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Proposed Rule

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

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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.

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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.

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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 Start Printed Page 76461let 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 Start Printed Page 76462effective 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, Start Printed Page 76463that 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 Start Printed Page 76464implementing 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 Start Printed Page 76465discrimination 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.

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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:

Start Part

PART 15—NONDISCRIMINATION

1. The authority citation for part 15 continues to read as follows:

Start Authority

Authority: 5 U.S.C. 301; 29 U.S.C. 794.

End Authority

2. Section 15.2 is amended by revising paragraph (k) to read as follows:

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:

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:

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”. Start Printed Page 76467

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

SectionRemoveAdd
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 programsprograms or activities
15.3(d), introductory text, first sentenceprograms and activitiestypes of Federal financial assistance
15.3(d), introductory text, third sentenceprogramtype of Federal financial asistance
15.3(d), introductory text, third sentenceita program
15.3(d), introductory text, last sentencelisted programlisted type of Federal financial assistance
15.3(d)(1)(ii)activity ofactivity funded by
15.3(d)(3)(i)direct distribution programDirect Distribution Program
15.3(d)(3)(iii)programProgram
15.3(d)(4)(i)programProgram
15.3(d)(4)(ii)programProgram
15.3(d)(5)(i)programProgram
15.3(d)(6)(i)programProgram
15.3(d)(6)(iv)programProgram
15.3(d)(7)(v)price support programPrice Support Program
15.3(d)(10)(ii)cooperative research programCooperative Research Program
15.4(a)(1), first sentenceto carry out a program
15.4(a)(1), first sentenceexcept a programexcept an application
15.4(b)to carry out its program for or activity involving
15.5(a), second sentenceprogramsFederal financial assistance
15.5(a), second sentenceprogram
15.5(b), second sentenceof any program underin
15.5(d)program underprogram for
15.9(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
15.10(f)under the program involvedto which this regulation applies
15.10(f)assistance willassistance to which this regulation applies will
15.10(f)under such program
15.12(a), introductory text, first sentenceunder such program
End Part Start Part

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:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

9. Section 15b.3 is amended by revising paragraph (p) and adding a new paragraph (s) to read as follows:

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.

[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:

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 Start Printed Page 76468accessible 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. * * *

* * * * *
[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”.

[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:

SectionRemoveAdd
15b.2, first sentenceprograms and activitiesprograms or activities
15b.2, last sentencetailored to specific programsmore specifically tailored
15b.4(b)(1)(v)programprogram or activity
15b.4(b)(3)programs or activitiesaid, benefits, or services
15b.4(b)(4)(ii)programprogram or activity
15b.4(b)(5)(i)or benefits from
15b.4(b)(6)or benefiting from
15b.4(c)the benefits of a programaid, benefits, or services
15b.4(c)from a programfrom aid, benefits, or services
15b.5(a), first sentencefor a program or activity
15b.5(a), first sentencethe program willthe program or activity will
15b.7(a), second sentenceprograms and activitiesprograms or activities
15b.8(a)(3)(i)programprogram or activity
15b.8(a)(3)(ii)programprogram or activity
15b.8(a)(3)(iii)programprogram or activity
15b.10programsprograms or activities
15b.11programs and activitiesprograms or activities
15b.12(a)(3), last sentenceapprenticeship programsapprenticeships
15b.12(b)(8)socialthose that are social
15b.12(b)(8)programs
15b.13(a)programprogram or activity
15b.13(c), introductory textprogramsprograms or activities
15b.13(c)(1)programprogram or activity
15b.16programs and activitiesprograms or activities
15b.18(b), last sentenceoffer programs and activities toserve
15b.18(b), last sentenceto obtain the full benefits of the program
15b.18(d)program accessibilityaccessibility
15b.18(d)the programthe program or activity
15b.18(e)(1), introductory text, last sentenceprogram
15b.18(e)(1)(iv), first sentenceprogram
15b.18(e)(1)(iv), first sentencehistoric preservation programHistoric Preservation Program
15b.18(e)(1)(iv), last sentenceprogram accessibilityaccessibility
15b.18(e)(2), introductory text, first sentenceprogram
15b.18(e)(2), introductory text, last sentenceprogram
15b.18(e)(2)(iii)programprogram or activity
15b.18(g)(3)program accessibilityaccessibility under paragraph (a) of this section
15b.20programs and activitiesprograms or activities
15b.21, introductory textprogramprogram or activity
15b.22(a)programprogram or activity
15b.22(b)(2)individualized education programIndividualized Education Program
15b.22(b)(3), first sentencein
15b.22(b)(3), first sentenceto a programfor aid, benefits, or services
15b.22(b)(3), first sentencethe onethose
15b.22(b)(3), first sentenceoperatesoperates or provides
15b.22(c)(1), second sentenceto a programfor aid, benefits, or services
15b.22(c)(1), second sentenceoperatedoperated or provided
15b.22(c)(1), second sentencethe programaid, benefits, or services
15b.22(c)(2)person inperson
15b.22(c)(2)to a programfor aid, benefits, or services
15b.22(c)(2)not operatednot operated or provided
15b.22(c)(2)the programaid, benefits, or services
Start Printed Page 76469
15b.22(c)(3)placement in
15b.22(c)(3)programplacement
15b.22(c)(4), last sentencesuch a programa free appropriate education
15b.24(a)program shallprogram or activity shall
15b.24(a)a regular or special education programregular or special education
15b.25, first sentenceoperates aprovides
15b.25, first sentenceeducation programeducation
15b.26(c)(1), first sentenceprograms and activitiesaid, benefits, or services
15b.26(c)(1), last sentencein these activities
15b.27(a), first sentenceoperates anprovides
15b.27(a), first sentenceprogram or activity receiving assistance from this Department
15b.27(a), first sentencefrom the program or activity
15b.27(a), last sentenceunder the program or activity
15b.27(b)(1), first sentenceprogram servicesaid, benefits, or services
15b.27(b)(2), first sentenceprogram servicesaid, benefits, or services
15b.27(b)(2), second sentenceprogram benefitsaid, benefits, or services
15b.27(b)(3), first sentenceprogram servicesaid, benefits, or services
15b.27(b)(3), second sentenceprogram benefitsaid, benefits, or services
15b.27(c), first sentenceprogram
15b.28(a), first sentenceoperates aprovides
15b.28(a), first sentenceprogram receiving assistance from this Department
15b.28(a), first sentencefrom such program
15b.29programs and activitiesprograms or activities
15b.31(a)program or activityaid, benefits, or services
15b.31(d)programs and activitiesprograms or activities
15b.32(a), second sentenceprogram 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 sentenceprograms and activitiesaid, benefits, or services
15b.36programs and activitiesaid, benefits, or services
15b.39, first sentenceactivity foractivity that provides aid, benefits, or services for
15b.39, first sentenceprogram, or activityprogram or activity
15b.40(a), first sentenceoperateprovide
15b.40(a), first sentenceservice programs assisted by this Departmentservices
15b.41(a)a multi-family rental housing programmulti-family rental housing
15b.41(b)(2)program
15b.41(c), first sentenceprogram
15b.41(c), last sentenceprogram
Start Signature

Dated: November 9, 2000.

Peter G. Parham,

Acting Director, Office of Civil Rights, Department of Agriculture.

End Signature

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:

End Part Start Part

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:

Start Authority

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).

End Authority

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:

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 Start Printed Page 76470organization, 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:

SectionRemoveAdd
4.3, introductory text, second sentenceprogramstypes of Federal financial assistance
4.3, introductory text, third sentenceunder any program or activity
4.3, introductory text, fourth sentencea programa type of Federal financial assistance
4.3, introductory text, fourth sentencethe programa 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:

Continuing Federal financial assistance.
* * * * *

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

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:

SectionRemoveAdd
4.12(a), introductory textunder any program
4.13(a), first sentencea program ofthe
4.13(a), first sentenceassistanceassistance to a program
4.13(a), second sentencesuch programssuch Federal financial assistance
4.13(a), second sentencefellowship programsfellowships
4.21(a), first sentenceunder a program
4.21(a), first sentenceexcept a programexcept an application
4.21(a), fifth sentencefor each program
4.21(a), fifth sentencein the program
4.21(b), third sentenceprogramstatute
4.22to carry out a program involvingfor
4.32(b)of any program underin
4.34program under whichprogram for which
4.51(a)(4), under the program involved
4.64, first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
4.64, last sentenceprograms subject to this subpart arethis regulation is
4.74, first sentenceunder the program involvedto which this regulation applies
4.74, first sentenceassistance willassistance to which this regulation applies will
4.74, first sentenceunder such program
4.91, introductory text, first sentenceunder 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:

General requirement concerning accessibility.
* * * * *

9. Section 4.127 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

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:

SectionRemoveAdd
4.121(a)or benefits from
Start Printed Page 76471
4.121(b)(1)(v)programprogram or activity
4.121(b)(2)programs or activitiesaid, benefits, or services
4.121(b)(3)(ii)programprogram or activity
4.121(b)(4)(i)or benefits from
4.121(c)the benefits of programaaid, benefits, or services
4.121(c)a programaid, benefits, or services
4.121(d)programs and activitiesprograms or activities
4.122(a)or benefits from
4.122(c)(8)socialthose that are social
4.122(c)(8)programs
4.122(d), last sentenceapprenticeship programsapprenticeships
4.123(a)programprogram or activity
4.123(c), introductory textprogramprogram or activity
4.123(c)(1)programprogram or activity
4.126or benefits from
4.127(b), last sentenceoffer programs and activities toserve
4.127(d)(3)program accessibilityaccessibility under paragraph (a) of this section
4.231(a), first sentencefor a program or activity
4.231(a), first sentencethe programthe program or activity
4.231(c)(3)(i)programprogram or activity
4.231(c)(3)(ii)programprogram or activity
4.232(a), second sentenceprograms and activitiesprograms or activities

Subpart C—Regulations Implementing the Age Discrimination Act of 1975, as Amended

End Part

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:

SectionRemoveAdd
4.313, introductory text, first sentenceprogram of activityprogram or activity
4.321, first sentenceprograms and activitiesprograms or activities
4.321, second sentenceprograms and activitiesprograms or activities
4.334(a)(2), last sentenceprogram
4.336(c)(2), first sentenceFederal
4.338(c)programprogram or activity
4.339(b)(2)program or activityFederal financial assistance
4.341(b)programsprograms or activities
4.341(c)programsprograms or activities
4.341(d)programsprograms or activities
Start Signature

Dated: August 25, 2000.

