[Federal Register: December 6, 2000 (Volume 65, Number 235)] [Proposed Rules] [Page 76459-76517] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06de00-34]
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----------------------------------------------------------------------- Part V
Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, or Age in Programs or Activities Receiving Federal Financial Assistance; Proposed Rule ----------------------------------------------------------------------- Department of Agriculture Nuclear Regulatory Commission Department of Energy Small Business Administration National Aeronautics and Space Administration Department of Commerce Tennessee Valley Authority Department of State Agency for International Development Department of Justice Department of Labor Department of Veterans Affairs Environmental Protection Agency General Services Administration Department of the Interior Federal Emergency Management Agency National Science Foundation National Foundation on the Arts and the Humanities National Endowment for the Arts National Endowment for the Humanities Institute of Museum and Library Services Corporation for National and Community Service Department of Transportation
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DEPARTMENT OF AGRICULTURE
7 CFR Parts 15, 15b
RIN 0566-AB78
NUCLEAR REGULATORY COMMISSION
10 CFR Part 4
RIN 3130-AG65
DEPARTMENT OF ENERGY
10 CFR Part 1040
RIN 1901-AA86
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 112, 117
RIN 3245-AE58
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1250, 1251, 1252
RIN 2700-AC41
DEPARTMENT OF COMMERCE
15 CFR Parts 8, 8b, 20
RIN 0690-AA30
TENNESSEE VALLEY AUTHORITY
18 CFR Parts 1302, 1307, 1309
RIN 3316-AA20
DEPARTMENT OF STATE
22 CFR Parts 141, 142, 143
RIN 1400-AB17
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Parts 209, 217, 218
RIN 0412-AA45
DEPARTMENT OF JUSTICE
28 CFR Part 42
RIN 1190-AA49
DEPARTMENT OF LABOR
29 CFR Parts 31, 32
RIN 1291-AA31
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 18
RIN 2900-AK13
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
RIN 2020-AA43
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-6, 101-8
RIN 3090-AH33
DEPARTMENT OF THE INTERIOR
43 CFR Part 17
RIN 1090-AA77
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 7
RIN 3067-AD14
NATIONAL SCIENCE FOUNDATION
45 CFR Parts 605, 611, 617
RIN 3145-AA38
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Parts 1110, 1151, 1156
RIN 3135-AA17
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Parts 1110, 1170
RIN 3136-AA24
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
45 CFR Part 1110
RIN 3137-AA11
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1203, 1232
RIN 3045-AA29
DEPARTMENT OF TRANSPORTATION
49 CFR Parts 21, 27
RIN 2105-AC96
Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance; Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance; Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance
AGENCIES: Department of Agriculture; Nuclear Regulatory Commission; Department of Energy; Small Business Administration; National Aeronautics and Space Administration; Department of Commerce; Tennessee Valley Authority; Department of State; Agency for International Development; Department of Justice; Department of Labor; Department of Veterans Affairs; Environmental Protection Agency; General Services Administration; Department of the Interior; Federal Emergency Management Agency; National Science Foundation; National Endowment for the Arts, National Endowment for the Humanities, Institute of Museum and Library Services, National Foundation on the Arts and the Humanities; Corporation for National and Community Service; Department of Transportation (collectively, ``the Agencies'').
ACTION: Joint notice of proposed rulemaking.
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SUMMARY: The Agencies propose to amend their regulations implementing Title VI of the Civil Rights Act of 1964 (``Title VI''), Section 504 of the Rehabilitation Act of 1972 (``Section 504''), and the Age Discrimination Act of 1975 (``Age Discrimination Act''). Together, these statutes prohibit discrimination on the basis of race, color, national origin, disability, and age in programs or activities that receive Federal financial assistance. In 1988, the Civil Rights Restoration Act (``CRRA'') added definitions of ``program or activity'' and ``program'' to Title VI and added a definition of ``program or activity'' to Section 504 and the Age Discrimination Act. The added definitions were designed to clarify the broad scope of coverage of recipients' programs or activities under these statutes. This proposed regulation incorporates the CRRA's definition of ``program or activity'' and ``program'' into Title VI, Section 504, and Age Discrimination Act regulations of the Agencies, and promotes consistent and adequate enforcement of these statutes by the Agencies.
DATES: We must receive your comments on or before January 5, 2001.
ADDRESSES: Address all comments about these proposed regulations to Merrily A. Friedlander, Chief, Federal Coordination and Compliance Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 66560, Washington, D.C. 20035-6560, facsimile (202) 307-0595.
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief, 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:
Invitation To Comment
We invite you to submit comments regarding these proposed regulations. To ensure that your comments have maximum effect in developing the final regulations, we urge you to identify clearly the specific section or sections of the proposed regulations that each of your comments addresses and to arrange your comments in the same order as the proposed regulations. We invite you to assist us in complying with the specific requirements of Executive Order 12866 (``Regulatory Planning and Review'') and its overall requirement of reducing regulatory burdens that might result from these proposed regulations. Please
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let us know of any further opportunities we should take to reduce potential costs or increase potential benefits while preserving the effective and efficient administration of these Federal civil rights requirements. During and after the comment period, you may inspect all public comments about these proposed regulations at the Coordination and Review Section, 1425 New York Avenue NW., Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record
On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for these proposed regulations. If you want to schedule an appointment for this type of aid, you may call (202) 307- 2222 voice or (202) 307-2678 TTY.
Overview
The Agencies propose to amend their civil rights regulations to conform to provisions of the Civil Rights Restoration Act of 1987 (``CRRA''), Pub. L. 100-259, regarding the scope of coverage under civil rights statutes they administer. These statutes include Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq. (``Title VI''); Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 (``Section 504''); and the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq. (``Age Discrimination Act''). Title VI prohibits discrimination on the basis of race, color, and national origin in all programs or activities that receive Federal financial assistance; Section 504 prohibits discrimination on the basis of disability in all programs or activities that receive Federal financial assistance; and the Age Discrimination Act prohibits discrimination on the basis of age in all programs or activities that receive Federal financial assistance. (Note that the CRRA does not affect coverage under federal employment nondiscrimination statutes, such as Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, and the Age Discrimination in Employment Act.)
Background Information
The principal proposed conforming change is to amend each of these regulations to add a definition of ``program or activity'' or ``program'' that reflects the statutory definition of ``program or activity'' or ``program'' enacted as part of the CRRA. We believe that adding this statutory definition to the regulatory language is the best way to avoid confusion on the part of beneficiaries, recipients, government entities, and other interested parties about the scope of civil rights coverage. This proposal also conforms to a final rule under Title IX of the Education Amendments of 1972, as amended, to establish common regulations for 21 Federal agencies published on August 30, 2000. 65 Fed. Reg. 52857. That common rule incorporated the statutory definitions of ``program or activity'' and ``program'' enacted as part of the CRRA. When originally issued and implemented, the Agencies' civil rights regulations were interpreted by the Agencies to mean that acceptance of Federal assistance by a recipient resulted in broad coverage of an entity. The Supreme Court, however, interpreted ``program or activity'' in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 570-74 (1984). The Court concluded in Grove City College that Federal student financial assistance provided to a college established jurisdiction under Title IX only over the college's financial aid program, not the entire college. Since Title IX was patterned after Title VI, this interpretation significantly narrowed the prohibitions of Title VI and two other statutes based on it: the Age Discrimination Act and Section 504. See S. Rep. No. 100-64, at 2-3, 11-16, reprinted in 1988 U.S.C.C.A.N. at 3-5, 13-18. Following the Supreme Court's decision in Grove City, the Agencies changed their interpretation, but not the language, of the governing regulations to be consistent with the Court's restrictive, program-specific definition of ``program or activity.'' In 1988, Congress enacted the CRRA to restore the prior consistent and long-standing executive branch interpretation and ``broad, institution-wide application'' of those laws as previously administered. S. Rep. No. 100-64, at 4, reprinted in 1988 U.S.C.C.A.N. at 6. Congress enacted the CRRA in order to remedy what it perceived to be a serious narrowing by the Supreme Court of a longstanding administrative interpretation of the coverage of these laws. At that time, the Agencies reinstated their broad interpretation to be consistent with the CRRA, again without changing the language of the regulations. To the extent there was any inconsistency between the language of the regulations and the language of the CRRA, it was and remains the Agencies' interpretation that the CRRA superseded the regulations and, therefore, the regulations must be read in conformity with the CRRA. This interpretation was consistent with the understanding of Congress as expressed in the legislative history of the CRRA that the statutory definition of ``program or activity'' would take effect immediately without the need for Federal agencies to amend their existing regulations. S. Rep. No. 100-64, at 32, reprinted in 1988 U.S.C.C.A.N. at 34. The proposed regulatory changes set out in this notice are designed to address an issue recently raised by the Third Circuit Court of Appeals in Cureton v. NCAA, 198 F.3d 107 (3d Cir. 1999). The Third Circuit determined that, because the Departments of Health and Human Services and Education did not amend their Title VI regulations after the enactment of the CRRA, application of the Departments' Title VI regulations to disparate impact discrimination claims is ``program specific'' (i.e., limited to the particular program receiving Federal financial assistance), rather than institution-wide (i.e., applicable to all of the operations of the institution regardless of the use of the Federal funds). See id. at 114-16. As noted above, however, the Agencies have, since the passage of the CRRA, consistently interpreted the coverage of their Title VI regulations to reach those programs that fall within the broad statutory definition of ``program or activity.'' The Cureton decision would thwart clearly expressed congressional intent by giving continued effect to a judicial interpretation that Congress intended to override. In any event, the proposed regulatory changes would address the concerns raised by the Third Circuit in that the regulations would track the CRRA's statutory language and apply to both disparate impact and disparate treatment forms of discrimination. (``Disparate treatment,'' i.e., intentional discrimination, refers to policies or practices that treat individuals differently based on their race, color, national origin, disability, or age, as applicable. Discrimination that involves such disparate treatment is barred by the civil rights statutes and regulations. ``Disparate impact'' refers to criteria or methods of administration that have a significant adverse effect on individuals based on race, color, national origin, disability, or age, as applicable. Such criteria or practices constitute impermissible discrimination if there is no substantial legitimate justification for those criteria or practices. However, even where such a justification exists, if there is an equally
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effective but less discriminatory alternative, that alternative must be adopted.) Pursuant to Executive Order 12250 (``Leadership and Coordination of Nondiscrimination Laws''), the Department of Justice (``DOJ'') requested that the Agencies jointly issue amendments to their regulations implementing Title VI, Section 504, and the Age Discrimination Act to incorporate the CRRA definitions of ``program'' and ``program or activity.'' The two federal agencies implicated in the Cureton decision--the Department of Education (``ED'') and the Department of Health and Human Services (``HHS'')--are promulgating separate rules to incorporate the CRRA's expanded definition of ``program or activity'' and ``program'' in their regulations. DOJ is participating in and coordinating the promulgation of amendments to 22 other agencies' Title VI, Section 504, and Age Discrimination Act regulations. Again, while DOJ views these modifications to be merely technical in nature, public comments are invited on these modifications. These proposed changes are summarized in the sections below.
Definition of ``Program or Activity'' and ``Program''
The statutory definition, which is being incorporated into the regulations, addresses the scope of coverage for four broad categories of recipients: (1) State or local governmental entities; (2) colleges, universities, other postsecondary educational institutions, public systems of higher education, local educational agencies, systems of vocational education, and other school systems; (3) private entities, such as corporations, partnerships, and sole proprietorships; and (4) entities that are a combination of any of those groups. See 42 U.S.C. 2000d-4a. Under the first part of the definition, when State and local governmental entities receive financial assistance from a Federal agency, the ``program or activity'' or ``program'' in which discrimination is prohibited includes all of the operations of any State or local department or agency to which the Federal assistance is extended. If, for example, a State or local agency receives Federal assistance for one of many functions of the agency, all of the operations of the entire agency are subject to the nondiscrimination provisions of these regulations. Furthermore, if the aid is given to an entity or unit of government that subsequently distributes the assistance to a second agency, the entire entity to which the assistance was initially given is subject to the regulations. See 42 U.S.C. 2000d-4a(1); S. Rep. No. 100-64, at 16, reprinted in 1988 U.S.C.C.A.N. at 18. Under the second portion of the definition of ``program or activity,'' when covered educational institutions receive Federal financial assistance, all of their operations are subject to the nondiscrimination requirements of the funding agency's regulations. See 42 U.S.C. 2000d-4a(2). Under the third part of the definition, the degree of coverage of private entities, such as private corporations and partnerships, will vary depending on how the funding is provided, the principal purpose or objective of the entity, or how the entity is structured (e.g., physically separate offices or plants). Each of the operations of private businesses that are principally engaged in education, health care, housing, social services, or parks and recreation is considered a ``program or activity'' for purposes of these regulations. See 42 U.S.C. 2000d-4a(3)(A)(ii). S. Rep. No. 100-64 provides numerous other examples of the scope of coverage with regard to each category of recipient, and readers are referred to this material. S. Rep. No. 100- 64, at 16-20, reprinted in 1988 U.S.C.C.A.N. at 19-21. In addition, if Federal financial assistance is extended to a private entity ``as a whole'' and the private entity is not principally engaged in the business of education, health care, housing, social services, or parks and recreation, all of the private entity's operations at all of its locations would be covered. If the private entity receives general assistance, that is, assistance that is not designated for a particular purpose, that would be considered Federal financial assistance to the private entity ``as a whole.'' In other instances where financial assistance is extended directly to a geographically separate facility of an entity described in the third part of this definition, then coverage would be limited to the geographically separate facility that receives the assistance. See 42 U.S.C. 2000d-4a(3). Under the fourth part of the definition, if an entity of a type not already covered by one of the first three parts of the definition is established by two or more of the entities listed under the first three parts of the definition, then all of the operations of that new entity are covered. See 42 U.S.C. 2000d-4a(4). The proposed amendments will incorporate the CRRA definition of ``program or activity'' and ``program'' into the agencies' regulations. When Congress amended Title VI in the CRRA, it added definitions of both ``program or activity'' and ``program'' to the statute. Therefore, we have proposed to amend each agency's Title VI regulations to incorporate the definition of both ``program or activity'' and ``program.'' However, when Congress amended Section 504 and the Age Discrimination Act in the CRRA, it added a definition of the term ``program or activity,'' but did not add a similar definition of the term ``program.'' Thus, we have amended the agencies' Section 504 and Age Discrimination Act regulations to incorporate a new definition of ``program or activity'' only. As explained below, in order to conform with the CRRA definitions of ``program or activity'' and ``program,'' the proposed regulations also would modify or delete some existing sections of the Agencies' regulations that have become superfluous or incorrect following enactment of the CRRA. These proposed modifications would not change the requirements of the existing regulations. It is important to note that the proposed changes would not in any way alter the requirement of the CRRA that a fund termination be limited to the particular programs ``or part[s] thereof'' that discriminate, or, as appropriate, to all of the programs that are infected by the discriminatory practices. See S. Rep. No. 100-64, at 20, reprinted in 1988 U.S.C.C.A.N. at 22 (``The [CRRA] defines `program' in the same manner as `program or activity,' and leaves intact the `or part thereof' pinpointing language.'').
Assurances
Several agencies' Title VI regulations include an assurance requirement that has created confusion with regard to the scope of ``program or activity'' under these regulations. In general, these assurances, which are legal agreements between the government and recipients of Federal financial assistance, are designed to ensure that recipients of Federal financial assistance comply with nondiscrimination laws and do not discriminate in their programs or activities. However, some agencies have assurance provisions that are confusing in light of the CRRA because they incorrectly state that, in some circumstances, certain parts of a program will not be covered by civil rights laws. For example, DOJ's assurance provision, which is very similar to the corresponding assurance requirements in other agencies' Title VI regulations, provides in part: ``[t]he assurance * * * shall be applicable to the entire institution unless the applicant establishes, to the satisfaction of the responsible Department official,
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that the practices in designated parts or programs of the institution * * * will in no way affect its practices in the program of the institution * * * for which Federal financial assistance is sought. * * * '' 28 CFR 42.105(c)(2). In order to avoid any further confusion, the proposed rule would delete the above provision and similar provisions in the regulations of other agencies that incorrectly suggest that some parts of a program will not be covered under certain circumstances. This change will ensure that agency regulations reflect the broad scope of coverage of a program or activity that was contemplated by the CRRA. Several Federal agencies' Title VI regulations provide illustrative examples or applications that refer to the waiver language contained in the assurance provision. Because the waiver language in relevant assurance provisions should be deleted, similar language and references in illustrative applications and examples also should be deleted. These proposed deletions would not affect the reach of the statutes or regulations.
Other References to ``Program'' and ``Program or Activity''
We are also proposing to delete references to ``program'' and ``program or activity'' in the existing regulations that do not conform to the broadened CRRA definition of ``program'' and ``program or activity.'' For example, in some instances, we have proposed to substitute ``Federal financial assistance'' for ``program'' or ``program or activity'' where the phrase refers to Federal financial assistance. In other instances, we have proposed to substitute the phrase ``aid, benefit, or service'' if that is the intended meaning. We have also proposed revisions when the terms ``program'' and ``program or activity'' are used too narrowly, i.e., when they are used to indicate only a specific portion of a program that directly receives assistance. The nomenclature tables, which are charts designed to provide an easy method for viewing the words to be removed or replaced, show these proposed conforming changes for each agency. In some instances, we would change the phrase ``program and activity'' to ``program or activity'' to conform the regulations to the term as defined in the CRRA. We have not proposed to modify the term ``activity'' when it appears separately from the phrase ``program or activity'' and is used in a manner unrelated to the CRRA phrase ``program or activity.'' Although we have generally proposed to delete all references to ``program'' and ``program or activity'' where such references do not conform to the CRRA, we have not done so when the regulation is merely copying statutory language. For example, the regulations for some agencies contain a compliance provision that requires the agency to report any order for fund termination to the congressional committee with jurisdiction over the ``program'' involved. In this case, the term ``program'' clearly refers to the Federal financial assistance, but we have not proposed to replace the word because the copied statutory language itself uses the term ``program.'' In other instances in which the term ``program'' is used in a manner inconsistent with the CRRA, we have proposed to capitalize the word in order to distinguish it from the term defined by the CRRA. For example, we have proposed to capitalize certain terms of art (e.g.,``Historic Preservation Program,'' ``Individualized Education Program'') or names of types of Federal financial assistance (e.g., ``School Lunch Program'') to avoid confusion.
Other Conforming Changes
Other proposed changes include modifications to some agencies' definition of ``recipient.'' A few agencies define this term to include an entity that ``benefits from'' Federal financial assistance. Likewise, many agencies' Section 504 and Age Discrimination Act regulations use the phrase ``receives or benefits from Federal financial assistance.'' The phrase ``or benefits from'' in this context should be deleted as it is superfluous in light of the CRRA. Because the proposed changes are limited to those that are related to the CRRA definition of ``program'' and ``program or activity,'' we are not proposing to make additional technical corrections unless the provision is already subject to a CRRA-related change. Likewise, we do not propose to make other technical corrections to outdated agency or office names, with one notable exception. Since the regulations for the Department of Energy require that age discrimination complaints be filed with a specific office, we have updated the regulations to reflect the new name of that office, thereby reducing confusion for individual complainants. Although we did not propose to amend the content of the Agencies' appendices, the headings and introductory text describing the content were amended to conform with the CRRA. Additional conforming changes to the body of the various agency appendices will be published in the Federal Register in a separate document at a later date.
Period for Public Comment
Because these proposed changes merely incorporate statutory language and do not alter the Agencies' consistent position that the regulations must be read in conformity with the CRRA, the Agencies view these proposed changes as technical in nature. However, the Agencies are inviting public comment on the proposed changes, consistent with their policy of involving interested members of the public in the rulemaking process. We have decided to use a 30-day comment period because we do not anticipate receiving a large volume of comments on the limited technical changes in this proposed rule.
Coordination With the Department of Education
The Department of Education (``ED'')--one of two agencies that were implicated in the Cureton decision and that have decided to promulgate separate rules to incorporate the CRRA's expanded definition of ``program or activity'' in their regulations--published its proposed rule on May 5, 2000, at 65 FR 26464. Among other modifications, ED's proposed amendments contain several conforming changes to the following three subparts of its Section 504 regulations: (1) Preschool, Elementary, and Secondary Education; (2) Postsecondary Education; and (3) Health, Welfare, and Social Services. Eight other Federal agencies have Section 504 regulations containing sections similar to all or a portion of the provisions in the above three subparts. Because we believe that it is particularly important to maintain consistency among Federal agencies with respect to these subparts, we have, with a few minor exceptions, followed ED's lead when amending these sections for the other eight agencies-- Department of Agriculture, Department of Commerce, Department of Interior, Department of State, Department of Veterans Affairs, Agency for International Development, National Endowment for the Humanities, and National Science Foundation--that have similar regulations.
