FR Doc 03-21140

  [Federal Register: August 26, 2003 (Volume 68, Number 165)] [Rules and Regulations]                [Page 51333-51391] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26au03-17]                                                -----------------------------------------------------------------------   Part II  Nondiscrimination on the Basis of Race, Color, National Origin,  Handicap, or Age in Programs or Activities Receiving Federal Financial  Assistance; Final Rule ----------------------------------------------------------------------- Department of Agriculture Nuclear Regulatory Commission Department of Energy Small Business Administration National Aeronautics and Space Administration Department of Commerce Tennessee Valley Authority Department of State Agency for International Development Department of Justice Department of Labor Department of Veterans Affairs Environmental Protection Agency General Services Administration Department of the Interior Department of Homeland Security Federal Emergency Management Agency National Science Foundation National Foundation on the Arts and the Humanities National Endowment for the Arts National Endowment for the Humanities Institute of Museum and Library Services Corporation for National and Community Service Department of Transportation      -----------------------------------------------------------------------  DEPARTMENT OF AGRICULTURE  7 CFR Parts 15, 15b  RIN 0566-AB78  NUCLEAR REGULATORY COMMISSION  10 CFR Part 4  RIN 3130-AG65  DEPARTMENT OF ENERGY  10 CFR Part 1040  RIN 1901-AA86  SMALL BUSINESS ADMINISTRATION  13 CFR Parts 112, 117  RIN 3245-AE59  NATIONAL AERONAUTICS AND SPACE ADMINISTRATION  14 CFR Parts 1250, 1251, 1252  RIN 2700-AC41  DEPARTMENT OF COMMERCE  15 CFR Parts 8, 8b, 20  RIN 0690-AA30  TENNESSEE VALLEY AUTHORITY  18 CFR Parts 1302, 1307, 1309  RIN 3316-AA20  DEPARTMENT OF STATE  22 CFR Parts 141, 142, 143  RIN 1400-AB17  AGENCY FOR INTERNATIONAL DEVELOPMENT  22 CFR Parts 209, 217, 218  RIN 0412-AA45  DEPARTMENT OF JUSTICE  28 CFR Part 42  RIN 1190-AA49  DEPARTMENT OF LABOR  29 CFR Parts 31, 32  RIN 1291-AA31  DEPARTMENT OF VETERANS AFFAIRS  38 CFR Part 18  RIN 2900-AK13  ENVIRONMENTAL PROTECTION AGENCY  40 CFR Part 7  RIN 2020-AA43  GENERAL SERVICES ADMINISTRATION  41 CFR Parts 101-6, 101-8  RIN 3090-AH33  DEPARTMENT OF THE INTERIOR  43 CFR Part 17  RIN 1090-AA77  DEPARTMENT OF HOMELAND SECURITY  Federal Emergency Management Agency  44 CFR Part 7  RIN 1660-AA12  NATIONAL SCIENCE FOUNDATION  45 CFR Parts 605, 611, 617  RIN 3145-AA38  NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES  National Endowment for the Arts  45 CFR Parts 1110, 1151, 1156  RIN 3135-AA17  NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES  National Endowment for the Humanities  45 CFR Parts 1110, 1170  RIN 3136-AA24  NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES  Institute of Museum and Library Services  45 CFR Part 1110  RIN 3137-AA11  CORPORATION FOR NATIONAL AND COMMUNITY SERVICE  45 CFR Parts 1203, 1232  RIN 3045-AA29  DEPARTMENT OF TRANSPORTATION  49 CFR Parts 21, 27  RIN 2105-AC96    Nondiscrimination on the Basis of Race, Color, or National Origin  in Programs or Activities Receiving Federal Financial Assistance;  Nondiscrimination on the Basis of Handicap in Programs or Activities  Receiving Federal Financial Assistance; Nondiscrimination on the Basis  of Age in Programs or Activities Receiving Federal Financial Assistance  AGENCIES: Department of Agriculture; Nuclear Regulatory Commission;  Department of Energy; Small Business Administration; National  Aeronautics and Space Administration; Department of Commerce; Tennessee  Valley Authority; Department of State; Agency for International  Development; Department of Justice; Department of Labor; Department of  Veterans Affairs; Environmental Protection Agency; General Services  Administration; Department of the Interior; Federal Emergency  Management Agency, Emergency Preparedness and Response Directorate,  Department of Homeland Security; National Science Foundation; National  Endowment for the Arts, National Endowment for the Humanities,  Institute of Museum and Library Services, National Foundation on the  Arts and the Humanities; Corporation for National and Community  Service; Department of Transportation (collectively, ``the Agencies'').  ACTION: Joint final rule.  -----------------------------------------------------------------------  SUMMARY: The Agencies amend their regulations implementing Title VI of  the Civil Rights Act of 1964 (``Title VI''), section 504 of the  Rehabilitation Act of 1972 (``section 504''), and the Age  Discrimination Act of 1975 (``Age Discrimination Act''). Together,  these statutes prohibit discrimination on the basis of race, color,  national origin, disability, and age in programs or activities that  receive federal financial assistance. In 1988, the Civil Rights  Restoration Act (``CRRA'') added definitions of ``program or activity''  and ``program'' to Title VI and added a definition of ``program or  activity'' to section 504 and the Age Discrimination Act. The added  definitions were designed to clarify the broad scope of coverage of  recipients' programs or activities under these statutes. These  amendments incorporate the CRRA's definitions of ``program or  activity'' and ``program'' into Title VI, section 504,    and Age Discrimination Act regulations of the Agencies, and promote  consistent and adequate enforcement of these statutes by the  Agencies.\1\ ---------------------------------------------------------------------------      \1\ Since the publication of the Notice of Proposed Rulemaking  (NPRM), the Federal Emergency Management Agency (FEMA) has become a  component of the Department of Homeland Security (DHS). DHS  published its Interim Final Rules for Title VI, Section 504, and  Title IX of the Education Amendments of 1972 in the Federal Register  on March 6, 2003. 68 FR 10904 (to be codified at 6 CFR part 21).  Those rules reflect the Civil Rights Restoration Act's broadened  definitions of ``program'' ``Program or activity.'' FEMA is  continuing as part of this rulemaking because the DHS regulations  provide that ``[t]he provisions published by this part shall be  effective for all components of the Department, including all  Department components that are transferred to the Department, except  to the extent that a Department component already has existing title  VI regulations.'' 6 CFR 21.1. Similar language is included in DHS'  Title XI and section 504 regulations.  --------------------------------------------------------------------------- DATES: Effective September 25, 2003.  FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief,  Federal Coordination and Compliance Section, Civil Rights Division, U.S. Department  of Justice, (202) 307-2222 voice, (202) 307-2678 TTY, (202) 307-0595  fax.     Individuals with disabilities may obtain this document in an  alternative format (e.g., Braille, large print, audiotape, or computer  diskette) on request to the contact person listed in the preceding  paragraph.  supplementary information:  Overview      On December 6, 2000, the Agencies published a notice of proposed  rulemaking (NPRM) in the Federal Register (65 FR 76460) proposing to  amend the regulations governing nondiscrimination on the basis of race,  color, national origin, handicap, and age to conform with the Civil  Rights Restoration Act of 1987, Pub. L. 100-259 (``CRRA'').     The Agencies are amending their civil rights regulations to conform  to provisions of the CRRA regarding the scope of coverage under civil  rights statutes they administer. These statutes include Title VI of the  Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq. (``Title  VI''); section 504 of the Rehabilitation Act of 1973, as amended, 29  U.S.C. 794 (``section 504''); and the Age Discrimination Act of 1975,  as amended, 42 U.S.C. 6101, et seq. (``Age Discrimination Act''). Title  VI prohibits discrimination on the basis of race, color, and national  origin in all programs or activities that receive federal financial  assistance; section 504 prohibits discrimination on the basis of  disability in all programs or activities that receive federal financial  assistance; and the Age Discrimination Act prohibits discrimination on  the basis of age in all programs or activities that receive federal  financial assistance. (Note that the CRRA does not affect coverage  under federal employment nondiscrimination statutes, such as Title VII  of the Civil Rights Act of 1964, Title I of the Americans with  Disabilities Act, and the Age Discrimination in Employment Act.)  Background Information      The principal conforming change amends each of these regulations to  add a definition of ``program or activity'' or ``program'' that  reflects the statutory definition of ``program or activity'' or  ``program'' enacted as part of the CRRA. We believe that adding this  statutory definition to the regulatory language is the best way to  avoid confusion on the part of beneficiaries, recipients, government  entities, and other interested parties about the scope of civil rights  coverage. These amendments also conform to a final rule under Title IX  of the Education Amendments of 1972, as amended, to establish common  regulations for 21 federal agencies published on August 30, 2000, 65 FR  52857. That common rule incorporated the statutory definitions of  ``program or activity'' and ``program'' enacted as part of the CRRA.     When originally issued and implemented, the Agencies' civil rights  regulations were interpreted by the Agencies to mean that acceptance of  federal assistance by a recipient resulted in broad coverage of an  entity. The Supreme Court, however, interpreted ``program or activity''  in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 570-74  (1984). The Court concluded in Grove City College that federal student  financial assistance provided to a college established jurisdiction  under Title IX only over the college's financial aid program, not the  entire college. Since Title IX was patterned after Title VI, this  interpretation significantly narrowed the prohibitions of Title VI and  two other statutes based on it: the Age Discrimination Act and section  504. See S. Rep. No. 100-64, at 2-3, 11-16, reprinted in 1988  U.S.C.C.A.N. at 3-5, 13-18. Following the Supreme Court's decision in  Grove City, the Agencies changed their interpretation, but not the  language, of the governing regulations to be consistent with the  Court's restrictive, program-specific definition of ``program or  activity.''     In 1988, Congress enacted the CRRA to restore the prior consistent  and long-standing executive branch interpretation and ``broad,  institution-wide application'' of those laws as previously  administered. See S. Rep. No. 100-64, at 4, reprinted in 1988  U.S.C.C.A.N. at 6. Congress enacted the CRRA in order to remedy what it  perceived to be a serious narrowing by the Supreme Court of a  longstanding administrative interpretation of the coverage of these  laws. At that time, the Agencies reinstated their broad interpretation  to be consistent with the CRRA, again without changing the language of  the regulations. To the extent there was any inconsistency between the  language of the regulations and the language of the CRRA, it was and  remains the Agencies' interpretation that the CRRA superseded the  regulations and, therefore, the regulations must be read in conformity  with the CRRA. This interpretation was consistent with the  understanding of Congress as expressed in the legislative history of  the CRRA that the statutory definition of ``program or activity'' would  take effect immediately without the need for federal agencies to amend  their existing regulations. S. Rep. No. 100-64, at 32, reprinted in  1988 U.S.C.C.A.N. at 34.     These regulatory amendments are designed to address an issue  recently raised by the Third Circuit Court of Appeals in Cureton v.  NCAA, 198 F.3d 107 (3d Cir. 1999). The Third Circuit determined that,  because the Departments of Health and Human Services and Education did  not amend their Title VI regulations after the enactment of the CRRA,  application of the Departments' Title VI regulations to disparate  impact discrimination claims is ``program specific'' (i.e., limited to  the particular program receiving federal financial assistance), rather  than institution-wide (i.e., applicable to all of the operations of the  institution regardless of the use of the federal funds). See id. at  114-16. As noted above, however, the Agencies have, since the passage  of the CRRA, consistently interpreted the coverage of their Title VI  regulations to reach those programs that fall within the broad  statutory definition of ``program or activity.'' The Cureton decision  thwarts clearly expressed congressional intent by giving continued  effect to a judicial interpretation that Congress intended to override.  In any event, the regulatory changes address the concerns raised by the  Third Circuit in that the regulations would track the CRRA's statutory  language and apply to both disparate impact and disparate treatment  forms of discrimination. (``Disparate treatment,'' i.e., intentional  discrimination, refers to policies or practices that treat individuals  differently based on their    race, color, national origin, disability, or age, as applicable.  Discrimination that involves such disparate treatment is barred by the  civil rights statutes and regulations. ``Disparate impact'' refers to  criteria or methods of administration that have a significant adverse  effect on individuals based on race, color, national origin,  disability, or age, as applicable. Such criteria or practices  constitute impermissible discrimination if there is no substantial  legitimate justification for those criteria or practices. However, even  where such a justification exists, if there is an equally effective but  less discriminatory alternative, that alternative must be adopted.)     Pursuant to Executive Order 12250 (``Leadership and Coordination of  Nondiscrimination Laws''), the Department of Justice (``DOJ'')  requested that the Agencies jointly issue amendments to their  regulations implementing Title VI, Section 504, and the Age  Discrimination Act to incorporate the CRRA definitions of ``program''  and ``program or activity.'' The two federal agencies implicated in the  Cureton decision--the Department of Education (``ED'') and the  Department of Health and Human Services (``HHS'')--are promulgating  separate rules to incorporate the CRRA's expanded definition of  ``program or activity'' and ``program'' in their regulations. ED  published its NPRM on May 5, 2000, 65 FR 26464, and published its final  rule on November 13, 2000, 65 FR 68050. HHS published its NPRM on  October 26, 2000, 65 FR 64194, and plans to publish its final rule  soon. DOJ participated in and coordinated the promulgation of  amendments to 22 other agencies' Title VI, Section 504, and Age  Discrimination Act regulations. 65 FR 76460. Again, while DOJ views  these modifications to be merely technical in nature, public comments  were invited on these modifications.     These changes are summarized in the sections below.  Definition of ``Program or Activity'' and ``Program''      The statutory definition, which is now incorporated into the  regulations, addresses the scope of coverage for four broad categories  of recipients: (1) State or local governmental entities; (2) colleges,  universities, other postsecondary educational institutions, public  systems of higher education, local educational agencies, systems of  vocational education, and other school systems; (3) private entities,  such as corporations, partnerships, and sole proprietorships; and (4)  entities that are a combination of any of those groups. See 42 U.S.C.  2000d-4a.     Under the first part of the definition, when State and local  governmental entities receive financial assistance from a federal  agency, the ``program or activity'' or ``program'' in which  discrimination is prohibited includes all of the operations of any  State or local department or agency to which the federal assistance is  extended. If, for example, a State or local agency receives federal  assistance for one of many functions of the agency, all of the  operations of the entire agency are subject to the nondiscrimination  provisions of these regulations. In addition, ``program or activity''  or ``program'' also includes all of the operations of the entity of a  State or local government that distributes the federal assistance to  another State or local governmental agency or department and all of the  operations of the State or local governmental entity to which the  financial assistance is extended. See 42 U.S.C. 2000d-4a(1); S. Rep.  No. 100-64, at 16, reprinted in 1988 U.S.C.C.A.N. at 18.     Under the second portion of the definition of ``program or  activity,'' when covered educational institutions receive federal  financial assistance, all of their operations are subject to the  nondiscrimination requirements of the funding agency's regulations. See  42 U.S.C. 2000d-4a(2).     Under the third part of the definition, the degree of coverage of  private entities, such as private corporations and partnerships, will  vary depending on how the funding is provided, the principal purpose or  objective of the entity, or how the entity is structured (e.g.,  physically separate offices or plants). Each of the operations of  private businesses that are principally engaged in education, health  care, housing, social services, or parks and recreation is considered a  ``program or activity'' for purposes of these regulations. See 42  U.S.C. 2000d-4a(3)(A)(ii). S. Rep. No. 100-64 provides numerous other  examples of the scope of coverage with regard to each category of  recipient, and readers are referred to this material. S. Rep. No. 100- 64, at 16-20, reprinted in 1988 U.S.C.C.A.N. at 19-21. In addition, if  federal financial assistance is extended to a private entity ``as a  whole'' and the private entity is not principally engaged in the  business of education, health care, housing, social services, or parks  and recreation, all of the private entity's operations at all of its  locations would be covered. If the private entity receives general  assistance, that is, assistance that is not designated for a particular  purpose, that would be considered federal financial assistance to the  private entity ``as a whole.'' In other instances where financial  assistance is extended directly to a geographically separate facility  of an entity described in the third part of this definition, then  coverage would be limited to the geographically separate facility that  receives the assistance. See 42 U.S.C. 2000d-4a(3).     Under the fourth part of the definition, if an entity of a type not  already covered by one of the first three parts of the definition is  established by two or more of the entities listed under the first three  parts of the definition, then all of the operations of that new entity  are covered. See 42 U.S.C. 2000d-4a(4).     The amendments incorporate the CRRA definition of ``program or  activity'' and ``program'' into the agencies' regulations. When  Congress amended Title VI in the CRRA, it added definitions of both  ``program or activity'' and ``program'' to the statute. Therefore, we  are amending each agency's Title VI regulations to incorporate the  definition of both ``program or activity'' and ``program.'' However,  when Congress amended section 504 and the Age Discrimination Act in the  CRRA, it added a definition of the term ``program or activity,'' but  did not add a similar definition of the term ``program.'' Thus, we are  amending the agencies' section 504 and Age Discrimination Act  regulations to incorporate a new definition of ``program or activity''  only.     As explained below, in order to conform with the CRRA definitions  of ``program or activity'' and ``program,'' the regulatory changes also  modify or delete some existing sections of the Agencies' regulations  that have become superfluous or incorrect following enactment of the  CRRA. These regulatory changes do not change the requirements of the  existing regulations.     It is important to note that the changes do not in any way alter  the requirement of the CRRA that a fund termination be limited to the  particular programs ``or part[s] thereof'' that discriminate, or, as  appropriate, to all of the programs that are infected by the  discriminatory practices. See S. Rep. No. 100-64, at 20, reprinted in  1988 U.S.C.C.A.N. at 22 (``The [CRRA] defines `program' in the same  manner as `program or activity,' and leaves intact the `or part  thereof' pinpointing language.'').  Assurances      Several agencies' Title VI regulations included an assurance  requirement that has created confusion with regard to the scope of  ``program or activity'' under    these regulations. In general, these assurances, which are legal  agreements between the government and recipients of federal financial  assistance, are designed to ensure that recipients of federal financial  assistance comply with nondiscrimination laws and do not discriminate  in their programs or activities. However, some agencies had assurance  provisions that were confusing in light of the CRRA because they  incorrectly stated that, in some circumstances, certain parts of a  program will not be covered by civil rights laws. For example, DOJ's  assurance provision, which is very similar to the corresponding  assurance requirements in other agencies' Title VI regulations,  provided in part: ``[t]he assurance * * * shall be applicable to the  entire institution unless the applicant establishes, to the  satisfaction of the responsible Department official, that the practices  in designated parts or programs of the institution * * * will in no way  affect its practices in the program of the institution * * * for which  Federal financial assistance is sought. * * *'' 28 CFR 42.105(c)(2). In  order to avoid any further confusion, the regulatory changes delete the  above provision and similar provisions in the regulations of other  agencies that incorrectly suggest that some parts of a program will not  be covered under certain circumstances. These changes ensure that  agency regulations reflect the broad scope of coverage of a program or  activity that was contemplated by the CRRA.     Several federal agencies' Title VI regulations provided  illustrative examples or applications that referred to the waiver  language contained in the assurance provision. Because the waiver  language in relevant assurance provisions has been deleted, similar  language and references in illustrative applications and examples also  have been deleted. These deletions do not affect the reach of the  statutes or regulations.  Other References to ``Program'' and ``Program or Activity''      In addition, we deleted references to ``program'' and ``program or  activity'' in the regulations that did not conform to the broadened  CRRA definition of ``program'' and ``program or activity.'' For  example, in some instances, we substituted ``Federal financial  assistance'' for ``program'' or ``program or activity'' where the  phrase referred to federal financial assistance. In other instances, we  substituted the phrase ``aid, benefit, or service'' if that was the  intended meaning. We made revisions when the terms ``program'' and  ``program or activity'' were used too narrowly, i.e., when they were  used to indicate only a specific portion of a program that directly  receives assistance. The nomenclature tables, which are charts designed  to provide an easy method for viewing the words to be removed or  replaced, show these conforming changes for each agency. In some  instances, we changed the phrase ``program and activity'' to ``program  or activity'' to conform the regulations to the term as defined in the  CRRA. We did not modify the term ``activity'' when it appears  separately from the phrase ``program or activity'' and is used in a  manner unrelated to the CRRA phrase ``program or activity.''     In promulgating its final regulations, the Department of Education  (``ED'') used the plural terms ``programs'' and ``programs or  activities'' to refer generally to multiple programs or activities  operated by multiple recipients. In all other instances, however, ED  used the singular terms ``program'' or ``program or activity.'' ED  explained that it had decided to use the singular terms in all such  instances to reflect the fact that virtually all of ED's recipients,  such as institutions of higher education, have only one ``program'' or  ``program or activity'' encompassing all of the recipient's operations.  Noting that the singular also can be interpreted to encompass the  plural, ED further explained that the use of the singular was  appropriate even for those cases in which ED might fund a recipient  that operates more than one program or activity (such as when an  individual recipient corporation has multiple plants each of which is a  separate program or activity). Given the greater range of recipient  entities funded by the multiple agencies participating in this joint  final rule and the likelihood that most of these agencies fund  recipients that may operate more than one program or activity, the  participating agencies have not endeavored to make any changes to these  regulations solely related to the use of the singular or plural forms  of these terms. As such, the regulations of these agencies may differ  from ED's regulations in terms of the use of the singular or plural  form of ``program'' or ``program or activity,'' but such differences  should not be interpreted to imply any legal difference in the intended  scope of coverage.     Although we have generally deleted all references to ``program''  and ``program or activity'' where such references do not conform to the  CRRA, we have not done so when the regulation is merely copying  statutory language. For example, the regulations for some agencies  contain a compliance provision that requires the agency to report any  order for fund termination to the congressional committee with  jurisdiction over the ``program'' involved. In this case, the term  ``program'' clearly refers to Federal financial assistance, but we did  not replace the word because the copied statutory language itself uses  the term ``program.''     In other instances in which the term ``program'' is used in a  manner inconsistent with the CRRA, we capitalized the word in order to  distinguish it from the term defined by the CRRA. For example, we  capitalized certain terms of art (e.g., ``Historic Preservation  Program,'' ``Individualized Education Program'') or names of types of  federal financial assistance (e.g., ``School Lunch Program'') to avoid  confusion.  Other Conforming Changes      Other changes include modifications to some agencies' definition of  ``recipient.'' A few agencies defined this term to include an entity  that ``benefits from'' Federal financial assistance. Likewise, many  agencies' section 504 and Age Discrimination Act regulations used the  phrase ``receives or benefits from Federal financial assistance.'' The  phrase ``or benefits from'' in this context has been deleted as it is  superfluous in light of the CRRA.     Because the changes are limited to those that are related to the  CRRA definition of ``program'' and ``program or activity,'' we did not  make additional technical corrections unless the provision was already  subject to a CRRA-related change. Likewise, we did not make other  technical corrections to outdated agency or office names, with one  notable exception. Since the regulations for the Department of Energy  require that age discrimination complaints be filed with a specific  office, we have updated the regulations to reflect the new name of that  office, thereby reducing confusion for individual complainants.     Although we are not amending the content of the Agencies'  appendices, the headings and introductory text describing the content  are amended to conform with the CRRA. Additional conforming changes to  the body of the various agency appendices will be published in the  Federal Register in a separate document at a later date.  Coordination With the Department of Education      The Department of Education (``ED'')--one of two agencies that were  implicated in the Cureton decision and that have decided to promulgate    separate rules to incorporate the CRRA's expanded definition of  ``program or activity'' in their regulations--published its proposed  rule on May 5, 2000, at 65 FR 26464, and its final rule on November 13,  2000, at 65 FR 68050. Among other modifications, ED's amendments  contain several conforming changes to the following three subparts of  its Section 504 regulations: (1) Preschool, Elementary, and Secondary  Education; (2) Postsecondary Education; and (3) Health, Welfare, and  Social Services.     Eight other Federal agencies have Section 504 regulations  containing sections similar to all or a portion of the provisions in  the above three subparts. Because we believe that it is particularly  important to maintain consistency among Federal agencies with respect  to these subparts, we have, with a few minor exceptions, followed ED's  lead when amending these sections for the other eight agencies-- Department of Agriculture, Department of Commerce, Department of  Interior, Department of State, Department of Veterans Affairs, Agency  for International Development, National Endowment for the Humanities,  and National Science Foundation--that have similar regulations.  Coordination With the Department of Health and Human Services      The other agency implicated in the Cureton decision is the  Department of Health and Human Services (HHS). Like ED, HHS promulgated  its own separate NPRM, which was published on October 26, 2000 at 65 FR  64194. We coordinated with HHS, as we did with ED, to avoid any  inconsistencies between this joint rule and those agencies' separate  rules.  Differences Among Agencies      Some agencies lack regulations implementing section 504 or the Age  Discrimination Act. In accordance with the limited scope of this  regulation, we are not adding section 504 or Age Discrimination Act  sections to agencies that lack such regulations. Outlined below are the  agencies that do not have such implementing regulations, as well as  agencies that have comprehensive rules implementing several statutes in  one set of regulations or that follow the regulations of another  Federal agency.     Agencies that do not have regulations implementing the Age  Discrimination Act and, therefore, are amending only their regulations  implementing Title VI and section 504 are: the Department of  Agriculture, the Department of Labor, the Department of Defense, the  Environmental Protection Agency, and the Department of Transportation.  The Federal Emergency Management Agency (``FEMA'') does not have  regulations applying section 504 to recipients of Federal financial  assistance but, instead, operates in accordance with section 504  regulations developed by HHS. Therefore, FEMA is amending only its  regulations implementing Title VI and the Age Discrimination Act.  Likewise, the Small Business Administration does not have regulations  applying section 504 to recipients of federal financial assistance and,  therefore, is amending only its Title VI and Age Discrimination Act  regulations.     In addition, the Corporation for National and Community Service  (``the Corporation'') lacks regulations applying the Age Discrimination  Act, Title VI, and section 504 to recipients of Federal financial  assistance. Instead, the Corporation, which is the successor of ACTION,  operates in accordance with Title VI and section 504 regulations  promulgated by ACTION and is amending only those regulations.  Similarly, the National Endowment for the Arts, the National Endowment  for the Humanities (``NEH''), and the Institute of Museum and Library  Services (``IMLS''), which together constitute the National Foundation  on the Arts and the Humanities (``NFAH''), operate in accordance with  Title VI regulations developed jointly by these three agencies and thus  are amending their Title VI regulations jointly. However, NEA is  separately amending its section 504 and Age Discrimination Act  regulations, while NEH, which lacks an Age Discrimination Act  regulation, is amending its section 504 regulation only. IMLS, which  operates in accordance with NEH's section 504 regulations and does not  have regulations implementing the Age Discrimination Act, is not  issuing any separate amendments.  Analysis of Comments and Changes      In the NPRM, we invited comments on the proposed regulations. We  received two comments. The first commenter wrote in support of the  NPRM, stating that Title VI, section 504, and the Age Discrimination  Act needed to be strengthened and be made uniform by adding the  definitions of ``program or activity.'' The commenter also stated that  the amendments would result in consistent and adequate enforcement of  Title VI, section 504, and the Age Discrimination Act, and commended  the Department of Justice and its ``sister Federal agencies'' for  amending the regulations.     The second commenter advanced the view that the Agencies should not  amend the regulations at this time because the commenter believed an  amendment would be untimely due to a case then-pending before the  United States Supreme Court (Alexander v. Sandoval, 532 U.S. 275  (2001)). Sandoval did not, however, address the focus of this  rulemaking--revising the regulations to conform them to the added  definition of ``program or activity'' or ``program.'' Instead, Sandoval  addressed a different issue--whether there is an implied private right  of action to enforce disparate-impact regulations promulgated under  Section 602 of Title VI and concluded that there was not such a right.  The Agencies have decided to proceed with the amendment of their  regulations because we believe it is important to conform the  regulations to the civil rights statutes as amended by the CRRA. We  are, however, mindful of the Supreme Court's statements in Sandoval  that call the validity of the Title VI disparate-impact regulations  into question.\2\ ---------------------------------------------------------------------------      \2\ See Sandoval, 532 U.S. at 286 & 286 n. 6 (``[W]e assume for  purposes of this decision that Sec.  602 confers the authority to  promulgate disparate-impact regulations''; ``[w]e cannot help  observing, however, how strange it is to say that disparate-impact  regulations are `inspired by, at the service of, and inseparably  intertwined with' Sec.  601 * * * when Sec.  601 permits the very  behavior that the regulations forbid.''). ---------------------------------------------------------------------------      In addition, in consultation with the Department of Justice, the  Agencies have reviewed the regulations since publication of the NPRM  and have made minor editorial and technical changes.  Applicable Executive Orders and Regulatory Certifications  Executive Order 12067      These conforming changes have been reviewed by the Equal Employment  Opportunity Commission pursuant to Executive Order 12067.  Executive Order 12250      These conforming changes to the Title VI and section 504  regulations have been reviewed and approved by the Attorney General  pursuant to Executive Order 12250.  Executive Order 12866      These regulations have been drafted and reviewed in accordance with  Executive Order 12866, ``Regulatory Planning and Review'', Section  1(b), Principles of Regulation. The Department of Justice has  determined that this rule is not a ``significant regulatory action''  under Executive Order 12866, Section 3(f), and accordingly this rule  has not been reviewed by the Office of Management and Budget. Under the  terms of the    order we have assessed the potential costs and benefits of this  regulatory action.     