William D. Travers,

Executive Director for Operations, Nuclear Regulatory Commission.

End Signature

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:

Start Part

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:

Start Authority

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.

End Authority

Subpart A—General Provisions

3. Section 1040.3 is amended by revising paragraph (u) to read as follows:

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, Start Printed Page 76472health 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:

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:

SectionRemoveAdd
1040.1, first sentencethe program or activitythe Federal financial assistance
1040.1, first sentenceprogram servicesservices
1040.2(a), second sentenceProgramsTypes of Federal financial assistance
1040.2(a), fourth sentenceunder any program or activity
1040.2(a), last sentencea programa type of Federal financial assistance
1040.2(a), last sentencethe programthat a program or activity
1040.3(a)programaid, benefit, service
1040.3(t)for the purpose of carrying out a program
1040.4(a), first sentencefor a program or activity
1040.4(f), introductory textadministering a program which receivesapplying for
1040.4(f)(1)programprogram or activity
1040.5(b), first sentenceor programsor activity
1040.5(b), second sentenceprogramsprograms or activities
1040.5(b), last sentencebroadcast programbroadcast
1040.5(b), last sentencethe programthe program or activity
1040.5(b), last sentenceopportunity programopportunity program or activity
1040.5(c), first sentenceprogramprogram or activity
1040.6(a) second sentenceprograms and activitiesprograms or activities
1040.7(b)a program that willto

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:

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:

SectionRemoveAdd
1040.11(b), first sentenceadministering,administering or
1040.11(b), first sentenceor substantially benefiting from
1040.12(b), first sentenceprograms and activitiesprograms or activities
1040.13(b), introductory textunder any program
1040.13(c)program objectivesobjectives of the program
1040.13(g), first sentencefrom programsfrom benefits
1040.13(g), last sentencethe benefits of a programbenefits
1040.13(g), last sentenceprograms fundedFederal financial assistance provided
1040.14(a)(1), introductory text, first sentencemobility programsmobility projects

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

[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”.

[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:

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 Start Printed Page 76473(a), and the headings of paragraphs (a)(1), (a)(2), and (a)(3) to read as follows:

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:

SectionRemoveAdd
1040.61(b)or benefits from
1040.63(a)or benefits from
1040.63(b)(1)(v)programprogram or activity
1040.63(b)(3)program or activitiesaid, benefits, or services
1040.63(b)(4)(ii)programprogram or activity
1040.63(b)(6)or benefiting from
1040.63(c)the benefits of a programaid, benefits, or services
1040.63(c)from a programfrom aid, benefits, or services
1040.63(d)programs of activitiesprograms or activities
1040.64(c), first sentenceunder any program to whichunder any program or activity to which
1040.64(c), first sentenceassistance under any program forassistance for
1040.66(a)(3), last sentenceapprenticeship programsapprenticeships
1040.66(b)(8)socialthose that are social
1040.66(b)(8)programs
1040.67(a)programprogram or activity
1040.67(c), introductory textprogramprogram or activity
1040.67(c)(1)programprogram or activity
1040.72(b), last sentenceoffer programs and activities toserve
1040.72(d)(3)program accessibilityaccessibility under § 1040.72(a)
1040.74(a), introductory text, second sentenceprogram
1040.74(a), introductory text, last sentenceprogram
1040.74(a)(1)(i)programsaid, benefits, or services
1040.74(a)(1)(iii)programs or activitiesaid, benefits, or services
1040.74(a)(1)(iv)programsaid, benefits, or services
1040.74(a)(2), first sentenceprogram
1040.74(a)(2), first sentenceProgram
1040.74(a)(3), first sentenceprogram
1040.74(a)(3), first sentenceProgram

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:

Start Authority

Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); 45 CFR part 90.

End Authority

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:

SectionRemoveAdd
1040.81, last sentenceprograms and activitiesprograms or activities
1040.82(a)or benefits from
1040.83(i)programs and activitiesprograms or activities
1040.88(a)Office of Equal Opportunity (OEO)Office of Civil Rights and Diversity
1040.88(c)programprogram or activity
1040.89-1, first sentenceprogram and activitiesprograms or activities
1040.89-5(a), third sentenceOffice of Equal Opportunity (OEO)Office of Civil Rights and Diversity
1040.89-5(a), last sentenceOEOOffice of Civil Rights and Diversity
1040.89-5(b), introductory textOEOOffice of Civil Rights and Diversity
1040.89-5(c), first sentenceOEOOffice of Civil Rights and Diversity
1040.89-6(b), second sentenceOEOOffice of Civil Rights and Diversity
1040.89-6(c), second sentenceOEOOffice of Civil Rights and Diversity
1040.89-6(e)OEOOffice of Civil Rights and Diversity
1040.89-7(a)(1)OEOOffice of Civil Rights and Diversity
1040.89-7(a)(3)OEOOffice of Civil Rights and Diversity
1040.89-7(b), first sentenceOEOOffice of Civil Rights and Diversity
1040.89-9(a), introductory textProgramsPrograms or Activities
1040.89-9(a)(1), first sentenceunder the program or or activity involved wherefor a program activity in which
1040.89-9(c)(1)OEOOffice of Civil Rights and Diversity
Start Printed Page 76474
1040.89-9(c)(2), first sentenceFederal
1040.89-11OEOOffice of Civil Rights and Diversity
1040.89-12(b)(2)program or activityFederal financial assistance
1040.89-13(b), introductory textOEOOffice of Civil Rights and Diversity
Start Signature

Dated: October 4, 2000.

T.J. Glauthier,

Deputy Secretary, Department of Energy.

End Signature

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:

End Part Start Part

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:

Start Authority

Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1).

End Authority

2. Section 112.2 is amended by adding paragraph (e) to read as follows:

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:

SectionRemoveAdd
112.2(a)assistance under programsFederal financial assistance
112.3(b)(3), first sentencethe programa program
112.8, last sentencefor each program
112.8, last sentencein the program
End Part Start Part

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:

Start Authority

Authority: Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.

End Authority

8. Section 117.2 is amended by revising paragraph (a) to read as follows:

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:

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; Start Printed Page 76475

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (j)(1), (2), or (3) of this section.

* * * * *

Appendix A to Part 117 [Amended]

10. The chart in appendix A to part 117 is amended by removing the words “Name of program” and adding, in their place, the words “Type of Federal financial assistance”.

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

SectionRemoveAdd
117.1programsprograms or activities
117.3(j), first sentenceunder any program
117.4(b)(2)programsprograms or activities
117.5(b), first sentencein a program
117.6(b)business or programprogram or activity
117.6(c)programprogram or activity
117.7, first sentenceunder any program
117.7, last sentencefor each program,
117.7, last sentencein the program
117.8(a), first sentenceprograms and activitiesprograms or activities
117.8(c)its program beneficiariesthe beneficiaries of its programs or activities
117.15(a)(3), first sentenceprogram
117.17(f)under the programs involvedto which this regulation applies
117.17(f)assistance willassistance to which this regulation applies will
117.17(f)under such program
117.19(a)(9)programprogram or activity
117.20, first sentenceprogramsprograms or activities
Start Signature

Dated: August 23, 2000.

Fred P. Hochberg,

Acting Administrator, Small Business Administration.

End Signature

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:

End Part Start Part

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:

Start Authority

Authority: Sec. 602, 78 Stat. 252, 42 U.S.C. 2000d-1 and the laws listed in appendix A to this part.

End Authority

2. Section 1250.102 is amended by revising paragraph (h) to read as follows:

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:

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:

Start Printed Page 76476
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:

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:

SectionRemoveAdd
1250.101(a)(1), first sentencefederally-assisted programs and activitiestypes of Federal financial assistance
1250.101(a)(1), second sentenceprogram or activitytype of Federal assistance
1250.101(a)(1), second sentencesuch programa program
1250.101(a)(1), last sentenceprogramstypes of Federal financial assistance
1250.101(a)(2)under any such program
1250.101(b)(2)extended under any such programextended
1250.101(b)(3)beneficiary under any such programbeneficiary
1250.101(b)(5)programstypes of Federal financial assistance
1250.101(b)(6)programstypes 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 textunder any program
1250.103-3(b)programstypes of Federal financial assistance
1250.103-4(a)programsservices
1250.103-5the benefits of a programbenefits
1250.104(a), first sentenceto carry out a program
1250.104(e), second sentenceunder a program ofwith
1250.104(e), last sentenceprogramstatute
1250.105(b), last sentenceof any program underin
1250.105(d)program underprogram for
1250.108(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
1250.109(f)under the program involvedto which this regulation applies
1250.109(f)assistance willassistance to which this regulation applies will
1250.109(f)under such program
1250.111(a), first sentenceunder such program
End Part Start Part

PART 1251—NONDISCRIMINATION ON BASIS OF HANDICAP

8. The authority citation for part 1251 continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

9. Section 1251.102 is amended by adding paragraph (k) to read as follows:

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.