Differences Among Agencies
Some agencies lack regulations implementing Section 504 or the Age Discrimination Act. In accordance with the limited scope of this proposed regulation, we have not proposed to add Section 504 or Age Discrimination Act sections to agencies that lack such regulations. Outlined below are the agencies that do not have such implementing regulations, as well as agencies that have comprehensive rules
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implementing several statutes in one set of regulations or that follow the regulations of another Federal agency. Agencies that do not have regulations implementing the Age Discrimination Act and, therefore, are amending only their regulations implementing Title VI and Section 504 are: the Department of Agriculture, the Department of Labor, the Department of Defense, the Environmental Protection Agency, and the Department of Transportation. The Federal Emergency Management Agency (``FEMA'') does not have regulations applying Section 504 to recipients of Federal financial assistance but, instead, operates in accordance with Section 504 regulations developed by HHS. Therefore, FEMA will amend only its regulations implementing Title VI and the Age Discrimination Act. Likewise, the Small Business Administration does not have regulations applying Section 504 to recipients of Federal financial assistance and, therefore, will only be amending its Title VI and Age Discrimination Act regulations. In addition, the Corporation for National and Community Service (``the Corporation'') lacks regulations applying the Age Discrimination Act, Title VI, and Section 504 to recipients of Federal financial assistance. Instead, the Corporation, which is the successor of ACTION, operates in accordance with Title VI and Section 504 regulations promulgated by ACTION and will amend only those regulations. Similarly, the National Endowment for the Arts, the National Endowment for the Humanities (``NEH''), and the Institute of Museum and Library Services (``IMLS''), which together constitute the National Foundation on the Arts and the Humanities (``NFAH''), operate in accordance with Title VI regulations developed jointly by these three agencies and thus are amending their Title VI regulations jointly. However, NEA is separately amending its Section 504 and Age Discrimination Act regulations, while NEH, which lacks an Age Discrimination Act regulation, is amending its Section 504 regulation only. IMLS, which operates in accordance with NEH's Section 504 regulations and does not have regulations implementing the Age Discrimination Act, is not issuing any separate amendments.
Applicable Executive Orders and Regulatory Certifications Executive Order 12067
These proposed conforming changes have been reviewed by the Equal Employment Opportunity Commission pursuant to Executive Order 12067.
Executive Order 12250
These proposed conforming changes to the Title VI and Section 504 regulations have been reviewed and approved by the Attorney General pursuant to Executive Order 12250.
Executive Order 12866
These proposed conforming changes have been drafted and reviewed in accordance with section 1(b) of Executive Order 12866. This regulation is not a significant regulatory action under section 3(f)(4) of Executive Order 12866.
1. Potential Costs and Benefits
Under Executive Order 12866, the Agencies have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the proposed regulations are those resulting from statutory requirements and those that the Agencies have determined are necessary for administering these Federal financial assistance statutes effectively and efficiently. In assessing the potential costs and benefits--both quantitative and qualitative--of this regulatory action, the Agencies have determined that there probably will be no cost impacts because this regulatory action, which implements congressional amendments, merely clarifies longstanding policy of the Agencies and does not change the Agencies' practices in addressing issues of discrimination. The Agencies have also determined that this regulatory action would not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.
2. Clarity of the Regulations
Executive Order 12866 and the President's Memorandum of June 1, 1998, on ``Plain Language in Government Writing'' require each agency to write regulations that are easy to understand. The Agencies invite comments on how to make these proposed regulations easier to understand, including answers to questions such as the following: Are the requirements in the proposed regulations clearly stated? Do the proposed regulations contain technical terms or other wording that interferes with their clarity? Does the format of the proposed regulations (grouping and order of sections, use of a nomenclature table) aid or reduce their clarity? Could the description of the proposed regulations in the SUMMARY section of this preamble be more helpful in making the proposed regulations easier to understand? If so, how? What else could we do to make the proposed regulations easier to understand? Send any comments that concern how the Agencies could make these proposed regulations easier to understand to the person listed in the ADDRESSES section of the preamble.
Age Discrimination Act of 1975
The Age Discrimination Act of 1975 and the Department of Health and Human Services' (``HHS'') general, government-wide implementing regulations give the Secretary of HHS the authority to review changes to the Age Discrimination Act regulations of federal agencies. This authority has been delegated to the Office for Civil Rights (``OCR''), which has reviewed and approved these proposed conforming changes.
Small Business Regulatory Enforcement Fairness Act of 1996
It has been determined that this rule is not a major rule as defined by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. All recipients of Federal funding have been bound by these standards of liability since the passage of the CRRA, when the Agencies reinstated their broad interpretation of the terms ``program or activity'' and ``program'' and applied these regulations on an institution-wide basis without changing the language of the regulations. The joint rule merely makes the regulations track the statutory language of the CRRA, both for disparate impact and disparate treatment forms of discrimination. These regulations implement statutory amendments and longstanding agency policy.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to prepare several analytic statements before proposing any rule that may result in annual expenditures of $100 million by State, local, Indian tribal governments or the private sector. See 15 U.S.C. 1532. These amendments make technical changes to existing regulations that enforce statutory prohibitions on
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discrimination on the basis of race, color, national origin, age, or disability. Therefore, these amendments will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and they will not significantly or uniquely affect small governments. The participating agencies certify that no actions were deemed necessary under the Unfunded Mandates Reform Act of 1995.
Regulatory Flexibility Act
The Agencies, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), have reviewed these regulations and certify that these regulations will not have a significant economic impact on a substantial number of small entities, in large part because these regulations do not impose any new substantive obligations on Federal funding recipients. All recipients of Federal funding have been bound by these standards of liability since the passage of the CRRA, when the Agencies reinstated their broad interpretation of the terms ``program or activity'' and ``program'' and applied these regulations on an institution-wide basis without changing the language of the regulations. The joint rule merely makes the regulations track the statutory language of the CRRA, both for disparate impact and disparate treatment forms of discrimination. These regulations implement statutory amendments and longstanding agency policy.
Paperwork Reduction Act
The Agencies certify that this proposed rule will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
Executive Order 13132
This proposed rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The proposed rule does not subject Federal funding recipients to new obligations. The proposed regulations amend and clarify existing regulations that are required by statute pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. Therefore, in accordance with section 6 of Executive Order 13132, the Agencies have determined that these amendments do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
List of Subjects
7 CFR Part 15
Aged, Civil rights, Religious discrimination, Sex discrimination.
7 CFR Part 15b
Civil rights, Equal employment opportunity, Grant programs-- education, Individuals with disabilities.
10 CFR Part 4
Administrative practice and procedure, Aged, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities, Reporting and recordkeeping requirements, Sex discrimination.
10 CFR Part 1040
Administrative practice and procedure, Aged, Civil rights, Equal employment opportunity, Individuals with disabilities, Sex discrimination.
13 CFR Part 112
Civil rights, Reporting and recordkeeping requirements, Small businesses.
13 CFR Part 117
Aged, Civil rights, Reporting and recordkeeping requirements.
14 CFR Part 1250
Civil rights.
14 CFR Part 1251
Administrative practice and procedure, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities.
14 CFR Part 1252
Aged, Civil rights.
15 CFR Part 8
Civil rights.
15 CFR Part 8b
Civil rights, Equal educational opportunity, Equal employment opportunity, Individuals with disabilities, Reporting and recordkeeping requirements.
15 CFR Part 20
Administrative practice and procedure, Aged, Civil rights.
18 CFR Part 1302
Civil rights, Reporting and recordkeeping requirements.
18 CFR Part 1307
Administrative practice and procedure, Civil rights, Individuals with disabilities.
18 CFR Part 1309
Aged, Civil rights.
22 CFR Part 141
Civil rights.
22 CFR Part 142
Civil rights, Equal educational opportunity, Equal employment opportunity, Individuals with disabilities.
22 CFR Part 143
Aged, Civil rights.
22 CFR Part 209
Civil rights.
22 CFR Part 217
Civil rights, Equal educational opportunity, Equal employment opportunity, Individuals with disabilities.
22 CFR Part 218
Aged, Civil rights.
28 CFR Part 42
Administrative practice and procedure, Aged, Civil rights, Equal employment opportunity, Grant programs, Individuals with disabilities, Reporting and recordkeeping requirements, Sex discrimination.
29 CFR Part 31
Civil rights, Reporting and recordkeeping requirements.
29 CFR Part 32
Civil rights, Equal employment opportunity, Individuals with disabilities, Reporting and recordkeeping requirements.
38 CFR Part 18
Aged, Civil rights, Equal educational opportunity, Equal employment opportunity, Individuals with disabilities, Reporting and recordkeeping requirements, Veterans.
40 CFR Part 7
Civil rights, Equal employment opportunity, Individuals with disabilities, Reporting and recordkeeping requirements, Sex discrimination.
41 CFR Part 101-6
Civil rights, Government property management.
[[Page 76466]]
41 CFR Part 101-8
Administrative practice and procedure, Civil rights, Government property management, Individuals with disabilities, Reporting and recordkeeping requirements.
43 CFR Part 17
Administrative practice and procedure, Aged, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities.
44 CFR Part 7
Administrative practice and procedure, Aged, Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 605
Civil rights, Equal educational opportunity, Equal employment opportunity, Individuals with disabilities.
45 CFR Part 611
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 617
Administrative practice and procedure, Aged, Civil rights.
45 CFR Part 110
Civil rights.
45 CFR Part 1151
Civil rights, Equal employment opportunity, Individuals with disabilities.
45 CFR Part 1156
Administrative practice and procedure, Aged, Civil rights, Grant programs, Investigations, Reporting and recordkeeping requirements.
45 CFR Part 1170
Civil rights, Equal educational opportunity, Equal employment opportunity, Individuals with disabilities.
45 CFR Part 1203
Civil rights, Reporting and recordkeeping requirements.
45 CFR Part 1232
Civil rights, Grant programs--social programs, Individuals with disabilities.
49 CFR Part 21
Civil rights, Reporting and recordkeeping requriements.
49 CFR Part 27
Administrative practice and procedure, Airports, Civil rights, Highways and roads, Individuals with disabilities, Mass transportation, Railroads, Reporting and recordkeeping requirements.
Proposed Adoption of Joint Rule
The proposed agency adoptions of this joint rule are set forth below:
DEPARTMENT OF AGRICULTURE
7 CFR Subtitle A
RIN 0566-AB78
Authority and Issuance
For the reasons set forth in the joint preamble, USDA proposes to amend 7 CFR subtitle A, parts 15 and 15b as set forth below:
PART 15--NONDISCRIMINATION
1. The authority citation for part 15 continues to read as follows:
Authority: 5 U.S.C. 301; 29 U.S.C. 794.
2. Section 15.2 is amended by revising paragraph (k) to read as follows:
Sec. 15.2 Definitions.
* * * * * (k) Program or activity and program mean all of the operations of any entity described in paragraphs (k)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section. * * * * * 3. In Sec. 15.3, the headings for paragraphs (d)(1) through (d)(10) are revised to read as follows:
Sec. 15.3 Discrimination prohibited.
* * * * * (d) * * * (1) Cooperative Agricultural Extension Program. * * * (2) Rural Electrification and Rural Telephone Programs. * * * (3) Direct Distribution Program. * * * (4) National School Lunch Program. * * * (5) Food Stamp Program. * * * (6) Special Milk Program for Children. * * * (7) Price Support Programs carried out through producer associations or cooperatives or through persons who are required to provide specified benefits to producers. * * * (8) Forest Service Programs. * * * (9) Farmers Home Administration Programs. * * * (10) Cooperative State Research Programs. * * * 4. Section 15.4 is amended by revising paragraph (c) to read as follows:
Sec. 15.4 Assurances required.
* * * * * (c) Assurances from institutions. The assurance required with respect to an institution of higher education, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. * * * * * 5. Amend the appendix to subpart A of part 15 as follows: a. In the heading, by removing the words ``USDA-Assisted Programs'' and adding, in their place, the words ``Federal Financial Assistance From USDA''; b. In the introductory text, by removing the word ``Programs'' and adding, in its place, the words ``The types of Federal financial assistance''; and by removing the words ``in which Federal financial assistance is rendered''; and c. In the chart, by removing the column heading ``Program'' and adding, in its place, the column heading ``Type of Federal Financial Assistance''.
[[Page 76467]]
6. In the table below, for each section indicated in the left column, remove the text shown in the middle column, and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 15.1(b)(3)........................... under any such program 15.2(e).............................. for any program, 15.2(e).............................. under any such program 15.2(f).............................. for the purpose of carrying out a program 15.3(b)(3)........................... activities or programs programs or activities 15.3(d), introductory text, first programs and activities types of Federal financial sentence. assistance 15.3(d), introductory text, third program type of Federal financial sentence. asistance 15.3(d), introductory text, third it a program sentence. 15.3(d), introductory text, last listed program listed type of Federal sentence. financial assistance 15.3(d)(1)(ii)....................... activity of activity funded by 15.3(d)(3)(i)........................ direct distribution program Direct Distribution Program 15.3(d)(3)(iii)...................... program Program 15.3(d)(4)(i)........................ program Program 15.3(d)(4)(ii)....................... program Program 15.3(d)(5)(i)........................ program Program 15.3(d)(6)(i)........................ program Program 15.3(d)(6)(iv)....................... program Program 15.3(d)(7)(v)........................ price support program Price Support Program 15.3(d)(10)(ii)...................... cooperative research program Cooperative Research Program 15.4(a)(1), first sentence........... to carry out a program ............................. 15.4(a)(1), first sentence........... except a program except an application 15.4(b).............................. to carry out its program for or activity involving 15.5(a), second sentence............. programs Federal financial assistance 15.5(a), second sentence............. program 15.5(b), second sentence............. of any program under in 15.5(d).............................. program under program for 15.9(e), first sentence.............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 15.10(f)............................. under the program involved to which this regulation applies 15.10(f)............................. assistance will assistance to which this regulation applies will 15.10(f)............................. under such program 15.12(a), introductory text, first under such program sentence. ----------------------------------------------------------------------------------------------------------------
PART 15--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 15b is revised to read as set forth above. 8. The authority citation for part 15b continues to read as follows:
Authority: 29 U.S.C. 794.
9. Section 15b.3 is amended by revising paragraph (p) and adding a new paragraph (s) to read as follows:
Sec. 15b.3 Definitions.
* * * * * (p) For purposes of Sec. 15b.18(d), Historic Preservation Programs are those that receive Federal financial assistance that has preservation of historic properties as a primary purpose. * * * * * (s) Program or activity means all of the operations of any entity described in paragraphs (s)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (s)(1), (2), or (3) of this section.
Sec. 15b.4 [Amended]
10. In Sec. 15b.4, the heading of paragraph (c) is amended by removing the word ``Programs'' and adding, in its place, the words ``Aid, benefits, or services''. 11. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
* * * * * 12. Section 15b.18 is amended by revising the heading and first sentence of paragraph (a), the heading of paragraph (e), and the first sentence of paragraph (e)(1) to read as follows:
Sec. 15b.18 Existing facilities.
(a) Accessibility. A recipient shall operate each assisted program or activity so that when each part is viewed in its entirety it is readily
[[Page 76468]]
accessible to and usable by qualified handicapped persons. * * * * * * * * (e) Historic Preservation Programs; application for waiver of accessibility requirements. (1) A recipient shall operate each assisted program or activity involving Historic Preservation Programs so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * *
Sec. 15b.27 [Amended]
13. Section 15b.27 is amended by removing from the heading of paragraph (b) the words ``Program delivery'' and adding, in their place, the word ``Delivery'', and by removing from the heading of paragraph (c) the words ``Program materials'' and adding, in their place, the word ``Materials''.
Sec. 15b.28 [Amended]
14. The heading for Sec. 15b.28 is amended by removing the word ``programs''. 15. The heading for subpart F is revised to read as follows:
Subpart F--Other Aid, Benefits, or Services
Appendix A to Part 15b [Amended]
16. Amend appendix A to part 15b as follows: a. In the heading, by removing the words ``USDA-Assisted Programs'' and adding, in their place, the words ``Federal Financial Assistance From USDA''; b. In the introductory text, by removing the word ``Programs'' and adding, in its place, the words ``The types of Federal financial assistance''; and by removing the words ``in which Federal financial assistance is rendered''; and c. In the chart, by removing the column heading ``Program'' and adding, in its place, the column heading ``Type of Federal Financial Assistance''. 17. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 15b.2, first sentence................ programs and activities programs or activities 15b.2, last sentence................. tailored to specific programs more specifically tailored 15b.4(b)(1)(v)....................... program program or activity 15b.4(b)(3).......................... programs or activities aid, benefits, or services 15b.4(b)(4)(ii)...................... program program or activity 15b.4(b)(5)(i)....................... or benefits from 15b.4(b)(6).......................... or benefiting from 15b.4(c)............................. the benefits of a program aid, benefits, or services 15b.4(c)............................. from a program from aid, benefits, or services 15b.5(a), first sentence............. for a program or activity 15b.5(a), first sentence............. the program will the program or activity will 15b.7(a), second sentence............ programs and activities programs or activities 15b.8(a)(3)(i)....................... program program or activity 15b.8(a)(3)(ii)...................... program program or activity 15b.8(a)(3)(iii)..................... program program or activity 15b.10............................... programs programs or activities 15b.11............................... programs and activities programs or activities 15b.12(a)(3), last sentence.......... apprenticeship programs apprenticeships 15b.12(b)(8)......................... social those that are social 15b.12(b)(8)......................... programs 15b.13(a)............................ program program or activity 15b.13(c), introductory text......... programs programs or activities 15b.13(c)(1)......................... program program or activity 15b.16............................... programs and activities programs or activities 15b.18(b), last sentence............. offer programs and activities to serve 15b.18(b), last sentence............. to obtain the full benefits of the program 15b.18(d)............................ program accessibility accessibility 15b.18(d)............................ the program the program or activity 15b.18(e)(1), introductory text, last program sentence. 15b.18(e)(1)(iv), first sentence..... program 15b.18(e)(1)(iv), first sentence..... historic preservation program Historic Preservation Program 15b.18(e)(1)(iv), last sentence...... program accessibility accessibility 15b.18(e)(2), introductory text, program first sentence. 15b.18(e)(2), introductory text, last program sentence. 15b.18(e)(2)(iii).................... program program or activity 15b.18(g)(3)......................... program accessibility accessibility under paragraph (a) of this section 15b.20............................... programs and activities programs or activities 15b.21, introductory text............ program program or activity 15b.22(a)............................ program program or activity 15b.22(b)(2)......................... individualized education program Individualized Education Program 15b.22(b)(3), first sentence......... in 15b.22(b)(3), first sentence......... to a program for aid, benefits, or services 15b.22(b)(3), first sentence......... the one those 15b.22(b)(3), first sentence......... operates operates or provides 15b.22(c)(1), second sentence........ to a program for aid, benefits, or services 15b.22(c)(1), second sentence........ operated operated or provided 15b.22(c)(1), second sentence........ the program aid, benefits, or services 15b.22(c)(2)......................... person in person 15b.22(c)(2)......................... to a program for aid, benefits, or services 15b.22(c)(2)......................... not operated not operated or provided 15b.22(c)(2)......................... the program aid, benefits, or services
[[Page 76469]]
15b.22(c)(3)......................... placement in 15b.22(c)(3)......................... program placement 15b.22(c)(4), last sentence.......... such a program a free appropriate education 15b.24(a)............................ program shall program or activity shall 15b.24(a)............................ a regular or special education program regular or special education 15b.25, first sentence............... operates a provides 15b.25, first sentence............... education program education 15b.26(c)(1), first sentence......... programs and activities aid, benefits, or services 15b.26(c)(1), last sentence.......... in these activities 15b.27(a), first sentence............ operates an provides 15b.27(a), first sentence............ program or activity receiving assistance from this Department 15b.27(a), first sentence............ from the program or activity 15b.27(a), last sentence............. under the program or activity 15b.27(b)(1), first sentence......... program services aid, benefits, or services 15b.27(b)(2), first sentence......... program services aid, benefits, or services 15b.27(b)(2), second sentence........ program benefits aid, benefits, or services 15b.27(b)(3), first sentence......... program services aid, benefits, or services 15b.27(b)(3), second sentence........ program benefits aid, benefits, or services 15b.27(c), first sentence............ program 15b.28(a), first sentence............ operates a provides 15b.28(a), first sentence............ program receiving assistance from this Department 15b.28(a), first sentence............ from such program 15b.29............................... programs and activities programs or activities 15b.31(a)............................ program or activity aid, benefits, or services 15b.31(d)............................ programs and activities programs or activities 15b.32(a), second sentence........... program or 15b.32(c)............................ in its program 15b.32(d)(1)......................... under the education program or activity operated by the recipient 15b.35(a)(1), first sentence......... programs and activities aid, benefits, or services 15b.36............................... programs and activities aid, benefits, or services 15b.39, first sentence............... activity for activity that provides aid, benefits, or services for 15b.39, first sentence............... program, or activity program or activity 15b.40(a), first sentence............ operate provide 15b.40(a), first sentence............ service programs assisted by this services Department 15b.41(a)............................ a multi-family rental housing program multi-family rental housing 15b.41(b)(2)......................... program 15b.41(c), first sentence............ program 15b.41(c), last sentence............. program ----------------------------------------------------------------------------------------------------------------
Dated: November 9, 2000. Peter G. Parham, Acting Director, Office of Civil Rights, Department of Agriculture.