In assessing the potential costs and benefits--both quantitative  and qualitative--of these final regulations, we have determined that  there probably will be no cost impacts because these final regulations  merely clarify longstanding policy of the Agencies and do not change  the Agencies' practices in addressing issues of discrimination.     We also have determined that this regulatory action would not  unduly interfere with State, local, and tribal governments in the  exercise of their governmental functions.     We summarized the potential costs and benefits of these final  regulations in the preamble to the joint NPRM (65 FR 76460).  Age Discrimination Act of 1975      The Age Discrimination Act of 1975 and the Department of Health and  Human Services' (``HHS'') general, government-wide implementing  regulations give the Secretary of HHS the authority to review changes  to the Age Discrimination Act regulations of federal agencies. This  authority has been delegated to the Office for Civil Rights (``OCR''),  which has reviewed and approved these conforming changes.  Small Business Regulatory Enforcement Fairness Act of 1996      It has been determined that this rule is not a major rule as  defined by the Small Business Regulatory Enforcement Fairness Act of  1996, 5 U.S.C. 804. This rule will not result in an annual effect on  the economy of $100 million or more; a major increase in costs or  prices; or significant adverse effects on competition, employment,  investment, productivity, innovation, or on the ability of United  States-based companies to compete with foreign-based companies in  domestic and export markets.     All recipients of federal funding have been bound by these  standards of liability since the passage of the CRRA, when the Agencies  reinstated their broad interpretation of the terms ``program or  activity'' and ``program'' and applied these regulations on an  institution-wide basis without changing the language of the  regulations. The joint rule merely makes the regulations track the  statutory language of the CRRA, both for disparate impact and disparate  treatment forms of discrimination. These regulations implement  statutory amendments and longstanding agency policy.  Unfunded Mandates Reform Act of 1995      The Unfunded Mandate Reform Act of 1995, Public Law 104-4, 109  Stat. 48 (1995), requires agencies to prepare several analytic  statements before proposing any rule that may result in annual  expenditures of $100 million by State, local, Indian tribal governments  or the private sector. See 2 U.S.C. 1532.     These amendments make technical changes to existing regulations  that enforce statutory prohibitions on discrimination on the basis of  race, color, national origin, age, or disability. Therefore, these  amendments will not result in the expenditure by State, local, and  tribal governments, in the aggregate, or by the private sector, of $100  million or more in any one year, and they will not significantly or  uniquely affect small governments. The participating agencies certify  that no actions were deemed necessary under the Unfunded Mandate Reform  Act of 1995.  Regulatory Flexibility Act      The Agencies, in accordance with the Regulatory Flexibility Act, 5  U.S.C. 605(b), have reviewed these regulations and certify that these  regulations will not have a significant economic impact on a  substantial number of small entities, in large part because these  regulations do not impose any new substantive obligations on ederal  funding recipients. All recipients of Federal funding have been bound  by these standards of liability since the passage of the CRRA, when the  Agencies reinstated their broad interpretation of the terms ``program  or activity'' and ``program'' and applied these regulations on an  institution-wide basis without changing the language of the  regulations. The joint rule merely makes the regulations track the  statutory language of the CRRA, both for disparate impact and disparate  treatment forms of discrimination. These regulations implement  statutory amendments and longstanding agency policy.  Paperwork Reduction Act      The Agencies certify that this rule will not impose additional  reporting or recordkeeping requirements under the Paperwork Reduction  Act of 1995, 44 U.S.C. 3501 et seq.  Executive Order 13132      This rule will not have substantial direct effects on the States,  on the relationship between the national government and the States, or  on the distribution of power and responsibilities among the various  levels of government. The rule does not subject federal funding  recipients to new obligations. The regulations amend and clarify  existing regulations that are required by statute pursuant to Title VI  of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act  of 1973, and the Age Discrimination Act of 1975. Therefore, in  accordance with section 6 of Executive Order 13132, the Agencies have  determined that these amendments do not have sufficient federalism  implications to warrant the preparation of a federalism summary impact  statement.  List of Subjects  7 CFR Part 15      Aged, Civil rights, Religious discrimination, Sex discrimination.  7 CFR Part 15b      Civil rights, Equal employment opportunity, Grant programs-- education, Individuals with disabilities.  10 CFR Part 4      Administrative practice and procedure, Aged, Civil rights, Equal  employment opportunity, Federal buildings and facilities, Individuals  with disabilities, Reporting and recordkeeping requirements, Sex  discrimination.  10 CFR Part 1040      Administrative practice and procedure, Aged, Civil rights, Equal  employment opportunity, Individuals with disabilities, Sex  discrimination.  13 CFR Part 112      Civil rights, Reporting and recordkeeping requirements, Small  businesses.  13 CFR Part 117      Aged, Civil rights, Reporting and recordkeeping requirements.  14 CFR Part 1250      Civil rights.  14 CFR Part 1251      Administrative practice and procedure, Civil rights, Equal  employment opportunity, Federal buildings and facilities, Individuals  with disabilities.  14 CFR Part 1252      Aged, Civil rights.  15 CFR Part 8      Civil rights.  15 CFR Part 8b      Civil rights, Equal educational opportunity, Equal employment  opportunity, Individuals with disabilities, Reporting and recordkeeping  requirements.    15 CFR Part 20      Administrative practice and procedure, Aged, Civil rights.  18 CFR Part 1302      Civil rights, Reporting and recordkeeping requirements.  18 CFR Part 1307      Administrative practice and procedure, Civil rights, Individuals  with disabilities.  18 CFR Part 1309      Aged, Civil rights.  22 CFR Part 141      Civil rights.  22 CFR Part 142      Civil rights, Equal educational opportunity, Equal employment  opportunity, Individuals with disabilities.  22 CFR Part 143      Aged, Civil rights.  22 CFR Part 209      Civil rights.  22 CFR Part 217      Civil rights, Equal educational opportunity, Equal employment  opportunity, Individuals with disabilities.  22 CFR Part 218      Aged, Civil rights.  28 CFR Part 42      Administrative practice and procedure, Aged, Civil rights, Equal  employment opportunity, Grant programs, Individuals with disabilities,  Reporting and recordkeeping requirements, Sex discrimination.  29 CFR Part 31      Civil rights, Reporting and recordkeeping requirements.  29 CFR Part 32      Civil rights, Equal employment opportunity, Individuals with  disabilities, Reporting and recordkeeping requirements.  38 CFR Part 18      Aged, Civil rights, Equal educational opportunity, Equal employment  opportunity, Individuals with disabilities, Reporting and recordkeeping  requirements, Veterans.  40 CFR Part 7      Civil rights, Equal employment opportunity, Individuals with  disabilities, Reporting and recordkeeping requirements, Sex  discrimination.  41 CFR Part 101-6      Civil rights, Government property management.  41 CFR Part 101-8      Administrative practice and procedure, Civil rights, Government  property management, Individuals with disabilities, Reporting and  recordkeeping requirements.  43 CFR Part 17      Administrative practice and procedure, Aged, Civil rights, Equal  employment opportunity, Federal buildings and facilities, Individuals  with disabilities.  44 CFR Part 7      Administrative practice and procedure, Aged, Civil rights,  Reporting and recordkeeping requirements.  45 CFR Part 605      Civil rights, Equal educational opportunity, Equal employment  opportunity, Individuals with disabilities.  45 CFR Part 611      Civil rights, Reporting and recordkeeping requirements.  45 CFR Part 617      Administrative practice and procedure, Aged, Civil rights.  45 CFR Part 1110      Civil rights.  45 CFR Part 1151      Civil rights, Equal employment opportunity, Individuals with  disabilities.  45 CFR Part 1156      Administrative practice and procedure, Aged, Civil rights, Grant  programs, Investigations, Reporting and recordkeeping requirements.  45 CFR Part 1170      Civil rights, Equal educational opportunity, Equal employment  opportunity, Individuals with disabilities.  45 CFR Part 1203      Civil rights, Reporting and recordkeeping requirements.  45 CFR Part 1232      Civil rights, Grant programs--social programs, Individuals with  disabilities.  49 CFR Part 21      Civil rights, Reporting and recordkeeping requriements.  49 CFR Part 27      Administrative practice and procedure, Airports, Civil rights,  Highways and roads, Individuals with disabilities, Mass transportation,  Railroads, Reporting and recordkeeping requirements.  Adoption of Joint Rule  0 The agency adoptions of this joint rule are set forth below:  DEPARTMENT OF AGRICULTURE  7 CFR Subtitle A  RIN 0566-AB78  Authority and Issuance  0 For the reasons set forth in the joint preamble, USDA amends 7 CFR  subtitle A, parts 15 and 15b as set forth below:  PART 15--NONDISCRIMINATION  0 1. The authority citation for part 15 continues to read as follows:       Authority: 5 U.S.C. 301; 29 U.S.C. 794.   0 2. Section 15.2 is amended by revising paragraph (k) to read as  follows:   Sec.  15.2  Definitions.  * * * * *     (k) Program or activity and program mean all of the operations of  any entity described in paragraphs (k)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or        (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (k)(1), (2), or (3) of this section. * * * * *  0 3. In Sec.  15.3, the headings for paragraphs (d)(1) through (d)(10)  are revised to read as follows:   Sec.  15.3  Discrimination prohibited.  * * * * *     (d) * * *     (1) Cooperative Agricultural Extension Program. * * *     (2) Rural Electrification and Rural Telephone Programs. * * *     (3) Direct Distribution Program. * * *     (4) National School Lunch Program. * * *     (5) Food Stamp Program. * * *     (6) Special Milk Program for Children. * * *     (7) Price Support Programs carried out through producer  associations or cooperatives or through persons who are required to  provide specified benefits to producers. * * *     (8) Forest Service Programs. * * *     (9) Farmers Home Administration Programs. * * *     (10) Cooperative State Research Programs. * * *  0 4. Section 15.4 is amended by revising paragraph (c) to read as  follows:   Sec.  15.4  Assurances required.  * * * * *     (c) Assurances from institutions. The assurance required with  respect to an institution of higher education, or any other  institution, insofar as the assurance relates to the institution's  practices with respect to admission or other treatment of individuals  or to the opportunity to participate in the provision of services or  other benefits to such individuals, shall be applicable to the entire  institution. * * * * *     5. Amend the appendix to subpart A of part 15 as follows:     a. In the heading, by removing the words ``USDA-Assisted Programs''  and adding, in their place, the words ``Federal Financial Assistance  From USDA'';     b. In the introductory text, by removing the word ``Programs'' and  adding, in its place, the words ``The types of Federal financial  assistance''; and by removing the words ``in which Federal financial  assistance is rendered''; and     c. In the chart, by removing the column heading ``Program'' and  adding, in its place, the column heading ``Type of Federal Financial  Assistance''.     6. In the table below, for each section indicated in the left  column, remove the text shown in the middle column, and add the text  shown in the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 15.1(b)(3)...........................  under any such program 15.2(e)..............................  for any program 15.2(e)..............................  under any such program 15.2(f)..............................  for the purpose of carrying out a program 15.3(b)(3)...........................  activities or programs                      programs or activities 15.3(d), introductory text, first      programs and activities                     types of Federal financial  sentence.                                                                          assistance 15.3(d), introductory text, third      program                                     type of Federal financial  sentence.                                                                          assistance 15.3(d), introductory text, third      it                                          a program  sentence. 15.3(d), introductory text, last       listed program                              listed type of Federal  sentence.                                                                          financial assistance 15.3(d)(1)(ii).......................  activity of                                 activity funded by 15.3(d)(3)(i)........................  direct distribution program                 Direct Distribution Program 15.3(d)(3)(iii)......................  program                                     Program 15.3(d)(4)(i)........................  program                                     Program 15.3(d)(4)(ii).......................  program                                     Program 15.3(d)(5)(i)........................  program                                     Program 15.3(d)(6)(i)........................  program                                     Program 15.3(d)(6)(iv).......................  program                                     Program 15.3(d)(7)(v)........................  price support program                       Price Support Program 15.3(d)(10)(ii)......................  cooperative research program                Cooperative Research Program 15.4(a)(1), first sentence...........  to carry out a program 15.4(a)(1), first sentence...........  except a program                            except an application 15.4(b)..............................  to carry out its program for or activity                                         involving 15.5(a), second sentence.............  programs                                    Federal financial assistance 15.5(a), second sentence.............  program 15.5(b), second sentence.............  of any program under                        in 15.5(d)..............................  program under                               program for Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 15.9(e), first sentence..............  programs 15.10(f).............................  under the program involved                  to which this regulation                                                                                     applies 15.10(f).............................  assistance will                             assistance to which this                                                                                     regulation applies will 15.10(f).............................  under such program 15.12(a), introductory text, first     under such program  sentence. ----------------------------------------------------------------------------------------------------------------     PART 15b--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 7. The heading for part 15b is revised to read as set forth above.  0 8. The authority citation for part 15b continues to read as follows:      Authority: 29 U.S.C. 794.   0 9. Section 15b.3 is amended by revising paragraph (p) and adding a new  paragraph (s) to read as follows:   Sec.  15b.3  Definitions.  * * * * *     (p) For purposes of Sec.  15b.18(d), Historic Preservation Programs  are those that receive Federal financial assistance that has  preservation of historic properties as a primary purpose. * * * * *     (s) Program or activity means all of the operations of any entity  described in paragraphs (s)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (s)(1), (2), or (3) of this section.   Sec.  15b.4  [Amended]  0 10. In Sec.  15b.4, the heading of paragraph (c) is amended by removing  the word ``Programs'' and adding, in its place, the words ``Aid,  benefits, or services''.  0 11. The heading for subpart C is revised to read as follows:  Subpart C--Accessibility  0 12. Section 15b.18 is amended by revising the heading and first  sentence of paragraph (a), the heading of paragraph (e), and the first  sentence of paragraph (e)(1) introductory text to read as follows:   Sec.  15b.18  Existing facilities.      (a) Accessibility. A recipient shall operate each assisted program  or activity so that when each part is viewed in its entirety it is  readily accessible to and usable by qualified handicapped persons. * *  * * * * * *     (e) Historic Preservation Programs; application for waiver of  accessibility requirements. (1) A recipient shall operate each assisted  program or activity involving Historic Preservation Programs so that  when each part is viewed in its entirety it is readily accessible to  and usable by handicapped persons. * * * * * * * *   Sec.  15b.27  [Amended]  0 13. Section 15b.27 is amended by removing from the heading of paragraph  (b) the words ``Program delivery'' and adding, in their place, the word  ``Delivery'', and by removing from the heading of paragraph (c) the  words ``Program materials'' and adding, in their place, the word  ``Materials''.   Sec.  15b.28  [Amended]  0 14. The heading for Sec.  15b.28 is amended by removing the word  ``programs''.  0 15. The heading for subpart F is revised to read as follows:  Subpart F--Other Aid, Benefits, or Services  Appendix A to Part 15b [Amended]  0 16. Amend appendix A to part 15b as follows: 0 a. In the heading, by removing the words ``USDA-Assisted Programs'' and  adding, in their place, the words ``Federal Financial Assistance From  USDA''; 0 b. In the introductory text, by removing the word ``Programs'' and  adding, in its place, the words ``The types of Federal financial  assistance''; and by removing the words ``in which Federal financial  assistance is rendered''; and 0 c. In the chart, by removing the column heading ``Program'' and adding,  in its place, the column heading ``Type of Federal Financial  Assistance''.  0 17. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 15b.2, first sentence................  programs and activities                     programs or activities 15b.2, last sentence.................  tailored to specific programs               more specifically tailored 15b.4(b)(1)(v).......................  program                                     program or activity 15b.4(b)(3)..........................  programs or activities                      aid, benefits, or services 15b.4(b)(4)(ii)......................  program                                     program or activity 15b.4(b)(5)(i).......................  or benefits from 15b.4(b)(6)..........................  or benefiting from 15b.4(c).............................  the benefits of a program                   aid, benefits, or services 15b.4(c).............................  from a program                              from aid, benefits, or                                                                                     services 15b.5(a), first sentence.............  for a program or activity 15b.5(a), first sentence.............  the program will                            the program or activity will 15b.7(a), second sentence............  programs and activities                     programs or activities 15b.8(a)(3)(i).......................  program                                     program or activity 15b.8(a)(3)(ii)......................  program                                     program or activity 15b.8(a)(3)(iii).....................  program                                     program or activity 15b.10...............................  programs                                    programs or activities 15b.11...............................  programs and activities                     programs or activities     15b.12(a)(3), last sentence..........  apprenticeship programs                     apprenticeships 15b.12(b)(8).........................  social                                      those that are social 15b.12(b)(8).........................  programs 15b.13(a)............................  program                                     program or activity 15b.13(c), introductory text.........  programs                                    programs or activities 15b.13(c)(1).........................  program                                     program or activity 15b.16...............................  programs and activities                     programs or activities 15b.18(b), last sentence.............  offer programs and activities to            serve 15b.18(b), last sentence.............  to obtain the full benefits of the program 15b.18(d)............................  program accessibility                       accessibility 15b.18(d)............................  the program                                 the program or activity 15b.18(e)(1), introductory text, last  program  sentence. 15b.18(e)(1)(iv), first sentence.....  program 15b.18(e)(1)(iv), last sentence......  historic preservation program               Historic Preservation Program 15b.18(e)(1)(iv), first sentence.....  program accessibility                       accessibility 15b.18(e)(2), introductory text,       program  first sentence. 15b.18(e)(2), introductory text, last  program  sentence. 15b.18(e)(2)(iii)....................  program                                     program or activity 15b.18(g)(3).........................  program accessibility                       ccessibility under paragraph                                                                                     (a) of this section 15b.20...............................  programs and activities                     programs or activities 15b.21, introductory text............  program                                     program or activity 15b.22(a)............................  program                                     program or activity 15b.22(b)(2).........................  individualized education program            Individualized Education                                                                                     Program 15b.22(b)(3), first sentence.........  in 15b.22(b)(3), first sentence.........  to a program                                for aid, benefits, or                                                                                     services 15b.22(b)(3), first sentence.........  the one                                     those 15b.22(b)(3), first sentence.........  operates                                    operates or provides 15b.22(c)(1), second sentence........  to a program                                for aid, benefits, or                                                                                     services 15b.22(c)(1), second sentence........  operated                                    operated or provided 15b.22(c)(1), second sentence........  the program                                 aid, benefits, or services 15b.22(c)(2).........................  person in                                   person 15b.22(c)(2).........................  to a program                                for aid, benefits, or                                                                                     services 15b.22(c)(2).........................  not operated                                not operated or provided 15b.22(c)(2).........................  the program                                 aid, benefits, or services 15b.22(c)(3).........................  placement in 15b.22(c)(3).........................  program                                     placement 15b.22(c)(4), last sentence..........  such a program                              a free appropriate education 15b.24(a)............................  program shall                               program or activity shall 15b.24(a)............................  a regular or special education program      regular or special education 15b.25, first sentence...............  operates a                                  provides 15b.25, first sentence...............  education program                           education 15b.26(c)(1), first sentence.........  programs and activities                     aid, benefits, or services 15b.26(c)(1), last sentence..........  in these activities 15b.27(a), first sentence............  operates an                                 provides 15b.27(a), first sentence............  program or activity receiving assistance                                         from this Department 15b.27(a), first sentence............  from the program or activity 15b.27(a), last sentence.............  under the program or activity 15b.27(b)(1), first sentence.........  program services                            aid, benefits, or services 15b.27(b)(2), first sentence.........  program services                            aid, benefits, or services 15b.27(b)(2), second sentence........  program benefits                            aid, benefits, or services 15b.27(b)(3), first sentence.........  program services                            aid, benefits, or services 15b.27(b)(3), second sentence........  program benefits                            aid, benefits, or services 15b.27(c), first sentence............  program 15b.28(a), first sentence............  operates a                                  provides 15b.28(a), first sentence............  program receiving assistance from this                                         Department 15b.28(a), first sentence............  from such program 15b.29...............................  programs and activities                     programs or activities 15b.31(a)............................  program or activity                         aid, benefits, or services 15b.31(d)............................  programs and activities                     programs or activities 15b.32(a), second sentence...........  program or 15b.32(c)............................  in its program 15b.32(d)(1).........................  under the education program or activity                                         operated by the recipient 15b.35(a)(1), first sentence.........  programs and activities                     aid, benefits, or services 15b.36...............................  programs and activities                     aid, benefits, or services 15b.39, first sentence...............  activity for                                activity that provides aid,                                                                                     benefits, or services for 15b.39, first sentence...............  program, or activity                        program or activity 15b.40(a), first sentence............  operate                                     provide 15b.40(a), first sentence............  service programs assisted by this           services                                         Department 15b.41(a)............................  a multi-family rental housing program       multi-family rental housing 15b.41(b)(2).........................  program     15b.41(c), first sentence............  program 15b.41(c), last sentence.............  program ----------------------------------------------------------------------------------------------------------------       Dated: May 1, 2001. David Winningham, Acting Director, Office of Civil Rights, Department of Agriculture.  NUCLEAR REGULATORY COMMISSION  10 CFR Chapter I  RIN 3130-AG65  Authority and Issuance  0 For the reasons set forth in the joint preamble, NRC amends 10 CFR  chapter I, part 4 as set forth below:  PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE  COMMISSION  0 1. The heading for part 4 is revised as set forth above.  0 2. The authority citation for part 4 is revised to read as follows:      Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);  sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88  Stat. 1242, as amended (42 U.S.C. 5841).     Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78  Stat. 252, 253 (42 U.S.C. 2000d-2000d-7); sec. 401, 88 Stat. 1254  (42 U.S.C. 5891).     Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat.  394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29  U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C.  706(6)).     Subpart C also issued under Title III of Pub. L. 94-135, 89  Stat. 728, as amended (42 U.S.C. 6101).     Subpart E also issued under 29 U.S.C. 794.   0 3. Section 4.4 is amended by revising paragraph (g) to read as follows:   Sec.  4.4  Definitions.  * * * * *     (g) Program or activity and program mean all of the operations of  any entity described in paragraphs (g)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university or other postsecondary institution, or  a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *  0 4. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 4.3, introductory text, second         programs                                    types of Federal financial  sentence.                                                                          assistance 4.3, introductory text, third          under any program or activity  sentence. 4.3, introductory text, fourth         a program                                   a type of Federal financial  sentence.                                                                          assistance 4.3, introductory text, fourth         the program                                 a program or activity  sentence. 4.4(f)...............................  for the purpose of carrying out a program 4.4(h)...............................  for any program 4.4(h)...............................  under any such program ----------------------------------------------------------------------------------------------------------------  Subpart A--Regulations Implementing Title VI of the Civil Rights  Act of 1964 and Title IV of the Energy Reorganization Act of 1974  0 5. The heading of Sec.  4.22 is revised to read as follows:   Sec.  4.22  Continuing Federal financial assistance.  * * * * *  0 6. Section 4.24 is amended by revising paragraph (b) to read as  follows:   Sec.  4.24  Assurances from institutions.  * * * * *     (b) The assurance required with respect to an institution of higher  education, hospital, or any other institution, insofar as the assurance  relates to the institution's practices with respect to admission or  other treatment of individuals as students, patients, or clients of the  institution or to the opportunity to participate in the provision of  services or other benefits to such individuals, shall be applicable to  the entire institution.  0 7. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 4.12(a), introductory text...........  under any program 4.13(a), first sentence..............  a program of                                the 4.13(a), first sentence..............  assistance                                  assistance to a program 4.13(a), second sentence.............  such programs                               such Federal financial                                                                                     assistance 4.13(a), second sentence.............  fellowship programs                         fellowships     4.21(a), first sentence..............  under a program 4.21(a), first sentence..............  except a program                            except an application 4.21(a), fifth sentence..............  for each program 4.21(a), fifth sentence..............  in the program 4.21(b), third sentence..............  program                                     statute 4.22.................................  to carry out a program involving            for 4.32(b)..............................  of any program under                        in 4.34.................................  program under which                         program for which 4.51(a)(4)...........................  under the program involved 4.64, first sentence.................  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 4.64, last sentence..................  programs subject to this subpart are        this regulation is 4.74, first sentence.................  under the program involved                  to which this regulation                                                                                     applies 4.74, first sentence.................  assistance will                             assistance to which this                                                                                     regulation applies will 4.74, first sentence.................  under such program 4.91, introductory text, first         under such program  sentence. ----------------------------------------------------------------------------------------------------------------  Subpart B--Regulations Implementing Section 504 of the  Rehabilitation Act of 1973, as Amended  0 8. The heading of Sec.  4.126 is revised to read as follows:   Sec.  4.126  General requirement concerning accessibility.  * * * * *  0 9. Section 4.127 is amended by revising the heading and first sentence  of paragraph (a) to read as follows:   Sec.  4.127  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity so that when each part is viewed in its entirety it is readily  accessible to and usable by handicapped persons. * * * * * * * *  0 10. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 4.121(a).............................  or benefits from 4.121(b)(1)(v).......................  program                                     program or activity 4.121(b)(2)..........................  programs or activities                      aid, benefits, or services 4.121(b)(3)(ii)......................  program                                     program or activity 4.121(b)(4)(i).......................  or benefits from 4.121(c).............................  the benefits of a program                   aid, benefits, or services 4.121(c).............................  a program                                   aid, benefits, or services 4.121(d).............................  programs and activities                     programs or activities 4.122(a).............................  or benefits from 4.122(c)(8)..........................  social                                      those that are social 4.122(c)(8)..........................  programs 4.122(d), last sentence..............  apprenticeship programs                      apprenticeships 4.123(a).............................  program                                     program or activity 4.123(c), introductory text..........  program                                     program or activity 4.123(c)(1)..........................  program                                     program or activity 4.126................................  or benefits from 4.127(b), last sentence..............  offer programs and activities to            serve 4.127(d)(3)..........................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 4.231(a), first sentence.............  for a program or activity 4.231(a), first sentence.............  the program                                 the program or activity 4.231(c)(3)(i).......................  program                                     program or activity 4.231(c)(3)(ii)......................  program                                     program or activity 4.232(a), second sentence............  