[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:

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: Start Printed Page 76477

SectionRemoveAdd
1251.101or benefits from
1251.103(a)or benefits from
1251.103(b)(1)(v)programprogram or activity
1251.103(b)(3)programprogram or activity
1251.103(b)(3)or benefiting from
1251.103(b)(4)programs or activitiesaid, benefits, or services
1251.103(b)(5)(ii)programprogram or activity
1251.103(b)(6)(i)or benefits from
1251.103(b)(7)or benefiting from
1251.103(c)the benefits of a programaid, benefits, or services
1251.103(c)from a programfrom aid, benefits, or services
1251.104(a), first sentencefor a program activity
1251.104(a), first sentencethe programthe program or activity
1251.105(a)(3)(i)programprogram or activity
1251.105(a)(3)(ii)programprogram or activity
1251.105(a)(3)(iii)programprogram or activity
1251.107(a), second sentenceprograms and activitiesprograms or activities
1251.200(a)(2)programsprograms or activities
1251.200(a)(4), last sentenceapprenticeship programsapprenticeships
1251.200(b)(8)socialthose that are social
1251.200(b)(8)programs
1251.200(d), last sentenceapprenticeship programsapprenticeships
1251.201(a)programprogram or activity
1251.201(c), introductory textprogramprogram or activity
1251.201(c)(1)programprogram or activity
1251.301(b), last sentenceoffer programs and activities toserve
1251.301(d)(3)program accessibilityaccessibility under paragraph (a) of this section
End Part Start Part

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:

Start Authority

Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq. (45 CFR part 90).

End Authority

16. Section 1252.102 is amended by revising the heading to read as follows:

To what programs or activities do these regulations apply?
* * * * *

17. Section 1252.103 is amended by adding paragraph (n) to read as follows:

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:

SectionRemoveAdd
1252.100, last sentenceprograms and activitiesprograms or activities
1252.102(a)or benefits from
1252.203programprogram or activity
1252.300programs and activitiesprograms or activities
1252.403(a)(2), last sentenceprogram
1252.405(b), first sentenceprogram activityprogram or activity
1252.405(c)(2), first sentenceFederal
1252.409(b)(2)program or activityFederal financial assistance
Start Signature
Start Printed Page 76478

Dated: September 11, 2000.

Daniel S. Goldin,

Administrator, National Aeronautics and Space Administration.

End Signature

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:

End Part Start Part

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:

Start Authority

Authority: Sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d-1).

End Authority

2. Section 8.3 is amended by revising paragraph (g) to read as follows:

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:

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:

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:

SectionRemoveAdd
8.2(a), first sentencefederally assisted programstypes of Federal financial assistance
8.2(a), last sentenceunder any such program
8.2(b)(2)under any such program
8.2(b), second sentencea programa type of Federal financial assistance
8.2(b), second sentnecesuch programa program
8.2(b), last sentenceprogramstypes of Federal financial assistance
8.3(i), first sentencefor or in connection with any program
8.3(i), last sentenceunder any program
8.3(j)for the purpose of carrying out a program
8.4(b)(1), introductory textunder 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 whomprogram, or the class of persons to whom
8.4(c)(1), third sentenceprogramplan
8.5(a), first sentenceto carry out a program
8.5(b)(3)That in a program involvingWhen
8.5(b)(3)assistance,assistance is involved,
8.5(b)(5), third sentenceprogramstatute
8.6, introductory text, second sentenceprogramtype of Federal financial assistance
8.6(b), second sentencestudent training programsinstances of student training
8.7(b), last sentenceof any program underin
8.7(d)program under whichprogram for which
8.12(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
8.13(f)under the program involvedto which this regulation applies
8.13(f)assistance willassistance to which this regulation applies will
Start Printed Page 76479
8.13(f)under such program
8.15(a), introductory text, first sentenceunder such program
End Part Start Part

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:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

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:

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:

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:

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:

SectionRemoveAdd
8b.1, first sentenceor benefiting from
8b.1, last sentenceprograms and activitiesprograms or activities
8b.1, last sentenceor benefiting from
8b.2, first sentenceprogramprogram or activity
8b.2, first sentenceor benefiting from
8b.2, last sentenceprogramprogram or activity
8b.4(a)or benefits from
8b.4(b)(1)(v)programprogram or activity
8b.4(b)(3)programs or activitiesaid, benefits, or services
8b.4(b)(4)(ii)programprogram 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 programaid, benefits, or services
8b.4(c)from a programfrom aid, benefits, or services
8b.4(d)programs and activitiesprograms or activities
8b.5(a), first sentencefor a program or activity
8b.5(a), first sentencethe programthe program or activity
8b.5(b)(3)programprogram or activity
8b.5(d)a programthe objectives of Federal financial assistance
8b.5(d)programs and activitiesprograms or activities
8b.6(a)(3)(i)programprogram or activity
8b.6(a)(3)(ii)programprogram or activity
8b.8(a), second sentenceprograms and activitiesprograms or activities
8b.10(a)programsprograms or activities
8b.11(a)(1)or benefits from
8b.11(a)(3), last sentenceapprenticeship programsapprenticeships
8b.12(a)programprogram or activity
Start Printed Page 76480
8b.12(b)(1)programprogram or activity
8b.12(c), introductory textprogramprogram or activity
8b.12(c)(1)programprogram or activity
8b.12(e)programprogram or activity
8b.17(a), third sentenceprogramaid, benefit, or service
8b.17(a), last sentenceProgram accessibilityAccessibility
8b.17(a), last sentenceprogramaid, benefit, or service
8b.17(b), last sentenceoffer programs and activities toserve
8b.17(e)(3)program accessibilityaccessibility under § 8b.17(a)
8b.19programs and activitiesprograms or activities
8b.19or benefit from
8b.21(a)program or activityaid, benefits, or services
8b.21(d)programs and activitiesprogram or activity
8b.22(a), second sentenceprogram of
8b.22(c)in its program
8b.22(d)(1), first sentenceunder the education program or activity operated by the recipient
8b.25(a)(1), first sentenceprograms and activitiesaid, benefits, or services
End Part Start Part

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:

Start Authority

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.

End Authority

16. The heading of § 20.2 is revised to read as follows:

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:

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:

SectionRemoveAdd
20.1, last sentenceprograms and activitiesprograms or activities
20.2(a)or benefits from
20.4(d)programprogram or activity
20.7, introductory textprograms and activitiesprograms or activities
20.7(a), first sentenceprogramprogram or activity
20.13(a)(2),last sentenceprogram
20.15(a)(1), last sentenceprogramprogram or activity
20.15(b)program and activityprogram or activity
20.15(c)(2), first sentenceFederal
20.18(b)(2)program or activityFederal financial assistance
Start Signature
Start Printed Page 76481

Dated: August 11, 2000.

Lawrence N. Self,

Acting Director, Office of Civil Rights, Department of Commerce.

End Signature

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:

End Part Start Part

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:

Start Authority

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.

End Authority

2. Section 1302.3 is amended by adding a new paragraph (e) to read as follows:

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:

SectionRemoveAdd
1302.2, introductory text, first sentenceprogram in whichprogram for which
1302.2, introductory text, second sentenceprogramstypes of Federal financial assistance
1302.2(b)under any such program
1302.2(c)under any such program
1302.2, concluding text, first sentencea programa type of Federal financial assistance
1302.2, concluding text, first sentencesuch programa program
1302.2, concluding text, last sentenceprogramstypes of Federal financial assistance
1302.4(b)(1), introductory textunder any program or activity
1302.5(a), last sentencein the program
1302.5(b), first sentencethrough a program ofwith
1302.5(b), second sentenceunder a program ofwith
1302.5(b), third sentenceprogramstatute
1302.6(b), last sentenceof any program underin
1302.6(d)program under whichprogram for which
1302.7(b)(3)(ii)programprograms
1302.7(c)(3)(ii)(B)programprograms
1302.9(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
1302.10(f)under the program involvedto which this regulation applies
1302.10(f)assistance willassistance to which this regulation applies will
1302.10(f)under such program
1302.12(a), introductory text, first sentenceunder such program
End Part Start Part

PART 1307—NONDISCRIMINATION WITH RESPECT TO HANDICAP

4. The authority citation for part 1307 continues to read as follows:

Start Authority

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).

