirements.
54.130   Effect of employment opportunities.
54.135   Designation of responsible employee and adoption of 
grievance procedures.
54.140   Dissemination of policy.
Subpart B--Coverage
54.200   Application.
54.205   Educational institutions and other entities controlled by 
religious organizations.
54.210   Military and merchant marine educational institutions.
54.215   Membership practices of certain organizations.
54.220   Admissions.
54.225   Educational institutions eligible to submit transition 
plans.
54.230   Transition plans.
54.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
54.300   Admission.
54.305   Preference in admission.
54.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
54.400   Education programs or activities.
54.405   Housing.
54.410   Comparable facilities.
54.415   Access to course offerings.
54.420   Access to schools operated by LEAs.
54.425   Counseling and use of appraisal and counseling materials.
54.430   Financial assistance.
54.435   Employment assistance to students.
54.440   Health and insurance benefits and services.
54.445   Marital or parental status.
54.450   Athletics.
54.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
54.500   Employment.
54.505   Employment criteria.
54.510   Recruitment.
54.515   Compensation.
54.520   Job classification and structure.
54.525   Fringe benefits.
54.530   Marital or parental status.
54.535   Effect of state or local law or other requirements.
54.540   Advertising.
54.545   Pre-employment inquiries.
54.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
54.600   Notice of covered programs.
54.605   Enforcement procedures.

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


Sec. 54.105  [Amended]

    2. In Sec. 54.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and ``the 
Assistant Attorney

[[Page 52881]]

General, Civil Rights Division'' is added in its place.

    3. In Sec. 54.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 54.100 
through 54.605'' is added in its place.

    4. Section 54.605 is added to read as follows:


Sec. 54.605  Enforcement procedures.

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

DEPARTMENT OF LABOR

29 CFR Part 36

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

List of Subjects in 29 CFR Part 36

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

Alexis M. Herman,
Secretary of Labor.

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

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

Subpart A--Introduction
Sec.
36.100   Purpose and effective date.
36.105   Definitions.
36.110   Remedial and affirmative action and self-evaluation.
36.115   Assurance required.
36.120   Transfers of property.
36.125   Effect of other requirements.
36.130   Effect of employment opportunities.
36.135   Designation of responsible employee and adoption of 
grievance procedures.
36.140   Dissemination of policy.
Subpart B--Coverage
36.200   Application.
36.205   Educational institutions and other entities controlled by 
religious organizations.
36.210   Military and merchant marine educational institutions.
36.215   Membership practices of certain organizations.
36.220   Admissions.
36.225   Educational institutions eligible to submit transition 
plans.
36.230   Transition plans.
36.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
36.300   Admission.
36.305   Preference in admission.
36.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
36.400   Education programs or activities.
36.405   Housing.
36.410   Comparable facilities.
36.415   Access to course offerings.
36.420   Access to schools operated by LEAs.
36.425   Counseling and use of appraisal and counseling materials.
36.430   Financial assistance.
36.435   Employment assistance to students.
36.440   Health and insurance benefits and services.
36.445   Marital or parental status.
36.450   Athletics.
36.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
36.500   Employment.
36.505   Employment criteria.
36.510   Recruitment.
36.515   Compensation.
36.520   Job classification and structure.
36.525   Fringe benefits.
36.530   Marital or parental status.
36.535   Effect of state or local law or other requirements.
36.540   Advertising.
36.545   Pre-employment inquiries.
36.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
36.600   Notice of covered programs.
36.605   Enforcement procedures.
36.610   [Reserved]

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


Sec. 36.105  [Amended]

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


Sec. 36.605  Enforcement procedures.

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


Sec. 36.610  [Reserved]

DEPARTMENT OF THE TREASURY

31 CFR Part 28

FOR FURTHER INFORMATION CONTACT: Marcia H. Coates, Director, Office of 
Equal Opportunity Program, 1500 Pennsylvania Avenue, N.W., Room 6069 
Metropolitan Square, Washington, D.C. 20220, (202) 622-1170.

List of Subjects in 31 CFR Part 28

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

Lisa G. Ross,
Acting Assistant Secretary for Management and Chief Financial Officer, 
Department of the Treasury.

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

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

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

[[Page 52882]]

28.140   Dissemination of policy.
Subpart B--Coverage
28.200   Application.
28.205   Educational institutions and other entities controlled by 
religious organizations.
28.210   Military and merchant marine educational institutions.
28.215   Membership practices of certain organizations.
28.220   Admissions.
28.225   Educational institutions eligible to submit transition 
plans.
28.230   Transition plans.
28.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
28.300   Admission.
28.305   Preference in admission.
28.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
28.400   Education programs or activities.
28.405   Housing.
28.410   Comparable facilities.
28.415   Access to course offerings.
28.420   Access to schools operated by LEAs.
28.425   Counseling and use of appraisal and counseling materials.
28.430   Financial assistance.
28.435   Employment assistance to students.
28.440   Health and insurance benefits and services.
28.445   Marital or parental status.
28.450   Athletics.
28.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
28.500   Employment.
28.505   Employment criteria.
28.510   Recruitment.
28.515   Compensation.
28.520   Job classification and structure.
28.525   Fringe benefits.
28.530   Marital or parental status.
28.535   Effect of state or local law or other requirements.
28.540   Advertising.
28.545   Pre-employment inquiries.
28.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
28.600   Notice of covered programs.
28.605   Compliance information.
28.610   Conduct of investigations.
28.615   Procedure for effecting compliance.
28.620   Hearings.
28.625   Decisions and notices.
28.630   Judicial review.
28.635   Forms and instructions; coordination.

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


Sec. 28.105  [Amended]

    2. In Sec. 28.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Assistant Secretary for Management and Chief Financial Officer'' is 
added in its place.

    3. In Sec. 28.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 28.100 
through 28.635'' is added in its place.

    4. In Sec. 28.105 add new definitions in alphabetical order to read 
as follows:


Sec. 28.105  Definitions.

* * * * *
    Department means Department of the Treasury.
* * * * *
    Reviewing authority means that component of the Department 
delegated authority to review the decisions of hearing officers in 
cases arising under these Title IX regulations.
    Secretary means Secretary of the Treasury.
* * * * *

    5. Sections 28.605, 28.610, 26.615, 28.620, 28.625, 28.630, and 
28.635 are added to read as follows:


Sec. 28.605  Compliance information.