programs and activities                     programs or activities ----------------------------------------------------------------------------------------------------------------  Subpart C--Regulations Implementing the Age Discrimination Act of  1975, as Amended  0 11. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 4.313, introductory text, first        program of activity                         program or activity  sentence. 4.321, first sentence................  programs and activities                     programs or activities 4.321, second sentence...............  programs and activities                     programs or activities 4.334(a)(2), last sentence...........  program     4.336(c)(2), first sentence..........  Federal 4.338(c).............................  program                                     program or activity 4.339(b)(2)..........................  program or activity                         Federal financial assistance 4.341(b).............................  programs                                    programs or activities 4.341(c).............................  programs                                    programs or activities 4.341(d).............................  programs                                    programs or activities ----------------------------------------------------------------------------------------------------------------       Dated: April 30, 2001. William D. Travers, Executive Director for Operations, Nuclear Regulatory Commission.  DEPARTMENT OF ENERGY  10 CFR Chapter X  RIN 1901-AA86  Authority and Issuance  0 For the reasons set forth in the joint preamble, DOE amends 10 CFR  chapter X, part 1040 as set forth below:  PART 1040--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR  ACTIVITIES  0 1. The heading for part 1040 is revised to read as set forth above.  0 2. The authority citation for part 1040 is revised to read as follows:       Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d  to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.  Subpart A--General Provisions  0 3. Section 1040.3 is amended by revising paragraph (u) to read as  follows:   Sec.  1040.3  Definitions--General.  * * * * *     (u) Program or activity and program mean all of the operations of  any entity described in paragraphs (u)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (u)(1), (2), or (3) of this section. * * * * *  0 4. Section 1040.4 is amended by revising paragraph (d) and the heading  of paragraph (f) to read as follows:   Sec.  1040.4  Assurances required and preaward review.  * * * * *     (d) Assurances from government agencies. In the case of any  application from any department, agency or office of any State or local  government for Federal financial assistance for any specified purpose,  the assurance required by this section is to extend to any other  department, agency, or office of the same governmental unit. * * * * *     (f) Continuing Federal financial assistance. * * * * * * * *  0 5. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1040.1, first sentence...............  the program or activity                     the Federal financial                                                                                     assistance 1040.1, first sentence...............  program services                            services 1040.2(a), second sentence...........  Programs                                    Types of Federal financial                                                                                     assistance 1040.2(a), fourth sentence...........  under any program or activity 1040.2(a), last sentence.............  a program                                   a type of Federal financial                                                                                     assistance 1040.2(a), last sentence.............  the program                                 that a program or activity 1040.3(a)............................  program                                     aid, benefit, service 1040.3(t)............................  for the purpose of carrying out a program 1040.4(a), first sentence............  for a program or activity 1040.4(f), introductory text.........  administering a program which receives      applying for 1040.4(f)(1).........................  program                                     program or activity 1040.5(b), first sentence............  or programs                                 or activity 1040.5(b), second sentence...........  programs                                    programs or activities 1040.5(b), last sentence.............  broadcast program                           broadcast 1040.5(b), last sentence.............  the program                                 the program or activity 1040.5(b), last sentence.............  opportunity program                         opportunity program or                                                                                     activity 1040.5(c), first sentence............  program                                     program or activity 1040.6(a) second sentence............  programs and activities                     programs or activities 1040.7(b)............................  a program that will                         to ----------------------------------------------------------------------------------------------------------------     Subpart B--Title VI of the Civil Rights Act of 1964; Section 16 of  the Federal Energy Administration Act of 1974, as Amended; and  Section 401 of the Energy Reorganization Act of 1974  0 6. Section 1040.13 is amended by revising paragraph (e) to read as  follows:   Sec.  1040.13  Discrimination prohibited.  * * * * *     (e) For the purpose of this section, the disposition, services,  financial aid, or benefits provided under a program receiving Federal  financial assistance include all portions of the recipient's program or  activity, including facilities, equipment, or property provided with  the aid of Federal financial assistance. * * * * *  0 7. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1040.11(b), first sentence...........  administering                               administering or 1040.11(b), first sentence...........  or substantially benefiting from 1040.12(b), first sentence...........  programs and activities                     programs or activities 1040.13(b), introductory text........  under any program 1040.13(c)...........................  program objectives                          objectives of the program 1040.13(g), first sentence...........  from programs                               from benefits 1040.13(g), last sentence............  the benefits of a program                   benefits 1040.13(g), last sentence............  programs funded                             Federal financial assistance                                                                                     provided 1040.14(a)(1), introductory text,      mobility programs                           mobility projects  first sentence. ----------------------------------------------------------------------------------------------------------------  Subpart D--Nondiscrimination on the Basis of Handicap--Section 504  of the Rehabilitation Act of 1973, as Amended   Sec.  1040.63  [Amended]  0 8. In Sec.  1040.63, the heading of paragraph (c) is amended by  removing the word ``Programs,'' and adding, in its place, the words  ``Aid, benefits, or services''.  0 9. The undesignated center heading immediately preceding Sec.  1040.71  is amended by removing the word ``Program''.  0 10. Section 1040.72 is amended by revising the heading and first  sentence of paragraph (a) to read as follows:   Sec.  1040.72  Existing facilities.      (a) Accessibility. A recipient shall operate any program or  activity to which this subpart applies so that when each part is viewed  in its entirety it is readily accessible and usable by handicapped  persons. * * * * * * * * 0 11. Section 1040.74 is amended by revising the section heading, the  heading of paragraph (a), the first sentence of paragraph (a)  introductory text and the headings of paragraphs (a)(1), (a)(2), and  (a)(3) to read as follows:   Sec.  1040.74  Accessibility in historic properties.      (a) Methods to accomplish accessibility. Recipients shall operate  each program or activity involving historic properties so that when  each part is viewed in its entirety it is readily accessible to and  usable by handicapped persons. * * *     (1) Methods to accomplish accessibility without building  alterations or structural changes. * * *     (2) Methods to accomplish accessibility resulting in building  alterations. * * *     (3) Methods to accomplish accessibility resulting in structural  changes. * * * * * * * *  0 12. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1040.61(b)...........................  or benefits from 1040.63(a)...........................  or benefits from 1040.63(b)(1)(v).....................  program                                     program or activity 1040.63(b)(3)........................  programs or activities                      aid, benefits, or services 1040.63(b)(4)(ii)....................  program                                     program or activity 1040.63(b)(6)........................  or benefiting from 1040.63(c)...........................  the benefits of a program                   aid, benefits, or services 1040.63(c)...........................  from a program                              from aid, benefits, or                                                                                     services 1040.63(d)...........................  programs of activities                      programs or activities 1040.64(c), first sentence...........  under any program to which                  under any program or activity                                                                                     to which 1040.64(c), first sentence...........  assistance under any program for            assistance for 1040.66(a)(3), last sentence.........  apprenticeship programs                     apprenticeships 1040.66(b)(8)........................  social                                      those that are social 1040.66(b)(8)........................  programs 1040.67(a)...........................  program                                     program or activity 1040.67(c), introductory text........  program                                     program or activity 1040.67(c)(1)........................  program                                     program or activity 1040.72(b), last sentence............  offer programs and activities to            serve 1040.72(d)(3)........................  program accessibility                       accessibility under Sec.                                                                                     1040.72(a) 1040.74(a), introductory text, second  program  sentence. 1040.74(a), introductory text, last    program  sentence. 1040.74(a)(1)(i).....................  programs                                    aid, benefits, or services 1040.74(a)(1)(iii)...................  programs or activities                      aid, benefits, or services 1040.74(a)(1)(iv)....................  programs                                    aid, benefits, or services 1040.74(a)(2), first sentence........  program 1040.74(a)(2), first sentence........  Program 1040.74(a)(3), first sentence........  program     1040.74(a)(3), first sentence........  Program ----------------------------------------------------------------------------------------------------------------  Subpart E--Nondiscrimination on the Basis of Age--Age  Discrimination Act of 1975, as Amended  0 13. The authority citation for subpart E is revised to read as follows:       Authority: Age Discrimination Act of 1975, as amended (42 U.S.C.  6101 et seq.); 45 CFR part 90.  Appendix A to Subpart E to Part 1040 [Amended]  0 14. Appendix A to subpart E to part 1040 is amended by removing the  words ``or program'' from the sixth column heading.  0 15. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1040.81, last sentence...............  programs and activities                     programs or activities 1040.82(a)...........................  or benefits from 1040.83(i)...........................  programs and activities                     programs or activities 1040.88(a)...........................  Office of Equal Opportunity (OEO)           Office of Civil Rights and                                                                                     Diversity 1040.88(c)...........................  program                                     program or activity 1040.89-1, first sentence............  program and activities                      programs or activities 1040.89-5(a), third sentence.........  Office of Equal Opportunity (OEO)           Office of Civil Rights and                                                                                     Diversity 1040.89-5(a), last sentence..........  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-5(b), introductory text......  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-5(c), first sentence.........  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-6(b), second sentence........  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-6(c), second sentence........  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-6(e).........................  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-7(a)(1)......................  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-7(a)(3)......................  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-7(b), first sentence.........  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-9(a), introductory text......  Programs                                    Programs or Activities 1040.89-9(a)(1), first sentence......  under the program or activity involved      for a program activity in                                         where                                       which 1040.89-9(c)(1)......................  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-9(c)(2), first sentence......  Federal 1040.89-11...........................  OEO                                         Office of Civil Rights and                                                                                     Diversity 1040.89-12(b)(2).....................  program or activity                         Federal financial assistance 1040.89-13(b), introductory text.....  OEO                                         Office of Civil Rights and                                                                                     Diversity ----------------------------------------------------------------------------------------------------------------       Dated: May 29, 2001. Spencer Abraham, Secretary, Department of Energy.  SMALL BUSINESS ADMINISTRATION  13 CFR Chapter I  RIN 3245-AE59  Authority and Issuance  0 For the reasons set forth in the joint preamble, SBA amends 13 CFR  chapter I, parts 112 and 117 as set forth below:  PART 112--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF SBA-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964  0 1. The authority citation for part 112 continues to read as follows:      Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1).   0 2. Section 112.2 is amended by adding paragraph (e) to read as follows:   Sec.  112.2  Application of this part.  * * * * *     (e) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (e)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (e)(1),(2), or (3) of this section.  Appendix A to Part 112 [Amended]  0 3. The chart in appendix A to part 112 is amended by removing the  heading ``Name of program'' and adding, in its place, the heading  ``Name of Federal financial assistance'; by removing the heading  ``Financial Programs'' and adding, in its place, the heading ``Federal  Financial Assistance Involving Grants of Funds''; and by removing the  heading ``Nonfinancial Programs'' and adding, in its place, the heading  ``Other Federal Financial Assistance''.     0 4. The note immediately following appendix A to part 112 is amended by  removing the word ``programs'' and adding, in its place, the words  ``types of Federal financial assistance''.  0 5. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 112.2(a).............................  assistance under programs                   Federal financial assistance 112.3(b)(3), first sentence..........  the program                                 a program 112.8, last sentence.................  for each program 112.8, last sentence.................  in the program ----------------------------------------------------------------------------------------------------------------  PART 117--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR  ACTIVITIES OF SBA--EFFECTUATION OF THE AGE DISCRIMINATION ACT OF  1975, AS AMENDED  0 6. The heading for part 117 is revised to read as set forth above.  0 7. The authority citation for part 117 continues to read as follows:      Authority: Age Discrimination Act of 1975, 42 U.S.C. 6101 et  seq.   0 8. Section 117.2 is amended by revising paragraph (a) to read as  follows:   Sec.  117.2  Application of this part.      (a) This part applies to all recipients of Federal financial  assistance administered by the Small Business Administration, whether  or not the specific type of Federal financial assistance administered  is listed in appendix A. * * * * *  0 9. Section 117.3 is amended by redesignating paragraphs (j) through (m)  as paragraphs (k) through (n), and adding a new paragraph (j) to read  as follows:   Sec.  117.3  Definitions.  * * * * *     (j) The term program or activity means all of the operations of any  entity described in paragraphs (j)(1) through (4) of this section, any  part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (j)(1), (2), or (3) of this section. * * * * *  Appendix A to Part 117 [Amended]  0 10. The chart in appendix A to part 117 is amended by removing the  words ``Name of program'' and adding, in their place, the words ``Type  of Federal financial assistance''.  0 11. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 117.1................................  programs                                    programs or activities 117.3(j), first sentence.............  under any program 117.4(b)(2)..........................  programs                                    programs or activities 117.5(b), first sentence.............  in a program 117.6(b).............................  business or program                         program or activity 117.6(c).............................  program                                     program or activity 117.7, first sentence................  under any program 117.7, last sentence.................  for each program, 117.7, last sentence.................  in the program 117.8(a), first sentence.............  programs and activities                     programs or activities 117.8(c).............................  its program beneficiaries                   the beneficiaries of its                                                                                     programs or activities 117.15(a)(3), first sentence.........  program 117.17(f)............................  under the programs involved                 to which this regulation                                                                                     applies 117.17(f)............................  assistance will                             assistance to which this                                                                                     regulation applies will 117.17(f)............................  under such program 117.19(a)(9).........................  program                                     program or activity 117.20, first sentence...............  programs                                    programs or activities ----------------------------------------------------------------------------------------------------------------          Dated: October 10, 2002. Hector V. Barreto, Administrator, Small Business Administration.  NATIONAL AERONAUTICS AND SPACE ADMINISTRATION  14 CFR Chapter V  RIN 2700-AC41  Authority and Issuance  0 For the reasons set forth in the joint preamble, NASA amends 14 CFR  chapter V, parts 1250, 1251, and 1252 as set forth below:  PART 1250--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF  NASA-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964  0 1. The authority citation for part 1250 continues to read as follows:      Authority: Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d-1; and the  laws listed in appendix A to this part.   0 2. Section 1250.102 is amended by revising paragraph (h) to read as  follows:   Sec.  1250.102  Definitions.  * * * * *     (h) Program or activity and program mean all of the operations of  any entity described in paragraphs (h)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (h)(1), (2), or (3) of this section. * * * * *  0 3. Section 1250.103-4 is amended by revising paragraph (b) to read as  follows:   Sec.  1250.103-4  Illustrative applications.  * * * * *     (b) In a research or training grant to a university for activities  to be conducted in a graduate school, discrimination in the admission  and treatment of students in the graduate school is prohibited and the  prohibition extends to the entire university. * * * * *  0 4. Section 1250.103-5 is amended by revising the heading to read as  follows:   Sec.  1250.103-5  Special benefits.  * * * * *  0 5-6. Section 1250.104 is amended by revising paragraph (c)(2) and by  removing paragraph (d)(2) and the paragraph designation (d)(1), to read  as follows:   Sec.  1250.104  Assurances.  * * * * *     (c) * * *     (2) The assurances from such an applicant shall be applicable to  the entire organization of the applicant. * * * * *  0 7. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1250.101(a)(1), first sentence.......  federally-assisted programs and activities  types of Federal financial                                                                                     assistance 1250.101(a)(1), second sentence......  program or activity                         type of Federal assistance 1250.101(a)(1), second sentence......  such program                                a program 1250.101(a)(1), last sentence........  programs                                    types of Federal financial                                                                                     assistance 1250.101(a)(2).......................  under any such program 1250.101(b)(2).......................  extended under any such program             extended 1250.101(b)(3).......................  beneficiary under any such program          beneficiary 1250.101(b)(5).......................  programs                                    types of Federal financial                                                                                     assistance 1250.101(b)(6).......................  programs                                    types of Federal financial                                                                                     assistance 1250.102(f)..........................  for the purpose of carrying out a program 1250.102(i)..........................  for any program 1250.102(i)..........................  under any such program 1250.103-2(a), introductory text.....  under any program 1250.103-3(b)........................  programs                                    types of Federal financial                                                                                     assistance 1250.103-4(a)........................  programs                                    services 1250.103-5...........................  the benefits of a program                   benefits 1250.104(a), first sentence..........  to carry out a program 1250.104(e), second sentence.........  under a program of                          with 1250.104(e), last sentence...........  program                                     statute 1250.105(b), last sentence...........  of any program under                        in 1250.105(d)..........................  program under                               program for 1250.108(e), first sentence..........  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 1250.109(f)..........................  under the program involved                  to which this regulation                                                                                     applies 1250.109(f)..........................  assistance will                             assistance to which this                                                                                     regulation applies will 1250.109(f)..........................  under such program 1250.111(a), first sentence..........  under such program ----------------------------------------------------------------------------------------------------------------     PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP  0 8. The authority citation for part 1251 continues to read as follows:      Authority: 29 U.S.C. 794.   0 9. Section 1251.102 is amended by adding paragraph (k) to read as  follows:   Sec.  1251.102  Definitions.  * * * * *     (k) Program or activity means all of the operations of any entity  described in paragraphs (k)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (k) (1), (2), or (3) of this section.   Sec.  1251.103  [Amended]  0 10. In Sec.  1251.103, the heading of paragraph (c) is amended by  removing the word ``Programs'' and adding, in its place, the words  ``Aid, benefits, or services''. 0 11. The heading of subpart 1251.3 of part 1251 is revised to read as  follows:  Subpart 1251.3--Accessibility  0 12. In Sec.  1251.301, the heading and first sentence of paragraph (a)  are revised to read as follows:   Sec.  1251.301  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which his part applies so that when each part is viewed in  its entirety it is readily accessible to handicapped persons. * * * * * * * *  0 13. In the table below, for each section indicated in the left column,  remove the text shown in the middle column, and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1251.101.............................  or benefits from 1251.103(a)..........................  or benefits from 1251.103(b)(1)(v)....................  program                                     program or activity 1251.103(b)(3).......................  program                                     program or activity 1251.103(b)(3).......................  or benefiting from 1251.103(b)(4).......................  programs or activities                      aid, benefits, or services 1251.103(b)(5)(ii)...................  program                                     program or activity 1251.103(b)(6)(i)....................  or benefits from 1251.103(b)(7).......................  or benefiting from 1251.103(c)..........................  the benefits of a program                   aid, benefits, or services 1251.103(c)..........................  from a program                              from aid, benefits, or                                                                                     services 1251.104(a), first sentence..........  for a program or activity 1251.104(a), first sentence..........  the program                                 the program or activity 1251.105(a)(3)(i)....................  program                                     program or activity 1251.105(a)(3)(ii)...................  program                                     program or activity 1251.105(a)(3)(iii)..................  program                                     program or activity 1251.107(a), second sentence.........  programs and activities programs or                                         activities 1251.200(a)(2).......................  programs                                    programs or activities 1251.200(a)(4), last sentence........  apprenticeship programs apprenticeships 1251.200(b)(8).......................  social                                      those that are social 1251.200(b)(8).......................  programs 1251.200(d), last sentence...........  apprenticeship programs apprenticeships 1251.201(a)..........................  program                                     program or activity 1251.201(c), introductory text.......  program                                     program or activity 1251.201(c)(1).......................  program                                     program or activity 1251.301(b), last sentence...........  offer programs and activities to            serve 1251.301(d)(3).......................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section ----------------------------------------------------------------------------------------------------------------  PART 1252--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 14. The heading for part 1252 is revised to read as set forth above.  0 15. The authority citation for part 1252 continues to read as follows:       Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.  6101 et seq. (45 CFR part 90).   0 16. Section 1252.102 is amended by revising the heading to read as  follows:   Sec.  1252.102  To what programs or activities do these regulations  apply?  * * * * *  0 17. Section 1252.103 is amended by adding paragraph (n) to read as  follows:   Sec.  1252.103  Definitions.  * * * * *     (n) Program or activity means all of the operations of any entity  described in paragraphs (n)(1) through (4) of this    section, any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (n)(1), (2), or (3) of this section.  0 18. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1252.100, last sentence..............  programs and activities                     programs or activities 1252.102(a)..........................  or benefits from 1252.203.............................  program                                     program or activity 1252.300.............................  programs and activities                     programs or activities 1252.403(a)(2), last sentence........  program 1252.405(b), first sentence..........  program activity                            program or activity 1252.405(c)(2), first sentence.......  Federal 1252.409(b)(2).......................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------       Dated: September 10, 2002. Sean O'Keefe, Administrator, National Aeronautics and Space Administration.  DEPARTMENT OF COMMERCE  15 CFR Subtitle A  RIN 0690-AA30  Authority and Issuance  0 For the reasons set forth in the joint preamble, DOC amends 15 CFR  subtitle A, parts 8, 8b, and 20 as set forth below:  PART 8--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE  DEPARTMENT OF COMMERCE--EFFECTUATION OF TITLE VI OF THE CIVIL  RIGHTS ACT OF 1964  0 1. The authority citation for part 8 continues to read as follows:       Authority: Sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d- 1).   0 2. Section 8.3 is amended by revising paragraph (g) to read as follows:   Sec.  8.3  Definitions.  * * * * *     (g) Program or activity and program mean all of the operations of  any entity described in paragraphs (g)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *  0 3. Section 8.5 is amended by revising paragraph (b)(10) to read as  follows:  Sec.  8.5  Nondiscrimination clause.  * * * * *     (b) * * *     (10) In the case where any assurances are required from an  academic, a medical care, detention or correctional, or any other  institution or facility, insofar as the assurances relate to the  institution's practices with respect to the admission, care, or other  treatment of persons by the institution or with respect to the  opportunity of persons to participate in the receiving or providing of  services, treatment, or benefits, such assurances shall be applicable  to the entire institution or facility. * * * * *  0 4. Section 8.6 is amended by revising the heading of paragraph (a) to  read as follows:   Sec.  8.6  Applicability of this part to Department assisted programs.  * * * * *     (a) Assistance to support economic development. * * * * * * * *  Appendix A to Part 8 [Amended]  0 5. The heading for appendix A to part 8 is amended by removing the word  ``Programs'' and adding, in its place, the words ``Federal Financial  Assistance''.  0 6. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:      ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 8.2(a), first sentence...............  federally assisted programs                 types of Federal financial                                                                                     assistance 8.2(a), last sentence................  under any such program 8.2(b)(2)............................  under any such program 8.2(b), second sentence..............  a program                                   a type of Federal financial                                                                                     assistance 8.2(b), second sentence..............  such program                                a program 8.2(b), last sentence................  programs                                    types of Federal financial                                                                                     assistance 8.3(i), first sentence...............  for or in connection with any program 8.3(i), last sentence................  under any program 8.3(j)...............................  for the purpose of carrying out a program 8.4(b)(1), introductory text.........  under any program to which this part                                         applies 8.4(b)(1)(vii).......................  when a program is applicable thereto 8.4(b)(2)............................  under any program 8.4(b)(2)............................  such program, or the class of persons to    program, or the class of                                         whom                                        persons to whom 8.4(c)(1), third sentence............  program                                     plan 8.5(a), first sentence...............  to carry out a program 8.5(b)(3)............................  That in a program involving                 When 8.5(b)(3)............................  assistance,                                 assistance is involved, 8.5(b)(5), third sentence............  program                                     statute 8.6, introductory text, second         program                                     type of Federal financial  sentence.                                                                          assistance 8.6(b), second sentence..............  student training programs                   instances of student training 8.7(b), last sentence................  of any program under                        in 8.7(d)...............................  program under which                         program for which 8.12(e), first sentence..............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 8.13(f)..............................  under the program involved                  to which this regulation                                                                                     applies 8.13(f)..............................  assistance will                             assistance to which this                                                                                     regulation applies will 8.13(f)..............................  under such program 8.15(a), introductory text, first      under such program  sentence. ----------------------------------------------------------------------------------------------------------------  PART 8b--PROHIBITION OF DISCRIMINATION AGAINST THE HANDICAPPED IN  FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF THE DEPARTMENT OF  COMMERCE  0 7. The heading for part 8b continues to read as set forth above.  0 8. The authority citation for part 8b continues to read as follows:       Authority: 29 U.S.C. 794.   