End Authority

5. Section 1307.1 is amended by adding paragraph (k) to read as follows:

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 Start Printed Page 76482organization, 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:

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:

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:

SectionRemoveAdd
1307.3, first sentenceprogram in whichprogram or activity for which
1307.3, first sentenceunder any program
1307.3, first sentenceunder any such program
1307.4(b)(1), introductory textunder any program
1307.4(b)(1)(i)programprogram or activity
1307.4(b)(1)(ii)programprogram or activity
1307.4(b)(1)(iii)programprogram or activity
1307.4(b)(1)(iv)programprogram or activity
1307.4(b)(1)(v)programprogram or activity
1307.4(b)(1)(vi)programprogram or activity
1307.4(b)(1)(vii)programprogram or activity
1307.4(b)(2)programprogram or activity
1307.4(b)(2)activitiesaid, benefits, or services
1307.4(b)(3)(ii)programprogram or activity
1307.4(b)(4)program,program or activity,
1307.4(b)(4)(i)programprogram or activity
1307.4(c)the benefits of a programaid, benefits, or services
1307.4(c)from a programfrom aid, benefits, or services
1307.4(d), first sentenceprograms and activitiesprograms or activities
1307.4(d), last sentenceprogramsaid, benefits, or services
1307.5(c)(8)socialthose that are social
1307.5(c)(8)programs
1307.5(d)apprenticeship programsapprenticeships
1307.5(e)(2)(i)programsprograms or activities
1307.6(a)programprogram or activity
1307.6(b)(1), third sentenceprogram
1307.6(b)(1), last sentenceprograms or activitiesaid, benefits, or services
1307.6(b)(2), introductory text, second sentencemake covered programs or activities in existing facilities recipient accessiblecomply with paragraph (b)(1) of this section
1307.6(c), second sentenceprogram
1307.6(c), fourth sentenceprogram
1307.6(d)(1)programprogram or activity
1307.7(a), last sentencein the program
1307.7(b), first sentencethrough a program ofwith
1307.7(b), second sentenceunder a program ofwith
1307.7(b), third sentenceprogramstatute
1307.8(b), last sentenceof any program underin
1307.8(d)program under whichprogram or activity for which
1307.10(c), last sentenceprogramprogram or activity
1307.11(e) first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
1307.12(f)under the program involvedto which this regulation applies
1307.12(f)assistance willassistance to which this regulation applies will
1307.12(f)under such program
1307.13(a)(2)programprogram or activity
1307.13(b), first sentenceprogramsprograms or activities
End Part Start Part

PART 1309—NONDISCRIMINATION WITH RESPECT TO AGE

9. The authority citation for part 1309 continues to read as follows:

Start Authority

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).

End Authority

10. Section 1309.1 is amended by adding paragraph (m) to read as follows:

What are the defined terms in this part and what do they mean?
* * * * *
Start Printed Page 76483

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.

11. The heading for § 1309.4 is revised to read as follows:

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:

SectionRemoveAdd
1309.2, last sentenceprograms and activitiesprograms or activities
1309.9(a), last sentencein the program
1309.9(b), second sentenceunder a program ofwith
1309.9(b), third sentenceprogramstatute
1309.10(a), first sentenceprograms and activitiesprograms or activities
1309.12(a), last sentenceof any program underin
1309.12(c)program under whichprogram or activity for which
1309.14(a), third sentenceprogram
1309.14(d)(2), last sentenceprogram
1309.15(b), first sentenceprogramprogram
139.15(c)(2), first sentencethe TVA programthe program
1309.16, last sentenceprogram or activityFederal financial assistance
1309.17(e), first sentenceprogramsFederal statutes, authorities, of other means by which Federal financial assistance is extended and
1309.17(f)(3)under the program involvedto which this regulation applies
1309.17(f)(3)assistance willassistance to which this regulations applies will
1309.17(f)(3)under such program
1309.18(c)programprogram or activity
Start Signature

Dated: August 30, 2000.

Franklin E. Alford,

Manager, Supplier and Diverse Business Relations, Tennessee Valley Authority.

End Signature

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:

End Part Start Part

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:

Start Authority

Authority: Sec. 602, 78 Stat. 252, sec. 4, 63 Stat. 111, as amended; 42 U.S.C. 2000d-1, 22 U.S.C. 2658.

End Authority

2. Section 141.3 is amended by revising the heading of paragraph (c) to read as follows:

Discrimination prohibited.
* * * * *

(c) Special benefits. * * *

* * * * *

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

Assurances required.
* * * * *

(b) * * * (2) The assurance required with respect to an institution of higher education, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution.

* * * * *

4. Section 141.12 is amended by revising paragraph (f) to read as follows:

Definitions.
* * * * *

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

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

(ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; Start Printed Page 76484

(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section.

* * * * *

Appendix A to Part 141 [Amended]

5. The heading for appendix A to part 141 is amended by removing the words “Grants and Activities” and adding, in their place, the words “Federal Financial Assistance”.

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

SectionRemoveAdd
141.2, first sentencefederally-assisted programs and activities.types of Federal financial assistance
141.2, second sentenceunder any such program
141.2(b)under any such program
141.2(c)under any such program
141.2, penultimateprogram or activitytype of Federal financial assistance
141.2, penultimatesuch programa program sentence
141.3(b)(1), introductory textunder any program
141.3(c)the benefits of a programbenefits
141.4(a)(1), first sentenceto carry out a program
141.4(a)(2), third sentencea program of
141.4(a)(3), first sentencefor each program,
141.4(a)(3), first sentencein the program
141.4(b)(1)a student loan programstudent loans
141.5(b), last sentenceof any program underin
141.5(d)program under whichprogram for which
141.8(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
141.9(f)under the program involvedto which this regulation applies
141.9(f)assistance willassistance to which this regulation applies will
141.9(f)under such program
141.12(c)the program extending
141.12(g)for any program,
141.12(g)under any such program
141.12(h)for the purpose of carrying out a program
End Part Start Part

PART 142—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

7. The heading for part 142 is revised to read as set forth above.

8. The authority citation for part 142 continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

9. Section 142.3 is amended by adding paragraph (m) to read as follows:

Definitions.
* * * * *

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.

10. Section 142.4 is amended by revising the heading of paragraph (c) to read as follows:

Discrimination prohibited.
* * * * *

(c) Aid, benefits, or services limited by Federal law. * * *

* * * * *

11. The heading for subpart C is revised to read as follows:

Start Printed Page 76485

Subpart C—Accessibility

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

Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * *

* * * * *

Appendix to Part 142 [Amended]

13. The heading for appendix A to part 142 is amended by removing the words “Grants and Activities” and adding, in their place, the words “Federal Financial Assistance”.

14. The introductory text for appendix A to part 142 is amended by removing the words “Programs of” and adding, in their place, the words “Types of Federal”.

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

SectionRemoveAdd
142.2, introductory text, first sentenceall programsall programs or activities
142.2, introductory text, first sentencefederally-assisted programs and activitiestypes of Federal financial assistance
142.2, introductory text, second sentenceunder any such program
142.2(b)under any such program
142.2(c)under any such program
142.2(d), last sentenceprogramFederal financial assistance
142.4(a)or benefits from
142.4(b)(1)(v)recipients programrecipient's program or activity
142.4(b)(3)programs or activitiesaid, benefits, or services
142.4(b)(4)(ii)programprogram or activity
142.4(b)(5)(i)or benefits from
142.4(b)(6)or benefiting from
142.4(c)the benefits of a programaid, benefits, or services
142.4(d)programs and activitiesprograms or activities
142.4(e)programs and activitiesprograms or activities
142.5(a), first sentencefor a program or activity
142.5(a), first sentenceprogram willprogram or activity will
142.6(a)(3)(i)programprogram or activity
142.6(a)(3)(ii)programprogram or activity
142.8(a), second sentenceprograms and activitiesprograms or activities
142.11(a)(3), last sentenceapprenticeship programsapprenticeships
142.11(b)(8)socialthose that are social
142.11(b)(8)programs
142.12(a)programprogram or activity
142.12(c), introductory textprogramprogram or activity
142.12(c)(1)programprogram or activity
142.16(b), last sentenceoffer programs and activities toserve
142.16(d)(3)program accessibilityaccessibility under paragraph (a) of this section
142.41programs and activitiesprograms or activities
142.41or benefit from
142.43(a)program or activityaid, benefits, or services
142.43(b)programs activitiesprograms or activities
142.43(d)programs and activitiesprograms or activities
142.44(a), second sentenceprogram of
142.44(c)in its program
142.44(d)(1)under the education program or activity operated by the recipient
142.47(a)(1), first sentenceprograms and activitiesaid, benefits, or services
142.61programs and activitiesprograms or activities
142.61or benefit from
End Part Start Part

PART 143—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

16. The authority citation for part 143 is revised to read as follows:

Start Authority

Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); 22 U.S.C. 2658; 45 CFR part 90.

End Authority

17. The heading of § 143.2 is revised to read as follows:

To what programs or activities do these regulations apply?
* * * * *

18. Section 143.3 is amended by redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(3) and (b)(4) and adding a new paragraph (b)(2) to read as follows:

Definitions.
* * * * *

(b) * * *

(2) Program or activity means all of the operations of any entity described in paragraphs (b)(2)(i) and (iv) of this section, any part of which is extended Federal financial assistance:

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

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

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

(B) A local educational agency (as defined in section 8801 of title 20), Start Printed Page 76486system of vocational education, or other school system;

(iii)(A) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(1) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(2) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(iv) Any other entity which is established by two or more of the entities described in paragraph (b)(2)(i), (ii), or (iii) of this section.

* * * * *

Appendix A to Part 143 [Amended]

19. The heading for appendix A to part 143 is amended by removing the word “Programs” and adding, in its place, the words “Federal Financial Assistance”.

20. The undesignated center heading in appendix A to part 143 is amended by removing the words “Programs of” and adding, in their place, the words “Types of Federal”.

Appendix B to Part 143 [Amended]

21. The heading for appendix B to part 143 is amended by removing the word “Programs” and adding, in its place, the words “Federal Financial Assistance”.