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


Sec. 28.610  Conduct of investigations.

    (a) Periodic compliance reviews. The designated agency official (or 
designee) shall from time to time review the practices of recipients to 
determine whether they are complying with these Title IX regulations.
    (b) Complaints. Any person who believes himself or herself or any 
specific class of individuals to be subjected to discrimination 
prohibited by these Title IX regulations may by himself or herself or 
by a representative file with the designated agency official (or 
designee) a written complaint. A complaint must be filed not later than 
180 days from the date of the alleged discrimination, unless the time 
for filing is extended by the designated agency official (or designee).
    (c) Investigations. The designated agency official (or designee) 
will make a prompt investigation whenever a compliance review, report, 
complaint, or any other information indicates a possible failure to 
comply with these Title IX regulations. The investigation should 
include, where appropriate, a review of the pertinent practices and 
policies of the recipient, the circumstances under which the possible 
noncompliance with these Title IX regulations occurred, and other 
factors relevant to a determination as to

[[Page 52883]]

whether the recipient has failed to comply with these Title IX 
regulations.
    (d) Resolution of matters. (1) If an investigation pursuant to 
paragraph (c) of this section indicates a failure to comply with these 
Title IX regulations, the designated agency official (or designee) will 
so inform the recipient and the matter will be resolved by informal 
means whenever possible. If it has been determined that the matter 
cannot be resolved by informal means, action will be taken as provided 
for in Sec. 28.615.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d)(1) of this section the designated agency official (or 
designee) will so inform the recipient and the complainant, if any, in 
writing.
    (e) Intimidatory or retaliatory acts prohibited. No recipient or 
other person shall intimidate, threaten, coerce, or discriminate 
against any individual for the purpose of interfering with any right or 
privilege secured by Title IX or these Title IX regulations, or because 
he or she has made a complaint, testified, assisted, or participated in 
any manner in an investigation, proceeding or hearing under these Title 
IX regulations. The identity of complainants shall be kept confidential 
except to the extent necessary to carry out the purposes of these Title 
IX regulations, including the conduct of any investigation, hearing, or 
judicial proceeding arising under these Title IX regulations.


Sec. 28.615  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with these Title IX regulations, and if the noncompliance or 
threatened noncompliance cannot be corrected by informal means, 
compliance with these Title IX regulations may be effected by the 
suspension or termination of or refusal to grant or to continue Federal 
financial assistance or by any other means authorized by law. Such 
other means may include, but are not limited to:
    (1) A reference to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States, or any assurance or 
other contractual undertaking; and
    (2) Any applicable proceeding under State or local law.
    (b) Noncompliance with Sec. 28.115. If an applicant fails or 
refuses to furnish an assurance or otherwise fails or refuses to comply 
with a requirement imposed by or pursuant to Sec. 28.115, Federal 
financial assistance may be refused in accordance with the procedures 
of paragraph (c) of this section. The Department shall not be required 
to provide assistance in such a case during the pendency of the 
administrative proceedings under paragraph (c) of this section except 
that the Department shall continue assistance during the pendency of 
such proceedings where such assistance is due and payable pursuant to 
an application therefor approved prior to September 29, 2000.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. (1) No order suspending, terminating or refusing 
to grant or continue Federal financial assistance shall become 
effective until:
    (i) The designated agency official has advised the applicant or 
recipient of its failure to comply and has determined that compliance 
cannot be secured by voluntary means;
    (ii) There has been an express finding on the record, after 
opportunity for hearing, of a failure by the applicant or recipient to 
comply with a requirement imposed by or pursuant to these Title IX 
regulations; and
    (iii) The expiration of 30 days after the Secretary has filed with 
the committee of the House, and the committee of the Senate having 
legislative jurisdiction over the program involved, a full written 
report of the circumstances and the grounds for such action.
    (2) Any action to suspend or terminate or to refuse to grant or to 
continue Federal financial assistance shall be limited to the 
particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.
    (d) Other means authorized by law. (1) No action to effect 
compliance by any other means authorized by law shall be taken until:
    (i) The designated agency official has determined that compliance 
cannot be secured by voluntary means;
    (ii) The recipient has been notified of its failure to comply and 
of the action to be taken to effect compliance; and
    (iii) The expiration of at least 10 days from the mailing of such 
notice to the recipient.
    (2) During this period of at least 10 days additional efforts shall 
be made to persuade the recipient to comply with these Title IX 
regulations and to take such corrective action as may be appropriate.


Sec. 28.620  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 28.615(c), reasonable notice shall be given by 
registered or certified mail, return receipt requested, to the affected 
applicant or recipient. This notice shall advise the applicant or 
recipient of the action proposed to be taken, the specific provision 
under which the proposed action against it is to be taken, and the 
matters of fact or law asserted as the basis for this action, and 
either:
    (1) Fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the designated 
agency official that the matter be scheduled for hearing; or
    (2) Advise the applicant or recipient that the matter in question 
has been set down for hearing at a stated place and time. The time and 
place so fixed shall be reasonable and shall be subject to change for 
cause. The complainant, if any, shall be advised of the time and place 
of the hearing. An applicant or recipient may waive a hearing and 
submit written information and argument for the record. The failure of 
an applicant or recipient to request a hearing for which a date has 
been set shall be deemed to be a waiver of the right to a hearing under 
20 U.S.C. 1682 and Sec. 28.615(c) and consent to the making of a 
decision on the basis of such information as may be filed as the 
record.
    (b) Time and place of hearing. Hearings shall be held at the 
offices of the Department in Washington, DC, at a time fixed by the 
designated agency official unless the official determines that the 
convenience of the applicant or recipient or of the Department requires 
that another place be selected. Hearings shall be held before a hearing 
officer designated in accordance with 5 U.S.C. 556(b).
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and the Department shall have the right to be 
represented by counsel.
    (d) Procedures, evidence, and record. (1) The hearing, decision, 
and any administrative review thereof shall be conducted in conformity 
with 5 U.S.C. 554-557 (sections 5-8 of the Administrative Procedure 
Act), and in accordance with such rules of procedure as are proper (and 
not inconsistent with this section) relating to the conduct of the 
hearing, giving of notices subsequent to those provided for in 
paragraph (a) of this section, taking of testimony, exhibits, arguments 
and briefs, requests for findings, and other related matters. Both the 
Department and the applicant or recipient shall be

