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

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.

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, Coordination and Review 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, Coordination and Review Section, Civil Rights Division, U.S. Department of Justice, (202) 307-2222 voice, (202) 307-2678 TTY, (202) 307-0595 fax.

Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the preceding paragraph.

SUPPLEMENTARY INFORMATION:

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

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

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,

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

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

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.

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:

§ 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 § 15.3, the headings for paragraphs (d)(1) through (d)(10) are revised to read as follows:

§ 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:

§ 15.4

Assurances required.

(c)

Assurances from institutions.

The assurance required with respect to an institution of higher education, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution.

5. Amend the appendix to subpart A of part 15 as follows:

a. In the heading, by removing the words “USDA-Assisted Programs” and adding, in their place, the words “Federal Financial Assistance From USDA”;

b. In the introductory text, by removing the word “Programs” and adding, in its place, the words “The types of Federal financial assistance”; and by removing the words “in which Federal financial assistance is rendered”; and

c. In the chart, by removing the column heading “Program” and adding, in its place, the column heading “Type of Federal Financial Assistance”.

6. In the table below, for each section indicated in the left column, remove the text shown in the middle column, and add the text shown in the right column:

Section

Remove

Add

15.1(b)(3)

under any such program

15.2(e)

for any program,

15.2(e)

under any such program

15.2(f)

for the purpose of carrying out a program

15.3(b)(3)

activities or programs

programs or activities

15.3(d), introductory text, first sentence

programs and activities

types of Federal financial assistance

15.3(d), introductory text, third sentence

program

type of Federal financial asistance

15.3(d), introductory text, third sentence

it

a program

15.3(d), introductory text, last sentence

listed program

listed type of Federal 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 sentence

under such program

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:

§ 15b.3

Definitions.

(p) For purposes of § 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.

§ 15b.4

[Amended]

10. In § 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:

§ 15b.18

Existing facilities.

(a)

Accessibility.

A recipient shall operate each assisted program or activity so that when each part is viewed in its entirety it is readily

accessible to and usable by qualified handicapped persons. * * *

(e)

Historic Preservation Programs; application for waiver of accessibility requirements.

(1) A recipient shall operate each assisted program or activity involving Historic Preservation Programs so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * *

§ 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”.

§ 15b.28

[Amended]

14. The heading for § 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 sentence

program

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, first sentence

program

15b.18(e)(2), introductory text, last sentence

program

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

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 Department

services

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:

§ 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

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 sentence

programs

types of Federal financial assistance

4.3, introductory text, third sentence

under any program or activity

4.3, introductory text, fourth sentence

a program

a type of Federal financial assistance

4.3, introductory text, fourth sentence

the program

a program or activity

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 § 4.22 is revised to read as follows:

§ 4.22

Continuing Federal financial assistance.

6. Section 4.24 is amended by revising paragraph (b) to read as follows:

§ 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 sentence

under such program

Subpart B—Regulations Implementing Section 504 of the Rehabilitation Act of 1973, as Amended

8. The heading of § 4.126 is revised to read as follows:

§ 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:

§ 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

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 sentence

program of activity

program or activity

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:

§ 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,

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:

§ 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:

§ 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, first sentence

mobility programs

mobility projects

Subpart D—Nondiscrimination on the Basis of Handicap—Section 504 of the Rehabilitation Act of 1973, as Amended

§ 1040.63

[Amended]

8. In § 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”.

§ 1040.71

[Amended]

9. The undesignated center heading immediately preceding § 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:

§ 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

(a), and the headings of paragraphs (a)(1), (a)(2), and (a)(3) to read as follows:

§ 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 § 1040.72(a)

1040.74(a), introductory text, second sentence

program

1040.74(a), introductory text, last sentence

program

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 where

for a program activity in which

1040.89-9(c)(1)

OEO

Office of Civil Rights and Diversity

1040.89-9(c)(2), first sentence

Federal

1040.89-11

OEO

Office of Civil Rights and Diversity

1040.89-12(b)(2)

program or activity

Federal financial assistance

1040.89-13(b), introductory text

OEO

Office of Civil Rights and Diversity

Dated: 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:

§ 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:

§ 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:

§ 117.3

Definitions.