22. The undesignated center heading in appendix B to part 143 is amended by removing the words “Programs of” and adding, in their place, the words “Types of Federal”.

Appendix C to Part 143 [Amended]

23. The heading for appendix C to part 143 is amended by removing the word “Programs” and adding, in its place, the words “Federal Financial Assistance”.

24. The undesignated center heading in appendix C to part 143 is amended by removing the words “Program of” and adding, in their place, the words “Types of Federal”.

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

SectionRemoveAdd
143.1, last sentenceprograms and activitiesprograms or last activities
143.2or benefits from
143.21programs and activitiesprograms or activities
143.34(a)(2), last sentenceprogram
143.36(c)(2), first sentenceFederal
143.39(b)(2)program or activityFederal financial assistance
Start Signature

Dated: August 24, 2000.

Bonnie Cohen,

Under Secretary of State for Management.

End Signature

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Chapter II

RIN 0412-AA45

Authority and Issuance

For the reasons set forth in the joint preamble, AID proposes to amend 22 CFR chapter II, parts 209, 217, and 218, as set forth below:

End Part Start Part

PART 209—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 209 continues to read as follows:

Start Authority

Authority: Sec. 602, 78 Stat. 252, and sec. 621, Foreign Assistance Act of 1961, 75 Stat. 445; 22 U.S.C. 2402.

End Authority

2. Section 209.3 is amended by revising paragraph (g) to read as follows:

Definitions.
* * * * *

(g) The terms program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section.

* * * * *

3. Section 209.5 is amended by revising paragraph (b)(2) to read as follows:

Assurance required.
* * * * *

(b) * * *

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

4. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column: Start Printed Page 76487

SectionRemoveAdd
209.2, first sentencefederally assisted programs and activitiestypes of Federal financial assistance
209.2, second sentenceunder any such program
209.2(b)under any such program
209.2(c)under any such program
209.2, last sentenceprogramFederal financial assistance
209.3(f)for the purpose of carrying out a program
209.3(h)for any program,
209.3(h)under any such program
209.4(b)(1), introductory textunder any program
209.5(a)(1), first sentenceto carry out a program
209.5(a)(1), first sentenceexcept a programexcept an application
209.5(a)(1), fifth sentencefor each program
209.5(a)(1), fifth sentencein the program
209.5(a)(2), first sentencethrough a program ofwith
209.5(a)(2), second sentenceunder a program ofwith
209.5(a)(2), third sentenceprogramstatute
209.5(b)(1)for a student assistance programfor student assistance
209.6(b), last sentenceof any program underin
209.6(d)underfor
209.9(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
209.10(e)under the program involvedto which this regulation applies
209.10(e)assistance willassistance to which this regulation applies will
209.10(e)under such program
209.12(a),first sentenceunder such program
209.13programsFederal financial assistance
End Part Start Part

PART 217—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

5. The heading for part 217 is revised to read as set forth above.

6. The authority citation for part 217 continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794, unless otherwise noted.

End Authority

7. Section 217.3 is amended by adding a new paragraph (l) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (l)(1), (2), or (3) of this section.

8. Section 217.4 is amended by revising the heading of paragraph (c) to read as follows:

Discrimination prohibited.
* * * * *

(c) Aid, benefits, or services limited by Federal law. * * *

Subpart C of Part 217 [Amended]

9. The heading for subpart C is amended by removing the word “Program''.

10. Section 217.22 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to handicapped persons. * * *

* * * * *

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

SectionRemoveAdd
217.2, first sentenceprograms carriedprograms or activities carried
217.2, first sentencefederally assisted programs and activitiestypes of Federal financial assistance
217.2, second sentenceunder any such program
217.2(b)under any such program
217.2(c)under any such program
217.2, last sentenceprogramFederal financial assistance
Start Printed Page 76488
217.4(a)or benefits from
217.4(b)(1)(v)programprogram or activity
217.4(b)(3)programs or activitiesaid, benefits, or service
217.4(b)(4)(ii)programprogram or activity
217.4(b)(5)(i)or benefits from
217.4(b)(6)or benefiting from
217.4(c)the benefits of a programaid, benefits, or services
217.4(c)from a programfrom aid, benefits, or services
217.5(a), first sentencefor a program or activity
217.5(a), first sentencethe programthe program or activity
217.6(a)(3)(i)programprogram or activity
217.6(a)(3)(ii)programprogram or activity
217.6(a)(3)(iii)programprogram or activity
217.8(a), second sentenceprograms and activitiesprograms or activities
217.11(a)(3), last sentenceapprenticeship programsapprenticeships
217.11(b)(8)socialthose that are social or recreational
217.11(b)(8)programs
217.12(a)programprogram or activity
217.12(c), introductory textprogramprogram or activity
217.12(c)(1)programprogram or activity
217.14(b)programsprogram
217.22(b), last sentenceoffer programs and activities toserve
217.22(d)(3)program accessibilityaccessibility under § 217.22(a)
217.41programs and activitiesprograms or activities
217.41or benefit from
217.43(a)program or activityaid, benefits, or services
217.43(d)programs and activitiesprogram or activity
217.44(a), second sentenceprogram of
217.44(c)in its program
217.44(d)(1)under the education program or activity operated by the recipient
217.47(a)(1), first sentenceprograms and activitiesaid, benefits, or services
End Part Start Part

PART 218—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

12. The authority citation for part 218 continues to read as follows:

Start Authority

Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; 45 CFR part 90; 22 U.S.C. 2658, unless otherwise noted.

End Authority

13. The heading for § 218.02 is revised to read as follows:

To what programs or activities do these regulations apply?
* * * * *

14. Section 218.03 is amended by adding paragraph (b)(4) to read as follows:

Definitions.
* * * * *

(b) * * *

(4) Program or activity means all of the operations of any entity described in paragraphs (b)(4)(i) through (iv) of this section, any part of which is extended Federal financial assistance:

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

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

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

(B) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(iii)(A) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(1) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(2) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(iv) Any other entity which is established by two or more of the entities described in paragraph (b)(4)(i), (ii), or (iii) of this section.

Appendices A, B, and C to Part 218 [Amended]

15. The headings for appendices A, B, and C to part 218 are amended by removing the words “Affected Programs” and adding, in their place, the words “Types of Federal Financial Assistance”.

16. The undesignated center headings immediately following the headings for appendices A and B to part 218 are amended by removing the words “Programs of” and adding, in their place, the word “Federal”.

17. The undesignated center heading immediately following the heading for Appendix C to part 218 is amended by removing the words “Program of” and adding, in their place, the word “Federal”.

18. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column: Start Printed Page 76489

SectionRemoveAdd
218.01, last sentenceprograms and activitiesprograms or activities
218.02or benefits from
218.21programs and activitiesprogram or activities
218.34(a)(2), last sentenceprogram
218.36(c)(2)Federal
218.39(b)(2)program or activityFederal financial assistance
Start Signature

Dated: August 23, 2000.

Jessalyn L. Pendarvis,

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

End Signature

DEPARTMENT OF JUSTICE

28 CFR Chapter I [A.G. Order No. 2334-2000]

RIN 1190-AA49

Authority and Issuance

For the reasons set forth in the joint preamble, DOJ proposes to amend 28 CFR chapter I, part 42 as set forth below:

End Part Start Part

PART 42—NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES

Subpart C—Nondiscrimination in Federally Assisted Programs—Implementation of Title VI of the Civil Rights Act of 1964 1

1 See also 28 CFR 5. Guidelines for enforcement of Title VI, Civil Rights Act.

1. The authority citation for subpart C is revised to read as follows:

Start Authority

Authority: 42 U.S.C. 2000d—2000d-7; E.O. 12250, 45 FR 72995, 3 CFR, 1980 Comp., p. 298.

End Authority

2. Section 42.102 is amended by revising paragraph (d) to read as follows:

Definitions.
* * * * *

(d) The terms program or activity and program mean all of the operations of any entity described in paragraphs (d)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (d)(1), (2), or (3) of this section.

* * * * *

3. Section 42.104 is amended by revising paragraph (b)(4) to read as follows:

Discrimination prohibited.
* * * * *

(b) * * *

(4) For the purposes of this section the disposition, services, financial aid, or benefits provided under a program receiving Federal financial assistance shall be deemed to include all portions of the recipient's program or activity, including facilities, equipment, or property provided with the aid of Federal financial assistance.

* * * * *

4. Section 42.105 is amended by revising paragraph (b), paragraph (c)(2), and the heading of paragraph (d) to read as follows:

Assurance required.
* * * * *

(b) Assurances from government agencies. In the case of any application from any department, agency, or office of any State or local government for Federal financial assistance for any specified purpose, the assurance required by this section shall extend to any other department, agency, or office of the same governmental unit if the policies of such other department, agency, or office will substantially affect the project for which Federal financial assistance is requested.

(c) * * *

(2) The assurance required with respect to an academic institution, detention or correctional facility, or any other institution or facility, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, wards, inmates, persons subject to control, or clients of the institution or facility or to the opportunity to participate in the provision of services, disposition, treatment, or benefits to such individuals, shall be applicable to the entire institution or facility.