[[Page 52884]]

entitled to introduce all relevant evidence on the issues as stated in 
the notice for hearing or as determined by the hearing officer at the 
outset of or during the hearing. Any person (other than a Government 
employee considered to be on official business) who, having been 
invited or requested to appear and testify as a witness on the 
Government's behalf, attends at a time and place scheduled for a 
hearing provided for by these Title IX regulations, may be reimbursed 
for his or her travel and actual expenses of attendance in an amount 
not to exceed the amount payable under the standardized travel 
regulations to a Government employee traveling on official business.
    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to these Title IX regulations, but rules or 
principles designed to assure production of the most credible evidence 
available and to subject testimony to test by cross-examination shall 
be applied where reasonably necessary by the hearing officer. The 
hearing officer may exclude irrelevant, immaterial, or unduly 
repetitious evidence. All documents and other evidence offered or taken 
for the record shall be open to examination by the parties and 
opportunity shall be given to refute facts and arguments advanced on 
either side of the issues. A transcript shall be made of the oral 
evidence except to the extent the substance thereof is stipulated for 
the record. All decisions shall be based upon the hearing record and 
written findings shall be made.
    (e) Consolidated or Joint Hearings. In cases in which the same or 
related facts are asserted to constitute noncompliance with these Title 
IX regulations with respect to two or more programs to which these 
Title IX regulations apply, or noncompliance with these Title IX 
regulations and the regulations of one or more other Federal 
departments or agencies issued under Title IX, the designated agency 
official may, by agreement with such other departments or agencies 
where applicable, provide for the conduct of consolidated or joint 
hearings, and for the application to such hearings of rules of 
procedures not inconsistent with these Title IX regulations. Final 
decisions in such cases, insofar as these Title IX regulations are 
concerned, shall be made in accordance with Sec. 28.625.


Sec. 28.625  Decisions and notices.

    (a) Decisions by hearing officers. After a hearing is held by a 
hearing officer such hearing officer shall either make an initial 
decision, if so authorized, or certify the entire record including 
recommended findings and proposed decision to the reviewing authority 
for a final decision, and a copy of such initial decision or 
certification shall be mailed to the applicant or recipient and to the 
complainant, if any. Where the initial decision referred to in this 
paragraph or in paragraph (c) of this section is made by the hearing 
officer, the applicant or recipient or the counsel for the Department 
may, within the period provided for in the rules of procedure issued by 
the designated agency official, file with the reviewing authority 
exceptions to the initial decision, with the reasons therefor. Upon the 
filing of such exceptions the reviewing authority shall review the 
initial decision and issue its own decision thereof including the 
reasons therefor. In the absence of exceptions the initial decision 
shall constitute the final decision, subject to the provisions of 
paragraph (e) of this section.
    (b) Decisions on record or review by the reviewing authority. 
Whenever a record is certified to the reviewing authority for decision 
or it reviews the decision of a hearing officer pursuant to paragraph 
(a) or (c) of this section, the applicant or recipient shall be given 
reasonable opportunity to file with it briefs or other written 
statements of its contentions, and a copy of the final decision of the 
reviewing authority shall be given in writing to the applicant or 
recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 28.620, the reviewing authority 
shall make its final decision on the record or refer the matter to a 
hearing officer for an initial decision to be made on the record. A 
copy of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.
    (d) Rulings required. Each decision of a hearing officer or 
reviewing authority shall set forth a ruling on each finding, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to these Title IX regulations 
with which it is found that the applicant or recipient has failed to 
comply.
    (e) Review in certain cases by the Secretary of the Treasury. If 
the Secretary has not personally made the final decision referred to in 
paragraph (a), (b), or (c) of this section, a recipient or applicant or 
the counsel for the Department may request the Secretary to review a 
decision of the reviewing authority in accordance with rules of 
procedure issued by the designated agency official. Such review is not 
a matter of right and shall be granted only where the Secretary 
determines there are special and important reasons therefor. The 
Secretary may grant or deny such request, in whole or in part. The 
Secretary also may review such a decision upon his own motion in 
accordance with rules of procedure issued by the designated agency 
official. In the absence of a review under this paragraph (e), a final 
decision referred to in paragraph (a), (b), or (c) of this section 
shall become the final decision of the Department when the Secretary 
transmits it as such to congressional committees with the report 
required under 20 U.S.C. 1682. Failure of an applicant or recipient to 
file an exception with the reviewing authority or to request review 
under this paragraph (e) shall not be deemed a failure to exhaust 
administrative remedies for the purpose of obtaining judicial review.
    (f) Content of orders. The final decision may provide for 
suspension or termination of, or refusal to grant or continue Federal 
financial assistance, in whole or in part, to which these Title IX 
regulations apply, and may contain such terms, conditions, and other 
provisions as are consistent with and will effectuate the purposes of 
Title IX and these Title IX regulations, including provisions designed 
to assure that no Federal financial assistance to which these Title IX 
regulations apply will thereafter be extended under such law or laws to 
the applicant or recipient determined by such decision to be in default 
in its performance of an assurance given by it pursuant to these Title 
IX regulations, or to have otherwise failed to comply with these Title 
IX regulations unless and until it corrects its noncompliance and 
satisfies the designated agency official that it will fully comply with 
these Title IX regulations.
    (g) Post-termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
these Title IX regulations and provides reasonable assurance that it 
will fully comply with these Title IX regulations. An elementary or 
secondary school or school system that is unable to file an assurance 
of compliance shall be restored to full eligibility to receive Federal 
financial assistance if it files a court order or a plan for 
desegregation that meets the applicable requirements and provides 
reasonable assurance that

[[Page 52885]]

it will comply with the court order or plan.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the designated agency official to restore fully its eligibility 
to receive Federal financial assistance. Any such request shall be 
supported by information showing that the applicant or recipient has 
met the requirements of paragraph (g)(1) of this section. If the 
designated agency official determines that those requirements have been 
satisfied, the official shall restore such eligibility.
    (3) If the designated agency official denies any such request, the 
applicant or recipient may submit a request for a hearing in writing, 
specifying why it believes such official to have been in error. It 
shall thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the designated 
agency official. The applicant or recipient will be restored to such 
eligibility if it proves at such hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings 
under this paragraph (g) are pending, the sanctions imposed by the 
order issued under paragraph (f) of this section shall remain in 
effect.


Sec. 28.630  Judicial review.

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


Sec. 28.635  Forms and instructions; coordination.