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
RIN 3130-AG65
Authority and Issuance
For the reasons set forth in the joint preamble, NRC proposes to amend 10 CFR chapter I, part 4 as set forth below:
PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION
1. The heading for part 4 is revised as set forth above. 2. The authority citation for part 4 is revised to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78 Stat. 252, 253 (42 U.S.C. 2000d--2000d-7); sec. 401, 88 Stat. 1254 (42 U.S.C. 5891). Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C. 706(6)). Subpart C also issued under Title III of Pub. L. 94-135, 89 Stat. 728, as amended (42 U.S.C. 6101). Subpart E also issued under 29 U.S.C. 794.
3. Section 4.4 is amended by revising paragraph (g) to read as follows:
Sec. 4.4 Definitions.
* * * * * (g) Program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private
[[Page 76470]]
organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section. * * * * * 4. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 4.3, introductory text, second programs types of Federal financial sentence. assistance 4.3, introductory text, third under any program or activity sentence. 4.3, introductory text, fourth a program a type of Federal financial sentence. assistance 4.3, introductory text, fourth the program a program or activity sentence. 4.4(f)............................... for the purpose of carrying out a program 4.4(h)............................... for any program, 4.4(h)............................... under any such program ----------------------------------------------------------------------------------------------------------------
Subpart A--Regulations Implementing Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974
5. The heading of Sec. 4.22 is revised to read as follows:
Sec. 4.22 Continuing Federal financial assistance.
* * * * * 6. Section 4.24 is amended by revising paragraph (b) to read as follows:
Sec. 4.24 Assurances from institutions.
* * * * * (b) The assurance required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. 7. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 4.12(a), introductory text.......... under any program 4.13(a), first sentence.............. a program of the 4.13(a), first sentence.............. assistance assistance to a program 4.13(a), second sentence............. such programs such Federal financial assistance 4.13(a), second sentence............. fellowship programs fellowships 4.21(a), first sentence.............. under a program 4.21(a), first sentence.............. except a program except an application 4.21(a), fifth sentence.............. for each program 4.21(a), fifth sentence.............. in the program 4.21(b), third sentence.............. program statute 4.22................................. to carry out a program involving for 4.32(b).............................. of any program under in 4.34................................. program under which program for which 4.51(a)(4)........................... , under the program involved 4.64, first sentence................. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 4.64, last sentence.................. programs subject to this subpart are this regulation is 4.74, first sentence................. under the program involved to which this regulation applies 4.74, first sentence................. assistance will assistance to which this regulation applies will 4.74, first sentence................. under such program 4.91, introductory text, first under such program sentence. ----------------------------------------------------------------------------------------------------------------
Subpart B--Regulations Implementing Section 504 of the Rehabilitation Act of 1973, as Amended
8. The heading of Sec. 4.126 is revised to read as follows:
Sec. 4.126 General requirement concerning accessibility.
* * * * * 9. Section 4.127 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 4.127 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * 10. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 4.121(a)............................. or benefits from
[[Page 76471]]
4.121(b)(1)(v)....................... program program or activity 4.121(b)(2).......................... programs or activities aid, benefits, or services 4.121(b)(3)(ii)...................... program program or activity 4.121(b)(4)(i)....................... or benefits from 4.121(c)............................. the benefits of program aaid, benefits, or services 4.121(c)............................. a program aid, benefits, or services 4.121(d)............................. programs and activities programs or activities 4.122(a)............................. or benefits from 4.122(c)(8).......................... social those that are social 4.122(c)(8).......................... programs 4.122(d), last sentence.............. apprenticeship programs apprenticeships 4.123(a)............................. program program or activity 4.123(c), introductory text.......... program program or activity 4.123(c)(1).......................... program program or activity 4.126................................ or benefits from 4.127(b), last sentence.............. offer programs and activities to serve 4.127(d)(3).......................... program accessibility accessibility under paragraph (a) of this section 4.231(a), first sentence............. for a program or activity 4.231(a), first sentence............. the program the program or activity 4.231(c)(3)(i)....................... program program or activity 4.231(c)(3)(ii)...................... program program or activity 4.232(a), second sentence............ programs and activities programs or activities ----------------------------------------------------------------------------------------------------------------
Subpart C--Regulations Implementing the Age Discrimination Act of 1975, as Amended
11. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 4.313, introductory text, first program of activity program or activity sentence. 4.321, first sentence................ programs and activities programs or activities 4.321, second sentence............... programs and activities programs or activities 4.334(a)(2), last sentence........... program 4.336(c)(2), first sentence.......... Federal 4.338(c)............................. program program or activity 4.339(b)(2).......................... program or activity Federal financial assistance 4.341(b)............................. programs programs or activities 4.341(c)............................. programs programs or activities 4.341(d)............................. programs programs or activities ----------------------------------------------------------------------------------------------------------------
Dated: August 25, 2000. William D. Travers, Executive Director for Operations, Nuclear Regulatory Commission.
DEPARTMENT OF ENERGY
10 CFR Chapter X
RIN 1901-AA86
Authority and Issuance
For the reasons set forth in the joint preamble, DOE proposes to amend 10 CFR chapter X, part 1040 as set forth below:
PART 1040--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES
1. The heading for part 1040 is revised to read as set forth above. 2. The authority citation for part 1040 is revised to read as follows:
Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.
Subpart A--General Provisions
3. Section 1040.3 is amended by revising paragraph (u) to read as follows:
Sec. 1040.3 Definitions--General.
* * * * * (u) Program or activity and program mean all of the operations of any entity described in paragraphs (u)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education,
[[Page 76472]]
health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (u)(1), (2), or (3) of this section. * * * * * 4. Section 1040.4 is amended by revising paragraph (d) and the heading of paragraph (f) to read as follows:
Sec. 1040.4 Assurances required and preaward review.
* * * * * (d) Assurances from government agencies. In the case of any application from any department, agency or office of any State or local government for Federal financial assistance for any specified purpose, the assurance required by this section is to extend to any other department, agency, or office of the same governmental unit. * * * * * (f) Continuing Federal financial assistance. * * * * * * * * 5. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1040.1, first sentence............... the program or activity the Federal financial assistance 1040.1, first sentence............... program services services 1040.2(a), second sentence........... Programs Types of Federal financial assistance 1040.2(a), fourth sentence........... under any program or activity 1040.2(a), last sentence............. a program a type of Federal financial assistance 1040.2(a), last sentence............. the program that a program or activity 1040.3(a)............................ program aid, benefit, service 1040.3(t)............................ for the purpose of carrying out a program 1040.4(a), first sentence............ for a program or activity 1040.4(f), introductory text......... administering a program which receives applying for 1040.4(f)(1)......................... program program or activity 1040.5(b), first sentence............ or programs or activity 1040.5(b), second sentence........... programs programs or activities 1040.5(b), last sentence............. broadcast program broadcast 1040.5(b), last sentence............. the program the program or activity 1040.5(b), last sentence............. opportunity program opportunity program or activity 1040.5(c), first sentence............ program program or activity 1040.6(a) second sentence............ programs and activities programs or activities 1040.7(b)............................ a program that will to ----------------------------------------------------------------------------------------------------------------
Subpart B--Title VI of the Civil Rights Act of 1964; Section 16 of the Federal Energy Administration Act of 1974, as Amended; and Section 401 of the Energy Reorganization Act of 1974
6. Section 1040.13 is amended by revising paragraph (e) to read as follows:
Sec. 1040.13 Discrimination prohibited.
* * * * * (e) For the purpose of this section, the disposition, services, financial aid, or benefits provided under a program receiving Federal financial assistance include all portions of the recipient's program or activity, including facilities, equipment, or property provided with the aid of Federal financial assistance. * * * * * 7. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1040.11(b), first sentence........... administering, administering or 1040.11(b), first sentence........... or substantially benefiting from 1040.12(b), first sentence........... programs and activities programs or activities 1040.13(b), introductory text........ under any program 1040.13(c)........................... program objectives objectives of the program 1040.13(g), first sentence........... from programs from benefits 1040.13(g), last sentence............ the benefits of a program benefits 1040.13(g), last sentence............ programs funded Federal financial assistance provided 1040.14(a)(1), introductory text, mobility programs mobility projects first sentence. ----------------------------------------------------------------------------------------------------------------
Subpart D--Nondiscrimination on the Basis of Handicap--Section 504 of the Rehabilitation Act of 1973, as Amended
Sec. 1040.63 [Amended]
8. In Sec. 1040.63, the heading of paragraph (c) is amended by removing the word ``Programs,'' and adding, in its place, the words ``Aid, benefits, or services''.
Sec. 1040.71 [Amended]
9. The undesignated center heading immediately preceding Sec. 1040.71 is amended by removing the word ``Program''. 10. Section 1040.72 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 1040.72 Existing facilities.
(a) Accessibility. A recipient shall operate any program or activity to which this subpart applies so that when each part is viewed in its entirety it is readily accessible and usable by handicapped persons. * * * * * * * * 11. Section 1040.74 is amended by revising the section heading, the heading and first sentence of paragraph
[[Page 76473]]
(a), and the headings of paragraphs (a)(1), (a)(2), and (a)(3) to read as follows:
Sec. 1040.74 Accessibility in historic properties.
(a) Methods to accomplish accessibility. Recipients shall operate each program or activity involving historic properties so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * (1) Methods to accomplish accessibility without building alterations or structural changes. * * * (2) Methods to accomplish accessibility resulting in building alterations. * * * (3) Methods to accomplish accessibility resulting in structural changes. * * * * * * * * 12. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1040.61(b)........................... or benefits from 1040.63(a)........................... or benefits from 1040.63(b)(1)(v)..................... program program or activity 1040.63(b)(3)........................ program or activities aid, benefits, or services 1040.63(b)(4)(ii).................... program program or activity 1040.63(b)(6)........................ or benefiting from 1040.63(c)........................... the benefits of a program aid, benefits, or services 1040.63(c)........................... from a program from aid, benefits, or services 1040.63(d)........................... programs of activities programs or activities 1040.64(c), first sentence........... under any program to which under any program or activity to which 1040.64(c), first sentence........... assistance under any program for assistance for 1040.66(a)(3), last sentence......... apprenticeship programs apprenticeships 1040.66(b)(8)........................ social those that are social 1040.66(b)(8)........................ programs 1040.67(a)........................... program program or activity 1040.67(c), introductory text........ program program or activity 1040.67(c)(1)........................ program program or activity 1040.72(b), last sentence............ offer programs and activities to serve 1040.72(d)(3)........................ program accessibility accessibility under Sec. 1040.72(a) 1040.74(a), introductory text, second program sentence. 1040.74(a), introductory text, last program sentence. 1040.74(a)(1)(i)..................... programs aid, benefits, or services 1040.74(a)(1)(iii)................... programs or activities aid, benefits, or services 1040.74(a)(1)(iv).................... programs aid, benefits, or services 1040.74(a)(2), first sentence........ program 1040.74(a)(2), first sentence........ Program 1040.74(a)(3), first sentence........ program 1040.74(a)(3), first sentence........ Program ----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age--Age Discrimination Act of 1975, as Amended
13. The authority citation for subpart E is revised to read as follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); 45 CFR part 90.
Appendix A to Subpart E to Part 1040 [Amended]
14. Appendix A to subpart E to part 1040 is amended by removing the words ``or program'' from the sixth column heading. 15. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1040.81, last sentence............... programs and activities programs or activities 1040.82(a)........................... or benefits from 1040.83(i)........................... programs and activities programs or activities 1040.88(a)........................... Office of Equal Opportunity (OEO) Office of Civil Rights and Diversity 1040.88(c)........................... program program or activity 1040.89-1, first sentence............ program and activities programs or activities 1040.89-5(a), third sentence......... Office of Equal Opportunity (OEO) Office of Civil Rights and Diversity 1040.89-5(a), last sentence.......... OEO Office of Civil Rights and Diversity 1040.89-5(b), introductory text...... OEO Office of Civil Rights and Diversity 1040.89-5(c), first sentence......... OEO Office of Civil Rights and Diversity 1040.89-6(b), second sentence........ OEO Office of Civil Rights and Diversity 1040.89-6(c), second sentence........ OEO Office of Civil Rights and Diversity 1040.89-6(e)......................... OEO Office of Civil Rights and Diversity 1040.89-7(a)(1)...................... OEO Office of Civil Rights and Diversity 1040.89-7(a)(3)...................... OEO Office of Civil Rights and Diversity 1040.89-7(b), first sentence......... OEO Office of Civil Rights and Diversity 1040.89-9(a), introductory text...... Programs Programs or Activities 1040.89-9(a)(1), first sentence...... under the program or or activity involved for a program activity in where which 1040.89-9(c)(1)...................... OEO Office of Civil Rights and Diversity
[[Page 76474]]
1040.89-9(c)(2), first sentence...... Federal 1040.89-11........................... OEO Office of Civil Rights and Diversity 1040.89-12(b)(2)..................... program or activity Federal financial assistance 1040.89-13(b), introductory text..... OEO Office of Civil Rights and Diversity ----------------------------------------------------------------------------------------------------------------
Dated: October 4, 2000. T.J. Glauthier, Deputy Secretary, Department of Energy.
SMALL BUSINESS ADMINISTRATION
13 CFR Chapter I
RIN 3245-AE58
Authority and Issuance
For the reasons set forth in the joint preamble, SBA proposes to amend 13 CFR chapter I, parts 112 and 117 as set forth below:
PART 112--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF SBA-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 112 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1).
2. Section 112.2 is amended by adding paragraph (e) to read as follows:
Sec. 112.2 Application of this part.
* * * * * (e) The terms program or activity and program mean all of the operations of any entity described in paragraphs (e)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (e)(1),(2), or (3) of this section.
Appendix A to Part 112 [Amended]
3. The chart in appendix A to part 112 is amended by removing the heading ``Name of program'' and adding, in its place, the heading ``Name of Federal financial assistance'; by removing the heading ``Financial Programs'' and adding, in its place, the heading ``Federal Financial Assistance Involving Grants of Funds''; and by removing the heading ``Nonfinancial Programs'' and adding, in its place, the heading ``Other Federal Financial Assistance''. 4. The note immediately following appendix A to part 112 is amended by removing the word ``programs'' and adding, in its place, the words ``types of Federal financial assistance''. 5. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 112.2(a)............................. assistance under programs Federal financial assistance 112.3(b)(3), first sentence.......... the program a program 112.8, last sentence................. for each program 112.8, last sentence................. in the program ----------------------------------------------------------------------------------------------------------------
PART 117--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF SBA--EFFECTUATION OF THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED
6. The heading for part 117 is revised to read as set forth above. 7. The authority citation for part 117 continues to read as follows:
Authority: Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.
8. Section 117.2 is amended by revising paragraph (a) to read as follows:
Sec. 117.2 Application of this part.
(a) This part applies to all recipients of Federal financial assistance administered by the Small Business Administration, whether or not the specific type of Federal financial assistance administered is listed in appendix A. * * * * * 9. Section 117.3 is amended by redesignating paragraphs (j) through (m) as paragraphs (k) through (n), and adding a new paragraph (j) to read as follows:
Sec. 117.3 Definitions.
* * * * * (j) The term program or activity means all of the operations of any entity described in paragraphs (j)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;
[[Page 76475]]
(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (j)(1), (2), or (3) of this section. * * * * *
Appendix A to Part 117 [Amended]
10. The chart in appendix A to part 117 is amended by removing the words ``Name of program'' and adding, in their place, the words ``Type of Federal financial assistance''. 11. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 117.1................................ programs programs or activities 117.3(j), first sentence............. under any program 117.4(b)(2).......................... programs programs or activities 117.5(b), first sentence............. in a program 117.6(b)............................. business or program program or activity 117.6(c)............................. program program or activity 117.7, first sentence................ under any program 117.7, last sentence................. for each program, 117.7, last sentence................. in the program 117.8(a), first sentence............. programs and activities programs or activities 117.8(c)............................. its program beneficiaries the beneficiaries of its programs or activities 117.15(a)(3), first sentence......... program 117.17(f)............................ under the programs involved to which this regulation applies 117.17(f)............................ assistance will assistance to which this regulation applies will 117.17(f)............................ under such program 117.19(a)(9)......................... program program or activity 117.20, first sentence............... programs programs or activities ----------------------------------------------------------------------------------------------------------------
Dated: August 23, 2000. Fred P. Hochberg, Acting Administrator, Small Business Administration.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR CHAPTER V
RIN 2700-AC41
Authority and Issuance
For the reasons set forth in the joint preamble, NASA proposes to amend 14 CFR chapter V, parts 1250, 1251, and 1252 as set forth below:
PART 1250--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 1250 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d-1 and the laws listed in appendix A to this part.
2. Section 1250.102 is amended by revising paragraph (h) to read as follows:
Sec. 1250.102 Definitions.
* * * * * (h) Program or activity and program mean all of the operations of any entity described in paragraphs (h)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section. * * * * * 3. Section 1250.103-4 is amended by revising paragraph (b) to read as follows:
Sec. 1250.103-4 Illustrative applications.
* * * * * * * * * * (b) In a research or training grant to a university for activities to be conducted in a graduate school, discrimination in the admission and treatment of students in the graduate school is prohibited and the prohibition extends to the entire university. * * * * * 4. Section 1250.103-5 is amended by revising the heading to read as follows:
[[Page 76476]]
Sec. 1250.103-5 Special benefits.
* * * * * 5-6. Section 1250.104 is amended by revising paragraph (c)(2) and by removing paragraph (d)(2) and the paragraph designation (d)(1), to read as follows:
Sec. 1250.104 Assurances.
* * * * * (c) * * * (2) The assurances from such an applicant shall be applicable to the entire organization of the applicant. * * * * * 7. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1250.101(a)(1), first sentence....... federally-assisted programs and activities types of Federal financial assistance 1250.101(a)(1), second sentence...... program or activity type of Federal assistance 1250.101(a)(1), second sentence...... such program a program 1250.101(a)(1), last sentence........ programs types of Federal financial assistance 1250.101(a)(2)....................... under any such program 1250.101(b)(2)....................... extended under any such program extended 1250.101(b)(3)....................... beneficiary under any such program beneficiary 1250.101(b)(5)....................... programs types of Federal financial assistance 1250.101(b)(6)....................... programs types of Federal financial assistance 1250.102(f).......................... for the purpose of carrying out a program 1250.102(i).......................... for any program 1250.102(i).......................... under any such program 1250.103-2(a), introductory text..... under any program 1250.103-3(b)........................ programs types of Federal financial assistance 1250.103-4(a)........................ programs services 1250.103-5........................... the benefits of a program benefits 1250.104(a), first sentence.......... to carry out a program 1250.104(e), second sentence......... under a program of with 1250.104(e), last sentence........... program statute 1250.105(b), last sentence........... of any program under in 1250.105(d).......................... program under program for 1250.108(e), first sentence.......... programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 1250.109(f).......................... under the program involved to which this regulation applies 1250.109(f).......................... assistance will assistance to which this regulation applies will 1250.109(f).......................... under such program 1250.111(a), first sentence.......... under such program ----------------------------------------------------------------------------------------------------------------
PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP
8. The authority citation for part 1251 continues to read as follows:
Authority: 29 U.S.C. 794.
9. Section 1251.102 is amended by adding paragraph (k) to read as follows:
Sec. 1251.102 Definitions.
* * * * * (k) Program or activity means all of the operations of any entity described in paragraphs (k)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section.