0 9. Section 8b.3 is amended by redesignating paragraphs (h) through (l)  as paragraphs (i) through (m), respectively; and adding a new paragraph  (h) to read as follows:   Sec.  8b.3  Definitions.  * * * * *     (h) Program or activity means all of the operations of any entity  described in paragraphs (h)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (h)(1), (2), or (3) of this section. * * * * *  0 10. Section 8b.4 is amended by revising the heading of paragraph (c) to  read as follows:   Sec.  8b.4  Discrimination prohibited.  * * * * *     (c) Aid, benefits, or services limited by Federal law. * * * * * * * *  Subpart C of Part 8b--[Amended]  0 11. The heading for subpart C of part 8b is amended by removing the  word ``Program.''  0 12. Section 8b.17 is amended by revising the heading and first sentence  of paragraph (a) to read as follows:   Sec.  8b.17  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which this part applies so that when each part is viewed in  its entirety it is readily accessible to qualified handicapped  individuals. * * * * * * * *  0 12. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:       ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 8b.1, first sentence.................  or benefiting from 8b.1, last sentence..................  programs and activities                     programs or activities 8b.1, last sentence..................  or benefiting from 8b.2, first sentence.................  program                                     program or activity 8b.2, first sentence.................  or benefiting from 8b.2, last sentence..................  program                                     program or activity 8b.4 (a).............................  or benefits from 8b.4(b)(1)(v)........................  program                                     program or activity 8b.4(b)(3)...........................  programs or activities                      aid, benefits, or services 8b.4(b)(4)(ii).......................  program                                     program or activity 8b.4(b)(5)(i)........................  or benefits from 8b.4(b)(6)...........................  or benefiting from 8b.4(b)(7)(i)........................  under programs of Federal financial                                         assistance 8b.4(c)..............................  the benefits of a program                   aid, benefits, or services 8b.4(c)..............................  from a program                              from aid, benefits, or                                                                                     services 8b.4(d)..............................  programs and activities                     programs or activities 8b.5(a), first sentence..............  for a program or activity 8b.5(a), first sentence..............  the program                                 the program or activity 8b.5(b)(3)...........................  program                                     program or activity 8b.5(d)..............................  a program                                   the objectives of Federal                                                                                     financial assistance 8b.5(d)..............................  programs and activities                     programs or activities 8b.6(a)(3)(i)........................  program                                     program or activity 8b.6(a)(3)(ii).......................  program                                     program or activity 8b.8(a), second sentence.............  programs and activities                     programs or activities 8b.10(a).............................  programs                                    programs or activities 8b.11(a)(1)..........................  or benefits from 8b.11(a)(3), last sentence...........  apprenticeship programs                     apprenticeships 8b.12(a).............................  program                                     program or activity 8b.12(b)(1)..........................  program                                     program or activity 8b.12(c), introductory text..........  program                                     program or activity 8b.12(c)(1)..........................  program                                     program or activity 8b.12(e).............................  program                                     program or activity 8b.17(a), third sentence.............  program                                     aid, benefit, or service 8b.17(a), last sentence..............  Program accessibility                       Accessibility 8b.17(a), last sentence..............  program                                     aid, benefit, or service 8b.17(b), last sentence..............  offer programs and activities to            serve 8b.17(e)(3)..........................  program accessibility                       accessibility under Sec.                                                                                     8b.17(a) 8b.19................................  programs and activities                     programs or activities 8b.19................................  or benefit from 8b.21(a).............................  program or activity                         aid, benefits, or services 8b.21(d).............................  programs and activities                     program or activity 8b.22(a), second sentence............  program of 8b.22(c).............................  in its program 8b.22(d)(1), first sentence..........  under the education program or activity                                         operated by the recipient 8b.25(a)(1), first sentence..........  programs and activities                     aid, benefits, or services ----------------------------------------------------------------------------------------------------------------  PART 20--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 15. The authority citation for part 20 continues to read as follows:      Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.  sec. 6101 et seq. and the government-wide regulations implementing  the Act, 45 CFR part 90.   0 16. The heading of Sec.  20.2 is revised to read as follows:   Sec.  20.2  Programs or activities to which these regulations apply.  * * * * *  0 17. Section 20.3 is amended by redesignating paragraphs (j) through (n)  as paragraphs (k) through (o), respectively; and adding a new paragraph  (j) to read as follows:   Sec.  20.3  Definitions.  * * * * *     (j) Program or activity means all of the operations of any entity  described in paragraphs (j)(1) through (4) of this section, any part of  which is extended Federal financial assistance:      (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial    assistance is extended, in the case of any other corporation,  partnership, private organization, or sole proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (j)(1),(2), or (3) of this section. * * * * *  0 18. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 20.1, last sentence..................  programs and activities                     programs or activities 20.2(a)..............................  or benefits from 20.4(d)..............................  program                                     program or activity 20.7, introductory text..............  programs and activities                     programs or activities 20.7(a), first sentence..............  program                                     program or activity 20.13(a)(2), last sentence...........  program 20.15(a)(1), last sentence...........  program                                     program or activity 20.15(b).............................  program and activity                        program or activity 20.15(c)(2), first sentence..........  Federal 20.18(b)(2)..........................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------       Dated: May 17, 2001. Suzan J. Aramaki, Director, Office of Civil Rights, Department of Commerce.  TENNESSEE VALLEY AUTHORITY  18 CFR Chapter XIII  RIN 3316-AA20  Authority and Issuance  0 For the reasons set forth in the joint preamble, TVA amends 18 CFR  chapter XIII, parts 1302, 1307, and 1309 as set forth below:  PART 1302--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF  TVA-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964  0 1. The authority citation for part 1302 continues to read as follows:       Authority: TVA Act, 48 Stat. 58 (1933), as amended, 16 U.S.C.  831-831dd, and sec. 602 of the Civil Rights Act of 1964, 78 Stat.  252, 42 U.S.C. 2000d-1.   0 2. Section 1302.3 is amended by adding a new paragraph (e) to read as  follows:  Sec.  1302.3  Definitions.  * * * * *     (e) Program or activity and program refer to all of the operations  of any entity described in paragraphs (e)(1) through (4) of this  section, any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (e)(1), (2), or (3) of this section.  0 3. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1302.2, introductory text, first       program in which                            program for which  sentence. 1302.2, introductory text, second      programs                                    types of Federal financial  sentence.                                                                          assistance 1302.2(b)............................  under any such program 1302.2(c)............................  under any such program 1302.2, concluding text, first         a program                                   a type of Federal financial  sentence.                                                                          assistance 1302.2, concluding text, first         such program                                a program  sentence. 1302.2, concluding text, last          programs                                    types of Federal financial  sentence.                                                                          assistance 1302.4(b)(1), introductory text......  under any program or activity 1302.5(a), last sentence.............  in the program 1302.5(b), first sentence............  through a program of                        with 1302.5(b), second sentence...........  under a program of                          with 1302.5(b), third sentence............  program                                     statute 1302.6(b), last sentence.............  of any program under                        in 1302.6(d)............................  program under which                         program for which 1302.7(b)(3)(ii).....................  program                                     programs 1302.7(c)(3)(ii)(B)..................  program                                     programs 1302.9(e), first sentence............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and     1302.10(f)...........................  under the program involved                  to which this regulation                                                                                     applies 1302.10(f)...........................  assistance will                             assistance to which this                                                                                     regulation applies will 1302.10(f)...........................  under such program                          ............................. 1302.12(a), introductory text, first   under such program                          .............................  sentence. ----------------------------------------------------------------------------------------------------------------  PART 1307--NONDISCRIMINATION WITH RESPECT TO HANDICAP  0 4. The authority citation for part 1307 continues to read as follows:       Authority: TVA Act, 48 Stat. 58 (1933) as amended, 16 U.S.C.  831-831dd (1976) and sec. 504 of the Rehabilitation Act of 1973,  Pub. L. 93-112, as amended, 29 U.S.C. 794 (1976; Supp. II 1978).   0 5. Section 1307.1 is amended by adding paragraph (k) to read as  follows:   Sec.  1307.1  Definitions.  * * * * *     (k) Program or activity means all of the operations of any entity  described in paragraphs (k)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (k)(1), (2), or (3) of this section.  0 6. The heading of Sec.  1307.4 is revised to read as follows:  Sec.  1307.4  Discrimination prohibited.  * * * * * 0 7. Section 1307.6 is amended by revising the section heading and the  first sentence of paragraph (b)(1) to read as follows:   Sec.  1307.6  Accessibility.  * * * * *     (b) * * *     (1) Each program or activity subject to this part shall be operated  so that when each part is viewed in its entirety it is readily  accessible to and usable by qualified handicapped persons. * * * * * * * *  0 8. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1307.3, first sentence...............  program in which                            program or activity for which 1307.3, first sentence...............  under any program 1307.3, first sentence...............  under any such program                      ............................. 1307.4(b)(1), introductory text......  under any program                           ............................. 1307.4(b)(1)(i)......................  program                                     program or activity 1307.4(b)(1)(ii).....................  program                                     program or activity 1307.4(b)(1)(iii)....................  program                                     program or activity 1307.4(b)(1)(iv).....................  program                                     program or activity 1307.4(b)(1)(v)......................  program                                     program or activity 1307.4(b)(1)(vi).....................  program                                     program or activity 1307.4(b)(1)(vii)....................  program                                     program or activity 1307.4(b)(2).........................  program                                     program or activity 1307.4(b)(2).........................  activities                                  aid, benefits, or services 1307.4(b)(3)(ii).....................  program                                     program or activity 1307.4(b)(4).........................  program,                                    program or activity, 1307.4(b)(4)(i)......................  program                                     program or activity 1307.4(c)............................  the benefits of a program                   aid, benefits, or services 1307.4(c)............................  from a program                              from aid, benefits, or                                                                                     services 1307.4(d), first sentence............  programs and activities                     programs or activities 1307.4(d), last sentence.............  programs                                    aid, benefits, or services 1307.5(c)(8).........................  social                                      those that are social 1307.5(c)(8).........................  programs                                    ............................. 1307.5(d)............................  apprenticeship programs                     apprenticeships 1307.5(e)(2)(i)......................  programs                                    programs or activities 1307.6(a)............................  program                                     program or activity 1307.6(b)(1), third sentence.........  program                                     ............................. 1307.6(b)(1), last sentence..........  programs or activities                      aid, benefits, or services 1307.6(b)(2), introductory text,       make covered programs or activities in      comply with paragraph (b)(1)  second sentence.                       existing facilities recipient accessible    of this section 1307.6(c), second sentence...........  program                                     ............................. 1307.6(c), fourth sentence...........  program                                     ............................. 1307.6(d)(1).........................  program                                     program or activity 1307.7(a), last sentence.............  in the program                              .............................     1307.7(b), first sentence............  through a program of                        with 1307.7(b), second sentence...........  under a program of                          with 1307.7(b), third sentence............  program                                     statute 1307.8(b), last sentence.............  of any program under in 1307.8(d)............................  program under which                         program or activity for which 1307.10(c), last sentence............  program                                     program or activity 1307.11(e) first sentence............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 1307.12(f)...........................  under the program involved                  to which this regulation                                                                                     applies 1307.12(f)...........................  assistance will                             assistance to which this                                                                                     regulation applies will 1307.12(f)...........................  under such program                          ............................. 1307.13(a)(2)........................  program                                     program or activity 1307.13(b), first sentence...........  programs                                    programs or activities ----------------------------------------------------------------------------------------------------------------  PART 1309--NONDISCRIMINATION WITH RESPECT TO AGE  0 9. The authority citation for part 1309 continues to read as follows:       Authority: TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16  U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act  of 1975, 89 Stat. 729 (1975), as amended, 42 U.S.C. 6103 (1976).   0 10. Section 1309.1 is amended by redesignating paragraphs (h) through  (l) as paragraphs (i) through (m), and adding paragraph (h) to read as  follows:  Sec.  1309.1  What are the defined terms in this part and what do they  mean?  * * * * *     (h) Program or activity means all of the operations of any entity  described in paragraphs (h)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (h)(1), (2), or (3) of this section.  0 11. The heading for Sec.  1309.4 is revised to read as follows:   Sec.  1309.4  What programs or activities are covered by the Act and  this part?  * * * * *  0 12. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1309.2, last sentence................  programs and activities                     programs or activities 1309.9(a), last sentence.............  in the program                              ............................. 1309.9(b), second sentence...........  under a program of                          with 1309.9(b), third sentence............  program                                     statute 1309.10(a), first sentence...........  programs and activities                     programs or activities 1309.12(a), last sentence............  of any program under                        in 1309.12(c)...........................  program under which                         program or activity for which 1309.14(a), third sentence...........  program                                     ............................. 1309.14(d)(2), last sentence.........  program                                     ............................. 1309.15(b), first sentence...........  prograrm                                    program 1309.15(c)(2), first sentence........  the TVA program                             the program 1309.16, last sentence...............  program or activity                         Federal financial assistance 1309.17(e), first sentence...........  programs                                    Federal statutes,                                                                                     authorities, of other means                                                                                     by which Federal financial                                                                                     assistance is extended and 1309.17(f)(3)........................  under the program involved                  to which this regulation                                                                                     applies 1309.17(f)(3)........................  assistance will                             assistance to which this                                                                                     regulations applies will 1309.17(f)(3)........................  under such program 1309.18(c) program...................  program or activity ----------------------------------------------------------------------------------------------------------------          Dated: May 29, 2001. Steven R. Ayers, General Manager, Contracts/Supplier & Diverse Business Relations,  Tennessee Valley Authority.  DEPARTMENT OF STATE  22 CFR Chapter I  RIN 1400-AB17  Authority and Issuance  0 For the reasons set forth in the joint preamble, the Department of  State amends 22 CFR chapter I, parts 141 through 143 as set forth  below:  PART 141--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE  DEPARTMENT OF STATE--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS  ACT OF 1964  0 1. The authority citation for part 141 continues to read as follows:      Authority: Sec. 602, 78 Stat. 252, sec. 4, 63 Stat. 111, as  amended; 42 U.S.C. 2000d-1, 22 U.S.C. 2658.   0 2. Section 141.3 is amended by revising the heading of paragraph (c) to  read as follows:   Sec.  141.3  Discrimination prohibited.  * * * * *     (c) Special benefits. * * * * * * * *  0 3. Section 141.4 is amended by revising paragraph (b)(2) to read as  follows:  Sec.  141.4  Assurances required.  * * * * *     (b) * * *     (2) The assurance required with respect to an institution of higher  education, or any other institution, insofar as the assurance relates  to the institution's practices with respect to admission or other  treatment of individuals as students, or clients of the institution or  to the opportunity to participate in the provision of services or other  benefits to such individuals, shall be applicable to the entire  institution. * * * * *  0 4. Section 141.12 is amended by revising paragraph (f) to read as  follows:   Sec.  141.12  Definitions.  * * * * *     (f) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (f)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (f)(1), (2), or (3) of this section. * * * * *  Appendix A to Part 141 [Amended]  0 5. The heading for appendix A to part 141 is amended by removing the  words ``Grants and Activities'' and adding, in their place, the words  ``Federal Financial Assistance''.  0 6. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 141.2, first sentence................  federally-assisted programs and activities  types of Federal financial                                                                                     assistance 141.2, second sentence...............  under any such program                      ............................. 141.2(b).............................  under any such program                      ............................. 141.2(c).............................  under any such program                      ............................. 141.2, penultimate sentence..........  program or activity                         type of Federal financial                                                                                     assistance 141.2, penultimate sentence..........  such program                                a program 141.3(b)(1), introductory text.......  under any program                           ............................. 141.3(c).............................  the benefits of a program                   benefits 141.4(a)(1), first sentence..........  to carry out a program                      ............................. 141.4(a)(2), third sentence..........  a program of                                ............................. 141.4(a)(3), first sentence..........  for each program,                           ............................. 141.4(a)(3), first sentence..........  in the program                              ............................. 141.4(b)(1)..........................  a student loan program                      student loans 141.5(b), last sentence..............  of any program under                        in 141.5(d).............................  program under which                         program for which 141.8(e), first sentence.............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 141.9(f).............................  under the program involved                  to which this regulation                                                                                     applies 141.9(f).............................  assistance will                             assistance to which this                                                                                     regulation applies will 141.9(f).............................  under such program                          ............................. 141.12(c)............................  the program extending                       ............................. 141.12(g)............................  for any program,                            ............................. 141.12(g)............................  under any such program                      ............................. 141.12(h)............................  for the purpose of carrying out a program   ............................. ----------------------------------------------------------------------------------------------------------------     PART 142--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 7. The heading for part 142 is revised to read as set forth above. 0 8. The authority citation for part 142 continues to read as follows:      Authority: 29 U.S.C. 794.   0 9. Section 142.3 is amended by adding paragraph (m) to read as follows:   Sec.  142.3  Definitions.  * * * * *     (m) Program or activity means all of the operations of any entity  described in paragraphs (m)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or (ii) The entity  of such State or local government that distributes such assistance and  each such department or agency (and each other State or local  government entity) to which the assistance is extended, in the case of  assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (m)(1), (2), or (3) of this section.  0 10. Section 142.4 is amended by revising the heading of paragraph (c)  to read as follows:   Sec.  142.4  Discrimination prohibited.  * * * * *     (c) Aid, benefits, or services limited by Federal law. * * * * * * * *  0 11. The heading for subpart C is revised to read as follows:  Subpart C--Accessibility  0 12. Section 142.16 is amended by revising the heading and first  sentence of paragraph (a) to read as follows:   Sec.  142.16  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which this part applies so that when each part is viewed in  its entirety it is readily accessible to and usable by handicapped  persons. * * * * * * * *  Appendix to Part 142 [Amended]  0 13. The heading for appendix A to part 142 is amended by removing the  words ``Grants and Activities'' and adding, in their place, the words  ``Federal Financial Assistance''.  0 14. The introductory text for appendix A to part 142 is amended by  removing the words ``Programs of'' and adding, in their place, the  words ``Types of Federal''.  0 15. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 142.2, introductory text, first        all programs                                all programs or activities  sentence. 142.2, introductory text, first        federally-assisted programs and activities  types of Federal financial  sentence.                                                                          assistance 142.2, introductory text, second       under any such program                      .............................  sentence. 142.2(b).............................  under any such program                      ............................. 142.2(c).............................  under any such program                      ............................. 142.2(d), last sentence..............  program                                     Federal financial assistance 142.4(a).............................  or benefits from                            ............................. 142.4(b)(1)(v).......................  recipients program                          recipient's program or                                                                                     activity 142.4(b)(3)..........................  programs or activities                      aid, benefits, or services 142.4(b)(4)(ii)......................  program                                     program or activity 142.4(b)(5)(i).......................  or benefits from                            ............................. 142.4(b)(6)..........................  or benefiting from                          ............................. 142.4(c).............................  the benefits or a program                   aid, benefits, or services 142.4(d).............................  programs and activities                     programs or activities 142.4(e).............................  programs and activities                     programs or activities 142.5(a), first sentence.............  for a program or activity                   ............................. 142.5(a), first sentence.............  program will                                program or activity will 142.6(a)(3)(i).......................  program                                     program or activity 142.6(a)(3)(ii)......................  program                                     program or activity 142.8(a), second sentence............  programs and activities                     programs or activities 142.11(a)(3), last sentence..........  apprenticeship programs                     apprenticeships 142.11(b)(8).........................  social                                      those that are social 142.11(b)(8).........................  programs                                    ............................. 142.12(a)............................  program                                     program or activity 142.12(c), introductory text.........  program                                     program or activity 142.12(c)(1).........................  program                                     program or activity 142.16(b), last sentence.............  offer programs and activities to            serve 142.16(d)(3).........................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 142.41...............................  programs and activities                     programs or activities 142.41...............................  or benefit from                             ............................. 142.43(a)............................  program or activity                         aid, benefits, or services 142.43(b)............................  programs activities                         programs or activities 142.43(d)............................  programs and activities                     programs or activities     142.44(a), second sentence...........  program of                                  ............................. 142.44(c)............................  in its program                              ............................. 142.44(d)(1).........................  under the education program or activity     .............................                                         operated by the recipient 142.47(a)(1), first sentence.........  programs and activities                     aid, benefits, or services 142.61...............................  programs and activities                     programs or activities 142.61...............................  or benefit from                             ............................. ----------------------------------------------------------------------------------------------------------------  PART 143--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 16. The authority citation for part 143 is revised to read as follows:      Authority: Age Discrimination Act of 1975, as amended, (42  U.S.C. 6101 et seq.); 22 U.S.C. 2658; 45 CFR part 90.   0 17. The heading of Sec.  143.2 is revised to read as follows:  Sec.  143.2  To what programs or activities do these regulations apply?  * * * * *  0 18. Section 143.3 is amended by redesignating paragraphs (b)(2) and  (b)(3) as paragraphs (b)(3) and (b)(4) and adding a new paragraph  (b)(2) to read as follows:   Sec.  143.3  Definitions.  * * * * *     (b) * * *     (2) Program or activity means all of the operations of any entity  described in paragraphs (b)(2)(i) and (iv) of this section, any part of  which is extended Federal financial assistance:     (i)(A) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (B) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (ii)(A) A college, university, or other postsecondary institution,  or a public system of higher education; or     (B) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (iii)(A) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (1) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (2) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (B) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (iv) Any other entity which is established by two or more of the  entities described in paragraph (b)(2)(i), (ii), or (iii) of this  section. * * * * *  Appendix A to Part 143 [Amended]  0 19. The heading for appendix A to part 143 is amended by removing the  word ``Programs'' and adding, in its place, the words ``Federal  Financial Assistance''.  0 20. The undesignated center heading in appendix A to part 143 is  amended by removing the words ``Programs of'' and adding, in their  place, the words ``Types of Federal''.  Appendix B to Part 143 [Amended]  0 21. The heading for appendix B to part 143 is amended by removing the  word ``Programs'' and adding, in its place, the words ``Federal  Financial Assistance''.  0 22. The undesignated center heading in appendix B to part 143 is  amended by removing the words ``Programs of'' and adding, in their  place, the words ``Types of Federal''.  Appendix C to Part 143 [Amended]  0 23. The heading for appendix C to part 143 is amended by removing the  word ``Programs'' and adding, in its place, the words ``Federal  Financial Assistance''.  0 24. The undesignated center heading in appendix C to part 143 is  amended by removing the words ``Program of'' and adding, in their  place, the words ``Types of Federal''.  0 25. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 143.1, last sentence.................  programs and activities                     programs or activities 143.2................................  or benefits from                            ............................. 143.21...............................  programs and activities                     programs or activities 143.34(a)(2), last sentence..........  program                                     ............................. 143.36(c)(2), first sentence.........  Federal                                     ............................. 143.39(b)(2).........................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------          Dated: May 18, 2001. Grant S. Green, Jr., Under Secretary for Management.  AGENCY FOR INTERNATIONAL DEVELOPMENT  22 CFR Chapter II  RIN 0412-AA45  Authority and Issuance  0 For the reasons set forth in the joint preamble, AID amends 22 CFR  chapter II, parts 209, 217, and 218, as set forth below:  PART 209-NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE  AGENCY FOR INTERNATIONAL DEVELOPMENT--EFFECTUATION OF TITLE VI OF  THE CIVIL RIGHTS ACT OF 1964  0 1. The authority citation for part 209 continues to read as follows:      Authority: Sec. 602, 78 Stat. 252, and sec. 621, Foreign  Assistance Act of 1961, 75 Stat. 445; 22 U.S.C. 2402.   