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

DEPARTMENT OF DEFENSE

32 CFR Part 196

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

List of Subjects in 32 CFR Part 196

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

    Dated: July 10, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

    For the reasons stated in the preamble, the Department of Defense 
amends 32 CFR chapter I, subchapter M, as follows:
    1. Part 196 is added as set forth at the end of the common preamble 
to read as follows:

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

Subpart A--Introduction

Sec.
196.100   Purpose and effective date.
196.105   Definitions.
196.110   Remedial and affirmative action and self-evaluation.
196.115   Assurance required.
196.120   Transfers of property.
196.125   Effect of other requirements.
196.130   Effect of employment opportunities.
196.135   Designation of responsible employee and adoption of 
grievance procedures.
196.140   Dissemination of policy.
Subpart B--Coverage
196.200   Application.
196.205   Educational institutions and other entities controlled by 
religious organizations.
196.210   Military and merchant marine educational institutions.
196.215   Membership practices of certain organizations.
196.220   Admissions.
196.225   Educational institutions eligible to submit transition 
plans.
196.230   Transition plans.
196.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
196.300   Admission.
196.305   Preference in admission.
196.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
196.400   Education programs or activities.
196.405   Housing.
196.410   Comparable facilities.
196.415   Access to course offerings.
196.420   Access to schools operated by LEAs.
196.425   Counseling and use of appraisal and counseling materials.
196.430   Financial assistance.
196.435   Employment assistance to students.
196.440   Health and insurance benefits and services.
196.445   Marital or parental status.
196.450   Athletics.
196.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
196.500   Employment.
196.505   Employment criteria.
196.510   Recruitment.
196.515   Compensation.
196.520   Job classification and structure.
196.525   Fringe benefits.
196.530   Marital or parental status.
196.535   Effect of state or local law or other requirements.
196.540   Advertising.
196.545   Pre-employment inquiries.
196.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
196.600   Notice of covered programs.
196.605   Enforcement procedures.

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


Sec. 196.105  [Amended]

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

    4. Section 196.605 is added to read as follows:


Sec. 196.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of

[[Page 52886]]

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

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1211

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

List of Subjects in 36 CFR Part 1211

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

John W. Carlin,
Archivist of the United States.

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

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

Subpart A--Introduction

Sec.
1211.100   Purpose and effective date.
1211.105   Definitions.
1211.110   Remedial and affirmative action and self-evaluation.
1211.115   Assurance required.
1211.120   Transfers of property.
1211.125   Effect of other requirements.
1211.130   Effect of employment opportunities.
1211.135   Designation of responsible employee and adoption of 
grievance procedures.
1211.140   Dissemination of policy.
Subpart B--Coverage
1211.200   Application.
1211.205   Educational institutions and other entities controlled by 
religious organizations.
1211.210   Military and merchant marine educational institutions.
1211.215   Membership practices of certain organizations.
1211.220   Admissions.
1211.225   Educational institutions eligible to submit transition 
plans.
1211.230   Transition plans.
1211.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
1211.300   Admission.
1211.305   Preference in admission.
1211.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
1211.400   Education programs or activities.
1211.405   Housing.
1211.410   Comparable facilities.
1211.415   Access to course offerings.
1211.420   Access to schools operated by LEAs.
1211.425   Counseling and use of appraisal and counseling materials.
1211.430   Financial assistance.
1211.435   Employment assistance to students.
1211.440   Health and insurance benefits and services.
1211.445   Marital or parental status.
1211.450   Athletics.
1211.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
1211.500   Employment.
1211.505   Employment criteria.
1211.510   Recruitment.
1211.515   Compensation.
1211.520   Job classification and structure.
1211.525   Fringe benefits.
1211.530   Marital or parental status.
1211.535   Effect of state or local law or other requirements.
1211.540   Advertising.
1211.545   Pre-employment inquiries.
1211.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
1211.600   Notice of covered programs.
1211.605   Compliance information.
1211.610   Conduct of investigations.
1211.615   Procedure for effecting compliance.
1211.620   Hearings.
1211.625   Decisions and notices.
1211.630   Judicial review.
1211.635   Forms and instructions; coordination.

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


Sec. 1211.105  [Amended]

    2. In Sec. 1211.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Executive Director, National Historical Publications and Records 
Commission'' is added in its place.

    3. In Sec. 1211.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``36 CFR 1211.100 
through 1211.635'' is added in its place.

    4. Sections 1211.605, 1211.610, 1211.615, 1211.620, 1211.625, 
1211.630 and 1211.635 are added to read as follows:


Sec. 1211.605  Compliance information.

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

[[Page 52887]]

and other interested persons such information regarding the provisions 
of these Title IX regulations and their applicability to the program 
for which the recipient receives Federal financial assistance, and make 
such information available to them in such manner, as the designated 
agency official finds necessary to apprise such persons of the 
protections against discrimination assured them by Title IX and these 
Title IX regulations.


Sec. 1211.610  Conduct of investigations.

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


Sec. 1211.615  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with these Title IX regulations, and if the noncompliance or 
threatened noncompliance cannot be corrected by informal means, 
compliance with these Title IX regulations may be effected by the 
suspension or termination of or refusal to grant or to continue Federal 
financial assistance or by any other means authorized by law. Such 
other means may include, but are not limited to:
    (1) A reference to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States, or any assurance or 
other contractual undertaking; and
    (2) Any applicable proceeding under State or local law.
    (b) Noncompliance with Sec. 1211.115. If an applicant fails or 
refuses to furnish an assurance or otherwise fails or refuses to comply 
with a requirement imposed by or pursuant to Sec. 1211.115, Federal 
financial assistance may be refused in accordance with the procedures 
of paragraph (c) of this section. The agency shall not be required to 
provide assistance in such a case during the pendency of the 
administrative proceedings under paragraph (c) of this section except 
that the agency shall continue assistance during the pendency of such 
proceedings where such assistance is due and payable pursuant to an 
application therefor approved prior to September 29, 2000.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. (1) No order suspending, terminating, or refusing 
to grant or continue Federal financial assistance shall become 
effective until:
    (i) The designated agency official has advised the applicant or 
recipient of its failure to comply and has determined that compliance 
cannot be secured by voluntary means;
    (ii) There has been an express finding on the record, after 
opportunity for hearing, of a failure by the applicant or recipient to 
comply with a requirement imposed by or pursuant to these Title IX 
regulations; and
    (iii) The expiration of 30 days after the Archivist has filed with 
the committee of the House, and the committee of the Senate having 
legislative jurisdiction over the program involved, a full written 
report of the circumstances and the grounds for such action.
    (2) Any action to suspend or terminate or to refuse to grant or to 
continue Federal financial assistance shall be limited to the 
particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.
    (d) Other means authorized by law. (1) No action to effect 
compliance by any other means authorized by law shall be taken until:
    (i) The designated agency official has determined that compliance 
cannot be secured by voluntary means;
    (ii) The recipient has been notified of its failure to comply and 
of the action to be taken to effect compliance; and
    (iii) The expiration of at least 10 days from the mailing of such 
notice to the recipient.
    (2) During this period of at least 10 days additional efforts shall 
be made to persuade the recipient to comply with these Title IX 
regulations and to take such corrective action as may be appropriate.