Sec. 1251.103 [Amended]
10. In Sec. 1251.103, the heading of paragraph (c) is amended by removing the word ``Programs'' and adding, in its place, the words ``Aid, benefits, or services''. 11. The heading of subpart 1251.3 of part 1251 is revised to read as follows:
Subpart 1251.3--Accessibility
12. In Sec. 1251.301, the heading and first sentence of paragraph (a) are revised to read as follows:
Sec. 1251.301 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which his part applies so that when each part is viewed in its entirety it is readily accessible to handicapped persons. * * * * * * * * 13. In the table below, for each section indicated in the left column, remove the text shown in the middle column, and add the text shown in the right column:
[[Page 76477]]
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1251.101............................. or benefits from 1251.103(a).......................... or benefits from 1251.103(b)(1)(v).................... program program or activity 1251.103(b)(3)....................... program program or activity 1251.103(b)(3)....................... or benefiting from 1251.103(b)(4)....................... programs or activities aid, benefits, or services 1251.103(b)(5)(ii)................... program program or activity 1251.103(b)(6)(i).................... or benefits from 1251.103(b)(7)....................... or benefiting from 1251.103(c).......................... the benefits of a program aid, benefits, or services 1251.103(c).......................... from a program from aid, benefits, or services 1251.104(a), first sentence.......... for a program activity 1251.104(a), first sentence.......... the program the program or activity 1251.105(a)(3)(i).................... program program or activity 1251.105(a)(3)(ii)................... program program or activity 1251.105(a)(3)(iii).................. program program or activity 1251.107(a), second sentence......... programs and activities programs or activities 1251.200(a)(2)....................... programs programs or activities 1251.200(a)(4), last sentence........ apprenticeship programs apprenticeships 1251.200(b)(8)....................... social those that are social 1251.200(b)(8)....................... programs 1251.200(d), last sentence........... apprenticeship programs apprenticeships 1251.201(a).......................... program program or activity 1251.201(c), introductory text....... program program or activity 1251.201(c)(1)....................... program program or activity 1251.301(b), last sentence........... offer programs and activities to serve 1251.301(d)(3)....................... program accessibility accessibility under paragraph (a) of this section ----------------------------------------------------------------------------------------------------------------
PART 1252--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
14. The heading for part 1252 is revised to read as set forth above. 15. The authority citation for part 1252 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq. (45 CFR part 90).
16. Section 1252.102 is amended by revising the heading to read as follows:
Sec. 1252.102 To what programs or activities do these regulations apply?
* * * * * 17. Section 1252.103 is amended by adding paragraph (n) to read as follows:
Sec. 1252.103 Definitions.
* * * * * (n) Program or activity means all of the operations of any entity described in paragraphs (n)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (n)(1), (2), or (3) of this section. 18. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1252.100, last sentence.............. programs and activities programs or activities 1252.102(a).......................... or benefits from 1252.203............................. program program or activity 1252.300............................. programs and activities programs or activities 1252.403(a)(2), last sentence........ program 1252.405(b), first sentence.......... program activity program or activity 1252.405(c)(2), first sentence....... Federal 1252.409(b)(2)....................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
[[Page 76478]]
Dated: September 11, 2000. Daniel S. Goldin, Administrator, National Aeronautics and Space Administration.
DEPARTMENT OF COMMERCE
15 CFR Subtitle A
RIN 0690-AA30
Authority and Issuance
For the reasons set forth in the joint preamble, DOC proposes to amend 15 CFR subtitle A, parts 8, 8b, and 20 as set forth below:
PART 8--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF COMMERCE--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 8 continues to read as follows:
Authority: Sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d- 1).
2. Section 8.3 is amended by revising paragraph (g) to read as follows:
Sec. 8.3 Definitions.
* * * * * (g) Program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section. * * * * * 3. Section 8.5 is amended by revising paragraph (b)(10) to read as follows:
Sec. 8.5 Nondiscrimination clause.
* * * * * (b) * * * (10) In the case where any assurances are required from an academic, a medical care, detention or correctional, or any other institution or facility, insofar as the assurances relate to the institution's practices with respect to the admission, care, or other treatment of persons by the institution or with respect to the opportunity of persons to participate in the receiving or providing of services, treatment, or benefits, such assurances shall be applicable to the entire institution or facility. * * * * * 4. Section 8.6 is amended by revising the heading of paragraph (a) to read as follows:
Sec. 8.6 Applicability of this part to Department assisted programs.
* * * * * (a) Assistance to support economic development. * * * * * * * *
Appendix A to Part 8 [Amended]
5. The heading for appendix A to part 8 is amended by removing the word ``Programs'' and adding, in its place, the words ``Federal Financial Assistance''. 6. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 8.2(a), first sentence............... federally assisted programs types of Federal financial assistance 8.2(a), last sentence................ under any such program 8.2(b)(2)............................ under any such program 8.2(b), second sentence.............. a program a type of Federal financial assistance 8.2(b), second sentnece.............. such program a program 8.2(b), last sentence................ programs types of Federal financial assistance 8.3(i), first sentence............... for or in connection with any program 8.3(i), last sentence................ under any program 8.3(j)............................... for the purpose of carrying out a program 8.4(b)(1), introductory text......... under any program to which this part applies 8.4(b)(1)(vii)....................... where a program is applicable thereto 8.4(b)(2)............................ under any program 8.4(b)(2)............................ such program, or the class of persons to program, or the class of whom persons to whom 8.4(c)(1), third sentence............ program plan 8.5(a), first sentence............... to carry out a program 8.5(b)(3)............................ That in a program involving When 8.5(b)(3)............................ assistance, assistance is involved, 8.5(b)(5), third sentence............ program statute 8.6, introductory text, second program type of Federal financial sentence. assistance 8.6(b), second sentence.............. student training programs instances of student training 8.7(b), last sentence................ of any program under in 8.7(d)............................... program under which program for which 8.12(e), first sentence.............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 8.13(f).............................. under the program involved to which this regulation applies 8.13(f).............................. assistance will assistance to which this regulation applies will
[[Page 76479]]
8.13(f).............................. under such program 8.15(a), introductory text, first under such program sentence. ----------------------------------------------------------------------------------------------------------------
PART 8b--PROHIBITION OF DISCRIMINATION AGAINST THE HANDICAPPED IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF THE DEPARTMENT OF COMMERCE
7. The heading for part 8b is revised to read as set forth above. 8. The authority citation for part 8b is revised to read as follows:
Authority: 29 U.S.C. 794.
9. Section 8b.3 is amended by redesignating paragraphs (h) through (l) as paragraphs (i) through (m), respectively; and adding a new paragraph (h) to read as follows:
Sec. 8b.3 Definitions.
* * * * * (h) Program or activity means all of the operations of any entity described in paragraphs (h)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section. * * * * * 10. Section 8b.4 is amended by revising the heading of paragraph (c) to read as follows:
Sec. 8b.4 Discrimination prohibited.
* * * * * (c) Aid, benefits, or services limited by Federal law. * * * * * * * *
Subpart C of 8b [Amended]
11. The heading for subpart C of part 8b is amended by removing the word ``Program.'' 12. Section 8b.17 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 8b.17 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to qualified handicapped individuals. * * * * * * * * 12. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 8b.1, first sentence................. or benefiting from 8b.1, last sentence.................. programs and activities programs or activities 8b.1, last sentence.................. or benefiting from 8b.2, first sentence................. program program or activity 8b.2, first sentence................. or benefiting from 8b.2, last sentence.................. program program or activity 8b.4(a).............................. or benefits from 8b.4(b)(1)(v)........................ program program or activity 8b.4(b)(3)........................... programs or activities aid, benefits, or services 8b.4(b)(4)(ii)....................... program program or activity 8b.4(b)(5)(i)........................ or benefits from 8b.4(b)(6)........................... or benefiting from 8b.4(b)(7)(i)........................ under programs of Federal financial assistance 8b.4(c).............................. the benefits of a program aid, benefits, or services 8b.4(c).............................. from a program from aid, benefits, or services 8b.4(d).............................. programs and activities programs or activities 8b.5(a), first sentence.............. for a program or activity 8b.5(a), first sentence.............. the program the program or activity 8b.5(b)(3)........................... program program or activity 8b.5(d).............................. a program the objectives of Federal financial assistance 8b.5(d).............................. programs and activities programs or activities 8b.6(a)(3)(i)........................ program program or activity 8b.6(a)(3)(ii)....................... program program or activity 8b.8(a), second sentence............. programs and activities programs or activities 8b.10(a)............................. programs programs or activities 8b.11(a)(1).......................... or benefits from 8b.11(a)(3), last sentence........... apprenticeship programs apprenticeships 8b.12(a)............................. program program or activity
[[Page 76480]]
8b.12(b)(1).......................... program program or activity 8b.12(c), introductory text.......... program program or activity 8b.12(c)(1).......................... program program or activity 8b.12(e)............................. program program or activity 8b.17(a), third sentence............. program aid, benefit, or service 8b.17(a), last sentence.............. Program accessibility Accessibility 8b.17(a), last sentence.............. program aid, benefit, or service 8b.17(b), last sentence.............. offer programs and activities to serve 8b.17(e)(3).......................... program accessibility accessibility under Sec. 8b.17(a) 8b.19................................ programs and activities programs or activities 8b.19................................ or benefit from 8b.21(a)............................. program or activity aid, benefits, or services 8b.21(d)............................. programs and activities program or activity 8b.22(a), second sentence............ program of 8b.22(c)............................. in its program 8b.22(d)(1), first sentence.......... under the education program or activity operated by the recipient 8b.25(a)(1), first sentence.......... programs and activities aid, benefits, or services ----------------------------------------------------------------------------------------------------------------
PART 20--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
15. The authority citation for part 20 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. sec. 6101 et seq. and the government-wide regulations implementing the Act, 45 CFR Part 90.
16. The heading of Sec. 20.2 is revised to read as follows:
Sec. 20.2 Programs or activities to which these regulations apply.
* * * * * 17. Section 20.3 is amended by redesignating paragraphs (j) through (n) as paragraphs (k) through (o), respectively; and adding a new paragraph (j) to read as follows:
Sec. 20.3 Definitions.
* * * * * (j) Program or activity means all of the operations of any entity described in paragraphs (j)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (j)(1),(2), or (3) of this section. * * * * * 18. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 20.1, last sentence.................. programs and activities programs or activities 20.2(a).............................. or benefits from 20.4(d).............................. program program or activity 20.7, introductory text.............. programs and activities programs or activities 20.7(a), first sentence program program or activity 20.13(a)(2),last sentence program 20.15(a)(1), last sentence program program or activity 20.15(b) program and activity program or activity 20.15(c)(2), first sentence Federal 20.18(b)(2) program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
[[Page 76481]]
Dated: August 11, 2000. Lawrence N. Self, Acting Director, Office of Civil Rights, Department of Commerce.
TENNESSEE VALLEY AUTHORITY
18 CFR Chapter XIII
RIN 3316-AA20
Authority and Issuance
For the reasons set forth in the joint preamble, TVA proposes to amend 18 CFR chapter XIII, parts 1302, 1307, and 1309 as set forth below:
PART 1302--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF TVA--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 1302 continues to read as follows:
Authority: TVA Act, 48 Stat. 58 (1933), as amended, 16 U.S.C. 831-831dd, and sec. 602 of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-1.
2. Section 1302.3 is amended by adding a new paragraph (e) to read as follows:
Sec. 1302.3 Definitions.
* * * * * (e) Program or activity and program refer to all of the operations of any entity described in paragraphs (e)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (e)(1), (2), or (3) of this section. 3. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1302.2, introductory text, first program in which program for which sentence. 1302.2, introductory text, second programs types of Federal financial sentence. assistance 1302.2(b)............................ under any such program 1302.2(c)............................ under any such program 1302.2, concluding text, first a program a type of Federal financial sentence. assistance 1302.2, concluding text, first such program a program sentence. 1302.2, concluding text, last programs types of Federal financial sentence. assistance 1302.4(b)(1), introductory text...... under any program or activity 1302.5(a), last sentence............. in the program 1302.5(b), first sentence............ through a program of with 1302.5(b), second sentence........... under a program of with 1302.5(b), third sentence............ program statute 1302.6(b), last sentence............. of any program under in 1302.6(d)............................ program under which program for which 1302.7(b)(3)(ii)..................... program programs 1302.7(c)(3)(ii)(B).................. program programs 1302.9(e), first sentence............ programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 1302.10(f)........................... under the program involved to which this regulation applies 1302.10(f)........................... assistance will assistance to which this regulation applies will 1302.10(f)........................... under such program 1302.12(a), introductory text, first under such program sentence. ----------------------------------------------------------------------------------------------------------------
PART 1307--NONDISCRIMINATION WITH RESPECT TO HANDICAP
4. The authority citation for part 1307 continues to read as follows:
Authority: TVA Act, 48 Stat. 58 (1933) as amended, 16 U.S.C. 831-831dd (1976) and sec. 504 of the Rehabilitation Act of 1973, Pub. L. 93-112, as amended, 29 U.S.C. 794 (1976; Supp. II 1978).
5. Section 1307.1 is amended by adding paragraph (k) to read as follows:
Sec. 1307.1 Definitions.
* * * * * (k) Program or activity means all of the operations of any entity described in paragraphs (k)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private
[[Page 76482]]
organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section. 6. The heading of Sec. 1307.4 is revised to read as follows:
Sec. 1307.4 Discrimination prohibited.
* * * * * 7. Section 1307.6 is amended by revising the section heading and the first sentence of paragraph (b)(1) to read as follows:
Sec. 1307.6 Accessibility.
* * * * * (b) * * * (1) Each program or activity subject to this part shall be operated so that when each part is viewed in its entirety it is readily accessible to and usable by qualified handicapped persons. * * * * * * * * 8. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1307.3, first sentence............... program in which program or activity for which 1307.3, first sentence............... under any program 1307.3, first sentence............... under any such program 1307.4(b)(1), introductory text...... under any program 1307.4(b)(1)(i)...................... program program or activity 1307.4(b)(1)(ii)..................... program program or activity 1307.4(b)(1)(iii).................... program program or activity 1307.4(b)(1)(iv)..................... program program or activity 1307.4(b)(1)(v)...................... program program or activity 1307.4(b)(1)(vi)..................... program program or activity 1307.4(b)(1)(vii).................... program program or activity 1307.4(b)(2)......................... program program or activity 1307.4(b)(2)......................... activities aid, benefits, or services 1307.4(b)(3)(ii)..................... program program or activity 1307.4(b)(4)......................... program, program or activity, 1307.4(b)(4)(i)...................... program program or activity 1307.4(c)............................ the benefits of a program aid, benefits, or services 1307.4(c)............................ from a program from aid, benefits, or services 1307.4(d), first sentence............ programs and activities programs or activities 1307.4(d), last sentence............. programs aid, benefits, or services 1307.5(c)(8)......................... social those that are social 1307.5(c)(8)......................... programs 1307.5(d)............................ apprenticeship programs apprenticeships 1307.5(e)(2)(i)...................... programs programs or activities 1307.6(a)............................ program program or activity 1307.6(b)(1), third sentence......... program 1307.6(b)(1), last sentence.......... programs or activities aid, benefits, or services 1307.6(b)(2), introductory text, make covered programs or activities in comply with paragraph (b)(1) second sentence. existing facilities recipient accessible of this section 1307.6(c), second sentence........... program 1307.6(c), fourth sentence........... program 1307.6(d)(1)......................... program program or activity 1307.7(a), last sentence............. in the program 1307.7(b), first sentence............ through a program of with 1307.7(b), second sentence........... under a program of with 1307.7(b), third sentence............ program statute 1307.8(b), last sentence............. of any program under in 1307.8(d)............................ program under which program or activity for which 1307.10(c), last sentence............ program program or activity 1307.11(e) first sentence............ programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 1307.12(f)........................... under the program involved to which this regulation applies 1307.12(f)........................... assistance will assistance to which this regulation applies will 1307.12(f)........................... under such program 1307.13(a)(2)........................ program program or activity 1307.13(b), first sentence........... programs programs or activities ----------------------------------------------------------------------------------------------------------------
PART 1309--NONDISCRIMINATION WITH RESPECT TO AGE
9. The authority citation for part 1309 continues to read as follows:
Authority: TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16 U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act of 1975, 89 Stat. 729 (1975), as amended, 42 U.S.C. 6103 (1976).
10. Section 1309.1 is amended by adding paragraph (m) to read as follows:
Sec. 1309.1 What are the defined terms in this part and what do they mean?
* * * * *
[[Page 76483]]
(m) Program or activity means all of the operations of any entity described in paragraphs (m)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section. 11. The heading for Sec. 1309.4 is revised to read as follows:
Sec. 1309.4 What programs or activities are covered by the Act and this part?
* * * * * 12. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1309.2, last sentence................ programs and activities programs or activities 1309.9(a), last sentence............. in the program 1309.9(b), second sentence........... under a program of with 1309.9(b), third sentence............ program statute 1309.10(a), first sentence........... programs and activities programs or activities 1309.12(a), last sentence............ of any program under in 1309.12(c)........................... program under which program or activity for which 1309.14(a), third sentence........... program 1309.14(d)(2), last sentence......... program 1309.15(b), first sentence........... program program 139.15(c)(2), first sentence......... the TVA program the program 1309.16, last sentence............... program or activity Federal financial assistance 1309.17(e), first sentence........... programs Federal statutes, authorities, of other means by which Federal financial assistance is extended and 1309.17(f)(3)........................ under the program involved to which this regulation applies 1309.17(f)(3)........................ assistance will assistance to which this regulations applies will 1309.17(f)(3)........................ under such program 1309.18(c)........................... program program or activity ----------------------------------------------------------------------------------------------------------------
Dated: August 30, 2000. Franklin E. Alford, Manager, Supplier and Diverse Business Relations, Tennessee Valley Authority.
DEPARTMENT OF STATE
22 CFR Chapter I
RIN 1400-AB17
Authority and Issuance
For the reasons set forth in the joint preamble, the Department of State proposes to amend 22 CFR chapter I, parts 141 through 143 as set forth below:
PART 141--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF STATE--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 141 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252, sec. 4, 63 Stat. 111, as amended; 42 U.S.C. 2000d-1, 22 U.S.C. 2658.
2. Section 141.3 is amended by revising the heading of paragraph (c) to read as follows:
Sec. 141.3 Discrimination prohibited.
* * * * * (c) Special benefits. * * * * * * * * 3. Section 141.4 is amended by revising paragraph (b)(2) to read as follows:
Sec. 141.4 Assurances required.
* * * * * (b) * * * (2) The assurance required with respect to an institution of higher education, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. * * * * * 4. Section 141.12 is amended by revising paragraph (f) to read as follows:
Sec. 141.12 Definitions.
* * * * * (f) The terms program or activity and program mean all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;
[[Page 76484]]
(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section. * * * * *
Appendix A to Part 141 [Amended]
5. The heading for appendix A to part 141 is amended by removing the words ``Grants and Activities'' and adding, in their place, the words ``Federal Financial Assistance''. 6. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 141.2, first sentence................ federally-assisted programs and types of Federal financial activities. assistance 141.2, second sentence............... under any such program 141.2(b)............................. under any such program 141.2(c)............................. under any such program 141.2, penultimate................... program or activity type of Federal financial assistance 141.2, penultimate................... such program a program sentence 141.3(b)(1), introductory text....... under any program 141.3(c)............................. the benefits of a program benefits 141.4(a)(1), first sentence.......... to carry out a program 141.4(a)(2), third sentence.......... a program of 141.4(a)(3), first sentence.......... for each program, 141.4(a)(3), first sentence.......... in the program 141.4(b)(1).......................... a student loan program student loans 141.5(b), last sentence.............. of any program under in 141.5(d)............................. program under which program for which 141.8(e), first sentence............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 141.9(f)............................. under the program involved to which this regulation applies 141.9(f)............................. assistance will assistance to which this regulation applies will 141.9(f)............................. under such program 141.12(c)............................ the program extending 141.12(g)............................ for any program, 141.12(g)............................ under any such program 141.12(h)............................ for the purpose of carrying out a program ----------------------------------------------------------------------------------------------------------------
PART 142--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 142 is revised to read as set forth above. 8. The authority citation for part 142 continues to read as follows:
Authority: 29 U.S.C. 794.
9. Section 142.3 is amended by adding paragraph (m) to read as follows:
Sec. 142.3 Definitions.
* * * * * (m) Program or activity means all of the operations of any entity described in paragraphs (m)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section. 10. Section 142.4 is amended by revising the heading of paragraph (c) to read as follows:
Sec. 142.4 Discrimination prohibited.