(d) Continuing Federal financial assistance. * * *

* * * * *

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

SectionRemoveAdd
42.102(f)for any program,
42.102(f)under any such program
42.102(g)for the purpose of carrying out a program
42.103, introductory text, second sentenceunder any such program
42.104(b)(1), introductory textunder any program
42.105(a)(1), first sentenceto carry out a program
42.105(a)(1), fourth sentencefor each program
Start Printed Page 76490
42.105(a)(1), fourth sentencein the program
42.105(a)(2), first sentencethrough a program ofwith
42.105(a)(2), second sentenceunder a program ofwith
42.105(a)(2), last sentenceprogramstatute
42.105(d), introductory textadministering a program which receivesapplying for
42.106(b), last sentenceof any program underin
42.106(d)program under whichprogram for which
42.109(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
42.110(f)under the program involvedto which this regulation applies
42.110(f)assistance willassistance to which this regulation applies will
42.110(f)under such program

6. The heading for subpart G is revised to read as follows:

Subpart G—Nondiscrimination Based on Handicap in Federally Assisted Programs or Activities—Implementa- tion of Section 504 of the Rehabilitation Act of 1973

7. The authority citation for subpart G continues to read as follows:

Start Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 29 U.S.C. 706, 794; E.O. 12250.

End Authority
[Amended]

8. The undesignated center heading immediately preceding § 42.520 is amended by removing the word “Program.”

9. Section 42.521 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity to which this subpart applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * *

* * * * *

10. Section 42.540 is amended by revising paragraph (h) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section.

* * * * *

Appendix A to Subpart 6 of Part 42 [Amended]

11. The Note in appendix A to subpart G is amended by removing the word “program” and adding, in its place, the words “program or activity.”

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

SectionRemoveAdd
42.501programprogram or activity
42.502, first sentenceprogramprogram or activity
42.502, first sentenceor benefiting from
42.502, last sentenceprogramprogram or activity
42.503(a)programprogram or activity
42.503(a)or benefiting from
42.503(b)(1), introductory textprogramprogram or activity
42.503(b)(1)(i)programprogram or activity
42.503(b)(1)(ii)programprogram or activity
42.503(b)(1)(iv)programprogram or activity
42.503(b)(1)(vi)programprogram or activity
42.503(b)(2)programprogram or activity
42.503(b)(2)programaid, benefits, or services
42.503(b)(3)programprogram or activity
42.503(b)(4)programprogram or activity
42.503(b)(5)a programaid, benefits, or services
42.503(b)(5)any programany program or activity
42.503(b)(6)programentity
42.503(c)programsaid, benefits, or services
Start Printed Page 76491
42.503(d)programsprograms or activities
42.503(f), first sentenceprogramprogram or activity
42.504(a), first sentenceprogramprogram or activity
42.504(a), second sentencefor each of its assistance programs
42.504(a), second sentenceprogramprogram or activity
42.504(b)programprogram or activity
42.505(a), last sentenceprogramprogram or activity
42.505(b)programprogram or activity
42.505(f)(1), second sentenceprogramsprograms or activities
42.510(a)(1)programprogram or activity
42.510(a)(1)or benefiting from
42.510(a)(2)programprogram or activity
42.510(a)(3), last sentenceapprenticeship programsapprenticeships
42.510(b)(7)socialthose that are social
42.510(b)(7)programs
42.511(a)programprogram or activity
42.511(c), introductory textprogramprogram or activity
42.511(c)(1)programprogram or activity
42.520programprogram or activity
42.521(b), first sentencein making its program accessible to its program accessiblein making its program or activity accessible
42.521(b), last sentenceoffer programs toserve
42.521(b), last sentenceto obtain the full benefits of the program
42.521(d)(1)programprogram or activity
42.521(d)(3)program accessibilityaccessibility under§ 42.521(a)
42.530(a), first sentenceprogramsprograms or activities
42.530(b)programsprograms or activities
42.530(c)programsprograms or activities
42.540(i), first sentenceprograms programs oractivities

13. The heading for subpart I is revised to read as follows:

Subpart I—Nondiscrimination on the Basis of Age in Federally Assisted Programs or Activities; Implementation of the Age Discrimination Act of 1975

14. The authority citation for subpart I continues to read as follows:

Start Authority

Authority: 42 U.S.C. 6103(a)(4); 45 CFR part 90.

End Authority

15. Section 42.702 is amended by revising the definition of “Program or activity” to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition.

* * * * *

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

SectionRemoveAdd
42.701(b)programsprograms or activities
42.710(b), last sentenceprogramprogram or activity
42.712(a)(2)programprogram or activity
42.712(b)(2)programprogram or activity
42.712(c)programprogram or activity
42.713(b), last sentenceprogramprogram or activity
42.714programprogram or activity
42.720, first sentenceprogramprogram or activity
42.724(b)programprogram or activity
42.725programs and activitiesprograms or activities
42.733(b)(1)(i)(A)programprogram or activity
42.733(b)(2), last sentenceprogramsprograms or activities
Start Printed Page 76492
42.733(b)(3), last sentenceprogramprogram or activity
Start Signature

Dated: October 31, 2000.

Janet Reno,

Attorney General.

End Signature

DEPARTMENT OF LABOR

29 CFR Subtitle A

RIN 1291-AA31

Authority and Issuance

For the reasons set forth in the joint preamble, DOL proposes to amend 29 CFR subtitle A, parts 31 and 32 as set forth below:

End Part Start Part

PART 31—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF LABOR—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 31 continues to read as follows:

Start Authority

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 501, 29 U.S.C. 49k, 5 U.S.C. 301.

End Authority

2. Section 31.2 is amended by revising paragraph (g) to read as follows:

Definitions.
* * * * *

(g) The terms program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section.

* * * * *

3. Section 31.3 is amended by revising the heading of paragraph (d)(1) to read as follows:

General standards.
* * * * *

(d) * * *

(1) Employment service. * * *

* * * * *

4. Section 31.6 is amended by revising the heading of paragraph (b) to read as follows:

Assurances required.
* * * * *

(b) Continuing Federal financial assistance. * * *

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

SectionRemoveAdd
31.2(f)for the purpose of carrying out a program
31.2(h)for any program,
31.2(h)under any such program
31.3(b)(1), introductory textunder any program
31.3(d), introductory text, first sentenceprograms and activitiestypes of Federal financial assistance
31.3(d), introductory text third sentenceparticular programparticular type of Federal financial assistance
31.3(d), introductory text, last sentencelisted programlisted type of Federal financial assistance
31.3(d), introductory text, last sentencethat programthat assistance
31.3(d), introductory text, last sentenceother programs or activitiesprograms or activities receiving other types of Federal financial assistance
31.5(b), last sentenceof any program underin
31.5(d)underfor
31.6(a)(1), first sentenceto carry out a program
31.6(a)(1), first sentenceto carry out such program
31.6(a)(1), first sentenceexcept a programexcept an application
31.6(a)(1), second sentenceEvery programEvery award
31.6(a)(1), sixth sentencefor each program
31.6(a)(1), sixth sentencein this program
31.6(a)(2), second sentenceunder a program ofwith
31.6(a)(2), third sentenceprogram understatute under
31.6(b), introductory textto carry out a program involvingfor
31.9(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
31.10(e)under the program involvedto which this regulation applies
31.10(e)assistance willassistance to which this regulation applies will
31.10(e)under such program
31.12(a), first sentenceunder such program
End Part Start Part Start Printed Page 76493

PART 32—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

6. The heading for part 32 is revised to read as set forth above.

7. The authority citation for part 32 continues to read as follows:

Start Authority

Authority: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation Act Amendments of 1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C. 706); secs. 119 and 122 of the Rehabilitation Comprehensive Services and Developmental Disabilities Amendments of 1978, Pub. L. 95-602, 92 Stat. 2955; Executive Order 11914, 41 FR 17871.

End Authority

8. Section 32.2 is amended by revising paragraph (a) to read as follows:

Application.

(a) This part applies to each recipient of Federal financial assistance from the Department of Labor, and to every program or activity that receives such assistance.

* * * * *

9. Section 32.3 is amended by adding, in alphabetical order, a definition of Program or activity to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition.

* * * * *

10. Section 32.4 is amended by revising the heading of paragraph (c) to read as follows:

Discrimination prohibited.
* * * * *

(c) Aid, benefits, services, or training limited by Federal law. * * *

* * * * *

11. Section 32.5 is amended by revising paragraph (d) to read as follows:

Assurances required.
* * * * *

(d) Interagency agreements. Where funds are granted by the Department to another Federal agency, and where the grant obligates the recipient agency to comply with the rules and regulations of the Department applicable to that grant the provisions of this part shall apply to programs or activities operated with such funds.

12. The heading for subpart B is revised to read as follows:

Subpart B—Employment Practices and Employment Related Training Participation

13. The heading for subpart C is revised to read as follows:

Subpart C—Accessibility

14. Section 32.27 is amended by revising the section heading and the first sentence of paragraph (a) to read as follows:

Accessibility.