Sec. 1211.620  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 1211.615(c), reasonable notice shall be given by 
registered or certified mail, return receipt requested, to the affected 
applicant or recipient. This notice shall advise the applicant or 
recipient of the action proposed to be taken, the specific provision 
under which the proposed action against it is to be taken, and the 
matters of fact or law asserted as the basis for this action, and 
either:
    (1) Fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the designated 
agency official that the matter be scheduled for hearing; or
    (2) Advise the applicant or recipient that the matter in question 
has been set down for hearing at a stated place and time. The time and 
place so fixed shall

[[Page 52888]]

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


Sec. 1211.625  Decisions and notices.

    (a) Decisions by hearing officers. After a hearing is held by a 
hearing officer such hearing officer shall either make an initial 
decision, if so authorized, or certify the entire record including 
recommended findings and proposed decision to the reviewing authority 
for a final decision, and a copy of such initial decision or 
certification shall be mailed to the applicant or recipient and to the 
complainant, if any. Where the initial decision referred to in this 
paragraph or in paragraph (c) of this section is made by the hearing 
officer, the applicant or recipient or the counsel for the agency may, 
within the period provided for in the rules of procedure issued by the 
designated agency official, file with the reviewing authority 
exceptions to the initial decision, with the reasons therefor. Upon the 
filing of such exceptions the reviewing authority shall review the 
initial decision and issue its own decision thereof including the 
reasons therefor. In the absence of exceptions the initial decision 
shall constitute the final decision, subject to the provisions of 
paragraph (e) of this section.
    (b) Decisions on record or review by the reviewing authority. 
Whenever a record is certified to the reviewing authority for decision 
or it reviews the decision of a hearing officer pursuant to paragraph 
(a) or (c) of this section, the applicant or recipient shall be given 
reasonable opportunity to file with it briefs or other written 
statements of its contentions, and a copy of the final decision of the 
reviewing authority shall be given in writing to the applicant or 
recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 1211.620, the reviewing authority 
shall make its final decision on the record or refer the matter to a 
hearing officer for an initial decision to be made on the record. A 
copy of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.
    (d) Rulings required. Each decision of a hearing officer or 
reviewing authority shall set forth a ruling on each finding, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to these Title IX regulations 
with which it is found that the applicant or recipient has failed to 
comply.
    (e) Review in certain cases by the Archivist of the United States. 
If the Archivist has not personally made the final decision referred to 
in paragraph (a), (b), or (c) of this section, a recipient or applicant 
or the counsel for the agency may request the Archivist to review a 
decision of the reviewing authority in accordance with rules of 
procedure issued by the designated agency official. Such review is not 
a matter of right and shall be granted only where the Archivist 
determines there are special and important reasons therefor. The 
Archivist may grant or deny such request, in whole or in part. The 
Archivist may also review such a decision upon his own motion in 
accordance with rules of procedure issued by the National Archives and 
Records Administration. In the absence of a review under this paragraph 
(e), a final decision referred to in paragraph (a), (b), or (c) of this 
section shall become the final decision of the agency when the 
Archivist transmits it as such to Congressional committees with the 
report required under 20 U.S.C. 1682. Failure of an applicant or 
recipient to file an exception with the reviewing authority or to 
request review under this paragraph (e) shall not be deemed a failure 
to exhaust administrative remedies for the purpose of obtaining 
judicial review.

[[Page 52889]]

    (f) Content of orders. The final decision may provide for 
suspension or termination of, or refusal to grant or continue Federal 
financial assistance, in whole or in part, to which these Title IX 
regulations apply, and may contain such terms, conditions, and other 
provisions as are consistent with and will effectuate the purposes of 
Title IX and these Title IX regulations, including provisions designed 
to assure that no Federal financial assistance to which these Title IX 
regulations apply will thereafter be extended under such law or laws to 
the applicant or recipient determined by such decision to be in default 
in its performance of an assurance given by it pursuant to these Title 
IX regulations, or to have otherwise failed to comply with these Title 
IX regulations unless and until it corrects its noncompliance and 
satisfies the designated agency official that it will fully comply with 
these Title IX regulations.
    (g) Post-termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
these Title IX regulations and provides reasonable assurance that it 
will fully comply with these Title IX regulations. An elementary or 
secondary school or school system that is unable to file an assurance 
of compliance shall be restored to full eligibility to receive Federal 
financial assistance if it files a court order or a plan for 
desegregation that meets the applicable requirements and provides 
reasonable assurance that it will comply with the court order or plan.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the designated agency official to restore fully its eligibility 
to receive Federal financial assistance. Any such request shall be 
supported by information showing that the applicant or recipient has 
met the requirements of paragraph (g)(1) of this section. If the 
designated agency official determines that those requirements have been 
satisfied, the official shall restore such eligibility.
    (3) If the designated agency official denies any such request, the 
applicant or recipient may submit a request for a hearing in writing, 
specifying why it believes such official to have been in error. It 
shall thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the designated 
agency official. The applicant or recipient will be restored to such 
eligibility if it proves at such hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings 
under this paragraph (g) are pending, the sanctions imposed by the 
order issued under paragraph (f) of this section shall remain in 
effect.


Sec. 1211.630  Judicial review.

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


Sec. 1211.635  Forms and instructions; coordination.

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

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 23

RIN 2900-AJ11

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

List of Subjects in 38 CFR Part 23

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

    Approved: August 3, 2000.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.