* * * * * (c) Aid, benefits, or services limited by Federal law. * * * * * * * * 11. The heading for subpart C is revised to read as follows:
[[Page 76485]]
Subpart C--Accessibility
12. Section 142.16 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 142.16 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * *
Appendix to Part 142 [Amended]
13. The heading for appendix A to part 142 is amended by removing the words ``Grants and Activities'' and adding, in their place, the words ``Federal Financial Assistance''. 14. The introductory text for appendix A to part 142 is amended by removing the words ``Programs of'' and adding, in their place, the words ``Types of Federal''. 15. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 142.2, introductory text, first all programs all programs or activities sentence. 142.2, introductory text, first federally-assisted programs and activities types of Federal financial sentence. assistance 142.2, introductory text, second under any such program sentence. 142.2(b)............................. under any such program 142.2(c)............................. under any such program 142.2(d), last sentence.............. program Federal financial assistance 142.4(a)............................. or benefits from 142.4(b)(1)(v)....................... recipients program recipient's program or activity 142.4(b)(3).......................... programs or activities aid, benefits, or services 142.4(b)(4)(ii)...................... program program or activity 142.4(b)(5)(i)....................... or benefits from 142.4(b)(6).......................... or benefiting from 142.4(c)............................. the benefits of a program aid, benefits, or services 142.4(d)............................. programs and activities programs or activities 142.4(e)............................. programs and activities programs or activities 142.5(a), first sentence............. for a program or activity 142.5(a), first sentence............. program will program or activity will 142.6(a)(3)(i)....................... program program or activity 142.6(a)(3)(ii)...................... program program or activity 142.8(a), second sentence............ programs and activities programs or activities 142.11(a)(3), last sentence.......... apprenticeship programs apprenticeships 142.11(b)(8)......................... social those that are social 142.11(b)(8)......................... programs 142.12(a)............................ program program or activity 142.12(c), introductory text......... program program or activity 142.12(c)(1)......................... program program or activity 142.16(b), last sentence............. offer programs and activities to serve 142.16(d)(3)......................... program accessibility accessibility under paragraph (a) of this section 142.41............................... programs and activities programs or activities 142.41............................... or benefit from 142.43(a)............................ program or activity aid, benefits, or services 142.43(b)............................ programs activities programs or activities 142.43(d)............................ programs and activities programs or activities 142.44(a), second sentence........... program of 142.44(c)............................ in its program 142.44(d)(1)......................... under the education program or activity operated by the recipient 142.47(a)(1), first sentence......... programs and activities aid, benefits, or services 142.61............................... programs and activities programs or activities 142.61............................... or benefit from ----------------------------------------------------------------------------------------------------------------
PART 143--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
16. The authority citation for part 143 is revised to read as follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); 22 U.S.C. 2658; 45 CFR part 90.
17. The heading of Sec. 143.2 is revised to read as follows:
Sec. 143.2 To what programs or activities do these regulations apply?
* * * * * 18. Section 143.3 is amended by redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(3) and (b)(4) and adding a new paragraph (b)(2) to read as follows:
Sec. 143.3 Definitions.
* * * * * (b) * * * (2) Program or activity means all of the operations of any entity described in paragraphs (b)(2)(i) and (iv) of this section, any part of which is extended Federal financial assistance: (i)(A) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (ii)(A) A college, university, or other postsecondary institution, or a public system of higher education; or (B) A local educational agency (as defined in section 8801 of title 20),
[[Page 76486]]
system of vocational education, or other school system; (iii)(A) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (1) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (2) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (B) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (iv) Any other entity which is established by two or more of the entities described in paragraph (b)(2)(i), (ii), or (iii) of this section. * * * * *
Appendix A to Part 143 [Amended]
19. The heading for appendix A to part 143 is amended by removing the word ``Programs'' and adding, in its place, the words ``Federal Financial Assistance''. 20. The undesignated center heading in appendix A to part 143 is amended by removing the words ``Programs of'' and adding, in their place, the words ``Types of Federal''.
Appendix B to Part 143 [Amended]
21. The heading for appendix B to part 143 is amended by removing the word ``Programs'' and adding, in its place, the words ``Federal Financial Assistance''. 22. The undesignated center heading in appendix B to part 143 is amended by removing the words ``Programs of'' and adding, in their place, the words ``Types of Federal''.
Appendix C to Part 143 [Amended]
23. The heading for appendix C to part 143 is amended by removing the word ``Programs'' and adding, in its place, the words ``Federal Financial Assistance''. 24. The undesignated center heading in appendix C to part 143 is amended by removing the words ``Program of'' and adding, in their place, the words ``Types of Federal''. 25. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 143.1, last sentence................. programs and activities programs or last activities 143.2................................ or benefits from 143.21............................... programs and activities programs or activities 143.34(a)(2), last sentence.......... program 143.36(c)(2), first sentence......... Federal 143.39(b)(2)......................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
Dated: August 24, 2000. Bonnie Cohen, Under Secretary of State for Management.
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Chapter II
RIN 0412-AA45
Authority and Issuance
For the reasons set forth in the joint preamble, AID proposes to amend 22 CFR chapter II, parts 209, 217, and 218, as set forth below:
PART 209--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 209 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252, and sec. 621, Foreign Assistance Act of 1961, 75 Stat. 445; 22 U.S.C. 2402.
2. Section 209.3 is amended by revising paragraph (g) to read as follows:
Sec. 209.3 Definitions.
* * * * * (g) The terms program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section. * * * * * 3. Section 209.5 is amended by revising paragraph (b)(2) to read as follows:
Sec. 209.5 Assurance required.
* * * * * (b) * * * (2) The assurance required with respect to an institution of higher education or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. 4. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
[[Page 76487]]
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 209.2, first sentence............... federally assisted programs and activities types of Federal financial assistance 209.2, second sentence............... under any such program 209.2(b)............................. under any such program 209.2(c)............................. under any such program 209.2, last sentence................. program Federal financial assistance 209.3(f)............................. for the purpose of carrying out a program 209.3(h)............................. for any program, 209.3(h)............................. under any such program 209.4(b)(1), introductory text....... under any program 209.5(a)(1), first sentence.......... to carry out a program 209.5(a)(1), first sentence.......... except a program except an application 209.5(a)(1), fifth sentence.......... for each program 209.5(a)(1), fifth sentence.......... in the program 209.5(a)(2), first sentence.......... through a program of with 209.5(a)(2), second sentence......... under a program of with 209.5(a)(2), third sentence.......... program statute 209.5(b)(1).......................... for a student assistance program for student assistance 209.6(b), last sentence.............. of any program under in 209.6(d)............................. under for 209.9(e), first sentence............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 209.10(e)............................ under the program involved to which this regulation applies 209.10(e)............................ assistance will assistance to which this regulation applies will 209.10(e)............................ under such program 209.12(a),first sentence............. under such program 209.13............................... programs Federal financial assistance ----------------------------------------------------------------------------------------------------------------
PART 217--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
5. The heading for part 217 is revised to read as set forth above. 6. The authority citation for part 217 continues to read as follows:
Authority: 29 U.S.C. 794, unless otherwise noted.
7. Section 217.3 is amended by adding a new paragraph (l) to read as follows:
Sec. 217.3 Definitions.
* * * * * (l) Program or activity means all of the operations of any entity described in paragraphs (l)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (l)(1), (2), or (3) of this section. 8. Section 217.4 is amended by revising the heading of paragraph (c) to read as follows:
Sec. 217.4 Discrimination prohibited.
* * * * * (c) Aid, benefits, or services limited by Federal law. * * *
Subpart C of Part 217 [Amended]
9. The heading for subpart C is amended by removing the word ``Program''. 10. Section 217.22 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 217.22 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to handicapped persons. * * * * * * * * 11. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 217.2, first sentence................ programs carried programs or activities carried 217.2, first sentence................ federally assisted programs and activities types of Federal financial assistance 217.2, second sentence............... under any such program 217.2(b)............................. under any such program 217.2(c)............................. under any such program 217.2, last sentence................. program Federal financial assistance
[[Page 76488]]
217.4(a)............................. or benefits from 217.4(b)(1)(v)....................... program program or activity 217.4(b)(3).......................... programs or activities aid, benefits, or service 217.4(b)(4)(ii)...................... program program or activity 217.4(b)(5)(i)....................... or benefits from 217.4(b)(6).......................... or benefiting from 217.4(c)............................. the benefits of a program aid, benefits, or services 217.4(c)............................. from a program from aid, benefits, or services 217.5(a), first sentence............. for a program or activity 217.5(a), first sentence............. the program the program or activity 217.6(a)(3)(i)....................... program program or activity 217.6(a)(3)(ii)...................... program program or activity 217.6(a)(3)(iii)..................... program program or activity 217.8(a), second sentence............ programs and activities programs or activities 217.11(a)(3), last sentence.......... apprenticeship programs apprenticeships 217.11(b)(8)......................... social those that are social or recreational 217.11(b)(8)......................... programs 217.12(a)............................ program program or activity 217.12(c), introductory text......... program program or activity 217.12(c)(1)......................... program program or activity 217.14(b)............................ programs program 217.22(b), last sentence............. offer programs and activities to serve 217.22(d)(3)......................... program accessibility accessibility under Sec. 217.22(a) 217.41............................... programs and activities programs or activities 217.41............................... or benefit from 217.43(a)............................ program or activity aid, benefits, or services 217.43(d)............................ programs and activities program or activity 217.44(a), second sentence........... program of 217.44(c)............................ in its program 217.44(d)(1)......................... under the education program or activity operated by the recipient 217.47(a)(1), first sentence......... programs and activities aid, benefits, or services ----------------------------------------------------------------------------------------------------------------
PART 218--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
12. The authority citation for part 218 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; 45 CFR part 90; 22 U.S.C. 2658, unless otherwise noted.
13. The heading for Sec. 218.02 is revised to read as follows:
Sec. 218.02 To what programs or activities do these regulations apply?
* * * * * 14. Section 218.03 is amended by adding paragraph (b)(4) to read as follows:
Sec. 218.03 Definitions.
* * * * * (b) * * * (4) Program or activity means all of the operations of any entity described in paragraphs (b)(4)(i) through (iv) of this section, any part of which is extended Federal financial assistance: (i)(A) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (ii)(A) A college, university, or other postsecondary institution, or a public system of higher education; or (B) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (iii)(A) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (1) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (2) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (B) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (iv) Any other entity which is established by two or more of the entities described in paragraph (b)(4)(i), (ii), or (iii) of this section.
Appendices A, B, and C to Part 218 [Amended]
15. The headings for appendices A, B, and C to part 218 are amended by removing the words ``Affected Programs'' and adding, in their place, the words ``Types of Federal Financial Assistance''. 16. The undesignated center headings immediately following the headings for appendices A and B to part 218 are amended by removing the words ``Programs of'' and adding, in their place, the word ``Federal''. 17. The undesignated center heading immediately following the heading for Appendix C to part 218 is amended by removing the words ``Program of'' and adding, in their place, the word ``Federal''. 18. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
[[Page 76489]]
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 218.01, last sentence................ programs and activities programs or activities 218.02............................... or benefits from 218.21............................... programs and activities program or activities 218.34(a)(2), last sentence.......... program 218.36(c)(2)......................... Federal 218.39(b)(2)......................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
Dated: August 23, 2000. Jessalyn L. Pendarvis, Director, Office of Equal Opportunity Programs, Agency for International Development.
DEPARTMENT OF JUSTICE
28 CFR Chapter I [A.G. Order No. 2334-2000]
RIN 1190-AA49
Authority and Issuance
For the reasons set forth in the joint preamble, DOJ proposes to amend 28 CFR chapter I, part 42 as set forth below:
PART 42--NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES
Subpart C--Nondiscrimination in Federally Assisted Programs-- Implementation of Title VI of the Civil Rights Act of 1964 \1\
\1\See also 28 CFR 5. Guidelines for enforcement of Title VI, Civil Rights Act.
1. The authority citation for subpart C is revised to read as follows:
Authority: 42 U.S.C. 2000d--2000d-7; E.O. 12250, 45 FR 72995, 3 CFR, 1980 Comp., p. 298.
2. Section 42.102 is amended by revising paragraph (d) to read as follows:
Sec. 42.102 Definitions.
* * * * * (d) The terms program or activity and program mean all of the operations of any entity described in paragraphs (d)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (d)(1), (2), or (3) of this section. * * * * * 3. Section 42.104 is amended by revising paragraph (b)(4) to read as follows:
Sec. 42.104 Discrimination prohibited.
* * * * * (b) * * * (4) For the purposes of this section the disposition, services, financial aid, or benefits provided under a program receiving Federal financial assistance shall be deemed to include all portions of the recipient's program or activity, including facilities, equipment, or property provided with the aid of Federal financial assistance. * * * * * 4. Section 42.105 is amended by revising paragraph (b), paragraph (c)(2), and the heading of paragraph (d) to read as follows:
Sec. 42.105 Assurance required.
* * * * * (b) Assurances from government agencies. In the case of any application from any department, agency, or office of any State or local government for Federal financial assistance for any specified purpose, the assurance required by this section shall extend to any other department, agency, or office of the same governmental unit if the policies of such other department, agency, or office will substantially affect the project for which Federal financial assistance is requested. (c) * * * (2) The assurance required with respect to an academic institution, detention or correctional facility, or any other institution or facility, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, wards, inmates, persons subject to control, or clients of the institution or facility or to the opportunity to participate in the provision of services, disposition, treatment, or benefits to such individuals, shall be applicable to the entire institution or facility. (d) Continuing Federal financial assistance. * * * * * * * * 5. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 42.102(f)............................ for any program, 42.102(f)............................ under any such program 42.102(g)............................ for the purpose of carrying out a program 42.103, introductory text, second under any such program sentence. 42.104(b)(1), introductory text...... under any program 42.105(a)(1), first sentence......... to carry out a program 42.105(a)(1), fourth sentence........ for each program
[[Page 76490]]
42.105(a)(1), fourth sentence........ in the program 42.105(a)(2), first sentence......... through a program of with 42.105(a)(2), second sentence........ under a program of with 42.105(a)(2), last sentence.......... program statute 42.105(d), introductory text......... administering a program which receives applying for 42.106(b), last sentence............. of any program under in 42.106(d)............................ program under which program for which 42.109(e), first sentence............ programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 42.110(f)............................ under the program involved to which this regulation applies 42.110(f)............................ assistance will assistance to which this regulation applies will 42.110(f)............................ under such program ----------------------------------------------------------------------------------------------------------------
6. The heading for subpart G is revised to read as follows:
Subpart G--Nondiscrimination Based on Handicap in Federally Assisted Programs or Activities--Implementa- tion of Section 504 of the Rehabilitation Act of 1973
7. The authority citation for subpart G continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 29 U.S.C. 706, 794; E.O. 12250.
Sec. 42.520 [Amended]
8. The undesignated center heading immediately preceding Sec. 42.520 is amended by removing the word ``Program.'' 9. Section 42.521 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 42.521 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which this subpart applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * 10. Section 42.540 is amended by revising paragraph (h) to read as follows:
Sec. 42.540 Definitions.
* * * * * (h) Program or activity means all of the operations of any entity described in paragraphs (h) (1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section. * * * * *
Appendix A to Subpart 6 of Part 42 [Amended]
11. The Note in appendix A to subpart G is amended by removing the word ``program'' and adding, in its place, the words ``program or activity.'' 12. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 42.501............................... program program or activity 42.502, first sentence............... program program or activity 42.502, first sentence............... or benefiting from 42.502, last sentence................ program program or activity 42.503(a)............................ program program or activity 42.503(a)............................ or benefiting from 42.503(b)(1), introductory text...... program program or activity 42.503(b)(1)(i)...................... program program or activity 42.503(b)(1)(ii)..................... program program or activity 42.503(b)(1)(iv)..................... program program or activity 42.503(b)(1)(vi)..................... program program or activity 42.503(b)(2)......................... program program or activity 42.503(b)(2)......................... program aid, benefits, or services 42.503(b)(3)......................... program program or activity 42.503(b)(4)......................... program program or activity 42.503(b)(5)......................... a program aid, benefits, or services 42.503(b)(5)......................... any program any program or activity 42.503(b)(6)......................... program entity 42.503(c)............................ programs aid, benefits, or services
[[Page 76491]]
42.503(d)............................ programs programs or activities 42.503(f), first sentence............ program program or activity 42.504(a), first sentence............ program program or activity 42.504(a), second sentence........... for each of its assistance programs 42.504(a), second sentence........... program program or activity 42.504(b)............................ program program or activity 42.505(a), last sentence............. program program or activity 42.505(b)............................ program program or activity 42.505(f)(1), second sentence........ programs programs or activities 42.510(a)(1)......................... program program or activity 42.510(a)(1)......................... or benefiting from 42.510(a)(2)......................... program program or activity 42.510(a)(3), last sentence.......... apprenticeship programs apprenticeships 42.510(b)(7)......................... social those that are social 42.510(b)(7)......................... programs 42.511(a)............................ program program or activity 42.511(c), introductory text......... program program or activity 42.511(c)(1)......................... program program or activity 42.520............................... program program or activity 42.521(b), first sentence............ in making its program accessible to its in making its program or program accessible activity accessible 42.521(b), last sentence............. offer programs to serve 42.521(b), last sentence............. to obtain the full benefits of the program 42.521(d)(1)......................... program program or activity 42.521(d)(3)......................... program accessibility accessibility underSec. 42.521(a) 42.530(a), first sentence............ programs programs or activities 42.530(b)............................ programs programs or activities 42.530(c)............................ programs programs or activities 42.540(i), first sentence............ programs programs or activities ----------------------------------------------------------------------------------------------------------------
13. The heading for subpart I is revised to read as follows:
Subpart I--Nondiscrimination on the Basis of Age in Federally Assisted Programs or Activities; Implementation of the Age Discrimination Act of 1975
14. The authority citation for subpart I continues to read as follows:
Authority: 42 U.S.C. 6103(a)(4); 45 CFR part 90.
15. Section 42.702 is amended by revising the definition of ``Program or activity'' to read as follows:
Sec. 42.702 Definitions.
* * * * * Program or activity means all of the operations of any entity described in paragraphs (1) through (4) of this definition, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition. * * * * * 16. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 42.701(b)............................ programs programs or activities 42.710(b), last sentence............. program program or activity 42.712(a)(2)......................... program program or activity 42.712(b)(2)......................... program program or activity 42.712(c)............................ program program or activity 42.713(b), last sentence............. program program or activity 42.714............................... program program or activity 42.720, first sentence............... program program or activity 42.724(b)............................ program program or activity 42.725............................... programs and activities programs or activities 42.733(b)(1)(i)(A)................... program program or activity 42.733(b)(2), last sentence.......... programs programs or activities
[[Page 76492]]
42.733(b)(3), last sentence.......... program program or activity ----------------------------------------------------------------------------------------------------------------
Dated: October 31, 2000. Janet Reno, Attorney General.
DEPARTMENT OF LABOR
29 CFR Subtitle A
RIN 1291-AA31
Authority and Issuance
For the reasons set forth in the joint preamble, DOL proposes to amend 29 CFR subtitle A, parts 31 and 32 as set forth below:
PART 31--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF LABOR--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 31 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 501, 29 U.S.C. 49k, 5 U.S.C. 301.
2. Section 31.2 is amended by revising paragraph (g) to read as follows:
Sec. 31.2 Definitions.
* * * * * (g) The terms program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section. * * * * * 3. Section 31.3 is amended by revising the heading of paragraph (d)(1) to read as follows:
Sec. 31.3 General standards.
* * * * * (d) * * * (1) Employment service. * * * * * * * * 4. Section 31.6 is amended by revising the heading of paragraph (b) to read as follows:
Sec. 31.6 Assurances required.
* * * * * (b) Continuing Federal financial assistance. * * * 5. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 31.2(f).............................. for the purpose of carrying out a program 31.2(h).............................. for any program, 31.2(h).............................. under any such program 31.3(b)(1), introductory text........ under any program 31.3(d), introductory text, first programs and activities types of Federal financial sentence. assistance 31.3(d), introductory text third particular program particular type of Federal sentence. financial assistance 31.3(d), introductory text, last listed program listed type of Federal sentence. financial assistance 31.3(d), introductory text, last that program that assistance sentence. 31.3(d), introductory text, last other programs or activities programs or activities sentence. receiving other types of Federal financial assistance 31.5(b), last sentence............... of any program under in 31.5(d).............................. under for 31.6(a)(1), first sentence........... to carry out a program 31.6(a)(1), first sentence........... to carry out such program 31.6(a)(1), first sentence........... except a program except an application 31.6(a)(1), second sentence.......... Every program Every award 31.6(a)(1), sixth sentence........... for each program 31.6(a)(1), sixth sentence........... in this program 31.6(a)(2), second sentence.......... under a program of with 31.6(a)(2), third sentence........... program under statute under 31.6(b), introductory text........... to carry out a program involving for 31.9(e), first sentence.............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 31.10(e)............................. under the program involved to which this regulation applies 31.10(e)............................. assistance will assistance to which this regulation applies will 31.10(e)............................. under such program 31.12(a), first sentence............. under such program ----------------------------------------------------------------------------------------------------------------
[[Page 76493]]
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
6. The heading for part 32 is revised to read as set forth above. 7. The authority citation for part 32 continues to read as follows:
Authority: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation Act Amendments of 1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C. 706); secs. 119 and 122 of the Rehabilitation Comprehensive Services and Developmental Disabilities Amendments of 1978, Pub. L. 95-602, 92 Stat. 2955; Executive Order 11914, 41 FR 17871.
8. Section 32.2 is amended by revising paragraph (a) to read as follows:
Sec. 32.2 Application.
(a) This part applies to each recipient of Federal financial assistance from the Department of Labor, and to every program or activity that receives such assistance. * * * * * 9. Section 32.3 is amended by adding, in alphabetical order, a definition of Program or activity to read as follows:
Sec. 32.3 Definitions.
* * * * * Program or activity means all of the operations of any entity described in paragraphs (1) through (4) of this definition, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition. * * * * * 10. Section 32.4 is amended by revising the heading of paragraph (c) to read as follows:
Sec. 32.4 Discrimination prohibited.