(a) Purpose. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to qualified handicapped individuals. * * *

* * * * *

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

SectionRemoveAdd
32.1or benefiting from
32.1, last sentenceprograms and activitiesprograms or activities
32.3, definition of Facilityprogramprogram or activity
32.3, definition of Qualified handicapped individual, paragraph (b)programprogram or activity
32.3, definition of Qualified handicapped individual, paragraph (c)programs
32.3, definition of Qualified handicapped individual, paragraph (c)in the programin the program or activity
32.3, definition of Reasonable accommodation, introductory text, first sentencetraining programtraining
32.3, definition of Reasonable accommodation, introductory text, first sentencean employmentemployment
32.3, definition of Reasonable accommodation, introductory text, first sentencerecipient's programrecipient's program or activity
32.3, definition of Reasonable accommodation paragraph (a)where the programwhere the program or activity
32.4(a)or benefits from
32.4(b)(1)(v)programprogram or activity
32.4(b)(2)services and trainingservices or training
32.4(b)(3)programs or activitiesaid, benefits, services, or training
32.4(b)(4)(ii)programprogram or activity
Start Printed Page 76494
32.4(b)(5)(i)or benefits from
32.4(b)(6)or benefiting from
32.4(b)(7)(i), first sentenceunder programs ofreceiving
32.4(b)(7)(i), second sentenceprograms of employmentemployment
32.4(c)the benefits of a programaid, benefits, program services, or training
32.4(c)individuals from a programindividuals from aid, benefits, services, or training
32.4(d)programs and activitiesprograms or activities
32.5(a), first sentencefor a program or activity
32.5(a), first sentenceprogram willprogram or activity will
32.5(b)(3)programprogram or activity
32.6(a)(3)(i)programprogram or activity
32.6(a)(3)(ii)programprogram or activity
32.8(a), second sentenceprograms and activitiesprograms or activities
32.10(a)programsprograms or activities
32.12(a)(1), last sentenceprogramsunder programs or activities
32.12(a)(3), last sentenceapprenticeship programsapprenticeships
32.12(b)(8)socialthose that are social
32.12(b)(8)programs
32.13(a)programprogram or activity
32.13(b), introductory textprogramprogram or activity
32.13(b)(1)programprogram or activity
32.13(b)(2)training programtraining
32.13(d)programprogram or activity
32.15(c)(1), second sentencetraining programstraining
32.17(a), last sentenceprograms ofprograms or activities receiving
32.27(a), third sentenceparticular programparticular aid, benefit, service, or training
32.27(a), third sentenceprogram mustaid, benefit, service, or training must
32.27(a), fourth sentenceprogram accessibilityAccessibility
32.27(a), fourth sentenceprogram accessibleprogram or activity accessible
32.27(b)(1)includingincluding those involving
32.27(b)(1)whenwhen each part is
32.27(b)(2), second sentenceprograms
32.27(c), last sentenceoffer programs and activities toserve
32.27(e)(3)program accessibilityaccessibility under § 32.27(a)
32.44(b), second sentenceprogramsprograms or activities
32.44(b), last sentenceof any program underin
32.46(c)(2), last sentenceprogramprogram or activity
32.47(c)programsprograms or activities
Start Signature

Alexis M. Herman,

Secretary, Department of Labor.

End Signature

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Chapter I

RIN 2900-AK13

Authority and Issuance

For the reasons set forth in the joint preamble, VA proposes to amend 38 CFR chapter I, part 18 as set forth below:

End Part Start Part

PART 18—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

Subpart A—General

1. The authority citation for subpart A continues to read as follows:

Start Authority

Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the laws referred to in Appendix A.

End Authority

2. Section 18.4 is amended by revising the heading of paragraph (b) and paragraph (d) to read as follows:

Assurances required.
* * * * *

(b) Continuing Federal financial assistance. * * *

* * * * *

(d) Extent of application to institution or facility. In the case where any assurances are required from an academic, a medical care, or any other institution or facility, insofar as the assurances relate to the institution's practices with respect to the admission, care, or other treatment of persons by the institution or with respect to the opportunity of persons to participate in the receiving or providing of services, treatment, or benefits, such assurances shall be applicable to the entire institution or facility.

3. Section 18.13 is amended by revising paragraph (f) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or Start Printed Page 76495

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section.

* * * * *

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

SectionRemoveAdd
18.2, first sentencethe federally assisted programs and activitiesthe types of Federal financial assistance
18.2, second sentenceunder any such program
18.2(b)under any such program
18.2(c)under any such program
18.2, penultimate sentenceprogram or activitytype of Federal financial assistance
18.2, penultimate sentencesuch programa program
18.2, last sentenceprogramstypes of Federal financial assistance
18.3(b)(1), introductory textunder any program
18.4(a)(1), first sentenceto carry out a program
18.4(a)(1), first sentenceexcept a programexcept an application
18.4(a)(1), second sentenceprogramaward
18.4(a)(1), sixth sentencefor each program,
18.4(a)(1), sixth sentencein the program
18.4(b), introductory text, first sentenceto carry out a program involvingfor
18.4(b), introductory text, first sentenceprogramstypes of Federal financial assistance
18.4(b), concluding textUnder a continuing program
18.6(b), second sentenceof any program underin
18.6(d)program underprogram for
18.9(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
18.10(f)under the program involvedto which this regulation applies
18.10(f)assistance willassistance to which this regulation applies will
18.10(f)under such program
18.12(a), first sentenceunder such program
18.13(h)for any program,
18.13(h)under any such program

5. The heading for subpart D is revised to read as follows:

Subpart D—Nondiscrimination on the Basis of Handicap

6. The authority citation for subpart D is revised to read as follows:

Start Authority

Authority: 29 U.S.C. 706, 794.

End Authority

7. Section 18.403 is amended by adding paragraph (m) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity that is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.

[Amended]

8. In § 18.404, the heading of paragraph (c) is amended by removing the word “Programs” and adding, in its place, the words “Aid, benefits, or services”.

9. Section 18.405 is amended by revising paragraph (c) to read as follows:

Assurances required.
* * * * *

(c) Extent of application to institution or facility. An assurance shall apply to the entire institution or facility.

* * * * *
[Amended]

10. The undesignated center heading before § 18.421 is amended by removing the word “Program”.

11. In § 18.422, the heading and first sentence of paragraph (a) are revised to read as follows:

Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to handicapped persons. * * *

* * * * *
Start Printed Page 76496

12. The heading of § 18.438 is revised to read as follows:

Adult education.
* * * * *

13. The heading of § 18.439 is revised to read as follows:

Private education.
* * * * *

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

SectionRemoveAdd
18.402or benefits from
18.403(h)(1)a program of
18.404(a)or benefits from
18.404(b)(1)(v)programprogram or activity
18.404(b)(3)programs or activitiesaid, benefits, or services
18.404(b)(4)(ii)programprogram or activity
18.404(b)(5)(i)or benefits from
18.404(b)(6)or benefiting from
18.404(c)a programaid, benefits, or services
18.405(a)for a program or activity
18.405(a)the programthe program or activity
18.406(a)(3)(i)programprogram or activity
18.406(a)(3)(ii)programprogram or activity
18.406(a)(3)(iii)programprogram or activity
18.408(a), second sentenceprograms and activitiesprograms or activities
18.411(a)(3), last sentenceapprenticeship programsapprenticeships
18.411(b)(8)socialthose that are social
18.411(b)(8)programs
18.412(a)programprogram or activity
18.412(c), introductory textprogramprogram or activity
18.412(c)(1)programprogram or activity
18.422(b), last sentenceoffer programs and activities toserve
18.422(c), last sentenceprogramsprograms or activities
18.422(e)(3)program accessibilityaccessibility under paragraph (a) of this section
18.431programs and activitiesprograms or activities
18.431or benefit from
18.433(b)(2)individualized education programIndividualized Education Program
18.433(b)(3), first sentencein
18.433(b)(3), first sentenceto a programfor aid, benefits, or services
18.433(b)(3), first sentencethe onethose
18.433(b)(3), first sentenceoperatesoperates or provides
18.433(c)(1), second sentencein
18.433(c)(1), second sentenceto a programfor aid, benefits, or services
18.433(c)(1), second sentenceoperatedoperated or provided
18.433(c)(1), second sentencethe programthe aid, benefits, or services
18.433(c)(2)in
18.433(c)(2)to a programfor aid, benefits, or services
18.433(c)(2)operatedoperated or provided
18.433(c)(2)the programthe aid, benefits, or services
18.433(c)(4), last sentencesuch a programa free appropriate public education
18.435(a)education programeducation program or activity
18.435(a)in a regular or special programin regular or program special education
18.435(b), introductory textprograms and activitiesprograms or activities
18.435(b), introductory textor benefit from
18.437(a)(1)or benefit from
18.437(b)or benefit from
18.437(c)(1), first sentenceprograms and activitiesaid, benefits, or services
18.437(c)(1), first sentenceor benefits from
18.437(c)(1), last sentencein these activities
18.438, first sentenceoperates anprovides
18.438, first sentenceprogram or activity
18.438, first sentencefrom the program or activity
18.438, last sentenceunder the program or activity
18.439(a)operates aprovides
18.439(a)education programeducation
18.439(a)from that program
18.439(a)the recipient's programthat recipient's program or activity
18.439(c)operatesprovides
18.439(c)programs shall operate those programsshall do so
18.441programs and activitiesprograms or activities
18.441or benefit from
18.443(a)program or activityaid, benefits, or services
18.443(d)programs and activitiesprogram or activity
18.444(a), last sentenceprogram of
18.444(c)in its program
18.444(d)(1)under the education program or activity operated by the recipient
Start Printed Page 76497
18.447(a)(1), first sentenceprograms and activitiesaid, benefits, or services
18.451programs and activitiesprograms or activities
18.451or benefit from
18.454, first sentenceprogram or activityprogram or activity that provides aid, benefits, or services

Subpart E—Nondiscrimination on the Basis of Age

15. The authority citation for subpart E continues to read as follows:

Start Authority

Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.; 45 CFR part 90 (1979).

End Authority

16. Section 18.503 is amended by redesignating paragraphs (j) through (l) as paragraphs (k) through (m), and adding a new paragraph (j) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity that is established by two or more of the entities described in paragraph (j)(1), (2), or (3) of this section.