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

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

Subpart A--Introduction

Sec.
23.100   Purpose and effective date.
23.105   Definitions.
23.110   Remedial and affirmative action and self-evaluation.
23.115   Assurance required.
23.120   Transfers of property.
23.125   Effect of other requirements.
23.130   Effect of employment opportunities.
23.135   Designation of responsible employee and adoption of 
grievance procedures.
23.140   Dissemination of policy.
Subpart B--Coverage
23.200   Application.
23.205   Educational institutions and other entities controlled by 
religious organizations.
23.210   Military and merchant marine educational institutions.
23.215   Membership practices of certain organizations.
23.220   Admissions.
23.225   Educational institutions eligible to submit transition 
plans.
23.230   Transition plans.
23.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
23.300   Admission.
23.305   Preference in admission.
23.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
23.400   Education programs or activities.
23.405   Housing.
23.410   Comparable facilities.
23.415   Access to course offerings.
23.420   Access to schools operated by LEAs.
23.425   Counseling and use of appraisal and counseling materials.

[[Page 52890]]

23.430   Financial assistance.
23.435   Employment assistance to students.
23.440   Health and insurance benefits and services.
23.445   Marital or parental status.
23.450   Athletics.
23.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
23.500   Employment.
23.505   Employment criteria.
23.510   Recruitment.
23.515   Compensation.
23.520   Job classification and structure.
23.525   Fringe benefits.
23.530   Marital or parental status.
23.535   Effect of state or local law or other requirements.
23.540   Advertising.
23.545   Pre-employment inquiries.
23.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
23.600   Notice of covered programs.
23.605   Enforcement procedures.

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


Sec. 23.105  [Amended]

    2. In Sec. 23.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Deputy Assistant Secretary for Resolution Management'' is added in 
its place.

    3. In Sec. 23.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 23.100 
through 23.605'' is added in its place.

    4. Section 23.605 is added to read as follows:


Sec. 23.605  Enforcement procedures.

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 5

FOR FURTHER INFORMATION CONTACT: Ann Goode, Office of Civil Rights, 
Environmental Protection Agency, 1200 Pennsylvania Ave, N.W. (1201A), 
Washington, D.C. 20460, (202) 260-4575.

List of Subjects in 40 CFR Part 5

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

    Dated: July 11, 2000.
Carol M. Browner,
Administrator, Environmental Protection Agency.

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

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

Subpart A--Introduction

Sec.
5.100   Purpose and effective date.
5.105   Definitions.
5.110   Remedial and affirmative action and self-evaluation.
5.115   Assurance required.
5.120   Transfers of property.
5.125   Effect of other requirements.
5.130   Effect of employment opportunities.
5.135   Designation of responsible employee and adoption of 
grievance procedures.
5.140   Dissemination of policy.
Subpart B--Coverage
5.200   Application.
5.205   Educational institutions and other entities controlled by 
religious organizations.
5.210   Military and merchant marine educational institutions.
5.215   Membership practices of certain organizations.
5.220   Admissions.
5.225   Educational institutions eligible to submit transition 
plans.
5.230   Transition plans.
5.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
5.300   Admission.
5.305   Preference in admission.
5.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
5.400   Education programs or activities.
5.405   Housing.
5.410   Comparable facilities.
5.415   Access to course offerings.
5.420   Access to schools operated by LEAs.
5.425   Counseling and use of appraisal and counseling materials.
5.430   Financial assistance.
5.435   Employment assistance to students.
5.440   Health and insurance benefits and services.
5.445   Marital or parental status.
5.450   Athletics.
5.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
5.500   Employment.
5.505   Employment criteria.
5.510   Recruitment.
5.515   Compensation.
5.520   Job classification and structure.
5.525   Fringe benefits.
5.530   Marital or parental status.
5.535   Effect of state or local law or other requirements.
5.540   Advertising.
5.545   Pre-employment inquiries.
5.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
5.600   Notice of covered programs.
5.605   Enforcement procedures.

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


Sec. 5.105  [Amended]

    2. In Sec. 5.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and ``the 
Director, Office of Civil Rights'' is added in its place.

    3. In Sec. 5.105 in the definition of ``Title IX regulations,'' the 
brackets and text within brackets are removed and ``Secs. 5.100 through 
5.605'' is added in its place.

    4. Section 5.605 is added to read as follows:


Sec. 5.605  Enforcement procedures.

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

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-4

RIN 3090-AG58

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

List of Subjects in 41 CFR Part 101-4

    Administrative practice and procedure, Civil rights, Colleges and 
universities, Education, Educational facilities, Elementary and 
secondary

[[Page 52891]]

education, Government property management, Reporting and recordkeeping 
requirements, Sex discrimination, Women.

Thurman M. Davis, Sr.,
Deputy Administrator, General Services Administration.

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

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

Subpart A--Introduction

Sec.
101-4.100  Purpose and effective date.
101-4.105  Definitions.
101-4.110  Remedial and affirmative action and self-evaluation.
101-4.115  Assurance required.
101-4.120  Transfers of property.
101-4.125  Effect of other requirements.
101-4.130  Effect of employment opportunities.
101-4.135  Designation of responsible employee and adoption of 
grievance procedures.
101-4.140  Dissemination of policy.
Subpart B--Coverage
101-4.200  Application.
101-4.205  Educational institutions and other entities controlled by 
religious organizations.
101-4.210  Military and merchant marine educational institutions.
101-4.215  Membership practices of certain organizations.
101-4.220  Admissions.
101-4.225  Educational institutions eligible to submit transition 
plans.
101-4.230  Transition plans.
101-4.235  Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
101-4.300  Admission.
101-4.305  Preference in admission.
101-4.310  Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
101-4.400  Education programs or activities.
101-4.405  Housing.
101-4.410  Comparable facilities.
101-4.415  Access to course offerings.
101-4.420  Access to schools operated by LEAs.
101-4.425  Counseling and use of appraisal and counseling materials.
101-4.430  Financial assistance.
101-4.435  Employment assistance to students.
101-4.440  Health and insurance benefits and services.
101-4.445  Marital or parental status.
101-4.450  Athletics.
101-4.455  Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
101-4.500  Employment.
101-4.505  Employment criteria.
101-4.510  Recruitment.
101-4.515  Compensation.
101-4.520  Job classification and structure.
101-4.525  Fringe benefits.
101-4.530  Marital or parental status.
101-4.535  Effect of state or local law or other requirements.
101-4.540  Advertising.
101-4.545  Pre-employment inquiries.
101-4.550  Sex as a bona fide occupational qualification.
Subpart F--Procedures
101-4.600   Notice of covered programs.
101-4.605   Enforcement procedures.