(j) The term

program or activity

means all of the operations of any entity described in paragraphs (j)(1) through (4) of this section, any part of which is extended Federal financial assistance:

(1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or

(ii) A local educational agency (as defined in 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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.

§ 1251.103

[Amended]

10. In § 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 § 1251.301, the heading and first sentence of paragraph (a) are revised to read as follows:

§ 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:

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:

§ 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:

§ 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

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:

§ 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:

§ 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:

§ 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 whom

program, or the class of 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 sentence

program

type of Federal financial assistance

8.6(b), second sentence

student training programs

instances of student training

8.7(b), last sentence

of any program under

in

8.7(d)

program under which

program for which

8.12(e), first sentence

programs

Federal statutes, authorities, or other means by which Federal financial assistance is extended and

8.13(f)

under the program involved

to which this regulation applies

8.13(f)

assistance will

assistance to which this regulation applies will

8.13(f)

under such program

8.15(a), introductory text, first sentence

under such program

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:

§ 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:

§ 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:

§ 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

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 § 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 § 20.2 is revised to read as follows:

§ 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:

§ 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

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:

§ 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 sentence

program in which

program for which

1302.2, introductory text, second sentence

programs

types of Federal financial assistance

1302.2(b)

under any such program

1302.2(c)

under any such program

1302.2, concluding text, first sentence

a program

a type of Federal financial assistance

1302.2, concluding text, first sentence

such program

a program

1302.2, concluding text, last sentence

programs

types of Federal financial 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 sentence

under such program

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:

§ 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

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 § 1307.4 is revised to read as follows:

§ 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:

§ 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, second sentence

make covered programs or activities in existing facilities recipient accessible

comply with paragraph (b)(1) 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:

§ 1309.1

What are the defined terms in this part and what do they mean?

(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 § 1309.4 is revised to read as follows:

§ 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:

§ 141.3

Discrimination prohibited.

(c) Special benefits. * * *

3. Section 141.4 is amended by revising paragraph (b)(2) to read as follows:

§ 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:

§ 141.12

Definitions.

(f) The terms

program or activity

and

program

mean all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance:

(1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in 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 activities.

types of Federal financial assistance

141.2, second sentence

under any such program

141.2(b)

under any such program

141.2(c)

under any such program

141.2, penultimate

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:

§ 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:

§ 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:

Subpart C—Accessibility

12. Section 142.16 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

§ 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 sentence

all programs

all programs or activities

142.2, introductory text, first sentence

federally-assisted programs and activities

types of Federal financial assistance

142.2, introductory text, second sentence

under any such program

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 § 143.2 is revised to read as follows:

§ 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:

§ 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),

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:

§ 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:

§ 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:

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:

§ 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:

§ 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:

§ 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

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 § 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 § 218.02 is revised to read as follows:

§ 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:

§ 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:

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:

§ 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:

§ 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:

§ 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 sentence

under any such program

42.104(b)(1), introductory text

under any program

42.105(a)(1), first sentence

to carry out a program

42.105(a)(1), fourth sentence

for each program

42.105(a)(1), fourth sentence

in the program

42.105(a)(2), first sentence

through a program of

with

42.105(a)(2), second sentence

under a program of

with

42.105(a)(2), last sentence

program

statute

42.105(d), introductory text

administering a program which receives

applying for

42.106(b), last sentence

of any program under

in

42.106(d)

program under which

program for which

42.109(e), first sentence

programs

Federal statutes, authorities, or other means by which Federal financial assistance is extended and

42.110(f)

under the program involved

to which this regulation applies

42.110(f)

assistance will

assistance to which this regulation applies will

42.110(f)

under such program

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.

§ 42.520

[Amended]

8. The undesignated center heading immediately preceding § 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:

§ 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:

§ 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 o

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