* * * * * (c) Aid, benefits, services, or training limited by Federal law. * * * * * * * * 11. Section 32.5 is amended by revising paragraph (d) to read as follows:
Sec. 32.5 Assurances required.
* * * * * (d) Interagency agreements. Where funds are granted by the Department to another Federal agency, and where the grant obligates the recipient agency to comply with the rules and regulations of the Department applicable to that grant the provisions of this part shall apply to programs or activities operated with such funds. 12. The heading for subpart B is revised to read as follows:
Subpart B--Employment Practices and Employment Related Training Participation
13. The heading for subpart C is revised to read as follows:
Subpart C--Accessibility
14. Section 32.27 is amended by revising the section heading and the first sentence of paragraph (a) to read as follows:
Sec. 32.27 Accessibility.
(a) Purpose. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to qualified handicapped individuals. * * * * * * * * 15. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 32.1................................. or benefiting from 32.1, last sentence.................. programs and activities programs or activities 32.3, definition of Facility......... program program or activity 32.3, definition of Qualified program program or activity handicapped individual, paragraph (b). 32.3, definition of Qualified programs handicapped individual, paragraph (c). 32.3, definition of Qualified in the program in the program or activity handicapped individual, paragraph (c). 32.3, definition of Reasonable training program training accommodation, introductory text, first sentence. 32.3, definition of Reasonable an employment employment accommodation, introductory text, first sentence. 32.3, definition of Reasonable recipient's program recipient's program or accommodation, introductory text, activity first sentence. 32.3, definition of Reasonable where the program where the program or activity accommodation paragraph (a). 32.4(a).............................. or benefits from 32.4(b)(1)(v)........................ program program or activity 32.4(b)(2)........................... services and training services or training 32.4(b)(3)........................... programs or activities aid, benefits, services, or training 32.4(b)(4)(ii)....................... program program or activity
[[Page 76494]]
32.4(b)(5)(i)........................ or benefits from 32.4(b)(6)........................... or benefiting from 32.4(b)(7)(i), first sentence........ under programs of receiving 32.4(b)(7)(i), second sentence....... programs of employment employment 32.4(c).............................. the benefits of a program aid, benefits, program services, or training 32.4(c).............................. individuals from a program individuals from aid, benefits, services, or training 32.4(d).............................. programs and activities programs or activities 32.5(a), first sentence.............. for a program or activity 32.5(a), first sentence.............. program will program or activity will 32.5(b)(3)........................... program program or activity 32.6(a)(3)(i)........................ program program or activity 32.6(a)(3)(ii)....................... program program or activity 32.8(a), second sentence............. programs and activities programs or activities 32.10(a)............................. programs programs or activities 32.12(a)(1), last sentence........... programs under programs or activities 32.12(a)(3), last sentence........... apprenticeship programs apprenticeships 32.12(b)(8).......................... social those that are social 32.12(b)(8).......................... programs 32.13(a)............................. program program or activity 32.13(b), introductory text.......... program program or activity 32.13(b)(1).......................... program program or activity 32.13(b)(2).......................... training program training 32.13(d)............................. program program or activity 32.15(c)(1), second sentence......... training programs training 32.17(a), last sentence.............. programs of programs or activities receiving 32.27(a), third sentence............. particular program particular aid, benefit, service, or training 32.27(a), third sentence............. program must aid, benefit, service, or training must 32.27(a), fourth sentence............ program accessibility Accessibility 32.27(a), fourth sentence............ program accessible program or activity accessible 32.27(b)(1).......................... including including those involving 32.27(b)(1).......................... when when each part is 32.27(b)(2), second sentence......... programs 32.27(c), last sentence.............. offer programs and activities to serve 32.27(e)(3).......................... program accessibility accessibility under Sec. 32.27(a) 32.44(b), second sentence............ programs programs or activities 32.44(b), last sentence.............. of any program under in 32.46(c)(2), last sentence........... program program or activity 32.47(c)............................. programs programs or activities ----------------------------------------------------------------------------------------------------------------
Alexis M. Herman, Secretary, Department of Labor.
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Chapter I
RIN 2900-AK13
Authority and Issuance
For the reasons set forth in the joint preamble, VA proposes to amend 38 CFR chapter I, part 18 as set forth below:
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Subpart A--General
1. The authority citation for subpart A continues to read as follows:
Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the laws referred to in Appendix A.
2. Section 18.4 is amended by revising the heading of paragraph (b) and paragraph (d) to read as follows:
Sec. 18.4 Assurances required.
* * * * * (b) Continuing Federal financial assistance. * * * * * * * * (d) Extent of application to institution or facility. In the case where any assurances are required from an academic, a medical care, or any other institution or facility, insofar as the assurances relate to the institution's practices with respect to the admission, care, or other treatment of persons by the institution or with respect to the opportunity of persons to participate in the receiving or providing of services, treatment, or benefits, such assurances shall be applicable to the entire institution or facility. 3. Section 18.13 is amended by revising paragraph (f) to read as follows:
Sec. 18.13 Definitions.
* * * * * (f) The terms program or activity and program mean all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
[[Page 76495]]
(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section. * * * * * 4. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 18.2, first sentence................. the federally assisted programs and the types of Federal activities financial assistance 18.2, second sentence................ under any such program 18.2(b).............................. under any such program 18.2(c).............................. under any such program 18.2, penultimate sentence........... program or activity type of Federal financial assistance 18.2, penultimate sentence........... such program a program 18.2, last sentence.................. programs types of Federal financial assistance 18.3(b)(1), introductory text........ under any program 18.4(a)(1), first sentence........... to carry out a program 18.4(a)(1), first sentence........... except a program except an application 18.4(a)(1), second sentence.......... program award 18.4(a)(1), sixth sentence........... for each program, 18.4(a)(1), sixth sentence........... in the program 18.4(b), introductory text, first to carry out a program involving for sentence. 18.4(b), introductory text, first programs types of Federal financial sentence. assistance 18.4(b), concluding text............. Under a continuing program 18.6(b), second sentence............. of any program under in 18.6(d).............................. program under program for 18.9(e), first sentence.............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 18.10(f)............................. under the program involved to which this regulation applies 18.10(f)............................. assistance will assistance to which this regulation applies will 18.10(f)............................. under such program 18.12(a), first sentence............. under such program 18.13(h)............................. for any program, 18.13(h)............................. under any such program ----------------------------------------------------------------------------------------------------------------
5. The heading for subpart D is revised to read as follows:
Subpart D--Nondiscrimination on the Basis of Handicap
6. The authority citation for subpart D is revised to read as follows:
Authority: 29 U.S.C. 706, 794.
7. Section 18.403 is amended by adding paragraph (m) to read as follows:
Sec. 18.403 Definitions.
* * * * * (m) Program or activity means all of the operations of any entity described in paragraphs (m)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity that is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.
Sec. 18.404 [Amended]
8. In Sec. 18.404, the heading of paragraph (c) is amended by removing the word ``Programs'' and adding, in its place, the words ``Aid, benefits, or services''. 9. Section 18.405 is amended by revising paragraph (c) to read as follows:
Sec. 18.405 Assurances required.
* * * * * (c) Extent of application to institution or facility. An assurance shall apply to the entire institution or facility. * * * * *
Sec. 18.421 [Amended]
10. The undesignated center heading before Sec. 18.421 is amended by removing the word ``Program''. 11. In Sec. 18.422, the heading and first sentence of paragraph (a) are revised to read as follows:
Sec. 18.422 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to handicapped persons. * * * * * * * *
[[Page 76496]]
12. The heading of Sec. 18.438 is revised to read as follows:
Sec. 18.438 Adult education.
* * * * * 13. The heading of Sec. 18.439 is revised to read as follows:
Sec. 18.439 Private education.
* * * * * 14. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 18.402............................... or benefits from 18.403(h)(1)......................... a program of 18.404(a)............................ or benefits from 18.404(b)(1)(v)...................... program program or activity 18.404(b)(3)......................... programs or activities aid, benefits, or services 18.404(b)(4)(ii)..................... program program or activity 18.404(b)(5)(i)...................... or benefits from 18.404(b)(6)......................... or benefiting from 18.404(c)............................ a program aid, benefits, or services 18.405(a)............................ for a program or activity 18.405(a)............................ the program the program or activity 18.406(a)(3)(i)...................... program program or activity 18.406(a)(3)(ii)..................... program program or activity 18.406(a)(3)(iii).................... program program or activity 18.408(a), second sentence........... programs and activities programs or activities 18.411(a)(3), last sentence.......... apprenticeship programs apprenticeships 18.411(b)(8)......................... social those that are social 18.411(b)(8)......................... programs 18.412(a)............................ program program or activity 18.412(c), introductory text......... program program or activity 18.412(c)(1)......................... program program or activity 18.422(b), last sentence............. offer programs and activities to serve 18.422(c), last sentence............. programs programs or activities 18.422(e)(3)......................... program accessibility accessibility under paragraph (a) of this section 18.431............................... programs and activities programs or activities 18.431............................... or benefit from 18.433(b)(2)......................... individualized education program Individualized Education Program 18.433(b)(3), first sentence......... in 18.433(b)(3), first sentence......... to a program for aid, benefits, or services 18.433(b)(3), first sentence......... the one those 18.433(b)(3), first sentence......... operates operates or provides 18.433(c)(1), second sentence........ in 18.433(c)(1), second sentence........ to a program for aid, benefits, or services 18.433(c)(1), second sentence........ operated operated or provided 18.433(c)(1), second sentence........ the program the aid, benefits, or services 18.433(c)(2)......................... in 18.433(c)(2)......................... to a program for aid, benefits, or services 18.433(c)(2)......................... operated operated or provided 18.433(c)(2)......................... the program the aid, benefits, or services 18.433(c)(4), last sentence.......... such a program a free appropriate public education 18.435(a)............................ education program education program or activity 18.435(a)............................ in a regular or special program in regular or program special education 18.435(b), introductory text......... programs and activities programs or activities 18.435(b), introductory text......... or benefit from 18.437(a)(1)......................... or benefit from 18.437(b)............................ or benefit from 18.437(c)(1), first sentence......... programs and activities aid, benefits, or services 18.437(c)(1), first sentence......... or benefits from 18.437(c)(1), last sentence.......... in these activities 18.438, first sentence............... operates an provides 18.438, first sentence............... program or activity 18.438, first sentence............... from the program or activity 18.438, last sentence................ under the program or activity 18.439(a)............................ operates a provides 18.439(a)............................ education program education 18.439(a)............................ from that program 18.439(a)............................ the recipient's program that recipient's program or activity 18.439(c)............................ operates provides 18.439(c)............................ programs shall operate those programs shall do so 18.441............................... programs and activities programs or activities 18.441............................... or benefit from 18.443(a)............................ program or activity aid, benefits, or services 18.443(d)............................ programs and activities program or activity 18.444(a), last sentence............. program of 18.444(c)............................ in its program 18.444(d)(1)......................... under the education program or activity operated by the recipient
[[Page 76497]]
18.447(a)(1), first sentence......... programs and activities aid, benefits, or services 18.451............................... programs and activities programs or activities 18.451............................... or benefit from 18.454, first sentence............... program or activity program or activity that provides aid, benefits, or services ----------------------------------------------------------------------------------------------------------------
Subpart E--Nondiscrimination on the Basis of Age
15. The authority citation for subpart E continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.; 45 CFR part 90 (1979).
16. Section 18.503 is amended by redesignating paragraphs (j) through (l) as paragraphs (k) through (m), and adding a new paragraph (j) to read as follows:
Sec. 18.503 Definitions.
* * * * * (j) Program or activity means all of the operations of any entity described in paragraphs (j)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity that is established by two or more of the entities described in paragraph (j)(1), (2), or (3) of this section.
Appendix B to Subpart E to Part 18 [Amended]
17. The heading for appendix B to subpart E to part 18 is amended by removing the word ``Programs''. 18. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 18.501, last sentence................ programs and activities programs or activities 18.531............................... programs and activities programs or activities 18.532............................... programs and activities programs or activities 18.544(a)(2), last sentence.......... program 18.546(b), first sentence............ program and activity program or activity 18.546(c)(2), first sentence......... Federal 18.549(b)(2)......................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
Dated: August 14, 2000. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs.
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
RIN 2020-AA43
Authority and Issuance
For the reasons set forth in the joint preamble, EPA proposes to amend 40 CFR chapter I, part 7 as set forth below:
PART 7--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY
1. The heading for part 7 is revised to read as set forth above. 2. The authority citation for part 7 is revised to read as follows:
Authority: 42 U.S.C. 2000d to 2000d-7; 29 U.S.C. 794; 33 U.S.C. 1251 nt.
3. Section 7.25 is amended by adding the new definition of ``Program or activity'' in alphabetical order to read as follows:
Sec. 7.25 Definitions.
* * * * * Program or activity and program mean all of the operations of any entity described in paragraphs (1) through (4) of this definition, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
[[Page 76498]]
(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition.
Sec. 7.55 [Amended]
4. The heading for Sec. 7.55 is amended by removing the word ``programs'' and adding, in its place, the words, ``aid, benefits, or services''. 5. In Sec. 7.65, the first sentence of paragraph (a) introductory text and the heading for paragraph (b) are revised to read as follows:
Sec. 7.65 Accessibility.
(a) General. A recipient shall operate each program or activity receiving EPA assistance so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * (b) Methods of ensuring compliance in existing facilities. * * * * * * * *
Appendix A to Part 7 [Amended]
6. The heading for appendix A to part 7 is amended by removing the word ``Programs'' and inserting the words ``Types of'' immediately before the word ``EPA''. 7. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 7.20(a).............................. compliance programs means of ensuring compliance 7.25, undesignated definition of program Project Officer. 7.35(a)(1)........................... program program or activity 7.35(a)(2)........................... program program or activity 7.35(a)(3)........................... program program or activity 7.35(a)(4)........................... program program or activity 7.35(a)(5)........................... program program or activity 7.35(a)(6)........................... any program any program or activity 7.35(a)(6)........................... the EPA assistance program EPA assistance 7.35(b).............................. program program or activity 7.35(c).............................. program program or activity 7.50(a)(1)........................... program program or activity 7.50(a)(3)........................... program program or activity 7.50(a)(5)........................... program program or activity 7.50(b).............................. or benefits from 7.50(e).............................. programs aid, benefits, or services 7.55................................. program program or activity 7.55................................. programs programs or activities 7.60(a).............................. or benefits from 7.60(c)(8)........................... social those that are social 7.60(c)(8)........................... programs 7.60(d).............................. apprenticeship programs apprenticeships 7.60(e).............................. program program or activity 7.65(b).............................. offer program benefits to serve 7.65(c)(2) first sentence,........... make a program or activity accessible comply with paragraph (a) of this section 7.65(d).............................. assisted program 7.65(e), last sentence............... program statute 7.75, introductory text.............. program program or activity 7.75(a)(3)........................... program accessibility accessibility under Sec. 7.65(a) 7.85(b), first sentence.............. programs programs or activities 7.95(a), first sentence.............. programs programs or activities 7.130(b)(4).......................... program program or activity ----------------------------------------------------------------------------------------------------------------
Dated: October 16, 2000. Carol M. Browner, Administrator, Environmental Protection Agency.
GENERAL SERVICES ADMINISTRATION
41 CFR Chapter 101
RIN 3090-AH33
Authority and Issuance
For the reasons set forth in the joint preamble, GSA proposes to amend 41 CFR chapter 101, parts 101-6 and 101-8 as set forth below:
PART 101-6--MISCELLANEOUS REGULATIONS
Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal Financial Assistance
1. The authority citation for subpart 101-6.2 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
2. Section 101-6.204-3 is amended by revising the heading to read as follows:
Sec. 101-6.204-3 Special benefits.
* * * * * 3. Section 101-6.205-2 is amended by revising the heading to read as follows:
Sec. 101-6.205-2 Continuing Federal financial assistance.
* * * * * 4. Section 101-6.205-4 is amended by revising paragraph (b) to read as follows:
Sec. 101-6.205-4 Applicability of assurances.
* * * * * (b) The assurance required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to
[[Page 76499]]
such individuals, shall be applicable to the entire institution. * * * * * 5. Section 101-6.216 is amended by revising paragraph (f) to read as follows:
Sec. 101-6.216 Definitions.
* * * * * (f) The terms program or activity and program mean all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2) (i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3) (i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of nay other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section. * * * * * 6. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 101-6.201............................ 52 42 101-6.201............................ 2000d--2000d-4 2000d--2000d-7 101-6.203(a), last sentence.......... programs involving 101-6.203(b)......................... the programs involving 101-6.203(c)......................... programs types of Federal financial assistance 101-6.204-2 (a)(4), first sentence... the program a program 101-6.204-3.......................... the benefits of a program benefits 101-6.205-1(a), first sentence....... to carry out a program 101-6.205-1(a), first sentence....... except a program except an application 101-6.205-1(a), fifth sentence....... for each program 101-6.205-1(a), fifth sentence....... in the program 101-6.205-1(b), second sentence...... under a program of with 101-6.205-1(b), third sentence....... program statute 101-6.205-1(d)....................... programs Federal financial assistance 101-6.205-2.......................... to carry out a program involving for 101-6.205-4(c)....................... under a program 101-6.206(b), second sentence........ except as provided in paragraph (b) of Sec. 101-6.205-4 101-6.206(d)......................... subject to the provisions of Sec. 101- 6.205-4(b) 101-6.209-2, last sentence........... of any program under in 101-6.209-4.......................... program under program for 101-6.212-5, first sentence.......... programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 101-6.213-6.......................... under the program involved to which this regulation applies 101-6.213-6.......................... assistance will assistance to which this regulation applies will 101-6.213-6.......................... under such program 101-6.215-1, introductory text, first under such program sentence. 101-6.216(h)......................... for any program, 101-6.216(h)......................... under any such program 101-6.216(i)......................... for the purpose of carrying out a program ----------------------------------------------------------------------------------------------------------------
PART 101-8--NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 101-8 is revised to read as set forth above.
Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap
8. Section 101-8.301 is amended by adding a new paragraph (f) to read as follows:
Sec. 101-8.301 Definitions.
* * * * * (f) The term program or activity means all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private
[[Page 76500]]
organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (f)(1),(2), or (3) of this section. 9. Section 101-8.309 is amended by revising the section heading and the heading and first sentence of paragraph (b) to read as follows:
Sec. 101-8.309 Accessibility.
* * * * * (b) Accessibility. A recipient shall operate any program or activity to which this subpart applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * 10. Section 101-8.311 is amended by revising the section heading and the heading and the first sentence of the introductory text of paragraph (b)(1) to read as follows:
Sec. 101-8.311 Historic Preservation Programs.
* * * * * (b) * * * (1) Accessibility. A recipient shall operate any program or activity involving Historic Preservation Programs so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * 11. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 101-8.300(b)......................... or benefits from 101-8.302............................ or benefits from 101-8.303(a)(5)...................... program program or activity 101-8.303(c)......................... programs or activities aid, benefits, or services 101-8.303(d)(2)...................... program program or activity 101-8.303(f)......................... or benefitting from 101-8.303(g)......................... the benefits of a program aid, benefits, or services 101-8.303(g)......................... from a program from aid, benefits, or services 101-8.303(d), first sentence......... programs and activities programs or activities 101-8.305(c), last sentence.......... apprenticeship programs apprenticeships 101-8.305(d)(8)...................... social those that are social 101-8.305(d)(8)...................... programs 101-8.306(a)......................... program program or activity 101-8.306(c), introductory text...... program program or activity 101-8.306(c)(1)...................... program program or activity 101-8.309(a)......................... or benefits from 101-8.309(c), last sentence.......... offer programs and activities to serve 101-8.309(f)(3)...................... program accessibility accessibility under paragraph (a) of this section 101-8.311(a), introductory text...... the term 101-8.311(a)(1)...................... preservation programs Preservation Programs 101-8.311(a)(1)...................... means programs receiving are those that receive 101-8.311(b)(1), introductory text, program last sentence. 101-8.311(b)(1)(iv).................. program accessibility accessibility 101-8.311(b)(1), concluding paragraph historic preservation program Historic Preservation Program 101-8.311(b)(1), concluding paragraph program accessibility accessibility 101-8.311(b)(2), introductory text... program 101-8.311(b)(2)(iii)................. program program or activity ----------------------------------------------------------------------------------------------------------------
Subpart 101-8.7--Discrimination Prohibited on the Basis of Age:
12. The authority citation for subpart 101-8.7 continues to read as follows:
Authority: 42 U.S.C. 6101 et seq.
13. Section 101-8.703 is amended by redesignating paragraph (k) as paragraph (l) and by adding a new paragraph (k) to read as follows:
Sec. 101-8.703 Definitions of terms.