0 2. Section 209.3 is amended by revising paragraph (g) to read as  follows:   Sec.  209.3  Definitions.  * * * * *     (g) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (g)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1) (i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2) (i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3) (i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *  0 3. Section 209.5 is amended by revising paragraph (b)(2) to read as  follows:   Sec.  209.5  Assurance required.  * * * * *     (b) * * *     (2) The assurance required with respect to an institution of higher  education or any other institution, insofar as the assurance relates to  the institution's practices with respect to admission or other  treatment of individuals as students or clients of the institution or  to the opportunity to participate in the provision of services or other  benefits to such individuals, shall be applicable to the entire  institution.  0 4. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 209.2, first sentence................  federally-assisted programs and activities  types of Federal financial                                                                                     assistance 209.2, second sentence...............  under any such program 209.2(b).............................  under any such program 209.2(c).............................  under any such program 209.2, last sentence.................  program                                     Federal financial assistance 209.3(f).............................  for the purpose of carrying out a program 209.3(h).............................  for any program, 209.3(h).............................  under any such program 209.4(b)(1), introductory text.......  under any program 209.5(a)(1), first sentence..........  to carry out a program 209.5(a)(1), first sentence..........  except a program                            except an application 209.5(a)(1), fifth sentence..........  for each program 209.5(a)(1), fifth sentence..........  in the program 209.5(a)(2), first sentence..........  through a program of                        with 209.5(a)(2), second sentence.........  under a program of                          with 209.5(a)(2), third sentence..........  program                                     statute 209.5(b)(1)..........................  for a student assistance program            for student assistance 209.6(b), last sentence..............  of any program under                        in 209.6(d).............................  under                                       for 209.9(e), first sentence.............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 209.10(e)............................  under the program involved                  to which this regulation                                                                                     applies 209.10(e)............................  assistance will                             assistance to which this                                                                                     regulation applies will 209.10(e)............................  under such program 209.12(a), first sentence............  under such program 209.13...............................  programs                                    Federal financial assistance ----------------------------------------------------------------------------------------------------------------     PART 217--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 5. The heading for part 217 is revised to read as set forth above.  0 6. The authority citation for part 217 continues to read as follows:      Authority: 29 U.S.C. 794, unless otherwise noted.   0 7. Section 217.3 is amended by adding a new paragraph (l) to read as  follows:   Sec.  217.3  Definitions.  * * * * *     (1) Program or activity means all of the operations of any entity  described in paragraphs (l)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (l)(1), (2), or (3) of this section.  0 8. Section 217.4 is amended by revising the heading of paragraph (c) to  read as follows:   Sec.  217.4  Discrimination prohibited.  * * * * *     (c) Aid, benefits, or services limited by Federal law. * * *  Subpart C of Part 217--[Amended]  0 9. The heading for subpart C is amended by removing the word  ``Program''.  0 10. Section 217.22 is amended by revising the heading and first  sentence of paragraph (a) to read as follows:   Sec.  217.22  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which this part applies so that when each part is viewed in  its entirety it is readily accessible to handicapped persons. * * * * * * * *  0 11. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 217.2, first sentence................  programs carried                            programs or activities                                                                                     carried 217.2, first sentence................  federally-assisted programs and activities  types of Federal financial                                                                                     assistance 217.2, second sentence...............  under any such program 217.2(b).............................  under any such program 217.2(c).............................  under any such program 217.2, last sentence.................  program                                     Federal financial assistance 217.4(a).............................  or benefits from 217.4(b)(1)(v).......................  program                                     program or activity 217.4(b)(3)..........................  programs or activities                      aid, benefits, or service 217.4(b)(4)(ii)......................  program                                     program or activity 217.4(b)(5)(i).......................  or benefits from 217.4(b)(6)..........................  or benefiting from 217.4(c).............................  the benefits of a program                   aid, benefits, or services 217.4(c).............................  from a program                              from aid, benefits, or                                                                                     services 217.5(a), first sentence.............  for a program or activity 217.5(a), first sentence.............  the program                                 the program or activity 217.6(a)(3)(i).......................  program                                     program or activity 217.6(a)(3)(ii)......................  program                                     program or activity 217.6(a)(3)(iii).....................  program                                     program or activity 217.8(a), second sentence............  programs and activities                     programs or activities 217.11(a)(3), last sentence..........  apprenticeship programs                     apprenticeships 217.11(b)(8).........................  social                                      those that are social or                                                                                     recreational 217.11(b)(8).........................  programs 217.12(a)............................  program                                     program or activity 217.12(c), introductory text.........  program                                     program or activity 217.12(c)(1).........................  program                                     program or activity 217.14(b)............................  programs                                    program 217.22(b), last sentence.............  offer programs and activities to            serve 217.22(d)(3).........................  program accessibility                       accessibility under Sec.                                                                                     217.22(a) 217.41...............................  programs and activities                     programs or activities 217.41...............................  or benefit from 217.43(a)............................  program or activity                         aid, benefits, or services 217.43(d)............................  programs and activities                     program or activity 217.44(a), second sentence...........  program of 217.44(c)............................  in its program 217.44(d)(1).........................  under the education program or activity                                         operated by the recipient 217.47(a)(1), first sentence.........  programs and activities                     aid, benefits, or services ----------------------------------------------------------------------------------------------------------------     PART 218--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 12. The authority citation for part 218 continues to read as follows:      Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.  6101 et seq.; 45 CFR part 90; 22 U.S.C. 2658, unless otherwise  noted.   0 13. The heading for Sec.  218.02 is revised to read as follows:   Sec.  218.02  To what programs or activities do these regulations  apply?  * * * * *  0 14. Section 218.03 is amended by adding paragraph (b)(4) to read as  follows:   Sec.  218.03  Definitions.  * * * * *     (b) * * *     (4) Program or activity means all of the operations of any entity  described in paragraphs (b)(4)(i) through (iv) of this section, any  part of which is extended Federal financial assistance:     (i)(A) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (B) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (ii)(A) A college, university, or other postsecondary institution,  or a public system of higher education; or     (B) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (iii)(A) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (1) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (2) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (B) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (iv) Any other entity which is established by two or more of the  entities described in paragraph (b)(4)(i), (ii), or (iii) of this  section.  Appendices A, B, and C to Part 218 [Amended]  0 15. The headings for appendices A, B, and C to part 218 are amended by  removing the words ``Affected Programs'' and adding, in their place,  the words ``Types of Federal Financial Assistance''.  0 16. The undesignated center headings immediately following the headings  for appendices A and B to part 218 are amended by removing the words  ``Programs of'' and adding, in their place, the word ``Federal''.  0 17. The undesignated center heading immediately following the heading  for appendix C to part 218 is amended by removing the words ``Program  of'' and adding, in their place, the word ``Federal''.  0 18. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 218.01, last sentence................  programs and activities                     programs or activities 218.02...............................  or benefits from 218.21...............................  programs and activities                     program or activities 218.34(a)(2), last sentence..........  program 218.36(c)(2).........................  Federal 218.39(b)(2).........................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------       Dated: May 1, 2001. Jessalyn L. Pendarvis, Director, Office of Equal Opportunity Programs, Agency for  International Development.  DEPARTMENT OF JUSTICE  28 CFR Chapter I  [A.G. Order No. 2679-2003]  RIN 1190-AA49  Authority and Issuance  0 For the reasons set forth in the joint preamble, DOJ amends 28 CFR  chapter I, part 42 as set forth below:  PART 42--NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES  AND PROCEDURES  Subpart C--Nondiscrimination in Federally Assisted Programs-- Implementation of Title VI of the Civil Rights Act of 1964 \1\ ---------------------------------------------------------------------------      \1\ See also 28 CFR 50.3. Guidelines for enforcement of Title  VI, Civil Rights Act. ---------------------------------------------------------------------------  0 1. The authority citation for subpart C is revised to read as follows:       Authority: 42 U.S.C. 2000d-2000d-7; E.O. 12250, 45 FR 72995, 3  CFR, 1980 Comp., p. 298.  0 2. Section 42.102 is amended by revising paragraph (d) to read as  follows:   Sec.  42.102  Definitions.  * * * * *     (d) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (d)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--        (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (d)(1), (2), or (3) of this section. * * * * *  0 3. Section 42.104 is amended by revising paragraph (b)(4) to read as  follows:   Sec.  42.104  Discrimination prohibited.  * * * * *     (b) * * *     (4) For the purposes of this section the disposition, services,  financial aid, or benefits provided under a program receiving Federal  financial assistance shall be deemed to include all portions of the  recipient's program or activity, including facilities, equipment, or  property provided with the aid of Federal financial assistance. * * * * *  0 4. Section 42.105 is amended by revising paragraph (b), paragraph  (c)(2), and the heading of paragraph (d) to read as follows:   Sec.  42.105  Assurance required.  * * * * *     (b) Assurances from government agencies. In the case of any  application from any department, agency, or office of any State or  local government for Federal financial assistance for any specified  purpose, the assurance required by this section shall extend to any  other department, agency, or office of the same governmental unit if  the policies of such other department, agency, or office will  substantially affect the project for which Federal financial assistance  is requested.     (c) * * *     (2) The assurance required with respect to an academic institution,  detention or correctional facility, or any other institution or  facility, insofar as the assurance relates to the institution's  practices with respect to admission or other treatment of individuals  as students, patients, wards, inmates, persons subject to control, or  clients of the institution or facility or to the opportunity to  participate in the provision of services, disposition, treatment, or  benefits to such individuals, shall be applicable to the entire  institution or facility.     (d) Continuing Federal financial assistance. * * * * * * * * 0 5. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 42.102(f)............................  for any program, 42.102(f)............................  under any such program 42.102(g)............................  for the purpose of carrying out a program 42.103, introductory text, second      under any such program  sentence. 42.104(b)(1), introductory text......  under any program 42.105(a)(1), first sentence.........  to carry out a program 42.105(a)(1), fourth sentence........  for each program 42.105(a)(1), fourth sentence........  in the program 42.105(a)(2), first sentence.........  through a program of                        with 42.105(a)(2), second sentence........  under a program of                          with 42.105(a)(2), last sentence..........  program                                     statute 42.105(d), introductory text.........  administering a program which receives      applying for 42.106(b), last sentence.............  of any program under                        in 42.106(d)............................  program under which                         program for which 42.109(e), first sentence............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 42.110(f)............................  under the program involved                  to which this regulation                                                                                     applies 42.110(f)............................  assistance will                             assistance to which this                                                                                     regulation applies will 42.110(f)............................  under such program ----------------------------------------------------------------------------------------------------------------   0 6. The heading for subpart G is revised to read as follows:  Subpart G--Nondiscrimination Based on Handicap in Federally  Assisted Programs or Activities--Implementation of Section 504 of  the Rehabilitation Act of 1973  0 7. The authority citation for subpart G continues to read as follows:      Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 29 U.S.C. 706, 794;  E.O. 12250.   Sec.  42.520  [Amended]  0 8. The undesignated center heading immediately preceding Sec.  42.520  is amended by removing the word ``Program.''  0 9. Section 42.521 is amended by revising the heading and first sentence  of paragraph (a) to read as follows:   Sec.  42.521  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which this subpart applies so that when each part is viewed  in its entirety it is readily accessible to and usable by handicapped  persons. * * * * * * * *  0 10. Section 42.540 is amended by revising paragraph (h) to read as  follows:   Sec.  42.540  Definitions.  * * * * *     (h) Program or activity means all of the operations of any entity  described in paragraphs (h) (1) through (4) of this section, any part  of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or        (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (h)(1), (2), or (3) of this section. * * * * *  Appendix A to Subpart G of Part 42 [Amended]  0 11. The Note in appendix A to subpart G is amended by removing the word  ``program'' and adding, in its place, the words ``program or  activity.''  0 12. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 42.501...............................  program                                     program or activity 42.502, first sentence...............  program                                     program or activity 42.502, first sentence...............  or benefiting from 42.502, last sentence................  program                                     program or activity 42.503(a)............................  program                                     program or activity 42.503(a)............................  or benefiting from 42.503(b)(1), introductory text......  program                                     program or activity 42.503(b)(1)(i)......................  program                                     program or activity 42.503(b)(1)(ii).....................  program                                     program or activity 42.503(b)(1)(iv).....................  program                                     program or activity 42.503(b)(1)(vi).....................  program                                     program or activity 42.503(b)(2).........................  program                                     program or activity 42.503(b)(2).........................  program                                     aid, benefits, or services 42.503(b)(3).........................  program                                     program or activity 42.503(b)(4).........................  program                                     program or activity 42.503(b)(5).........................  a program                                   aid, benefits, or services 42.503(b)(5).........................  any program                                 any program or activity 42.503(b)(6).........................  program                                     entity 42.503(c)............................  programs                                    aid, benefits, or services 42.503(d)............................  programs                                    programs or activities 42.503(f), first sentence............  program                                     program or activity 42.504(a), first sentence............  program                                     program or activity 42.504(a), second sentence...........  for each of its assistance programs 42.504(a), second sentence...........  program                                     program or activity 42.504(b)............................  program                                     program or activity 42.505(a), last sentence.............  program                                     program or activity 42.505(b)............................  program                                     program or activity 42.505(f)(1), second sentence........  programs                                    programs or activities 42.510(a)(1).........................  program                                     program or activity 42.510(a)(1).........................  or benefiting from 42.510(a)(2).........................  program                                     program or activity 42.510(a)(3), last sentence..........  apprenticeship programs                     apprenticeships 42.510(b)(7).........................  social                                      those that are social 42.510(b)(7).........................  programs 42.511(a)............................  program                                     program or activity 42.511(c), introductory text.........  program                                     program or activity 42.511(c)(1).........................  program                                     program or activity 42.520...............................  program                                     program or activity 42.521(b), first sentence............  in making its program accessible to its     in making its program or                                         program accessible                          activity accessible 42.521(b), last sentence.............  offer programs to                           serve 42.521(b), last sentence.............  to obtain the full benefits of the program 42.521(d)(1).........................  program                                     program or activity 42.521(d)(3).........................  program accessibility                       accessibility under Sec.                                                                                     42.521(a) 42.530(a), first sentence............  programs                                    programs or activities 42.530(b)............................  programs                                    programs or activities 42.530(c)............................  programs                                    programs or activities 42.540(i), first sentence............  programs                                    programs or activities ----------------------------------------------------------------------------------------------------------------      0 13. The heading for subpart I is revised to read as follows:  Subpart I--Nondiscrimination on the Basis of Age in Federally  Assisted Programs or Activities; Implementation of the Age  Discrimination Act of 1975  0 14. The authority citation for subpart I continues to read as follows:      Authority: 42 U.S.C. 6103(a)(4); 45 CFR part 90.   0 15. Section 42.702 is amended by revising the definition of ``Program  or activity'' to read as follows:   Sec.  42.702  Definitions.  * * * * *     Program or activity means all of the operations of any entity  described in paragraphs (1) through (4) of this definition, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (1), (2), or (3) of this definition. * * * * *  0 16. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 42.701(b)............................  programs                                    programs or activities 42.710(b), last sentence.............  program                                     program or activity 42.712(a)(2).........................  program                                     program or activity 42.712(b)(2).........................  program                                     program or activity 42.712(c)............................  program                                     program or activity 42.713(b), last sentence.............  program                                     program or activity 42.714...............................  program                                     program or activity 42.720, first sentence...............  program                                     program or activity 42.724(b)............................  program                                     program or activity 42.725...............................  programs and activities                     programs or activities 42.733(b)(1)(i)(A)...................  program                                     program or activity 42.733(b)(2), last sentence..........  programs                                    programs or activities 42.733(b)(3), last sentence..........  program                                     program or activity ----------------------------------------------------------------------------------------------------------------       Dated: July 1, 2003. John Ashcroft, Attorney General.  DEPARTMENT OF LABOR  29 CFR Subtitle A  RIN 1291-AA31  Authority and Issuance  0 For the reasons set forth in the joint preamble, DOL amends 29 CFR  subtitle A, parts 31 and 32 as set forth below:  PART 31--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE  DEPARTMENT OF LABOR--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS  ACT OF 1964  0 1. The authority citation for part 31 continues to read as follows:      Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 501, 29 U.S.C. 49k,  5 U.S.C. 301.   0 2. Section 31.2 is amended by revising paragraph (g) to read as  follows:   Sec.  31.2  Definitions.  * * * * *     (g) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (g)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *  0 3. Section 31.3 is amended by revising the heading of paragraph (d)(1)  to read as follows:    Sec.  31.3  General standards.  * * * * *     (d) * * *     (1) Employment service. * * * * * * * *  0 4. Section 31.6 is amended by revising the heading of paragraph (b) to  read as follows:   Sec.  31.6  Assurances required.  * * * * *     (b) Continuing Federal financial assistance. * * *  0 5. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 31.2(f)..............................  for the purpose of carrying out a program 31.2(h)..............................  for any program, 31.2(h)..............................  under any such program 31.3(b)(1), introductory text........  under any program 31.3(d), introductory text, first      programs and activities                     types of Federal financial  sentence.                                                                          assistance 31.3(d), introductory text third       particular program                          particular type of Federal  sentence.                                                                          financial assistance 31.3(d), introductory text, last       listed program                              listed type of Federal  sentence.                                                                          financial assistance 31.3(d), introductory text, last       that program that                           assistance  sentence. 31.3(d), introductory text, last       other programs or activities                programs or activities  sentence.                                                                          receiving other types of                                                                                     Federal financial assistance 31.5(b), last sentence...............  of any program under                        in 31.5(d)..............................  under                                       for 31.6(a)(1), first sentence...........  to carry out a program 31.6(a)(1), first sentence...........  to carry out such program 31.6(a)(1), first sentence...........  except a program                            except an application 31.6(a)(1), second sentence..........  Every program                               Every award 31.6(a)(1), sixth sentence...........  for each program 31.6(a)(1), sixth sentence...........  in this program 31.6(a)(2), second sentence..........  under a program of                          with 31.6(a)(2), third sentence...........  program under                               statute under 31.6(b), introductory text...........  to carry out a program involving            for 31.9(e), first sentence..............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 31.10(e).............................  under the program involved                  to which this regulation                                                                                     applies 31.10(e).............................  assistance will                             assistance to which this                                                                                     regulation applies will 31.10(e).............................  under such program 31.12(a),............................  first sentence under such program ----------------------------------------------------------------------------------------------------------------  PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 6. The heading for part 32 is revised to read as set forth above.  0 7. The authority citation for part 32 continues to read as follows:      Authority: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93-112,  87 Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation Act  Amendments of 1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C. 706);  secs. 119 and 122 of the Rehabilitation Comprehensive Services and  Developmental Disabilities Amendments of 1978, Pub. L. 95-602, 92  Stat. 2955; Executive Order 11914, 41 FR 17871.  0 8. Section 32.2 is amended by revising paragraph (a) to read as  follows:   Sec.  32.2  Application.      (a) This part applies to each recipient of Federal financial  assistance from the Department of Labor, and to every program or  activity that receives such assistance. * * * * *  0 9. Section 32.3 is amended by adding, in alphabetical order, a  definition of Program or activity to read as follows:   Sec.  32.3  Definitions.  * * * * *     Program or activity means all of the operations of any entity  described in paragraphs (1) through (4) of this definition, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (1), (2), or (3) of this definition. * * * * *  0 10. Section 32.4 is amended by revising the heading of paragraph (c) to  read as follows:   Sec.  32.4  Discrimination prohibited.  * * * * *     (c) Aid, benefits, services, or training limited by Federal law. *  * * * * * * *  0 11. Section 32.5 is amended by revising paragraph (d) to read as  follows:   Sec.  32.5  Assurances required.  * * * * *        (d) Interagency agreements. Where funds are granted by the  Department to another Federal agency, and where the grant obligates the  recipient agency to comply with the rules and regulations of the  Department applicable to that grant the provisions of this part shall  apply to programs or activities operated with such funds.  0 12. The heading for subpart B is revised to read as follows:  Subpart B--Employment Practices and Employment Related Training  Participation  0 13. The heading for subpart C is revised to read as follows:  Subpart C--Accessibility  0 14. Section 32.27 is amended by revising the section heading and the  first sentence of paragraph (a) to read as follows:   Sec.  32.27  Accessibility.      (a) Purpose. A recipient shall operate each program or activity to  which this part applies so that when each part is viewed in its  entirety it is readily accessible to qualified handicapped individuals.  * * * * * * * *  0 15. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 32.1.................................  or benefiting from 32.1, last sentence..................  programs and activities                     programs or activities 32.3, definition of Facility.........  program                                     program or activity 32.3, definition of Qualified          program                                     program or activity  handicapped individual, paragraph  (b). 32.3, definition of Qualified          programs  handicapped individual, paragraph  (c). 32.3, definition of Qualified          in the program                              in the program or activity  handicapped individual, paragraph  (c). 32.3, definition of Reasonable         training program                            training  accommodation, introductory text,  first sentence. 32.3, definition of Reasonable         an employment                               employment  accommodation, introductory text,  first sentence. 32.3, definition of Reasonable         recipient's program                         recipient's program or  accommodation, introductory text,                                                  activity  first sentence. 32.3, definition of Reasonable         where the program                           where the program or activity  accommodation paragraph (a). 32.4(a)..............................  or benefits from 32.4(b)(1)(v)........................  program                                     program or activity 32.4(b)(2)...........................  services and training                       services or training 32.4(b)(3)...........................  programs or activities                      aid, benefits, services, or                                                                                     training 32.4(b)(4)(ii).......................  program                                     program or activity 32.4(b)(5)(i)........................  or benefits from 32.4(b)(6)...........................  or benefiting from 32.4(b)(7)(i), first sentence........  under programs of                           receiving 32.4(b)(7)(i), second sentence.......  programs of employment                      employment 32.4(c)..............................  the benefits of a program                   aid, benefits, program                                                                                     services, or training 32.4(c)..............................  individuals from a program                  individuals from aid,                                                                                     benefits, services, or                                                                                     training 32.4(d)..............................  programs and activities                     programs or activities 32.5(a), first sentence..............  for a program or activity 32.5(a), first sentence..............  program will                                program or activity will 32.5(b)(3)...........................  program                                     program or activity 32.6(a)(3)(i)........................  program                                     program or activity 32.6(a)(3)(ii).......................  program                                     program or activity 32.8(a), second sentence.............  programs and activities                     programs or activities 32.10(a).............................  programs                                    programs or activities 32.12(a)(1), last sentence...........  programs                                    under programs or activities 32.12(a)(3), last sentence...........  apprenticeship programs                     apprenticeships 32.12(b)(8)..........................  social                                      those that are social 32.12(b)(8)..........................  programs 32.13(a).............................  program                                     program or activity 32.13(b), introductory text..........  program                                     program or activity 32.13(b)(1)..........................  program                                     program or activity 32.13(b)(2)..........................  training program                            training 32.13(d).............................  program                                     program or activity 32.15(c)(1), second sentence.........  training programs                           training 32.17(a), last sentence..............  