# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A00-29358 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 6, 2000 - **Citation:** 65 FR 76460 ## Text 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. ( [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A00-29358. Public record. Not legal advice.