* * * * * (k) Program or activity means all of the operations of any entity described in paragraphs (k)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a state or of a local government; (ii) The entity of such state and local government that distributes such assistance and each such department or agency (and each other state or local government entity) to which the assistance is extended, in the case of assistance to a state or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section. * * * * *
[[Page 76501]]
14. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 101-8.701, last sentence............. Federal financial assistance Federally assisted 101-8.701, last sentence............. programs and activities programs or activities 101-8.702(a)......................... that benefits from GSA Federal financial assistance 101-8.703(g)(2)...................... program policy 101-8.703(j)......................... for the purpose of carrying out a program 101-8.703(l)......................... for any program 101-8.703(l)......................... under any such program 101-8.709............................ program program or activity 101-8.710, first sentence............ program program or activity 101-8.710, second sentence........... programs 101-8.710, second sentence........... provide provides 101-8.710, last sentence............. ``Child Care Center'' program Child Care Center Program 101-8.710, last sentence............. two programs two types of Federal financial assistance 101-8.711, first sentence............ programs and activities programs or activities 101-8.712(b)......................... program 101-8.718(a), third sentence......... program 101-8.720(b), first sentence......... program and activity program or activity 101-8.720(c)(2), first sentence...... Federal 101-8.721(e), first sentence......... programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 101-8.725(b)......................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
Dated: August 22, 2000. Thurman M. Davis, Sr., Deputy Administrator, General Services Administration.
DEPARTMENT OF THE INTERIOR
43 CFR Subtitle A
RIN 1090-AA77
Authority and Issuance
For the reasons set forth in the joint preamble, DOI proposes to amend 43 CFR subtitle A, part 17 as set forth below:
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR
Subpart A--Nondiscrimination on the Basis of Race, Color, or National Origin
1. The authority citation for subpart A continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; and the laws referred to in Appendix A.
2. Section 17.3 is amended by revising the heading of paragraph (d) to read as follows:
Sec. 17.3 Discrimination prohibited.
* * * * * (d) Benefits for Indians, natives of certain territories, and Alaska natives. * * * 3. Section 17.4 is amended by revising the heading of paragraph (b) and paragraph (d)(2) to read as follows:
Sec. 17.4 Assurances required.
* * * * * (b) Continuing Federal financial assistance. * * * * * * * * (d) * * * (2) The assurance required with respect to an institution of higher education, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. 4. Section 17.12 is amended by revising paragraph (f) to read as follows:
Sec. 17.12 Definitions.
* * * * * (f) The terms program or activity and program mean all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section. * * * * *
Appendix B to Subpart A [Amended]
5. The introductory text for appendix B to subpart A is amended by removing the word ``programs'' and adding, in its place, the words ``Federal financial assistance.'' 6. In the table below, for each section indicated in the left column, remove the
[[Page 76502]]
text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 17.2(a), second sentence............. under any such program 17.2(a)(2)........................... under any such program 17.2(a)(3)........................... under any such program 17.3(b)(1), introductory text........ under any program 17.3(c)(1), first sentence........... a program of the 17.3(c)(1), first sentence........... assistance assistance to a program 17.3(d), first sentence.............. the benefits of a program benefits 17.3(d), first sentence.............. is limited are limited 17.3(d), first sentence.............. the program is addressed the benefits are addressed 17.3(d), last sentence............... programs benefits 17.4(a)(1), first sentence........... to carry out a program 17.4(a)(1), first sentence........... except a program except an application 17.4(a)(1), second sentence.......... program of award of 17.4(a)(1), sixth sentence........... for each program, 17.4(a)(1), sixth sentence........... in the program 17.4(a)(2), second sentence.......... under a program of with 17.4(a)(2), third sentence........... program statute 17.4(b)(1), introductory text........ to carry out a program involving for 17.4(d)(1)........................... a student assistance program student assistance 17.5(b), last sentence............... of any program under in 17.5(d).............................. program under which program for which 17.8(e), first sentence.............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 17.9(g).............................. under the program involved to which this regulation applies 17.9(g).............................. assistance will assistance to which this regulation applies will 17.9(g).............................. under such program 17.11(a), first sentence............. under such program 17.12(h)............................. for any program, 17.12(h)............................. under such program 17.12(i)............................. for the purpose of carrying out a program ----------------------------------------------------------------------------------------------------------------
Subpart B--Nondiscrimination on the Basis of Handicap
7. The authority citation for subpart B continues to read as follows:
Authority: 29 U.S.C. 794.
8. Section 17.202 is amended by adding a new paragraph (q) to read as follows:
Sec. 17.202 Definitions.
* * * * * (q) Program or activity means all of the operations of any entity described in paragraphs (q)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (q)(1), (2), or (3) of this section. 9. Section 17.203 is amended by revising the heading of paragraph (c) to read as follows:
Sec. 17.203 Discrimination prohibited.
* * * * * (c) Aid, benefits, or services limited by Federal law. * * * * * * * * 10. The heading for Sec. 17.216 is revised to read as follows:
Sec. 17.216 Accessibility.
* * * * * 11. Section 17.217 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 17.217 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * 12. Section 17.260 is amended by revising the section heading, the introductory text of paragraph (a), and the first sentence of paragraph (b)(1) introductory text to read as follows:
Sec. 17.260 Historic Preservation Programs.
(a) Definitions. For the purposes of this section, Historic Preservation Programs are those that receive Federal financial assistance that has preservation of historic properties as a primary purpose. * * * * * (b) * * *
[[Page 76503]]
(1) A recipient shall operate any program or activity involving Historic Preservation Programs so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * 13. The section heading and the introductory text of Sec. 17.270 are revised to read as follows:
Sec. 17.270 Recreation.
This section applies to recipients that operate, or that receive Federal financial assistance for the operation of programs or activities involving recreation. * * * * * 14. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 17.201............................... or benefits from 17.202(i)............................ recreation and program spaces spaces, including those used for recreation, 17.202(m)............................ programs the recipient 17.202(m)............................ should be available should make its aid, benefits, or services available 17.202(n)............................ programs programs or activities 17.203(a)............................ or benefits from 17.203(b)(1)(v)...................... program program or activity 17.203(b)(3)......................... programs or activities aid, benefits, or services 17.203(b)(4)(ii)..................... program program or activity 17.203(b)(5)(i)...................... or benefits from 17.203(b)(6)......................... or benefiting from 17.203(c)............................ the benefits of a program aid, benefits, or services 17.203(c)............................ from a program from aid, benefits, or services 17.204(a), first sentence............ for a program or activity 17.204(a), first sentence............ the program the program or activity 17.204(c)(4), first sentence......... to carry out a program involving for 17.204(c)(4)(i)...................... program program or activity 17.204(c)(4)(ii)..................... the program the program or activity 17.204(c)(4)(ii)..................... under such program 17.205(a)(3)(i)...................... program program or activity 17.205(a)(3)(ii)..................... program program or activity 17.207(a), second sentence........... programs and activities programs or activities 17.210(a)(2)......................... programs programs or activities 17.210(a)(4), last sentence.......... apprenticeship programs apprenticeships 17.210(b)(8)......................... social those that are social 17.210(b)(8)......................... programs 17.211(a)............................ program program or activity 17.211(c), introductory text......... program program or activity 17.211(c)(1)......................... program program or activity 17.217(b), last sentence............. offer programs and activities to serve 17.217(e)(3)......................... program accessibility accessibility under paragraph (a) of this section 17.220, first sentence............... programs and activities programs or activities 17.220, first sentence............... or benefit from 17.232, first sentence............... programs and activities programs or activities 17.232, first sentence............... or benefit from 17.250, introductory text............ programs and activities programs or activities 17.250, introductory text............ or benefit from 17.252, first sentence............... activity for activity that provides aid, benefits, or services for 17.260(b)(1), introductory text, last program sentence. 17.260(b)(1)(iv)..................... program 17.260(b)(1), concluding text........ historic preservation program Historic Preservation Program 17.260(b)(1), concluding text........ program accessibility accessibility 17.260(b)(2), introductory text, program first sentence. 17.260(b)(2), introductory text, last program sentence. 17.260(b)(2)(iii).................... program program or activity 17.270(a)(1)......................... programs aid, benefits, or services 17.270(a)(2)......................... programs or activities aid, benefits, or services 17.270(a)(5)......................... program or activity aid, benefits, or services ----------------------------------------------------------------------------------------------------------------
Subpart C--Nondiscrimination on the Basis of Age
15. The authority citation for subpart C continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; 45 CFR part 90.
16. The heading of Sec. 17.302 is revised to read as follows:
Sec. 17.302 To what programs or activities do these regulations apply?
* * * * * 17. Section 17.303 is amended by redesignating paragraphs (j) through (m) as paragraphs (k) through (n) and adding a new paragraph (j) to read as follows:
Sec. 17.303 Definitions.
* * * * * (j) Program or activity means all of the operations of any entity described in paragraphs (j)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or
[[Page 76504]]
(ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (j)(1), (2), or (3) of this section. * * * * * 18. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 17.300, first sentence............... programs and activities programs or activities 17.300, last sentence................ programs and activities programs or activities 17.301, last sentence................ programs and activities programs or activities 17.302(a)............................ or benefits from 17.313............................... program program or activity 17.314............................... program program or activity 17.320, first sentence............... programs and activities programs or activities 17.321(b)............................ program 17.333(a)(2), last sentence.......... program 17.335(c)(2), first sentence......... Federal 17.338(b)(2)......................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
Dated: September 11, 2000. John Berry, Assistant Secretary--Policy, Management, and Budget, Department of the Interior.
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Chapter I
RIN 3067-AD14
Authority and Issuance
For the reasons set forth in the joint preamble, FEMA proposes to amend 44 CFR chapter I, part 7 as set forth below:
PART 7--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)
1. The heading for subpart A is revised to read as follows:
Subpart A--Nondiscrimination in FEMA-Assisted Programs--General
2. The authority citation for subpart A continues to read as follows:
Authority: FEMA Reg. 5 issued under sec. 602, 78 Stat. 252; 42 U.S.C. 2000 d-1; 42 U.S.C. 1855-1855g; 50 U.S.C. 404.
3. Section 7.2 is amended by revising paragraph (d) to read as follows:
Sec. 7.2 Definitions.
* * * * * (d) The terms program or activity and program mean all of the operations of any entity described in paragraphs (d)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (d)(1), (2), or (3) of this section. * * * * * 4. Section 7.3 is revised to read as follows:
Sec. 7.3 Application of this regulation.
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this regulation applies. 5. Section 7.9 is amended by revising paragraph (b) to read as follows:
Sec. 7.9 Assurances from institutions.
* * * * * (b) The assurances required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institutions or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. 6. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
[[Page 76505]]
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 7.2(f)............................... for any program, 7.2(f)............................... under any such program 7.2(g)............................... for the purpose of carrying out a program 7.4, second sentence................. under any such program 7.4(b)............................... under any such program 7.4(c)............................... under any such program 7.5(a), introductory text............ under any program 7.7, first sentence.................. to carry out a program 7.7, fifth sentence.................. for each program, 7.7, fifth sentence.................. in the program 7.10(b), last sentence............... of any program under in 7.10(d).............................. program under which program for which 7.13(e), first sentence.............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 7.14(f).............................. under the program involved to which this regulation applies 7.14(f).............................. assistance will assistance to which this regulation applies will 7.14(f).............................. under such program 7.16(a), first sentence.............. under such program ----------------------------------------------------------------------------------------------------------------
7. The heading for subpart E is revised to read as follows:
Subpart E--Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From FEMA
8. The authority citation for subpart E is revised to read as follows:
Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); 45 CFR part 90.
9. The heading for Sec. 7.912 is revised to read as follows:
Sec. 7.912 To what programs or activities does this regulation apply?
* * * * * 10. Section 7.913 is amended by adding, in alphabetical order, a definition of ``Program or activity'' to read as follows:
Sec. 7.913 Definition of terms used in this regulation.
* * * * * Program or activity means all of the operations of any entity described in paragraphs (1) through (4) of this definition, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition. * * * * * 11. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 7.910................................ programs and activities programs or activities 7.911, last sentence................. programs, activities programs or activities 7.912(a)............................. or benefits from 7.925................................ program program or activity 7.926................................ program program or activity 7.930, first sentence................ programs and activities programs or activities 7.931(b)............................. program 7.943(a)(2), last sentence........... program 7.945(b), first sentence............. program and activity program or activity 7.945(c)(2), first sentence.......... Federal 7.948(b)(2).......................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
[[Page 76506]]
Pauline C. Campbell, Director, Office of Equal Rights, Federal Emergency Management Agency.
NATIONAL SCIENCE FOUNDATION
45 CFR Chapter VI
RIN 3145-AA38
Authority and Issuance
For the reasons set forth in the joint preamble, NSF proposes to amend 45 CFR chapter VI, parts 605, 611, and 617 as set forth below:
PART 605--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
1. The heading for part 605 is revised to read as set forth above. 2. The authority citation for part 605 continues to read as follows:
Authority: 29 U.S.C. 794.
3. Section 605.3 is amended by adding a new paragraph (m) to read as follows:
Sec. 605.3 Definitions.
* * * * * (m) Program or activity means all of the operations of any entity described in paragraphs (m)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.
Sec. 605.4 [Amended]
4. In Sec. 605.4, the heading of paragraph (c) is amended by removing the word ``Programs'' and adding, in its place, the words ``Aid, benefits, or services''.
Subpart C to Part 605 [Amended]
5. The heading for subpart C is amended by removing the word ``Program''. 6. In Sec. 605.22, the heading and first sentence of paragraph (a) are revised to read as follows:
Sec. 605.22 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to qualified handicapped persons. * * * * * * * *
Sec. 605.38 [Amended]
7. The heading for Sec. 605.38 is amended by removing the word ``programs''.
Sec. 605.39 [Amended]
8. The heading for Sec. 605.39 is amended by removing the word ``programs''. 9. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 605.0, first sentence................ programs and activities programs or activities 605.2................................ or benefits from 605.3(k)(5), second sentence......... programs aid, benefits, or services 605.3(k)(5), third sentence.......... program 605.4(a)............................. or benefits from 605.4(b)(1)(v)....................... recipients program recipient's program or activity 605.4(b)(3).......................... programs or activities aid, benefits, or services 605.4(b)(4)(ii)...................... program program or activity 605.4(b)(5)(i)....................... or benefits from 605.4(b)(6).......................... or benefiting from 605.4(c)............................. the benefits of a program aid, benefits, or services 605.4(c)............................. from a program from aid, benefits or services 605.5(a)............................. under a program or activity 605.5(a)............................. programs programs or activities 605.6(a)(3)(i)....................... program program or activity 605.6(a)(3)(ii)...................... program program or activity 605.8(a), second sentence............ programs and activities programs or activities 605.11(a)(2)......................... programs programs or activities 605.11(a)(4), last sentence.......... apprenticeship programs apprenticeships 605.11(b)(8)......................... social those that are social 605.11(b)(8)......................... programs 605.12(a)............................ program program or activity 605.12(c), introductory text......... program program or activity 605.12(c)(1)......................... program program or activity 605.22(b), last sentence............. offer programs and activities to serve 605.22(e)(3)......................... program accessibility accessibility under paragraph (a) of this section 605.31............................... programs and activities programs or activities 605.31............................... or benefit from 605.33(b)(2)......................... individualized education program Individualized Education Program
[[Page 76507]]
605.33(b)(3), first sentence......... in 605.33(b)(3), first sentence......... to a program for aid, benefits, or services 605.33(b)(3), first sentence......... the one those 605.33(b)(3), first sentence......... operates operates or provides 605.33(c)(1), second sentence........ in 605.33(c)(1), second sentence........ to a program for aid, benefits, or services 605.33(c)(1), second sentence........ operated operated or provided 605.33(c)(1), second sentence........ program aid, benefits, or services 605.33(c)(2)......................... person in person 605.33(c)(2)......................... to a program for aid, benefits, or services 605.33(c)(2)......................... operated operated or provided 605.33(c)(2)......................... the program the aid, benefits, or services 605.33(c)(3)......................... placement in 605.33(c)(3)......................... program placement 605.33(c)(4), last sentence.......... such a program a free appropriate public education 605.35(a)............................ program program or activity 605.35(a)............................ a regular or special education program regular or special education 605.37(c)(1), first sentence......... programs and activities aid, benefits, or first sentence services 605.37(c)(1), last sentence.......... in these activities 605.38............................... operates a provides 605.38............................... day care program or activity day care 605.38............................... an adult education program or activity adult education 605.38............................... from the program or activity 605.38............................... under the program or activity 605.39(a)............................ operates a provides 605.39(a)............................ education program education 605.39(a)............................ from such program 605.39(a)............................ the recipient's program that recipient's program or activity 605.39(c), first sentence............ operates provides 605.39(c), first sentence............ programs shall operate such programs shall do so 605.41............................... programs and activities programs or activities 605.41............................... or benefit from 605.43(a)............................ program or activity aid, benefits, or services 605.43(d)............................ programs and activities program or activity 605.44(a), second sentence........... program of 605.44(c)............................ in its program 605.47(a)(1), first sentence......... programs and activities aid, benefits, or services 605.51............................... programs and activities programs or activities 605.51............................... or benefit from 605.54, first sentence............... activity for activity that provides aid, benefits, or services for ----------------------------------------------------------------------------------------------------------------
PART 611--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE NATIONAL SCIENCE FOUNDATION--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
10. The authority citation for part 611 continues to read as follows:
Authority: Sec. 11(a), National Science Foundation Act of 1950, as amended, 42 U.S.C. 1870(a); 42 U.S.C. 2000d-1.
11. Section 611.4 is amended by revising paragraph (c)(2) to read as follows:
Sec. 611.4 Assurances required.
* * * * * (c) * * * (2) The assurance required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. 12. Section 611.5 is amended by revising the example 2. to read as follows:
Sec. 611.5 Illustrative applications.
* * * * * 2. In a research, training, or other grant to a university for activities to be conducted in a graduate school, discrimination in the admission and treatment of students in the graduate school is prohibited, and the prohibition extends to the entire university. * * * * * 13. Section 611.13 is amended by revising paragraph (f) to read as follows:
Sec. 611.13 Definitions.
* * * * * (f) The terms program or activity and program mean all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private
[[Page 76508]]
organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section. * * * * * 14. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 611.2, first sentence................ Federally assisted programs and activities types of Federal financial assistance 611.2, second sentence............... under any such program 611.2(b)............................. under any such program 611.2(c)............................. under any such program 611.2, penultimate sentence.......... program or activity type of Federal financial assistance 611.2, penultimate sentence.......... such program a program 611.2, last sentence................. programs types of Federal financial assistance 611.3(b)(1), introductory text....... under any program 611.3(c)(2).......................... Programs Types of Federal financial assistance 611.4(a)(1), first sentence.......... to carry out a program 611.4(a)(1), fourth sentence......... for each program 611.4(a)(1), fourth sentence......... in the program 611.4(a)(2), second sentence......... under a program of with 611.4(a)(2), third sentence.......... program statute 611.5, introductory text, first programs of programs aided by sentence. 611.5, example 1., first sentence.... In programs for For 611.5, example 4., first sentence.... grant programs grants 611.6(b), last sentence.............. of any program under in 611.6(d)............................. program under program for 611.9(e), first sentence............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 611.10(f)............................ under the program involved to which this regulation applies 611.10(f)............................ assistance will assistance to which this regulation applies will 611.10(f)............................ under such program 611.12(a), first sentence............ under such program 611.13(h)............................ for any program, 611.13(h)............................ under any such program 611.13(i)............................ for the purpose of carrying out a program ----------------------------------------------------------------------------------------------------------------
PART 617--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF
15. The authority citation for part 617 continues to read as follows:
Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.; 45 CFR part 90.
Sec. 617.2 [Amended]
16. In Sec. 617.2, the list is amended by adding, in alphabetical order, the term ``Program or activity.'' 17. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 617.1, last sentence................. programs and activities programs or activities 617.8, first sentence................ program or activities program or activity 617.11(a)(2), last sentence.......... program 617.12(a), first sentence............ under for 617.12(c), first sentence............ program program or activity 617.12(e), first sentence............ Federal 617.12(f)(2)(ii)..................... program or activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
[[Page 76509]]
Dated: August 16, 2000. Lawrence Rudolph, General Counsel, National Science Foundation.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
45 CFR Chapter XI
RIN 3135-AA17, RIN 3136-AA24, RIN 3137-AA11
Authority and Issuance
For the reasons set forth in the joint preamble, NFAH, composed of the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services, proposes to amend 45 CFR chapter XI, part 1110, as set forth below:
PART 1110--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
1. The authority citation for part 1110 is revised to read as follows:
Authority: 42 U.S.C. 2000d--2000d-7. 2. Section 1110.4 is amended by revising the heading of paragraph (b) and paragraph (d)(2) to read as follows:
Sec. 1110.4 Assurances required.