programs of                                 programs or activities                                                                                     receiving 32.27(a), third sentence.............  particular program                          particular aid, benefit,                                                                                     service, or training 32.27(a), third sentence.............  program must                                aid, benefit, service, or                                                                                     training must 32.27(a), fourth sentence............  program accessibility                       Accessibility 32.27(a), fourth sentence............  program accessible                          program or activity                                                                                     accessible 32.27(b)(1)..........................  including                                   including those involving 32.27(b)(1)..........................  when                                        when each part is 32.27(b)(2), second sentence.........  programs 32.27(c), last sentence..............  offer programs and activities to            serve 32.27(e)(3)..........................  program accessibility                       accessibility under Sec.                                                                                     32.27(a) 32.44(b), second sentence............  programs                                    programs or activities 32.44(b), last sentence..............  of any program under                        in 32.46(c)(2), last sentence...........  program                                     program or activity     32.47(c).............................  programs                                    programs or activities ----------------------------------------------------------------------------------------------------------------       Dated: July 24, 2001. Elaine L. Chao, Secretary, Department of Labor.  DEPARTMENT OF VETERANS AFFAIRS  38 CFR Chapter I  RIN 2900-AK13  Authority and Issuance  0 For the reasons set forth in the joint preamble, VA amends 38 CFR  chapter I, part 18 as set forth below:  PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE  DEPARTMENT OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE  CIVIL RIGHTS ACT OF 1964  Subpart A--General  0 1. The authority citation for subpart A continues to read as follows:      Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the  laws referred to in Appendix A.   0 2. Section 18.4 is amended by revising the heading of paragraph (b) and  paragraph (d) to read as follows:   Sec.  18.4  Assurances required.  * * * * *     (b) Continuing Federal financial assistance. * * * * * * * *     (d) Extent of application to institution or facility. In the case  where any assurances are required from an academic, a medical care, or  any other institution or facility, insofar as the assurances relate to  the institution's practices with respect to the admission, care, or  other treatment of persons by the institution or with respect to the  opportunity of persons to participate in the receiving or providing of  services, treatment, or benefits, such assurances shall be applicable  to the entire institution or facility.  0 3. Section 18.13 is amended by revising paragraph (f) to read as  follows:   Sec.  18.13  Definitions.  * * * * *     (f) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (f)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (f)(1), (2), or (3) of this section. * * * * *  0 4. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 18.2, first sentence.................  the federally assisted programs and         the types of Federal                                         activities                                  financial assistance 18.2, second sentence................  under any such program 18.2(b)..............................  under any such program 18.2(c)..............................  under any such program 18.2, penultimate sentence...........  program or activity                         type of Federal financial                                                                                     assistance 18.2, penultimate sentence...........  such program                                a program 18.2, last sentence..................  programs                                    types of Federal financial                                                                                     assistance 18.3(b)(1), introductory text........  under any program 18.4(a)(1), first sentence...........  to carry out a program 18.4(a)(1), first sentence...........  except a program                            except an application 18.4(a)(1), second sentence..........  program                                     award 18.4(a)(1), sixth sentence...........  for each program, 18.4(a)(1), sixth sentence...........  in the program 18.4(b), introductory text, first      to carry out a program involving            for  sentence. 18.4(b), introductory text, first      programs                                    types of Federal financial  sentence.                                                                          assistance 18.4(b), concluding text.............  under a continuing program 18.6(b), second sentence.............  of any program under                        in 18.6(d)..............................  program under                               program for 18.9(e), first sentence..............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 18.10(f).............................  under the program involved                  to which this regulation                                                                                     applies 18.10(f).............................  assistance will                             assistance to which this                                                                                     regulation applies will 18.10(f).............................  under such program 18.12(a), first sentence.............  under such program 18.13(h).............................  for any program,     18.13(h).............................  under any such program ----------------------------------------------------------------------------------------------------------------   0 5. The heading for subpart D is revised to read as follows:  Subpart D--Nondiscrimination on the Basis of Handicap  0 6. The authority citation for subpart D is revised to read as follows:      Authority: 29 U.S.C. 706, 794.   0 7. Section 18.403 is amended by adding paragraph (m) to read as  follows:   Sec.  18.403  Definitions.  * * * * *     (m) Program or activity means all of the operations of any entity  described in paragraphs (m)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity that is established by two or more of the  entities described in paragraph (m)(1), (2), or (3) of this section.   Sec.  18.404  [Amended]  0 8. In Sec.  18.404, the heading of paragraph (c) is amended by removing  the word ``Programs'' and adding, in its place, the words ``Aid,  benefits, or services''.  0 9. Section 18.405 is amended by revising paragraph (c) to read as  follows:   Sec.  18.405  Assurances required.  * * * * *     (c) Extent of application to institution or facility. An assurance  shall apply to the entire institution or facility. * * * * *   Sec.  18.421  [Amended]  0 10. The undesignated center heading before Sec.  18.421 is amended by  removing the word ``Program''.  0 11. In Sec.  18.422, the heading and first sentence of paragraph (a)  are revised to read as follows:   Sec.  18.422  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which this part applies so that when each part is viewed in  its entirety it is readily accessible to handicapped persons. * * * * * * * *  0 12. The heading of Sec.  18.438 is revised to read as follows:   Sec.  18.438  Adult education.  * * * * *  0 13. The heading of Sec.  18.439 is revised to read as follows:   Sec.  18.439  Private education.  * * * * *  0 14. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 18.402...............................  or benefits from 18.403(h)(1).........................  a program of 18.404(a)............................  or benefits from 18.404(b)(1)(v)......................  program                                     program or activity 18.404(b)(3).........................  programs or activities                      aid, benefits, or services 18.404(b)(4)(ii).....................  program                                     program or activity 18.404(b)(5)(i)......................  or benefits from 18.404(b)(6).........................  or benefiting from 18.404(c)............................  a program                                   aid, benefits, or services 18.405(a)............................  for a program or activity 18.405(a)............................  the program                                 the program or activity 18.406(a)(3)(i)......................  program                                     program or activity 18.406(a)(3)(ii).....................  program                                     program or activity 18.406(a)(3)(iii)....................  program                                     program or activity 18.408(a), second sentence...........  programs and activities                     programs or activities 18.411(a)(3), last sentence..........  apprenticeship programs                     apprenticeships 18.411(b)(8).........................  social                                      those that are social 18.411(b)(8).........................  programs 18.412(a)............................  program                                     program or activity 18.412(c), introductory text.........  program                                     program or activity 18.412(c)(1).........................  program                                     program or activity 18.422(b), last sentence.............  offer programs and activities to            serve 18.422(c), last sentence.............  programs                                    programs or activities 18.422(e)(3).........................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 18.431...............................   programs and activities                    programs or activities 18.431...............................  or benefit from 18.433(b)(2).........................  individualized education program            Individualized Education                                                                                     Program     18.433(b)(3), first sentence.........  in 18.433(b)(3), first sentence.........  to a program                                for aid, benefits, or                                                                                     services 18.433(b)(3), first sentence.........  the one                                     those 18.433(b)(3), first sentence.........  operates                                    operates or provides 18.433(c)(1), second sentence........  in 18.433(c)(1), second sentence........  to a program                                for aid, benefits, or                                                                                     services 18.433(c)(1), second sentence........  operated                                    operated or provided 18.433(c)(1), second sentence........  the program                                 the aid, benefits, or                                                                                     services 18.433(c)(2).........................  in 18.433(c)(2).........................  to a program                                for aid, benefits, or                                                                                     services 18.433(c)(2).........................  operated                                    operated or provided 18.433(c)(2).........................  the program                                 the aid, benefits, or                                                                                     services 18.433(c)(4), last sentence..........  such a program                              a free appropriate public                                                                                     education 18.435(a)............................  education program                           education program or activity 18.435(a)............................  in a regular or special program             in regular or program special                                                                                     education 18.435(b), introductory text.........  programs and activities                     programs or activities 18.435(b), introductory text.........  or benefit from 18.437(a)(1).........................  or benefit from 18.437(b)............................  or benefit from 18.437(c)(1), first sentence.........  programs and activities                     aid, benefits, or services 18.437(c)(1), first sentence.........  or benefits from 18.437(c)(1), last sentence..........  in these activities 18.438, first sentence...............  operates an                                 provides 18.438, first sentence...............  program or activity 18.438, first sentence...............  from the program or activity 18.438, last sentence................  under the program or activity 18.439(a)............................  operates a                                  provides 18.439(a)............................  education program                           education 18.439(a)............................  from that program 18.439(a)............................  the recipient's program                     that recipient's program or                                                                                     activity 18.439(c)............................  operates                                    provides 18.439(c)............................  programs shall operate those programs       shall do so 18.441...............................  programs and activities                     programs or activities 18.441...............................  or benefit from 18.443(a)............................  program or activity                         aid, benefits, or services 18.443(d)............................  programs and activities                     program or activity 18.444(a), last sentence.............  program of 18.444(c)............................  in its program 18.444(d)(1).........................  under the education program or activity                                         operated by the recipient 18.447(a)(1), first sentence.........  programs and activities                     aid, benefits, or services 18.451...............................  programs and activities                     programs or activities 18.451...............................  or benefit from 18.454, first sentence...............  program or activity                         program or activity that                                                                                     provides aid, benefits, or                                                                                     services ----------------------------------------------------------------------------------------------------------------  Subpart E--Nondiscrimination on the Basis of Age  0 15. The authority citation for subpart E continues to read as follows:      Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.  6101, et seq.; 45 CFR part 90 (1979).   0 16. Section 18.503 is amended by redesignating paragraphs (j) through  (l) as paragraphs (k) through (m), and adding a new paragraph (j) to  read as follows:   Sec.  18.503  Definitions.  * * * * *     (j) Program or activity means all of the operations of any entity  described in paragraphs (j)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity that is established by two or more of the  entities described in paragraph (j)(1), (2), or (3) of this section.  Appendix B to Subpart E to Part 18 [Amended]  0 17. The heading for appendix B to subpart E to part 18 is amended by  removing the word ``Programs''.     0 18. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 18.501, last sentence................  programs and activities                     programs or activities 18.531...............................  programs and activities                     programs or activities 18.532...............................  programs and activities                     programs or activities 18.544(a)(2), last sentence..........  program                                     ............................. 18.546(b), first sentence............  program and activity                        program or activity 18.546(c)(2), first sentence.........  Federal                                     ............................. 18.549(b)(2).........................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------       Dated: May 4, 2001. Anthony Principi, Secretary, Department of Veterans Affairs.  ENVIRONMENTAL PROTECTION AGENCY  40 CFR Chapter I  RIN 2020-AA43  Authority and Issuance  0 For the reasons set forth in the joint preamble, EPA amends 40 CFR  chapter I, part 7 as set forth below:  PART 7--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING  FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY  0 1. The heading for part 7 is revised to read as set forth above.  0 2. The authority citation for part 7 is revised to read as follows:      Authority: 42 U.S.C. 2000d to 2000d-7; 29 U.S.C. 794; 33 U.S.C.  1251 nt.   0 3. Section 7.25 is amended by adding the new definition of ``Program or  activity'' in alphabetical order to read as follows:   Sec.  7.25  Definitions.  * * * * *     Program or activity and program mean all of the operations of any  entity described in paragraphs (1) through (4) of this definition, any  part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (1), (2), or (3) of this definition. * * * * *   Sec.  7.55  [Amended]  0 4. The heading for Sec.  7.55 is amended by removing the word  ``programs'' and adding, in its place, the words, ``aid, benefits, or  services''.  0 5. In Sec.  7.65, the first sentence of paragraph (a) introductory text  and the heading for paragraph (b) are revised to read as follows:   Sec.  7.65  Accessibility.      (a) General. A recipient shall operate each program or activity  receiving EPA assistance so that when each part is viewed in its  entirety it is readily accessible to and usable by handicapped persons.  * * * * * * * *     (b) Methods of ensuring compliance in existing facilities. * * * * * * * *  Appendix A to Part 7 [Amended]  0 6. The heading for appendix A to part 7 is amended by removing the word  ``Programs'' and inserting the words ``Types of'' immediately before  the word ``EPA''.  0 7. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 7.20(a)..............................  compliance programs                         means of ensuring compliance 7.25, undesignated definition of       program                                     .............................  Project Officer. 7.35(a)(1)...........................  program                                     program or activity 7.35(a)(2)...........................  program                                     program or activity 7.35(a)(3)...........................  program                                     program or activity 7.35(a)(4)...........................  program                                     program or activity 7.35(a)(5)...........................  program                                     program or activity 7.35(a)(6)...........................  any program                                 any program or activity 7.35(a)(6)...........................  the EPA assistance program                  EPA assistance 7.35(b)..............................  program                                     program or activity 7.35(c)..............................  program                                     program or activity 7.50(a)(1)...........................  program                                     program or activity 7.50(a)(3)...........................  program                                     program or activity 7.50(a)(5)...........................  program                                     program or activity 7.50(b)..............................  or benefits from                            .............................     7.50(e)..............................  programs                                    aid, benefits, or services 7.55.................................  program                                     program or activity 7.55.................................  programs                                    programs or activities 7.60(a)..............................  or benefits from                            ............................. 7.60(c)(8)...........................  social                                      those that are social 7.60(c)(8)...........................  programs 7.60(d)..............................  apprenticeship programs                     apprenticeships 7.60(e)..............................  program                                     program or activity 7.65(b)..............................  offer program benefits to                   serve 7.65(c)(2) first sentence,...........  make a program or activity accessible       comply with paragraph (a) of                                                                                     this section 7.65(d)..............................  assisted program                            ............................. 7.65(e), last sentence...............  program                                     statute 7.75, introductory text..............  program                                     program or activity 7.75(a)(3)...........................  program accessibility                       accessibility under Sec.                                                                                     7.65(a) 7.85(b), first sentence..............  programs                                    programs or activities 7.95(a), first sentence..............  programs                                    programs or activities 7.130(b)(4)..........................  program                                     program or activity ----------------------------------------------------------------------------------------------------------------       Dated: April 30, 2001. Christine Todd Whitman, Administrator, Environmental Protection Agency.  GENERAL SERVICES ADMINISTRATION  41 CFR Chapter 101  RIN 3090-AH33  Authority and Issuance  0 For the reasons set forth in the joint preamble, GSA amends 41 CFR  chapter 101, parts 101-6 and 101-8 as set forth below:  PART 101-6--MISCELLANEOUS REGULATIONS  Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal  Financial Assistance  0 1. The authority citation for subpart 101-6.2 continues to read as  follows:      Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.  0 2. Section 101-6.204-3 is amended by revising the heading to read as  follows:   Sec.  101-6.204-3  Special benefits.  * * * * *  0 3. Section 101-6.205-2 is amended by revising the heading to read as  follows:   Sec.  101-6.205-2  Continuing Federal financial assistance.  * * * * *  0 4. Section 101-6.205-4 is amended by revising paragraph (b) to read as  follows:   Sec.  101-6.205-4  Applicability of assurances.  * * * * *     (b) The assurance required with respect to an institution of higher  education, hospital, or any other institution, insofar as the assurance  relates to the institution's practices with respect to admission or  other treatment of individuals as students, patients, or clients of the  institution or to the opportunity to participate in the provision of  services or other benefits to such individuals, shall be applicable to  the entire institution. * * * * *  0 5. Section 101-6.216 is amended by revising paragraph (f) to read as  follows:   Sec.  101-6.216  Definitions.  * * * * *     (f) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (f)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of nay other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (f)(1), (2), or (3) of this section. * * * * *  0 6. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 101-6.201............................  52                                          42 101-6.201............................  2000d-2000d-4                               2000d-2000d-7 101-6.203(a), last sentence..........  programs involving 101-6.203(b).........................  the programs involving 101-6.203(c).........................  programs                                    types of Federal financial                                                                                     assistance 101-6.204-2 (a)(4), first sentence...  the program                                 a program 101-6.204-3..........................  the benefits of a program                   benefits 101-6.205-1(a), first sentence.......  to carry out a program     101-6.205-1(a), first sentence.......  except a program                            except an application 101-6.205-1(a), fifth sentence.......  for each program 101-6.205-1(a), fifth sentence.......  in the program 101-6.205-1(b), second sentence......  under a program of                          with 101-6.205-1(b), third sentence.......  program                                     statute 101-6.205-1(d).......................  programs                                    Federal financial assistance 101-6.205-2..........................  to carry out a program involving            for 101-6.205-4(c).......................  under a program 101-6.206(b), second sentence........  except as provided in paragraph (b) of                                         Sec.   101-6.205-4 101-6.206(d).........................  subject to the provisions of Sec.   101-                                         6.205-4(b) 101-6.209-2, last sentence...........  of any program under                        in 101-6.209-4..........................  program under                               program for 101-6.212-5, first sentence..........  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 101-6.213-6..........................  under the program involved                  to which this regulation                                                                                     applies 101-6.213-6..........................  assistance will                             assistance to which this                                                                                     regulation applies will 101-6.213-6..........................  under such program 101-6.215-1, introductory text, first  under such program  sentence. 101-6.216(h).........................  for any program, 101-6.216(h).........................  under any such program 101-6.216(i).........................  for the purpose of carrying out a program ----------------------------------------------------------------------------------------------------------------  PART 101-8--NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL  FINANCIAL ASSISTANCE  0 7. The heading for part 101-8 is revised to read as set forth above.  Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap  0 8. Section 101-8.301 is amended by adding a new paragraph (f) to read  as follows:   Sec.  101-8.301  Definitions.  * * * * *     (f) The term program or activity means all of the operations of any  entity described in paragraphs (f)(1) through (4) of this section, any  part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (f)(1), (2), or (3) of this section.  0 9. Section 101-8.309 is amended by revising the section heading and the  heading and first sentence of paragraph (b) to read as follows:   Sec.  101-8.309  Accessibility.  * * * * *     (b) Accessibility. A recipient shall operate any program or  activity to which this subpart applies so that when each part is viewed  in its entirety it is readily accessible to and usable by handicapped  persons. * * * * * * * *  0 10. Section 101-8.311 is amended by revising the section heading and  the heading and the first sentence of the introductory text of  paragraph (b)(1) to read as follows:   Sec.  101-8.311  Historic Preservation Programs.  * * * * *     (b) * * * (1) Accessibility. A recipient shall operate any program  or activity involving Historic Preservation Programs so that when each  part is viewed in its entirety it is readily accessible to and usable  by handicapped persons. * * * * * * * *  0 11. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 101-8.300(b).........................  or benefits from 101-8.302............................  or benefits from 101-8.303(a)(5)......................  program                                     program or activity 101-8.303(c).........................  programs or activities                      aid, benefits, or services 101-8.303(d)(2)......................  program                                     program or activity 101-8.303(f).........................  or benefitting from 101-8.303(g).........................  the benefits of a program                   aid, benefits, or services 101-8.303(g).........................  from a program                              from aid, benefits, or                                                                                     services     101-8.303(h), first sentence.........  programs and activities                     programs or activities 101-8.305(c), last sentence..........  apprenticeship programs                     apprenticeships 101-8.305(d)(8)......................  social                                      those that are social 101-8.305(d)(8)......................  programs 101-8.306(a).........................  program                                     program or activity 101-8.306(c), introductory text......  program                                     program or activity 101-8.306(c)(1)......................  program                                     program or activity 101-8.309(a).........................  or benefits from 101-8.309(c), last sentence..........  offer programs and activities to            serve 101-8.309(f)(3)......................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 101-8.311(a), introductory text......  the term 101-8.311(a)(1)......................  preservation programs                       Preservation Programs 101-8.311(a)(1)......................  means programs receiving                    are those that receive 101-8.311(b)(1), introductory text,    program  last sentence. 101-8.311(b)(1)(iv)..................  program accessibility                       accessibility 101-8.311(b)(1), concluding paragraph  historic preservation program               Historic Preservation Program 101-8.311(b)(1), concluding paragraph  program accessibility                       accessibility 101-8.311(b)(2), introductory text...  program 101-8.311(b)(2)(iii).................  program                                     program or activity ----------------------------------------------------------------------------------------------------------------  Subpart 101-8.7--Discrimination Prohibited on the Basis of Age  0 12. The authority citation for subpart 101-8.7 continues to read as  follows:       Authority: 42 U.S.C. 6101 et seq.   0 13. Section 1101-8.703 is amended by redesignating paragraph (k) as  paragraph (l) and by adding a new paragraph (k) to read as follows:   Sec.  101-8.703  Definitions of terms.  * * * * *     (k) Program or activity means all of the operations of any entity  described in paragraphs (k)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a state or of a local government;     (ii) The entity of such state and local government that distributes  such assistance and each such department or agency (and each other  state or local government entity) to which the assistance is extended,  in the case of assistance to a state or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (k)(1), (2), or (3) of this section. * * * * *  0 14. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 101-8.701, last sentence.............  Federal financial assistance                Federally assisted 101-8.701, last sentence.............  programs and activities                     programs or activities 101-8.702(a).........................  that benefits from GSA Federal financial                                         assistance 101-8.703(g)(2)......................  program                                     policy 101-8.703(j).........................  for the purpose of carrying out a program 101-703(l)...........................  for any program 101-8.703(l).........................  under any such program 101-8.709............................  program                                     program or activity 101-8.710, first sentence............  program                                     program or activity 101-8.710, second sentence...........  programs 101-8.710, second sentence...........  provide                                     provides 101-8.710, last sentence.............  ``Child Care Center'' program               Child Care Center Program 101-8.710, last sentence.............  two programs                                two types of Federal                                                                                     financial assistance 101-8.711, first sentence............  programs and activities                     programs or activities 101-8.712(b).........................  program 101-8.718(a), third sentence.........  program 101-8.720(b), first sentence.........  program and activity                        program or activity 101-8.720(c)(2), first sentence......  Federal 101-8.721(e), first sentence.........  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 101-8.725(b).........................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------          Dated: February 26, 2003. Stephen A. Perry, Administrator, General Services Administration.  DEPARTMENT OF THE INTERIOR  43 CFR Subtitle A  RIN 1090-AA77  Authority and Issuance  0 For the reasons set forth in the joint preamble, DOI amends 43 CFR  subtitle A, part 17 as set forth below:  PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE  DEPARTMENT OF THE INTERIOR  Subpart A--Nondiscrimination on the Basis of Race, Color, or  National Origin  0 1. The authority citation for subpart A continues to read as follows:      Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; and the  laws referred to in Appendix A.   0 2. Section 17.3 is amended by revising the heading of paragraph (d) to  read as follows:   Sec.  17.3  Discrimination prohibited.  * * * * *     (d) Benefits for Indians, natives of certain territories, and  Alaska natives. * * *  0 3. Section 17.4 is amended by revising the heading of paragraph (b) and  paragraph (d)(2) to read as follows:   Sec.  17.4  Assurances required.  * * * * *     (b) Continuing Federal financial assistance. * * * * * * * *     (d) * * *     (2) The assurance required with respect to an institution of higher  education, or any other institution, insofar as the assurance relates  to the institution's practices with respect to admission or other  treatment of individuals as students, or clients of the institution or  to the opportunity to participate in the provision of services or other  benefits to such individuals, shall be applicable to the entire  institution.  0 4. Section 17.12 is amended by revising paragraph (f) to read as  follows:   Sec.  17.12  Definitions.  * * * * *     (f) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (f)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (f)(1), (2), or (3) of this section. * * * * *  Appendix B to Subpart A [Amended]  0 5. The introductory text for appendix B to subpart A is amended by  removing the word ``programs'' and adding, in its place, the words  ``Federal financial assistance.''  0 6. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 17.2(a), second sentence.............  