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


Sec. 101-4.105  [Amended]

    2. In Sec. 101-4.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and ``the 
Associate Administrator for Civil Rights'' is added in its place.

    3. In Sec. 101-4.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 101-4.100 
through 101-4.605'' is added in its place.

    4. Section 101-4.605 is added to read as follows:


Sec. 101-4.605  Enforcement procedures.

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

DEPARTMENT OF THE INTERIOR

43 CFR Part 41

RIN 1090-AA64

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

List of Subjects in 43 CFR Part 41

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

    Dated: July 3, 2000.
John Berry,
Assistant Secretary--Policy, Management, and Budget, Department of the 
Interior.

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

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

Subpart A--Introduction

Sec.
41.100   Purpose and effective date.
41.105   Definitions.
41.110   Remedial and affirmative action and self-evaluation.
41.115   Assurance required.
41.120   Transfers of property.
41.125   Effect of other requirements.
41.130   Effect of employment opportunities.
41.135   Designation of responsible employee and adoption of 
grievance procedures.
41.140   Dissemination of policy.
Subpart B--Coverage
41.200   Application.
41.205   Educational institutions and other entities controlled by 
religious organizations.
41.210   Military and merchant marine educational institutions.
41.215   Membership practices of certain organizations.
41.220   Admissions.
41.225   Educational institutions eligible to submit transition 
plans.
41.230   Transition plans.
41.235   Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
41.300   Admission.
41.305   Preference in admission.
41.310   Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
41.400   Education programs or activities.
41.405   Housing.
41.410   Comparable facilities.
41.415   Access to course offerings.

[[Page 52892]]

41.420   Access to schools operated by LEAs.
41.425   Counseling and use of appraisal and counseling materials.
41.430   Financial assistance.
41.435   Employment assistance to students.
41.440   Health and insurance benefits and services.
41.445   Marital or parental status.
41.450   Athletics.
41.455   Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
41.500   Employment.
41.505   Employment criteria.
41.510   Recruitment.
41.515   Compensation.
41.520   Job classification and structure.
41.525   Fringe benefits.
41.530   Marital or parental status.
41.535   Effect of state or local law or other requirements.
41.540   Advertising.
41.545   Pre-employment inquiries.
41.550   Sex as a bona fide occupational qualification.
Subpart F--Procedures
41.600   Notice of covered programs.
41.605   Enforcement procedures.

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


Sec. 41.105  [Amended]

    2. In Sec. 41.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Deputy Assistant Secretary for Workforce Diversity'' is added in its 
place.

    3. In Sec. 41.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 41.100 
through 41.605'' is added in its place.

    4. Section 41.605 is added to read as follows:


Sec. 41.605  Enforcement procedures.

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

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 19

RIN 3067-AC71

FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Federal Emergency 
Management Agency, 500 C Street, SW., Room 407, Washington, DC 20472, 
(202) 646-4122, (telefax) (202) 646-4320, or (email) 
Pauline.Campbell@fema.gov.

List of Subjects in 44 CFR Part 19

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

    Dated: June 30, 2000.
Pauline C. Campbell,
Director, Office of Equal Rights, Federal Emergency Management Agency.

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

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

Subpart A--Introduction

Sec.
19.100  Purpose and effective date.
19.105  Definitions.
19.110  Remedial and affirmative action and self-evaluation.
19.115  Assurance required.
19.120  Transfers of property.
19.125  Effect of other requirements.
19.130  Effect of employment opportunities.
19.135  Designation of responsible employee and adoption of 
grievance procedures.
19.140  Dissemination of policy.
Subpart B--Coverage
19.200  Application.
19.205  Educational institutions and other entities controlled by 
religious organizations.
19.210  Military and merchant marine educational institutions.
19.215  Membership practices of certain organizations.
19.220  Admissions.
19.225  Educational institutions eligible to submit transition 
plans.
19.230  Transition plans.
19.235  Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
19.300  Admission.
19.305  Preference in admission.
19.310  Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
19.400  Education programs or activities.
19.405  Housing.
19.410  Comparable facilities.
19.415  Access to course offerings.
19.420  Access to schools operated by LEAs.
19.425  Counseling and use of appraisal and counseling materials.
19.430  Financial assistance.
19.435  Employment assistance to students.
19.440  Health and insurance benefits and services.
19.445  Marital or parental status.
19.450  Athletics.
19.455  Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
19.500  Employment.
19.505  Employment criteria.
19.510  Recruitment.
19.515  Compensation.
19.520  Job classification and structure.
19.525  Fringe benefits.
19.530  Marital or parental status.
19.535  Effect of state or local law or other requirements.
19.540  Advertising.
19.545  Pre-employment inquiries.
19.550  Sex as a bona fide occupational qualification.
Subpart F--Procedures
19.600  Notice of covered programs.
19.605  Enforcement procedures.

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


Sec. 19.105  [Amended]

    2. In Sec. 19.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Office of Equal Rights'' is added in its place.

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


Sec. 19.605  Enforcement procedures.

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

NATIONAL SCIENCE FOUNDATION

45 CFR Part 618

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

[[Page 52893]]

List of Subjects in 45 CFR Part 618

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

Lawrence Rudolph,
General Counsel, National Science Foundation.

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

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

Subpart A--Introduction

Sec.
618.100  Purpose and effective date.
618.105  Definitions.
618.110  Remedial and affirmative action and self-evaluation.
618.115  Assurance required.
618.120  Transfers of property.
618.125  Effect of other requirements.
618.130  Effect of employment opportunities.
618.135  Designation of responsible employee and adoption of 
grievance procedures.
618.140  Dissemination of policy.
Subpart B--Coverage
618.200  Application.
618.205  Educational institutions and other entities controlled by 
religious organizations.
618.210  Military and merchant marine educational institutions.
618.215  Membership practices of certain organizations.
618.220  Admissions.
618.225  Educational institutions eligible to submit transition 
plans.
618.230  Transition plans.
618.235  Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
618.300  Admission.
618.305  Preference in admission.
618.310  Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
618.400  Education programs or activities.
618.405  Housing.
618.410  Comparable facilities.
618.415  Access to course offerings.
618.420  Access to schools operated by LEAs.
618.425  Counseling and use of appraisal and counseling materials.
618.430  Financial assistance.
618.435  Employment assistance to students.
618.440  Health and insurance benefits and services.
618.445  Marital or parental status.
618.450  Athletics.
618.455  Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
618.500  Employment.
618.505  Employment criteria.
618.510  Recruitment.
618.515  Compensation.
618.520  Job classification and structure.
618.525  Fringe benefits.
618.530  Marital or parental status.
618.535  Effect of state or local law or other requirements.
618.540  Advertising.
618.545  Pre-employment inquiries.
618.550  Sex as a bona fide occupational qualification.
Subpart F--Procedures
618.600  Notice of covered programs.
618.605  Enforcement procedures.