* * * * * (b) Continuing Federal financial assistance * * * * * * * * (d) * * * (2) The assurance required with respect to an institution of higher education or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. 3. Section 1110.5 is amended by revising paragraph (a) to read as follows:
Sec. 1110.5 Illustrative applications.
* * * * * (a) In a research, training, or other grant to a university for activities to be conducted in a graduate school, discrimination in the admission and treatment of students in the graduate school is prohibited, and the prohibition extends to the entire university. * * * * * 4. Section 1110.13 is amended by revising paragraph (g) to read as follows:
Sec. 1110.13 Definitions.
* * * * * (g) Program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section. * * * * * 5. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1110.2, first sentence............... federally assisted programs and activities types of Federal financial assistance 1110.2, second sentence.............. under any such program 1110.2, fifth sentence............... program or activity type of Federal financial assistance 1110.2, fifth sentence............... that such program that a program 1110.2, last sentence................ programs types of Federal financial assistance 1110.4(a)(1), first sentence......... to carry out a program 1110.4(a)(1), third sentence......... for each program 1110.4(a)(1), third sentence......... in the program 1110.4(a)(2), first sentence......... through a program of with 1110.4(a)(2), second sentence........ under a program of with 1110.4(a)(2), third sentence......... program statute 1110.4(b)............................ to carry out a program involving for 1110.6(b), last sentence............. of any program under in 1110.6(d)............................ program under which program for which 1110.9(e), first sentence............ programs Federal statutes, authorities, or other means by which authorities, or other means by which Federal financial assistance is extended and 1110.10(f)........................... under the program involved to which this regulation applies 1110.10(f)........................... assistance will assistance to which this regulation applies will 1110.10(f), first sentence........... under such program 1110.13(i)........................... for any program, 1110.13(i)........................... under any such program 1110.13(j)........................... for the purposes of carrying out a program ----------------------------------------------------------------------------------------------------------------
[[Page 76510]]
Dated: August 21, 2000. Karen Elias, Deputy General Counsel, National Endowment for the Arts, National Foundation on the Arts and the Humanities.
Dated: September 11, 2000. Laura S. Nelson, Assistant General Counsel, National Endowment for the Humanities, National Foundation on the Arts and the Humanities.
Dated: August 8, 2000. Nancy E. Weiss, General Counsel, Institute of Museum and Library Services, National Foundation on the Arts and the Humanities.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Chapter XI
RIN 3135-AA17
Authority and Issuance
For the reasons set forth in the joint preamble, NEA proposes to amend 45 CFR chapter XI, parts 1151 and 1156, as set forth below:
PART 1151--NONDISCRIMINATION ON THE BASIS OF HANDICAP
1. The authority citation for part 1151 continues to read as follows:
Authority: 29 U.S.C. 794.
2. Section 1151.3 is amended by adding a new paragraph (h) to read as follows:
Sec. 1151.3 Definitions.
* * * * * (h) Program or activity means all of the operations of any entity described in paragraphs (h)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section.
Sec. 1151.21 [Amended]
3. The undesignated center heading immediately preceding Sec. 1151.21 is amended by removing the word ``Program''. 4. Section 1151.22 is amended by revising the first sentence of paragraph (a) to read as follows:
Sec. 1151.22 Existing facilities.
(a) A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * * * * * * * 5. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1151.2............................... or benefits from 1151.4(a), second sentence........... programs and activities programs or activities 1151.16(a)........................... or benefits from 1151.16(b)........................... the benefits of a program aid, benefits, or services 1151.16(c)........................... program program or activity 1151.16(c)........................... or benefiting from 1151.16(e)........................... programs and activities programs or activities 1151.17(a), introductory text........ benefit, service, or program benefit, or service 1151.17(a)(1)........................ program, 1151.17(a)(5)........................ program program or activity 1151.17(b)........................... programs or activities aid, benefits, or services 1151.17(c)(2)........................ program program or activity 1151.17(d)(1)........................ or benefits from 1151.17(e)........................... or benefiting from 1151.18(a)(3)........................ for a specific program offered and offering, for example, a specific event 1151.18(a)(3)........................ that program that specific event 1151.18(b)........................... programs aid, benefits, or services 1151.18(d)........................... benefits of the programs and activities aid, benefits, or services 1151.18(d)........................... programs and activities aid, benefits, or services 1151.18(e)........................... programs and activities programs or activities 1151.22(b), last sentence............ offer programs and activities to serve 1151.22(c)........................... to make programs or, activities in existing facilities accessible 1151.22(d)(3)........................ program accessibility accessibility under paragraph (a) of this section 1151.31(a)........................... or benefits from 1151.31(c), last sentence............ apprenticeship programs apprenticeships 1151.31(d)(8)........................ social those that are social 1151.31(d)(8)........................ programs 1151.32(a)........................... program program or activity 1151.32(c), introductory text........ program program or activity 1151.32(c)(1)........................ program program or activity
[[Page 76511]]
1151.41(a), first sentence........... for a program or activity 1151.41(a), first sentence........... the program the program or activity ----------------------------------------------------------------------------------------------------------------
PART 1156--NONDISCRIMINATION ON THE BASIS OF AGE
6. The authority citation for part 1156 continues to read as follows:
Authority: 42 U.S.C. 6101 et seq.; 45 CFR part 90.
Sec. 1156.2 [Amended]
7. Section 1156.2 is amended by removing the words ``and to each program or activity that receives or benefits from such assistance'' in paragraph (a). 8. Section 1156.3 is amended by redesignating paragraphs (h) through (n) as paragraphs (i) through (o), respectively; and by adding a new paragraph (h) to read as follows:
Sec. 1156.3 Definitions.
* * * * * (h) Program or activity means all of the operations of any entity described in paragraphs (h)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section. * * * * * 9. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1156.1, last sentence................ programs and activities programs or activities 1156.7(c)............................ program program or activity 1156.10, first sentence.............. programs and activities programs or activities 1156.17(a)(2), last sentence......... program 1156.19(c)(2), first sentence........ Federal 1156.20(b)(2)........................ program or the activity Federal financial assistance ----------------------------------------------------------------------------------------------------------------
Dated: August 21, 2000. Karen Elias, Deputy General Counsel, National Endowment for the Arts.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment For the Humanities
45 CFR Chapter XI
RIN 3136-AA24
Authority and Issuance
For the reasons set forth in the joint preamble, NEH proposes to amend 45 CFR chapter XI, part 1170 as set forth below:
PART 1170--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES
1. The heading for part 1170 is revised to read as set forth above. 2. The authority citation for part 1170 continues to read as follows:
Authority: 29 U.S.C. 794.
3. Section 1170.3 is amended by revising paragraph (g) to read as follows:
Sec. 1170.3 Definitions.
* * * * * (g) The term program or activity means all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the
[[Page 76512]]
entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *
Subpart D to Part 1170 [Amended]
4. The heading for subpart D is amended by removing the word ``Program''. 5. Section 1170.32 is amended by revising the heading and first sentence of paragraph (a) to read as follows:
Sec. 1170.32 Existing facilities.
(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to handicapped persons. * * * * * * * * 6. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1170.2............................... or benefits from 1170.3(a)............................ , and 1170.3(a)............................ 95-602 95-602, and by the Civil Rights Restoration Act of 1987, Pub.L. 100-259 1170.3(d)............................ program program or activity 1170.11.............................. or benefits from 1170.12(a)(5)........................ program program or activity 1170.12(b)........................... programs or activities aid, benefits, or services 1170.12(c)(2)........................ program program or activity 1170.12(d)(1)........................ or benefits from 1170.12(e)........................... the benefits of a program aid, benefits, or services 1170.12(e)........................... from a program from aid, benefits, or services 1170.12(f)........................... programs and activities programs or activities 1170.13(a)(3)........................ programs aid, benefits, or services 1170.13(a)(3)........................ program aid, benefit, or service 1170.13(a)(4), first sentence........ of a program's 1170.13(c)........................... the programs and activities the program or activity 1170.13(c)........................... museum programs and activities museum aid, benefits, or services 1170.13(d)........................... programs and activities programs or activities 1170.21(a)........................... or benefits from 1170.21(c), last sentence............ apprenticeship programs apprenticeships 1170.21(d)(8)........................ social those that are social 1170.21(d)(8)........................ programs 1170.22(a)........................... program program or activity 1170.22(c), introductory text........ program program or activity 1170.22(c)(1)........................ program program or activity 1170.32(b), last sentence............ offer programs and activities to serve 1170.32(d)(3)........................ program accessibility accessibility under paragraph (a) of this section 1170.41.............................. programs and activities programs or activities 1170.41.............................. or benefit from 1170.43(a)........................... program or activity aid, benefit, or service 1170.43(d)........................... programs and activities program or activity 1170.44(a), second sentence.......... program of 1170.44(c),.......................... in its program 1170.44(d)(1)........................ under the education program or activity operated by the recipient 1170.47(a)(1), first sentence........ programs and activities aid, benefits, or services 1170.51(a), first sentence........... for a program or activity 1170.51(a), first sentence........... the program the program or activity 1170.52(a)(3)(i)..................... program program or activity 1170.52(a)(3)(ii).................... program program or activity 1170.54(a), second sentence.......... programs and activities programs or activities ----------------------------------------------------------------------------------------------------------------
Dated: September 11, 2000. Laura S. Nelson, Assistant General Counsel, National Endowment for the Humanities.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Chapter XII
RIN 3045-AA29
Authority and Issuance
For the reasons set forth in the joint preamble, the Corporation proposes to amend 45 CFR chapter XII, parts 1203 and 1232 as set forth below:
PART 1203--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 1203 continues to read as follows:
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
2. Section 1203.3 is amended by revising paragraph (e) to read as follows:
Sec. 1203.3 Definitions.
* * * * * (e) Program or activity and program mean all of the operations of any entity described in paragraphs (e)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;
[[Page 76513]]
(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (e)(1), (2), or (3) of this section. * * * * * 3. Section 1203.5 is amended by revising paragraph (b), paragraph (c)(2), and the heading of paragraph (d) to read as follows:
Sec. 1203.5 Assurances required.
* * * * * (b) Assurances from Government agencies. In the case of an application from a department, agency, or office of a State or local government for Federal financial assistance for a specified purpose, the assurance required by this section shall extend to any other department, agency, or office of the same governmental unit if the policies of the other department, agency, or office will substantially affect the project for which Federal financial assistance is requested. (c) * * * (2) The assurance required by an academic institution, detention or correctional facility, or any other institution or facility, relating to the institution's practices with respect to admission or other treatment of individuals as students, patients, wards, inmates, persons subject to control, or clients of the institution or facility or to the opportunity to participate in the provision of services, disposition, treatment, or benefits to these individuals, is applicable to the entire institution or facility. (d) Continuing Federal financial assistance. * * * * * * * *
Appendix A to Part 1203 [Amended]
4. The heading for appendix A to part 1203 is amended by removing the word ``Programs'' and adding, in its place, the words ``Federal Financial Assistance''.
Appendix B to Part 1203 [Amended]
5. The heading for appendix B to part 1203 is amended by removing the word ``Programs'' and adding, in its place, the words ``Federal Financial Assistance''. 6. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1203.2(a), introductory text, first federally assisted programs types of Federal financial sentence. assistance 1203.2(a), introductory text, second under a program sentence. 1203.2(a)(2)......................... under a program 1203.2(a)(3)......................... under a program 1203.2(a), concluding text, first a program a type of Federal financial sentence. assistance 1203.2(a), concluding text, first the program a program sentence. 1203.2(a)(4) concluding text last programs types of Federal financial sentence. assistance 1203.2(b)............................ as part of the program receiving that assistance 1203.3(d)............................ for the purpose of carrying out a program 1203.3(f)............................ for any program, 1203.3(f)............................ under a program 1203.4(b)(1), introductory text...... under a program 1203.4(c)(1), first sentence......... a program of the 1203.5(a)(1), first sentence......... to carry out a program 1203.5(a)(1), first sentence......... except a program except an application 1203.5(a)(1), second sentence........ program award 1203.5(a)(1), fifth sentence......... for each program, 1203.5(a)(1), fifth sentence......... in the program 1203.5(a)(2), second sentence........ under a program of with 1203.5(a)(2), third sentence......... program statute 1203.5(d), introductory text......... to carry out a program involving for 1203.5(d), introductory text......... programs types of Federal financial assistance 1203.6(b), second sentence........... of a program under in 1203.6(d)............................ program under which program for which 1203.9(e), first sentence............ programs Federal statutes,authorities, or other means by which Federal financial assistance is extended and 1203.10(f)........................... under the program involved to which this regulation applies 1203.10(f)........................... assistance will assistance to which this regulation applies 1203.10(f)........................... under the programs 1203.12(a), first sentence........... under a program ----------------------------------------------------------------------------------------------------------------
[[Page 76514]]
PART 1232--NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
7. The heading for part 1232 is revised to read as set forth above. 8. The authority citation for part 1232 continues to read as follows:
Authority: 29 U.S.C. 794.
9. Section 1232.3 is amended by adding a new paragraph (m) to read as follows:
Sec. 1232.3 Definitions.
* * * * * (m) Program or activity means all of the operations of any entity described in paragraphs (m)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.
Subpart C of Part 1232 [Amended]
10. The heading for subpart C of part 1232 is amended by removing the word ``Program''.
Sec. 1232.13 [Amended]
11. The heading for Sec. 1232.13 is amended by removing the word ``program''. 12. Section 1232.14 is amended by revising the first sentence of paragraph (a) and paragraph (b) to read as follows:
Sec. 1232.14 Existing facilities.
(a) A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible and usable by handicapped persons. * * * (b) A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. Where structural changes are necessary to comply with paragraph (a) of this section, such changes shall be made as soon as practicable, but in no event later than three years after the effective date of the regulation. * * * * * 13. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 1232.2, first sentence............... or benefits from 1232.2, first sentence............... including volunteer programs such as including, but not limited to 1232.3(k)............................ under any programs as 1232.4(b)(1)(v)...................... program program or activity 1232.4(b)(2)......................... programs or activities aid, benefits, or services 1232.4(b)(3)(ii)..................... program program or activity 1232.4(b)(4)(i)...................... or benefits from 1232.4(c)............................ the benefits of a program aid, benefits, or services 1232.4(c)............................ from a program from aid, benefits, or services 1232.4(d)............................ programs and activities programs or activities 1232.4(f)............................ program program or activity 1232.4(f)............................ or benefiting from 1232.5(a), first sentence............ for a program or activity 1232.5(a), first sentence............ program program or activity 1232.5(c)............................ volunteer program program or activity 1232.7(a)(3)(i)...................... program program or activity 1232.7(a)(3)(ii)..................... program program or activity 1232.7(a)(3)(iii).................... program program or activity 1232.9(a)............................ or benefits from 1232.9(c)(8)......................... social those that are social 1232.9(c)(8)......................... programs 1232.9(d), last sentence............. apprenticeship programs apprenticeships 1232.9(f)............................ volunteer program program or activity 1232.10(a)........................... program program or activity 1232.10(c), introductory text........ program program or activity 1232.10(c)(1)........................ program program or activity ----------------------------------------------------------------------------------------------------------------
[[Page 76515]]
Dated: November 6, 2000. Frank Trinity, Acting General Counsel, Corporation for National and Community Service.
DEPARTMENT OF TRANSPORTATION
49 CFR Subtitle A
RIN 2105-AC96
Authority and Issuance
For the reasons set forth in the joint preamble, DOT proposes to amend 49 CFR subtitle A, parts 21 and 27 as set forth below:
PART 21--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
1. The authority citation for part 21 is revised to read as follows:
Authority: 42 U.S.C. 2000d-2000d-7.
2. Section 21.7 is amended by removing the fifth sentence of paragraph (a)(1) and by revising the heading of paragraph (b) to read as follows:
Sec. 21.7 Assurances required.
* * * * * (b) Continuing Federal financial assistance. * * * 3. Section 21.23 is amended by revising paragraph (e) to read as follows:
Sec. 21.23 Definitions.
* * * * * (e) Program or activity and program mean all of the operations of any entity described in paragraphs (e)(1) through (4) of this section, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (e)(1), (2), or (3) of this section. * * * * * 4. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 21.3(a), introductory text, first federally assisted programs and activities types of Federal financial sentence. assistance 21.3(a), introductory text, second under any such program sentence. 21.3(a)(2)........................... under any such program 21.3(a)(3)........................... under any such program 21.3(a), concluding text, first program or activity type of Federal financial sentence. assistance 21.3(a), concluding text, first such a sentence. 21.3(a), concluding text, last programs types of Federal financial sentence. assistance 21.5(b)(1), introductory text........ under any program 21.5(b)(6)........................... programs of types of Federal financial assistance administered by 21.5(c)(1), first sentence........... a program of the 21.5(c)(1), first sentence........... assistance assistance to a program 21.7(a)(1), first sentence........... to carry out a program 21.7(a)(1), first sentence........... except a program except an application 21.7(a)(1), second sentence.......... program award 21.7(a)(1), sixth sentence........... for each program 21.7(a)(1), sixth sentence........... in the program 21.7(a)(2), second sentence.......... under a program of with 21.7(a)(2), third sentence........... program statute 21.7(b).............................. to carry out a program involving for 21.7(b).............................. programs types of Federal financial assistance 21.9(b), second sentence............. of any program under in 21.9(d).............................. under for 21.15(e), first sentence............. programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 21.17(f)............................. under the program involved to which this regulation applies 21.17(f)............................. assistance will assistance to which this regulation applies will 21.17(f)............................. under such programs 21.21(a), first sentence............. under such program 21.23(d)............................. for the purpose of carrying out a program 21.23(f)............................. for any program, 21.23(f)............................. under any such program ----------------------------------------------------------------------------------------------------------------
[[Page 76516]]
PART 27--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
5. The heading for part 27 is revised to read as set forth above. 6. The authority citation for part 27 continues to read as follows:
Authority: Sec. 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit Act of 1964, as amended (49 U.S.C. 5310 (a) and (f); sec. 165(b) of the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.).
Subpart A--General
7. Section 27.5 is amended by revising the definition of Primary recipient and adding, in alphabetical order, a definition of Program or activity to read as follows:
Sec. 27.5 Definitions.
* * * * * Primary recipient means any recipient that is authorized or required to extend Federal financial assistance from the Department to another recipient. Program or activity means all of the operations of any entity described in paragraphs (1) through (4) of this definition, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship-- (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition. * * * * * 8. Section 27.7 is amended by revising the heading for paragraph (d) to read as follows:
Sec. 27.7 Discrimination prohibited.
* * * * * (d) Aid, benefits, or services limited by Federal law. * * * 9. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 27.3(a).............................. or benefits from 27.5, definition of Qualified activities services handicapped person, paragraph (2). 27.5, definition of Recipient........ for any Federal program, 27.5, definition of Recipient........ under any such program 27.7(a).............................. or benefits from 27.7(b)(1)(v)........................ program program or activity 27.7(b)(3)........................... programs or activities aid, benefits, or services 27.7(b)(4)(ii)....................... program program or activity 27.7(b)(5)(i)........................ or benefits from 27.7(b)(6)........................... or benefitting from 27.7(d).............................. In programs For aid, benefits, or services 27.9(a), first sentence.............. to carry out a program 27.9(a), first sentence.............. program will program or activity will 27.9(b)(4)........................... program program or activity 27.11(a)(3)(i)....................... program program or activity 27.11(a)(3)(ii)...................... program program or activity ----------------------------------------------------------------------------------------------------------------
10. The heading of subpart B is revised to read as follows:
Subpart B--Accessibility Requirements in Specific Operating Administration Programs: Airports, Railroads, and Highways
11. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 27.71(b), last sentence.............. programs programs or activities 27.77................................ Essential Air Service program Essential Air Service Program ----------------------------------------------------------------------------------------------------------------
Subpart C--Enforcement
[[Page 76517]]
12. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column:
---------------------------------------------------------------------------------------------------------------- Section Remove Add ---------------------------------------------------------------------------------------------------------------- 27.121(b), last sentence............. of any program under in 27.121(d)............................ program program or activity 27.125(b)(2)......................... program program or activity 27.127(f), first sentence............ programs Federal statutes, authorities, or other means by which Federal financial assistance is extended and 27.129(e), first sentence............ under the program involved to which this first regulation applies 27.129(e), last sentence............. assistance assistance to which this regulation applies ----------------------------------------------------------------------------------------------------------------
Dated: August 25, 2000. Rodney E. Slater, Secretary of Transportation.
[FR Doc. 00-29358 Filed 12-5-00; 8:45 am] BILLING CODE 3410-94-P, 7590-01-P, 6450-01-P, 8025-01-P, 7510-01-P, 3510-BP-P, 4710-10-P, 6116-01-P, 4410-13-P, 4510-23-P, 8320-01-P, 6560- 50-P, 6820-34-P, 4310-RE-P, 6718-01-P, 7555-01-P, 7536-01-P, 7536-01-P, 7036-01-P, 6050-28-P, 4910-62-P
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