under any such program 17.2(a)(2)...........................  under any such program 17.2(a)(3)...........................  under any such program 17.3(b)(1), introductory text........  under any program 17.3(c)(1), first sentence...........  a program of                                the 17.3(c)(1), first sentence...........  assistance                                  assistance to a program 17.3(d), first sentence..............  the benefits of a program                   benefits 17.3(d), first sentence..............  is limited                                  are limited 17.3(d), first sentence..............  the program is addressed                    the benefits are addressed 17.3(d), last sentence...............  programs                                    benefits 17.4(a)(1), first sentence...........  to carry out a program 17.4(a)(1), first sentence...........  except a program                            except an application 17.4(a)(1), second sentence..........  program of                                  award of 17.4(a)(1), sixth sentence...........  for each program, 17.4(a)(1), sixth sentence...........  in the program 17.4(a)(2), second sentence..........  under a program of                          with 17.4(a)(2), third sentence...........  program                                     statute 17.4(b)(1), introductory text........  to carry out a program involving            for 17.4(d)(1)...........................  a student assistance program                student assistance 17.5(b), last sentence...............  of any program under                        in 17.5(d)..............................  program under which                         program for which 17.8(e), first sentence..............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 17.9(g)..............................  under the program involved                  to which this regulation                                                                                     applies 17.9(g)..............................  assistance will                             assistance to which this                                                                                     regulation applies will     17.9(g)..............................  under such program 17.11(a), first sentence.............  under such program 17.12(h).............................  for any program, 17.12(h).............................  under such program 17.12(i).............................  for the purpose of carrying out a program ----------------------------------------------------------------------------------------------------------------  Subpart B--Nondiscrimination on the Basis of Handicap  0 7. The authority citation for subpart B continues to read as follows:      Authority: 29 U.S.C. 794.   0 8. Section 17.202 is amended by adding a new paragraph (q) to read as  follows:   Sec.  17.202  Definitions.  * * * * *     (q) Program or activity means all of the operations of any entity  described in paragraphs (q)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (q)(1), (2), or (3) of this section.  0 9. Section 17.203 is amended by revising the heading of paragraph (c)  to read as follows:   Sec.  17.203  Discrimination prohibited.  * * * * *     (c) Aid, benefits, or services limited by Federal law. * * * * * * * *  0 10. The heading for Sec.  17.216 is revised to read as follows:   Sec.  17.216  Accessibility.  * * * * *  0 11. Section 17.217 is amended by revising the heading and first  sentence of paragraph (a) to read as follows:   Sec.  17.217  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity so that when each part is viewed in its entirety it is readily  accessible to and usable by handicapped persons. * * * * * * * *  0 12. Section 17.260 is amended by revising the section heading, the  introductory text of paragraph (a), and the first sentence of paragraph  (b)(1) introductory text to read as follows:   Sec.  17.260  Historic Preservation Programs.      (a) Definitions. For the purposes of this section, Historic  Preservation Programs are those that receive Federal financial  assistance that has preservation of historic properties as a primary  purpose. * * * * *     (b) * * *     (1) A recipient shall operate any program or activity involving  Historic Preservation Programs so that when each part is viewed in its  entirety it is readily accessible to and usable by handicapped persons.  * * * * * * * *  0 13. The section heading and the introductory text of Sec.  17.270 are  revised to read as follows:   Sec.  17.270  Recreation.      This section applies to recipients that operate, or that receive  Federal financial assistance for the operation of programs or  activities involving recreation. * * * * *  0 14. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 17.201...............................  or benefits from                            ............................. 17.202(i)............................  recreation and program spaces               spaces, including those used                                                                                     for recreation, 17.202(m)............................  programs                                    the recipient 17.202(m)............................  should be available                         should make its aid,                                                                                     benefits, or services                                                                                     available 17.202(n)............................  programs                                    programs or activities 17.203(a)............................  or benefits from                            ............................. 17.203(b)(1)(v)......................  program                                     program or activity 17.203(b)(3).........................  programs or activities                      aid, benefits, or services 17.203(b)(4)(ii).....................  program                                     program or activity 17.203(b)(5)(i)......................  or benefits from                            ............................. 17.203(b)(6).........................  or benefiting from                          ............................. 17.203(c)............................  the benefits of a program                   aid, benefits, or services 17.203(c)............................  from a program                              from aid, benefits, or                                                                                     services 17.204(a), first sentence............  for a program or activity                   ............................. 17.204(a), first sentence............  the program                                 the program or activity 17.204(c)(4), first sentence.........  to carry out a program involving            for 17.204(c)(4)(i)......................  program                                     program or activity     17.204(c)(4)(ii).....................  the program                                 the program or activity 17.204(c)(4)(ii).....................  under such program                          ............................. 17.205(a)(3)(i)......................  program                                     program or activity 17.205(a)(3)(ii).....................  program                                     program or activity 17.207(a), second sentence...........  programs and activities                     programs or activities 17.210(a)(2).........................  programs                                    programs or activities 17.210(a)(4), last sentence..........  apprenticeship programs                     apprenticeships 17.210(b)(8).........................  social                                      those that are social 17.210(b)(8).........................  programs                                    ............................. 17.211(a)............................  program                                     program or activity 17.211(c), introductory text.........  program                                     program or activity 17.211(c)(1).........................  program                                     program or activity 17.217(b), last sentence.............  offer programs and activities to            serve 17.217(e)(3).........................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 17.220, first sentence...............  programs and activities                     programs or activities 17.220, first sentence...............  or benefit from                             ............................. 17.232, first sentence...............  programs and activities                     programs or activities 17.232, first sentence...............  or benefit from                             ............................. 17.250, introductory text............  programs and activities                     programs or activities 17.250, introductory text............  or benefit from                             ............................. 17.252, first sentence...............  activity for                                activity that provides aid,                                                                                     benefits, or services for 17.260(b)(1), introductory text, last  program                                     .............................  sentence. 17.260(b)(1)(iv).....................  program 17.260(b)(1), concluding text........  historic preservation program               Historic Preservation Program 17.260(b)(1), concluding text........  program accessibility                       accessibility 17.260(b)(2), introductory text,       program                                     .............................  first sentence. 17.260(b)(2), introductory text, last  program                                     .............................  sentence. 17.260(b)(2)(iii)....................  program                                     program or activity 17.270(a)(1).........................  programs                                    aid, benefits, or services 17.270(a)(2).........................  programs or activities                      aid, benefits, or services 17.270(a)(5).........................  program or activity                         aid, benefits, or services ----------------------------------------------------------------------------------------------------------------  Subpart C--Nondiscrimination on the Basis of Age  0 15. The authority citation for subpart C continues to read as follows:      Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.  6101 et seq.; 45 CFR part 90.   0 16. The heading of Sec.  17.302 is revised to read as follows:   Sec.  17.302  To what programs or activities do these regulations  apply?  * * * * *  0 17. Section 17.303 is amended by redesignating paragraphs (j) through  (m) as paragraphs (k) through (n) and adding a new paragraph (j) to  read as follows:   Sec.  17.303  Definitions.  * * * * *     (j) Program or activity means all of the operations of any entity  described in paragraphs (j)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (j)(1), (2), or (3) of this section. * * * * *  0 18. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 17.300, first sentence...............  programs and activities                     programs or activities 17.300, last sentence................  programs and activities                     programs or activities 17.301, last sentence................  programs and activities                     programs or activities 17.302(a)............................  or benefits from                            ............................. 17.313...............................  program                                     program or activity 17.314...............................  program                                     program or activity 17.320, first sentence...............  programs and activities                     programs or activities     17.321(b)............................  program                                     ............................. 17.333(a)(2), last sentence..........  program                                     ............................. 17.335(c)(2), first sentence.........  Federal                                     ............................. 17.338(b)(2).........................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------       Dated: October 11, 2002. P. Lynn Scarlett, Assistant Secretary--Policy, Management, and Budget, Department of the  Interior.  DEPARTMENT OF HOMELAND SECURITY  Federal Emergency Management Agency  44 CFR Chapter I  RIN 1660-AA12  Authority and Issuance  0 For the reasons set forth in the joint preamble, FEMA amends 44 CFR  chapter I, part 7 as set forth below:  PART 7--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG.  5)  0 1. The heading for subpart A is revised to read as follows:  Subpart A--Nondiscrimination in FEMA-Assisted Programs--General  0 2. The authority citation for subpart A continues to read as follows:      Authority: FEMA Reg. 5 issued under sec. 602, 78 Stat. 252; 42  U.S.C. 2000d-1; 42 U.S.C. 1855-1885g; 50 U.S.C. 404.  0 3. Section 7.2 is amended by revising paragraph (d) to read as follows:   Sec.  7.2  Definitions.  * * * * *     (d) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (d)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (d)(1), (2), or (3) of this section. * * * * *  0 4. Section 7.3 is revised to read as follows:   Sec.  7.3  Application of this regulation.      No person in the United States shall, on the ground of race, color,  or national origin, be excluded from participation in, be denied the  benefits of, or be otherwise subjected to discrimination under any  program to which this regulation applies.  0 5. Section 7.9 is amended by revising paragraph (b) to read as follows:   Sec.  7.9  Assurances from institutions.  * * * * *     (b) The assurances required with respect to an institution of  higher education, hospital, or any other institution, insofar as the  assurance relates to the institution's practices with respect to  admission or other treatment of individuals as students, patients, or  clients of the institutions or to the opportunity to participate in the  provision of services or other benefits to such individuals, shall be  applicable to the entire institution.     6. In the table below, for each section indicated in the left  column, remove the text shown in the middle column and add the text  shown in the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 7.2(f)...............................  for any program, 7.2(f)...............................  under any such program 7.2(g)...............................  for the purpose of carrying out a program 7.4, second sentence.................  under any such program 7.4(b)...............................  under any such program 7.4(c)...............................  under any such program 7.5(a), introductory text............  under any program 7.7, first sentence..................  to carry out a program 7.7, fifth sentence..................  for each program, 7.7, fifth sentence..................  in the program 7.10(b), last sentence...............  of any program under                        in 7.10(d)..............................  program under which                         program for which 7.13(e), first sentence..............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 7.14(f)..............................  under the program involved                  to which this regulation                                                                                     applies 7.14(f)..............................  assistance will                             assistance to which this                                                                                     regulation applies will 7.14(f)..............................  under such program  7.16(a), first sentence.............  under such program ----------------------------------------------------------------------------------------------------------------      0 7. The heading for subpart E is revised to read as follows:  Subpart E--Nondiscrimination on the Basis of Age in Programs or  Activities Receiving Federal Financial Assistance From FEMA  0 8. The authority citation for subpart E is revised to read as follows:      Authority: Age Discrimination Act of 1975, as amended (42 U.S.C.  6101 et seq.); 45 CFR part 90.   0 9. The heading for Sec.  7.912 is revised to read as follows:   Sec.  7.912  To what programs or activities does this regulation apply?  * * * * *  0 10. Section 7.913 is amended by adding, in alphabetical order, a  definition of ``Program or activity'' to read as follows:   Sec.  7.913  Definition of terms used in this regulation.  * * * * *     Program or activity means all of the operations of any entity  described in paragraphs (1) through (4) of this definition, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (1), (2), or (3) of this definition. * * * * *  0 11. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 7.910................................  programs and activities                     programs or activities 7.911, last sentence.................  programs, activities                        programs or activities 7.912(a).............................  or benefits from                            ............................. 7.925................................  program                                     program or activity 7.926................................  program                                     program or activity 7.930, first sentence................  programs and activities                     programs or activities 7.931(b).............................  program                                     ............................. 7.943(a)(2), last sentence...........  program                                     ............................. 7.945(b), first sentence.............  program and activity                        program or activity 7.945(c)(2), first sentence..........  Federal                                     ............................. 7.948(b)(2)..........................  program or activity                         Federal financial assistance ----------------------------------------------------------------------------------------------------------------       Dated: May 8, 2003. Michael D. Brown, Under Secretary, Emergency Preparedness and Response.  NATIONAL SCIENCE FOUNDATION  45 CFR Chapter VI  RIN 3145-AA38  Authority and Issuance  0 For the reasons set forth in the joint preamble, NSF amends 45 CFR  chapter VI, parts 605, 611, and 617 as set forth below:  PART 605--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 1. The heading for part 605 is revised to read as set forth above.  0 2. The authority citation for part 605 continues to read as follows:      Authority: 29 U.S.C. 794.  0 3. Section 605.3 is amended by adding a new paragraph (m) to read as  follows:   Sec.  605.3  Definitions.  * * * * *     (m) Program or activity means all of the operations of any entity  described in paragraphs (m)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (m)(1), (2), or (3) of this section.    Sec.  605.4  [Amended]  0 4. In Sec.  605.4, the heading of paragraph (c) is amended by removing  the word ``Programs'' and adding, in its place, the words ``Aid,  benefits, or services''.  Subpart C to Part 605--[Amended]  0 5. The heading for subpart C is amended by removing the word  ``Program''.  0 6. In Sec.  605.22, the heading and first sentence of paragraph (a) are  revised to read as follows:   Sec.  605.22  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which this part applies so that when each part is viewed in  its entirety it is readily accessible to qualified handicapped persons.  * * * * * * * *   Sec.  605.38  [Amended]  0 7. The heading for Sec.  605.38 is amended by removing the word  ``programs''.   Sec.  605.39  [Amended]  0 8. The heading for Sec.  605.39 is amended by removing the word  ``programs''.  0 9. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 605.0, first sentence................  programs and activities                     programs or activities 605.2................................  or benefits from 605.3(k)(5), second sentence.........  programs                                    aid, benefits, or services 605.3(k)(5), third sentence..........  program 605.4(a).............................  or benefits from 605.4(b)(1)(v).......................  recipients program                          recipient's program or                                                                                     activity 605.4(b)(3)..........................  programs or activities                      aid, benefits, or services 605.4(b)(4)(ii)......................  program                                     program or activity 605.4(b)(5)(i).......................  or benefits from 605.4(b)(6)..........................  or benefiting from 605.4(c).............................  the benefits of a program                   aid, benefits, or services 605.4(c).............................  from a program                              from aid, benefits or                                                                                     services 605.5(a).............................  under a program or activity 605.5(a).............................  programs                                    programs or activities 605.6(a)(3)(i).......................  program                                     program or activity 605.6(a)(3)(ii)......................  program                                     program or activity 605.8(a), second sentence............  programs and activities                     programs or activities 605.11(a)(2).........................  programs                                    programs or activities 605.11(a)(4), last sentence..........  apprenticeship programs                     apprenticeships 605.11(b)(8).........................  social                                      those that are social 605.11(b)(8).........................  programs 605.12(a)............................  program                                     program or activity 605.12(c), introductory text.........  program                                     program or activity 605.12(c)(1).........................  program                                     program or activity 605.22(b), last sentence.............  offer programs and activities to            serve 605.22(e)(3).........................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 605.31...............................  programs and activities                     programs or activities 605.31...............................  or benefit from 605.33(b)(2).........................  individualized education program            Individualized Education                                                                                     Program 605.33(b)(3), first sentence.........  in 605.33(b)(3), first sentence.........  to a program                                for aid, benefits, or                                                                                     services 605.33(b)(3), first sentence.........  the one                                     those 605.33(b)(3), first sentence.........  operates                                    operates or provides 605.33(c)(1), second sentence........  in 605.33(c)(1), second sentence........  to a program                                for aid, benefits, or                                                                                     services 605.33(c)(1), second sentence........  operated                                    operated or provided 605.33(c)(1), second sentence........  program                                     aid, benefits, or services 605.33(c)(2).........................  person in                                   person 605.33(c)(2).........................  to a program                                for aid, benefits, or                                                                                     services 605.33(c)(2).........................  operated                                    operated or provided 605.33(c)(2).........................  the program                                 the aid, benefits, or                                                                                     services 605.33(c)(3).........................  placement in 605.33(c)(3).........................  program                                     placement 605.33(c)(4), last sentence..........  such a program                              a free appropriate public                                                                                     education 605.35(a)............................  program                                     program or activity 605.35(a)............................  a regular or special education program      regular or special education 605.37(c)(1), first sentence.........  programs and activities                     aid, benefits, or services 605.37(c)(1), last sentence..........  in these activities 605.38...............................  operates a                                  provides 605.38...............................  day care program or activity                day care 605.38...............................  an adult education program or activity      adult education 605.38...............................  from the program or activity 605.38...............................  under the program or activity 605.39(a)............................  operates a                                  provides 605.39(a)............................  education program                           education 605.39(a)............................  from such program 605.39(a)............................  the recipient's program                     that recipient's program or                                                                                     activity 605.39(c), first sentence............  operates                                    provides 605.39(c), first sentence............  programs shall operate such programs        shall do so     605.41...............................  programs and activities                     programs or activities 605.41...............................  or benefit from 605.43(a)............................  program or activity                         aid, benefits, or services 605.43(d)............................  programs and activities                     program or activity 605.44(a), second sentence...........  program of 605.44(c)............................  in its program 605.47(a)(1), first sentence.........  programs and activities                     aid, benefits, or services 605.51...............................  programs and activities                     programs or activities 605.51...............................  or benefit from 605.54, first sentence...............  activity for                                activity that provides aid,                                                                                     benefits, or services for ----------------------------------------------------------------------------------------------------------------  PART 611--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE  NATIONAL SCIENCE FOUNDATION--EFFECTUATION OF TITLE VI OF THE CIVIL  RIGHTS ACT OF 1964  0 10. The authority citation for part 611 continues to read as follows:      Authority: Sec. 11(a), National Science Foundation Act of 1950,  as amended, 42 U.S.C. 1870(a); 42 U.S.C. 2000d-1.   0 11. Section 611.4 is amended by revising paragraph (c)(2) to read as  follows:  Sec.  611.4  Assurances required.  * * * * *     (c) * * *     (2) The assurance required with respect to an institution of higher  education, hospital, or any other institution, insofar as the assurance  relates to the institution's practices with respect to admission or  other treatment of individuals as students, patients, or clients of the  institution or to the opportunity to participate in the provision of  services or other benefits to such individuals, shall be applicable to  the entire institution.  0 12. Section 611.5 is amended by revising the example 2. to read as  follows:   Sec.  611.5  Illustrative applications.  * * * * *      2. In a research, training, or other grant to a university for  activities to be conducted in a graduate school, discrimination in  the admission and treatment of students in the graduate school is  prohibited, and the prohibition extends to the entire university. * * * * *  0 13. Section 611.13 is amended by revising paragraph (f) to read as  follows:   Sec.  611.13  Definitions.  * * * * *     (f) The terms program or activity and program mean all of the  operations of any entity described in paragraphs (f)(1) through (4) of  this section, any part of which is extended Federal financial  assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (f)(1), (2), or (3) of this section. * * * * *  0 14. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 611.2, first sentence................  Federally-assisted programs and activities  types of Federal financial                                                                                     assistance 611.2, second sentence...............  under any such program 611.2(b).............................  under any such program 611.2(c).............................  under any such program 611.2, penultimate sentence..........  program or activity                         type of Federal financial                                                                                     assistance 611.2, penultimate sentence..........  such program                                a program 611.2, last sentence.................  programs                                    types of Federal financial                                                                                     assistance 611.3(b)(1), introductory text.......  under any program 611.3(c)(2)..........................  Programs                                    Types of Federal financial                                                                                     assistance 611.4(a)(1), first sentence..........  to carry out a program 611.4(a)(1), fourth sentence.........  for each program 611.4(a)(1), fourth sentence.........  in the program 611.4(a)(2), second sentence.........  under a program of                           with 611.4(a)(2), third sentence..........  program                                     statute 611.5, introductory text, first        programs of                                 programs aided by  sentence. 611.5, example 1., first sentence....  In programs for                             For 611.5, example 4., first sentence....  grant programs                              grants 611.6(b), last sentence..............  of any program under                        in 611.6(d).............................  program under                               program for     611.9(e), first sentence.............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 611.10(f)............................  under the program involved                  to which this regulation                                                                                     applies 611.10(f)............................  assistance will                             assistance to which this                                                                                     regulation applies will 611.10(f)............................  under such program 611.12(a), first sentence............  under such program 611.13(h)............................  for any program, 611.13(h)............................  under any such program 611.13(i)............................  for the purpose of carrying out a program ----------------------------------------------------------------------------------------------------------------  PART 617--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF  0 15. The authority citation for part 617 continues to read as follows:      Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C.  6101, et seq.; 45 CFR part 90.   Sec.  617.2  [Amended]  0 16. In Sec.  617.2, the list is amended by adding, in alphabetical  order, the term ``Program or activity.''  0 17. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 617.1, last sentence.................  programs and activities                    programs or activities 617.8, first sentence................  program or activities                      program or activity 617.11(a)(2), last sentence..........  program 617.12(a), first sentence............  under                                      for 617.12(c), first sentence............  program                                    program or activity 617.12(e), first sentence............  Federal 617.12(f)(2)(ii).....................  program or activity                        Federal financial assistance ----------------------------------------------------------------------------------------------------------------       Dated: April 26, 2001. Lawrence Rudolph, General Counsel, National Science Foundation.  NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES  45 CFR Chapter XI  RIN 3135-AA17, RIN 3136-AA24, RIN 3137-AA11  Authority and Issuance  0 For the reasons set forth in the joint preamble, NFAH, composed of the  National Endowment for the Arts, the National Endowment for the  Humanities, and the Institute of Museum and Library Services, amends 45  CFR chapter XI, part 1110, as set forth below:  PART 1110--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS  0 1. The authority citation for part 1110 is revised to read as follows:      Authority: 42 U.S.C. 2000d-2000d-7.   0 2. Section 1110.4 is amended by revising the heading of paragraph (b)  and paragraph (d)(2) to read as follows:   Sec.  1110.4  Assurances required.  * * * * *     (b) Continuing Federal financial assistance * * * * * * * *     (d) * * *     (2) The assurance required with respect to an institution of higher  education or any other institution, insofar as the assurance relates to  the institution's practices with respect to admission or other  treatment of individuals as students, or clients of the institution or  to the opportunity to participate in the provision of services or other  benefits to such individuals, shall be applicable to the entire  institution.  0 3. Section 1110.5 is amended by revising paragraph (a) to read as  follows:   Sec.  1110.5  Illustrative applications.  * * * * *     (a) In a research, training, or other grant to a university for  activities to be conducted in a graduate school, discrimination in the  admission and treatment of students in the graduate school is  prohibited, and the prohibition extends to the entire university. * * * * *  0 4. Section 1110.13 is amended by revising paragraph (g) to read as  follows:   Sec.  1110.13  Definitions.  * * * * *     (g) Program or activity and program mean all of the operations of  any entity described in paragraphs (g)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or        (4) Any other entity which is established by two or more of the  entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *  0 5. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1110.2, first sentence...............  federally assisted programs and activities  types of Federal financial                                                                                     assistance 1110.2, second sentence..............  under any such program 1110.2, fifth sentence...............  program or activity                         type of Federal financial                                                                                     assistance 1110.2, fifth sentence...............  that such program                           that a program 1110.2, last sentence................  