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


Sec. 618.105  [Amended]

    2. In Sec. 618.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``General Counsel and head of the policy office, Division of Contracts, 
Policy, and Oversight'' is added in its place.

    3. In Sec. 618.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 618.100 
through 618.605'' is added in its place.

    4. Section 618.605 is added to read as follows:


Sec. 618.605  Enforcement procedures.

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

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2555

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

List of Subjects in 45 CFR Part 2555

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

Thomasenia P. Duncan,
General Counsel, Corporation for National and Community Service.

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

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

Subpart A--Introduction

Sec.
2555.100  Purpose and effective date.
2555.105  Definitions.
2555.110  Remedial and affirmative action and self-evaluation.
2555.115  Assurance required.
2555.120  Transfers of property.
2555.125  Effect of other requirements.
2555.130  Effect of employment opportunities.
2555.135  Designation of responsible employee and adoption of 
grievance procedures.
2555.140  Dissemination of policy.
Subpart B--Coverage
2555.200   Application.
2555.205  Educational institutions and other entities controlled by 
religious organizations.
2555.210  Military and merchant marine educational institutions.
2555.215  Membership practices of certain organizations.
2555.220  Admission.
2555.225  Educational institutions eligible to submit transition 
plans.
2555.230  Transition plans.
2555.235  Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
2555.300  Admission.
2555.305  Preference in admission.

[[Page 52894]]

2555.310  Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
2555.400  Education programs or activities.
2555.405  Housing.
2555.410  Comparable facilities.
2555.415  Access to course offerings.
2555.420  Access to schools operated by LEAs.
2555.425  Counseling and use of appraisal and counseling materials.
2555.430  Financial assistance.
2555.435  Employment assistance to students.
2555.440  Health and insurance benefits and services.
2555.445  Marital or parental status.
2555.450  Athletics.
2555.455  Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
2555.500  Employment.
2555.505  Employment criteria.
2555.510  Recruitment.
2555.515  Compensation.
2555.520  Job classification and structure.
2555.525  Fringe benefits.
2555.530  Marital or parental status.
2555.535  Effect of state or local law or other requirements.
2555.540  Advertising.
2555.545  Pre-employment inquiries.
2555.550  Sex as a bona fide occupational qualification.
Subpart F--Procedures
2555.600  Notice of covered programs.
2555.605  Enforcement procedures.

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


Sec. 2555.105  [Amended]

    2. In Sec. 2555.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Equal Opportunity'' is added in its place.

    3. In Sec. 2555.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 2555.100 
through 2555.605'' is added in its place.

    4. Section 2555.605 is added to read as follows:


Sec. 2555.605  Enforcement procedures.

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

DEPARTMENT OF TRANSPORTATION

49 CFR Part 25

FOR FURTHER INFORMATION CONTACT: Marc Brenman, Department Office of 
Civil Rights, Room 10217, 400 7th Street, S.W., Washington, D.C. 20590, 
(202) 366-1119 voice, (202) 366-8538 TTY, email: 
marc.brenman@ost.dot.gov; or Nancy Dunham, Senior Attorney-Advisor; 
Civil Rights, Office of Environmental, Civil Rights, and General Law, 
Room 5432, 400 7th Street, S.W., Washington, D.C. 20590, (202) 366-8072 
voice, (202) 366-8538 TTY, email: nancy.dunham@ost.dot.gov.

List of Subjects in 49 CFR Part 25

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

Rodney E. Slater,
Secretary of Transportation.

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

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

Subpart A--Introduction

Sec.
25.100  Purpose and effective date.
25.105  Definitions.
25.110  Remedial and affirmative action and self-evaluation.
25.115  Assurance required.
25.120  Transfers of property.
25.125  Effect of other requirements.
25.130  Effect of employment opportunities.
25.135  Designation of responsible employee and adoption of 
grievance procedures.
25.140  Dissemination of policy.
Subpart B--Coverage
25.200  Application.
25.205  Educational institutions and other entities controlled by 
religious organizations.
25.210  Military and merchant marine educational institutions.
25.215  Membership practices of certain organizations.
25.220  Admission.
25.225  Educational institutions eligible to submit transition 
plans.
25.230  Transition plans.
25.235  Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
25.300  Admission.
25.305  Preference in admission.
25.310  Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
25.400  Education programs or activities.
25.405  Housing.
25.410  Comparable facilities.
25.415  Access to course offerings.
25.420  Access to schools operated by LEAs.
25.425  Counseling and use of appraisal and counseling materials.
25.430  Financial assistance.
25.435  Employment assistance to students.
25.440  Health and insurance benefits and services.
25.445  Marital or parental status.
25.450  Athletics.
25.455  Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
25.500  Employment.
25.505  Employment criteria.
25.510  Recruitment.
25.515   Compensation.
25.520  Job classification and structure.
25.525  Fringe benefits.
25.530  Marital or parental status.
25.535  Effect of state or local law or other requirements.
25.540  Advertising.
25.545  Pre-employment inquiries.
25.550  Sex as a bona fide occupational qualification.
Subpart F--Procedures
25.600  Notice of covered programs.
25.605  Enforcement procedures.

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


Sec. 25.105  [Amended]

    2. In Sec. 25.105 in the definition of ``Designated agency 
official,'' the brackets and text within brackets are removed and 
``Director, Departmental Office of Civil Rights'' is added in its 
place.

    3. In Sec. 25.105 in the definition of ``Title IX regulations,'' 
the brackets and text within brackets are removed and ``Secs. 25.100 
through 25.605'' is added in its place.

    4. Section 25.605 is added to read as follows:

[[Page 52895]]

Sec. 25.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural 
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) (``Title VI'') are hereby adopted and applied to these Title IX 
regulations. These procedures may be found at 49 CFR part 21.
[FR Doc. 00-20916 Filed 8-29-00; 8:45 am]
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