programs                                    types of Federal financial                                                                                     assistance 1110.4(a)(1), first sentence.........  to carry out a program 1110.4(a)(1), third sentence.........  for each program 1110.4(a)(1), third sentence.........  in the program 1110.4(a)(2), first sentence.........  through a program of                        with 1110.4(a)(2), second sentence........  under a program of                          with 1110.4(a)(2), third sentence.........  program                                     statute 1110.4(b)............................  to carry out a program involving            for 1110.6(b), last sentence.............  of any program under                        in 1110.6(d)............................  program under which                         program for which 1110.9(e), first sentence............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 1110.10(f)...........................  under the program involved                  to which this regulation                                                                                     applies 1110.10(f)...........................  assistance will                             assistance to which this                                                                                     regulation applies will 1110.10(f)...........................  under such program 1110.13(i)...........................  for any program, 1110.13(i)...........................  under any such program 1110.13(j)...........................  for the purposes of carrying out a program ----------------------------------------------------------------------------------------------------------------       Dated: January 16, 2003. Karen Elias, Deputy General Counsel, National Endowment for the Arts, National  Foundation on the Arts and the Humanities.     Dated: January 17, 2003. Daniel Schneider, General Counsel, National Endowment for the Humanities, National  Foundation on the Arts and the Humanities.     Dated: January 16, 2003. Nancy E. Weiss, General Counsel, Institute of Museum and Library Services, National  Foundation on the Arts and the Humanities.  NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES  National Endowment for the Arts  45 CFR Chapter XI  RIN 3135-AA17  Authority and Issuance  0 For the reasons set forth in the joint preamble, NEA amends 45 CFR  chapter XI, parts 1151 and 1156, as set forth below:  PART 1151--NONDISCRIMINATION ON THE BASIS OF HANDICAP  0 1. The authority citation for part 1151 continues to read as follows:      Authority: 29 U.S.C. 794.   0 2. Section 1151.3 is amended by adding a new paragraph (h) to read as  follows:   Sec.  1151.3  Definitions.  * * * * *     (h) Program or activity means all of the operations of any entity  described in paragraphs (h)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (h)(1), (2), or (3) of this section.   Sec.  1151.21  [Amended]  0 3. The undesignated center heading immediately preceding Sec.  1151.21  is amended by removing the word ``Program''.  0 4. Section 1151.22 is amended by revising the first sentence of  paragraph (a) to read as follows:   Sec.  1151.22  Existing facilities.      (a) A recipient shall operate each program or activity to which  this part applies so that when each part is viewed in its entirety it  is readily accessible to and usable by handicapped persons. * * * * * * * *  0 5. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:      ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1151.2...............................  or benefits from 1151.4(a), second sentence...........  programs and activities                     programs or activities 1151.16(a)...........................  or benefits from 1151.16(b)...........................  the benefits of a program                   aid, benefits, or services 1151.16(c)...........................  program                                     program or activity 1151.16(c)...........................  or benefiting from 1151.16(e)...........................  programs and activities                     programs or activities 1151.17(a), introductory text........  benefit, service, or program                benefit, or service 1151.17(a)(1)........................  program, 1151.17(a)(5)........................  program                                     program or activity 1151.17(b)...........................  programs or activities                      aid, benefits, or services 1151.17(c)(2)........................  program                                     program or activity 1151.17(d)(1)........................  or benefits from 1151.17(e)...........................  or benefiting from 1151.18(a)(3)........................  for a specific program offered              and offering, for example, a                                                                                     specific event 1151.18(a)(3)........................  that program                                that specific event 1151.18(b)...........................  programs                                    aid, benefits, or services 1151.18(d)...........................  benefits of the programs and activities     aid, benefits, or services 1151.18(d)...........................  programs and activities                     aid, benefits, or services 1151.18(e)...........................  programs and activities                     programs or activities 1151.22(b), last sentence............  offer programs and activities to            serve 1151.22(c)...........................  to make programs or, activities in                                         existing facilities accessible 1151.22(d)(3)........................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 1151.31(a)...........................  or benefits from 1151.31(c), last sentence............  apprenticeship programs                     apprenticeships 1151.31(d)(8)........................  social                                      those that are social 1151.31(d)(8)........................  programs 1151.32(a)...........................  program                                     program or activity 1151.32(c), introductory text........  program                                     program or activity 1151.32(c)(1)........................  program                                     program or activity 1151.41(a), first sentence...........  for a program or activity 1151.41(a), first sentence...........  the program                                 the program or activity ----------------------------------------------------------------------------------------------------------------  PART 1156--NONDISCRIMINATION ON THE BASIS OF AGE  0 6. The authority citation for part 1156 continues to read as follows:      Authority: 42 U.S.C. 6101 et seq.; 45 CFR part 90.   Sec.  1156.2  [Amended]  0 7. Section 1156.2 is amended by removing the words ``and to each  program or activity that receives or benefits from such assistance'' in  paragraph (a).  0 8. Section 1156.3 is amended by redesignating paragraphs (h) through  (n) as paragraphs (i) through (o), respectively; and by adding a new  paragraph (h) to read as follows:   Sec.  1156.3  Definitions.  * * * * *     (h) Program or activity means all of the operations of any entity  described in paragraphs (h)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (h)(1), (2), or (3) of this section. * * * * *  0 9. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1156.1, last sentence................  programs and activities                     programs or activities 1156.7(c)............................  program                                     program or activity 1156.10, first sentence..............  programs and activities                     programs or activities 1156.17(a)(2), last sentence.........  program 1156.19(c)(2), first sentence........  Federal 1156.20(b)(2)........................  program or the activity                     Federal financial assistance ----------------------------------------------------------------------------------------------------------------          Dated: April 17, 2001. Karen Elias, Deputy General Counsel, National Endowment for the Arts.  NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES  National Endowment for the Humanities  45 CFR Chapter XI  RIN 3136-AA24  Authority and Issuance  0 For the reasons set forth in the joint preamble, NEH amends 45 CFR  chapter XI, part 1170 as set forth below:  PART 1170--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY  ASSISTED PROGRAMS OR ACTIVITIES  0 1. The heading for part 1170 is revised to read as set forth above.  0 2. The authority citation for part 1170 continues to read as follows:      Authority: 29 U.S.C. 794.   0 3. Section 1170.3 is amended by revising paragraph (g) to read as  follows:   Sec.  1170.3  Definitions.  * * * * *     (g) The term program or activity means all of the operations of any  entity described in paragraphs (g)(1) through (4) of this section, any  part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *  Subpart D to Part 1170--[Amended]  0 4. The heading for subpart D is amended by removing the word  ``Program''.  0 5. Section 1170.32 is amended by revising the heading and first  sentence of paragraph (a) to read as follows:   Sec.  1170.32  Existing facilities.      (a) Accessibility. A recipient shall operate each program or  activity to which this part applies so that when each part is viewed in  its entirety it is readily accessible to handicapped persons. * * * * * * * *  0 6. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1170.2...............................  or benefits from 1170.3(a)............................  and 1170.3(a)............................  95-602                                      95-602, and by the Civil                                                                                     Rights Restoration Act of                                                                                     1987, Pub. L. 100-259 1170.3(d)............................  program                                     program or activity 1170.11..............................  or benefits from 1170.12(a)(5)........................  program                                     program or activity 1170.12(b)...........................  programs or activities                      aid, benefits, or services 1170.12(c)(2)........................  program                                     program or activity 1170.12(d)(1)........................  or benefits from 1170.12(e)...........................  the benefits of a program                   aid, benefits, or services 1170.12(e)...........................  from a program                              from aid, benefits, or                                                                                     services 1170.12(f)...........................  programs and activities                     programs or activities 1170.13(a)(3)........................  programs                                    aid, benefits, or services 1170.13(a)(3)........................  program                                     aid, benefit, or service 1170.13(a)(4), first sentence........  of a program's 1170.13(c)...........................  the programs and activities                 the program or activity 1170.13(c)...........................  museum programs and activities              museum aid, benefits, or                                                                                     services 1170.13(d)...........................  programs and activities                     programs or activities 1170.21(a)...........................  or benefits from 1170.21(c), last sentence............  apprenticeship programs                     apprenticeships 1170.21(d)(8)........................  social                                      those that are social 1170.21(d)(8)........................  programs 1170.22(a)...........................  program                                     program or activity 1170.22(c), introductory text........  program                                     program or activity 1170.22(c)(1)........................  program                                     program or activity 1170.32(b), last sentence............  offer program and activities to             serve 1170.32(d)(3)........................  program accessibility                       accessibility under paragraph                                                                                     (a) of this section 1170.41..............................  programs and activities                     programs or activities 1170.41..............................  or benefit from 1170.43(a)...........................  program or activity                         aid, benefit, or service 1170.43(d)...........................  programs and activities                     program or activity 1170.44(a), second sentence..........  program of 1170.44(c),..........................  in its program     1170.44(d)(1)........................  under the education program or activity                                         operated by the recipient 1170.47(a)(1), first sentence........  programs and activities                     aid, benefits, or services 1170.51(a), first sentence...........  for a program or activity 1170.51(a), first sentence...........  the program                                 the program or activity 1170.52(a)(3)(i).....................  program                                     program or activity 1170.52(a)(3)(ii)....................  program                                     program or activity 1170.54(a), second sentence..........  programs and activities                     programs or activities ----------------------------------------------------------------------------------------------------------------       Dated: January 17, 2003. Daniel Schneider, General Counsel, National Endowment for the Humanities.  CORPORATION FOR NATIONAL AND COMMUNITY SERVICE  45 CFR Chapter XII  RIN 3045-AA29  Authority and Issuance  0 For the reasons set forth in the joint preamble, the Corporation amends  45 CFR chapter XII, parts 1203 and 1232 as set forth below:  PART 1203--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964  0 1. The authority citation for part 1203 continues to read as follows:      Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.  0 2. Section 1203.3 is amended by revising paragraph (e) to read as  follows:   Sec.  1203.3  Definitions.  * * * * *     (e) Program or activity and program mean all of the operations of  any entity described in paragraphs (e)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (e)(1), (2), or (3) of this section. * * * * *  0 3. Section 1203.5 is amended by revising paragraph (b), paragraph  (c)(2), and the heading of paragraph (d) to read as follows:   Sec.  1203.5  Assurances required.  * * * * *     (b) Assurances from Government agencies. In the case of an  application from a department, agency, or office of a State or local  government for Federal financial assistance for a specified purpose,  the assurance required by this section shall extend to any other  department, agency, or office of the same governmental unit if the  policies of the other department, agency, or office will substantially  affect the project for which Federal financial assistance is requested.     (c) * * *     (2) The assurance required by an academic institution, detention or  correctional facility, or any other institution or facility, relating  to the institution's practices with respect to admission or other  treatment of individuals as students, patients, wards, inmates, persons  subject to control, or clients of the institution or facility or to the  opportunity to participate in the provision of services, disposition,  treatment, or benefits to these individuals, is applicable to the  entire institution or facility.     (d) Continuing Federal financial assistance. * * * * * * * *  Appendix A to Part 1203 [Amended]  0 4. The heading for appendix A to part 1203 is amended by removing the  word ``Programs'' and adding, in its place, the words ``Federal  Financial Assistance''.  Appendix B to Part 1203 [Amended]  0 5. The heading for appendix B to part 1203 is amended by removing the  word ``Programs'' and adding, in its place, the words ``Federal  Financial Assistance''.  0 6. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1203.2(a), introductory text, first    federally assisted programs                 types of Federal financial  sentence.                                                                          assistance 1203.2(a), introductory text, second   under a program                             .............................  sentence. 1203.2(a)(2).........................  under a program                             ............................. 1203.2(a)(3).........................  under a program                             ............................. 1203.2(a), concluding text, first      a program                                   a type of Federal financial  sentence.                                                                          assistance 1203.2(a), concluding text, first      the program                                 a program  sentence. 1203.2(a)(4) concluding text last      programs                                    types of Federal financial  sentence.                                                                          assistance 1203.2(b)............................  as part of the program receiving that       .............................                                         assistance 1203.3(d)............................  for the purpose of carrying out a program   ............................. 1203.3(f)............................  for any program,                            .............................     1203.3(f)............................  under a program                             ............................. 1203.4(b)(1), introductory text......  under a program                             ............................. 1203.4(c)(1), first sentence.........  a program of                                the 1203.5(a)(1), first sentence.........  to carry out a program                      ............................. 1203.5(a)(1), first sentence.........  except a program                            except an application 1203.5(a)(1), second sentence........  program                                     award 1203.5(a)(1), sixth sentence.........  for each program,                           ............................. 1203.5(a)(1), sixth sentence.........  in the program                              ............................. 1203.5(a)(2), second sentence........  under a program of                          with 1203.5(a)(2), third sentence.........  program                                     statute 1203.5(d), introductory text.........  to carry out a program involving            for 1203.5(d), introductory text.........  programs                                    types of Federal financial                                                                                     assistance 1203.6(b), second sentence...........  of a program under                          in 1203.6(d)............................  program under which                         program for which 1203.9(e), first sentence............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 1203.10(f)...........................  under the program involved                  to which this regulation                                                                                     applies 1203.10(f)...........................  assistance will                             assistance to which this                                                                                     regulation applies will 1203.10(f)...........................  under the programs                          ............................. 1203.12(a), first sentence...........  under a program                             ............................. ----------------------------------------------------------------------------------------------------------------  PART 1232--NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR  ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 7. The heading for part 1232 is revised to read as set forth above.  0 8. The authority citation for part 1232 continues to read as follows:      Authority: 29 U.S.C. 794.  0 9. Section 1232.3 is amended by adding a new paragraph (m) to read as  follows:   Sec.  1232.3  Definitions.  * * * * *     (m) Program or activity means all of the operations of any entity  described in paragraphs (m)(1) through (4) of this section, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (m)(1), (2), or (3) of this section.  Subpart C of Part 1232--[Amended]  0 10. The heading for subpart C of part 1232 is amended by removing the  word ``Program''.   Sec.  1232.13  [Amended]  0 11. The heading for Sec.  1232.13 is amended by removing the word  ``program''.  0 12. Section 1232.14 is amended by revising the first sentence of  paragraph (a) and paragraph (b) to read as follows:   Sec.  1232.14  Existing facilities.      (a) A recipient shall operate each program or activity to which  this part applies so that when each part is viewed in its entirety it  is readily accessible and usable by handicapped persons. * * *     (b) A recipient is not required to make structural changes in  existing facilities where other methods are effective in achieving  compliance with this section. Where structural changes are necessary to  comply with paragraph (a) of this section, such changes shall be made  as soon as practicable, but in no event later than three years after  the effective date of the regulation. * * * * *  0 13. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 1232.2, first sentence...............  or benefits from 1232.2, first sentence...............  including volunteer programs such as        including, but not limited to 1232.3(k)............................  under any programs                          as 1232.4(b)(1)(v)......................  program                                     program or activity 1232.4(b)(2).........................  programs or activities                      aid, benefits, or services 1232.4(b)(3)(ii).....................  program                                     program or activity 1232.4(b)(4)(i)......................  or benefits from                            ............................. 1232.4(c)............................  the benefits of a program                   aid, benefits, or services     1232.4(c)............................  from a program                              from aid, benefits, or                                                                                     services 1232.4(d)............................  programs and activities .                   programs or activities 1232.4(f)............................  program                                     program or activity 1232.4(f)............................  or benefiting from                          ............................. 1232.5(a), first sentence............  for a program or activity                   ............................. 1232.5(a), first sentence............  program                                     program or activity 1232.5(c)............................  volunteer program                           program or activity 1232.7(a)(3)(i)......................  program                                     program or activity 1232.7(a)(3)(ii).....................  program                                     program or activity 1232.7(a)(3)(iii)....................  program                                     program or activity 1232.9(a)............................  or benefits from                            ............................. 1232.9(c)(8).........................  social                                      those that are social 1232.9(c)(8).........................  programs                                    ............................. 1232.9(d), last sentence.............  apprenticeship programs                     apprenticeships 1232.9(f)............................  volunteer program                           program or activity 1232.10(a)...........................  program                                     program or activity 1232.10(c), introductory text........  program                                     program or activity 1232.10(c)(1)........................  program                                     program or activity ----------------------------------------------------------------------------------------------------------------       Dated: September 17, 2002. Frank Trinity, General Counsel, Corporation for National and Community Service.  DEPARTMENT OF TRANSPORTATION  49 CFR Subtitle A  RIN 2105-AC96  Authority and Issuance  0 For the reasons set forth in the joint preamble, DOT amends 49 CFR  subtitle A, parts 21 and 27 as set forth below:  PART 21--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE  DEPARTMENT OF TRANSPORTATION--EFFECTUATION OF TITLE VI OF THE CIVIL  RIGHTS ACT OF 1964  0 1. The authority citation for part 21 is revised to read as follows:      Authority: 42 U.S.C. 2000d-2000d-7.   0 2. Section 21.7 is amended by removing the fifth sentence of paragraph  (a)(1) and by revising the heading of paragraph (b) to read as follows:   Sec.  21.7  Assurances required.  * * * * *     (b) Continuing Federal financial assistance. * * *  0 3. Section 21.23 is amended by revising paragraph (e) to read as  follows:   Sec.  21.23  Definitions.  * * * * *     (e) Program or activity and program mean all of the operations of  any entity described in paragraphs (e)(1) through (4) of this section,  any part of which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (e)(1), (2), or (3) of this section. * * * * *  0 4. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 21.3(a), introductory text, first      federally assisted programs and activities  types of Federal financial  sentence.                                                                          assistance 21.3(a), introductory text, second     under any such program  sentence. 21.3(a)(2)...........................  under any such program 21.3(a)(3)...........................  under any such program 21.3(a), concluding text, first        program or activity                         type of Federal financial  sentence.                                                                          assistance 21.3(a), concluding text, first        such                                        a  sentence. 21.3(a), concluding text, last         programs                                    types of Federal financial  sentence.                                                                          assistance 21.5(b)(1), introductory text........  under any program 21.5(b)(6)...........................  programs of                                 types of Federal financial                                                                                     assistance administered by 21.5(c)(1), first sentence...........  a program of                                the 21.5(c)(1), first sentence...........  assistance                                  assistance to a program 21.7(a)(1), first sentence...........  to carry out a program 21.7(a)(1), first sentence...........  except a program                            except an application 21.7(a)(1), second sentence..........  program                                     award 21.7(a)(1), sixth sentence...........  for each program     21.7(a)(1), sixth sentence...........  in the program 21.7(a)(2), second sentence..........  under a program of                          with 21.7(a)(2), third sentence...........  program                                     statute 21.7(b)..............................  to carry out a program involving            for 21.7(b)..............................  programs                                    types of Federal financial                                                                                     assistance 21.9(b), second sentence.............  of any program under                        in 21.9(d)..............................  under                                       for 21.15(e), first sentence.............  programs                                    Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 21.17(f).............................  under the program involved                  to which this regulation                                                                                     applies 21.17(f).............................  assistance will                             assistance to which this                                                                                     regulation applies will 21.17(f).............................  under such programs 21.21(a), first sentence.............  under such program 21.23(d).............................  for the purpose of carrying out a program 21.23(f).............................  for any program, 21.23(f).............................  under any such program ----------------------------------------------------------------------------------------------------------------  PART 27--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS  OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE  0 5. The heading for part 27 is revised to read as set forth above.  0 6. The authority citation for part 27 continues to read as follows:      Authority: Sec. 504 of the Rehabilitation Act of 1973, as  amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit  Act of 1964, as amended (49 U.S.C. 5310 (a) and (f)); sec. 165(b) of  the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.).  Subpart A--General  0 7. Section 27.5 is amended by revising the definition of Primary  recipient and adding, in alphabetical order, a definition of Program or  activity to read as follows:   Sec.  27.5  Definitions.  * * * * *     Primary recipient means any recipient that is authorized or  required to extend Federal financial assistance from the Department to  another recipient.     Program or activity means all of the operations of any entity  described in paragraphs (1) through (4) of this definition, any part of  which is extended Federal financial assistance:     (1)(i) A department, agency, special purpose district, or other  instrumentality of a State or of a local government; or     (ii) The entity of such State or local government that distributes  such assistance and each such department or agency (and each other  State or local government entity) to which the assistance is extended,  in the case of assistance to a State or local government;     (2)(i) A college, university, or other postsecondary institution,  or a public system of higher education; or     (ii) A local educational agency (as defined in 20 U.S.C. 7801),  system of vocational education, or other school system;     (3)(i) An entire corporation, partnership, or other private  organization, or an entire sole proprietorship--     (A) If assistance is extended to such corporation, partnership,  private organization, or sole proprietorship as a whole; or     (B) Which is principally engaged in the business of providing  education, health care, housing, social services, or parks and  recreation; or     (ii) The entire plant or other comparable, geographically separate  facility to which Federal financial assistance is extended, in the case  of any other corporation, partnership, private organization, or sole  proprietorship; or     (4) Any other entity which is established by two or more of the  entities described in paragraph (1), (2), or (3) of this definition. * * * * *  0 8. Section 27.7 is amended by revising the heading for paragraph (d) to  read as follows:   Sec.  27.7  Discrimination prohibited.  * * * * *     (d) Aid, benefits, or services limited by Federal law. * * *  0 9. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 27.3(a)..............................  or benefits from 27.5, definition of Qualified          activities                                  services  handicapped person, paragraph (2). 27.5, definition of Recipient........  for any Federal program, 27.5, definition of Recipient........  under any such program 27.7(a)..............................  or benefits from 27.7(b)(1)(v)........................  program                                     program or activity 27.7(b)(3)...........................  programs or activities                      aid, benefits, or services 27.7(b)(4)(ii).......................  program                                     program or activity 27.7(b)(5)(i)........................  or benefits from 27.7(b)(6)...........................  or benefitting from 27.7(d)..............................  In programs                                 For aid, benefits, or                                                                                     services 27.9(a), first sentence..............  to carry out a program 27.9(a), first sentence..............  program will                                program or activity will 27.9(b)(4)...........................  program                                     program or activity 27.11(a)(3)(i).......................  program                                     program or activity 27.11(a)(3)(ii)......................  program                                     program or activity ----------------------------------------------------------------------------------------------------------------      0 10. The heading of subpart B is revised to read as follows:  Subpart B--Accessibility Requirements in Specific Operating  Administration Programs: Airports, Railroads, and Highways  0 11. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 27.71(b), last sentence..............  programs                                    programs or activities 27.77................................  Essential Air Service program               Essential Air Service Program ----------------------------------------------------------------------------------------------------------------  Subpart C--Enforcement  0 12. In the table below, for each section indicated in the left column,  remove the text shown in the middle column and add the text shown in  the right column:  ----------------------------------------------------------------------------------------------------------------                Section                                   Remove                                 Add ---------------------------------------------------------------------------------------------------------------- 27.121(b), last sentence.............  of any program under                        in 27.121(d)............................  program                                     program or activity 27.125(b)(2).........................  program                                     program or activity 27.127(f), first sentence............   programs                                   Federal statutes,                                                                                     authorities, or other means                                                                                     by which Federal financial                                                                                     assistance is extended and 27.129(e), first sentence............  under the program involved                  to which this first                                                                                     regulation applies 27.129(e), last sentence.............  assistance                                  assistance to which this                                                                                     regulation applies ----------------------------------------------------------------------------------------------------------------       Dated: April 27, 2001. Norman Y. Mineta, Secretary of Transportation. [FR Doc. 03-21140 Filed 8-25-03; 8:45 am] 
Updated August 6, 2015