Appendix B to Subpart E to Part 18 [Amended]

17. The heading for appendix B to subpart E to part 18 is amended by removing the word “Programs”.

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

SectionRemoveAdd
18.501, last sentenceprograms and activitiesprograms or activities
18.531programs and activitiesprograms or activities
18.532programs and activitiesprograms or activities
18.544(a)(2), last sentenceprogram
18.546(b), first sentenceprogram and activityprogram or activity
18.546(c)(2), first sentenceFederal
18.549(b)(2)program or activityFederal financial assistance
Start Signature

Dated: August 14, 2000.

Hershel W. Gober,

Acting Secretary, Department of Veterans Affairs.

End Signature

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

RIN 2020-AA43

Authority and Issuance

For the reasons set forth in the joint preamble, EPA proposes to amend 40 CFR chapter I, part 7 as set forth below:

End Part Start Part

PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY

1. The heading for part 7 is revised to read as set forth above.

2. The authority citation for part 7 is revised to read as follows:

Start Authority

Authority: 42 U.S.C. 2000d to 2000d-7; 29 U.S.C. 794; 33 U.S.C. 1251 nt.

End Authority

3. Section 7.25 is amended by adding the new definition of “Program or activity” in alphabetical order to read as follows:

Definitions.
* * * * *

Program or activity and program mean all of the operations of any entity described in paragraphs (1) through (4) of this definition, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; orStart Printed Page 76498

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition.

[Amended]

4. The heading for § 7.55 is amended by removing the word “programs” and adding, in its place, the words, “aid, benefits, or services”.

5. In § 7.65, the first sentence of paragraph (a) introductory text and the heading for paragraph (b) are revised to read as follows:

Accessibility.

(a) General. A recipient shall operate each program or activity receiving EPA assistance so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * *

* * * * *

(b) Methods of ensuring compliance in existing facilities. * * *

* * * * *

Appendix A to Part 7 [Amended]

6. The heading for appendix A to part 7 is amended by removing the word “Programs” and inserting the words “Types of” immediately before the word “EPA”.

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

SectionRemoveAdd
7.20(a)compliance programsmeans of ensuring compliance
7.25, undesignated definition of Project Officerprogram
7.35(a)(1)programprogram or activity
7.35(a)(2)programprogram or activity
7.35(a)(3)programprogram or activity
7.35(a)(4)programprogram or activity
7.35(a)(5)programprogram or activity
7.35(a)(6)any programany program or activity
7.35(a)(6)the EPA assistance programEPA assistance
7.35(b)programprogram or activity
7.35(c)programprogram or activity
7.50(a)(1)programprogram or activity
7.50(a)(3)programprogram or activity
7.50(a)(5)programprogram or activity
7.50(b)or benefits from
7.50(e)programsaid, benefits, or services
7.55programprogram or activity
7.55programsprograms or activities
7.60(a)or benefits from
7.60(c)(8)socialthose that are social
7.60(c)(8)programs
7.60(d)apprenticeship programsapprenticeships
7.60(e)programprogram or activity
7.65(b)offer program benefits toserve
7.65(c)(2) first sentence,make a program or activity accessiblecomply with paragraph (a) of this section
7.65(d)assisted program
7.65(e), last sentenceprogramstatute
7.75, introductory textprogramprogram or activity
7.75(a)(3)program accessibilityaccessibility under § 7.65(a)
7.85(b), first sentenceprogramsprograms or activities
7.95(a), first sentenceprogramsprograms or activities
7.130(b)(4)programprogram or activity
Start Signature

Dated: October 16, 2000.

Carol M. Browner,

Administrator, Environmental Protection Agency.

End Signature

GENERAL SERVICES ADMINISTRATION

41 CFR Chapter 101

RIN 3090-AH33

Authority and Issuance

For the reasons set forth in the joint preamble, GSA proposes to amend 41 CFR chapter 101, parts 101-6 and 101-8 as set forth below:

End Part Start Part

PART 101-6—MISCELLANEOUS REGULATIONS

Subpart 101-6.2—Nondiscrimination in Programs Receiving Federal Financial Assistance

1. The authority citation for subpart 101-6.2 continues to read as follows:

Start Authority

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.

End Authority

2. Section 101-6.204-3 is amended by revising the heading to read as follows:

Special benefits.
* * * * *

3. Section 101-6.205-2 is amended by revising the heading to read as follows:

Continuing Federal financial assistance.
* * * * *

4. Section 101-6.205-4 is amended by revising paragraph (b) to read as follows:

Applicability of assurances.
* * * * *

(b) The assurance required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to Start Printed Page 76499such individuals, shall be applicable to the entire institution.

* * * * *

5. Section 101-6.216 is amended by revising paragraph (f) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3) (i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of nay other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section.

* * * * *

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

SectionRemoveAdd
101-6.2015242
101-6.2012000d—2000d-42000d—2000d-7
101-6.203(a), last sentenceprograms involving
101-6.203(b)the programs involving
101-6.203(c)programstypes of Federal financial assistance
101-6.204-2 (a)(4), first sentencethe programa program
101-6.204-3the benefits of a programbenefits
101-6.205-1(a), first sentenceto carry out a program
101-6.205-1(a), first sentenceexcept a programexcept an application
101-6.205-1(a), fifth sentencefor each program
101-6.205-1(a), fifth sentencein the program
101-6.205-1(b), second sentenceunder a program ofwith
101-6.205-1(b), third sentenceprogramstatute
101-6.205-1(d)programsFederal financial assistance
101-6.205-2to carry out a program involvingfor
101-6.205-4(c)under a program
101-6.206(b), second sentenceexcept as provided in paragraph (b) of § 101-6.205-4
101-6.206(d)subject to the provisions of § 101-6.205-4(b)
101-6.209-2, last sentenceof any program underin
101-6.209-4program underprogram for
101-6.212-5, first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
101-6.213-6under the program involvedto which this regulation applies
101-6.213-6assistance willassistance to which this regulation applies will
101-6.213-6under such program
101-6.215-1, introductory text, first sentenceunder such program
101-6.216(h)for any program,
101-6.216(h)under any such program
101-6.216(i)for the purpose of carrying out a program
End Part Start Part

PART 101-8—NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE

7. The heading for part 101-8 is revised to read as set forth above.

Subpart 101-8.3—Discrimination Prohibited on the Basis of Handicap

8. Section 101-8.301 is amended by adding a new paragraph (f) to read as follows:

Definitions.
* * * * *

(f) The term program or activity means all of the operations of any entity described in paragraphs (f)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private Start Printed Page 76500organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (f)(1),(2), or (3) of this section.

9. Section 101-8.309 is amended by revising the section heading and the heading and first sentence of paragraph (b) to read as follows:

Accessibility.
* * * * *

(b) Accessibility. A recipient shall operate any program or activity to which this subpart applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * *

* * * * *

10. Section 101-8.311 is amended by revising the section heading and the heading and the first sentence of the introductory text of paragraph (b)(1) to read as follows:

Historic Preservation Programs.
* * * * *

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

* * * * *

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

SectionRemoveAdd
101-8.300(b)or benefits from
101-8.302or benefits from
101-8.303(a)(5)programprogram or activity
101-8.303(c)programs or activitiesaid, benefits, or services
101-8.303(d)(2)programprogram or activity
101-8.303(f)or benefitting from
101-8.303(g)the benefits of a programaid, benefits, or services
101-8.303(g)from a programfrom aid, benefits, or services
101-8.303(d), first sentenceprograms and activitiesprograms or activities
101-8.305(c), last sentenceapprenticeship programsapprenticeships
101-8.305(d)(8)socialthose that are social
101-8.305(d)(8)programs
101-8.306(a)programprogram or activity
101-8.306(c), introductory textprogramprogram or activity
101-8.306(c)(1)programprogram or activity
101-8.309(a)or benefits from
101-8.309(c), last sentenceoffer programs and activities toserve
101-8.309(f)(3)program accessibilityaccessibility under paragraph (a) of this section
101-8.311(a), introductory textthe term
101-8.311(a)(1)preservation programsPreservation Programs
101-8.311(a)(1)means programs receivingare those that receive
101-8.311(b)(1), introductory text, last sentenceprogram
101-8.311(b)(1)(iv)program accessibilityaccessibility
101-8.311(b)(1), concluding paragraphhistoric preservation programHistoric Preservation Program
101-8.311(b)(1), concluding paragraphprogram accessibilityaccessibility
101-8.311(b)(2), introductory textprogram
101-8.311(b)(2)(iii)programprogram or activity

Subpart 101-8.7—Discrimination Prohibited on the Basis of Age:

12. The authority citation for subpart 101-8.7 continues to read as follows:

Start Authority

Authority: 42 U.S.C. 6101 et seq.

End Authority

13. Section 101-8.703 is amended by redesignating paragraph (k) as paragraph (l) and by adding a new paragraph (k) to read as follows:

Definitions of terms.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section.

* * * * *
Start Printed Page 76501

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

SectionRemoveAdd
101-8.701, last sentenceFederal financial assistanceFederally assisted
101-8.701, last sentenceprograms and activitiesprograms or activities
101-8.702(a)that benefits from GSA Federal financial assistance
101-8.703(g)(2)programpolicy
101-8.703(j)for the purpose of carrying out a program
101-8.703(l)for any program
101-8.703(l)under any such program
101-8.709programprogram or activity
101-8.710, first sentenceprogramprogram or activity
101-8.710, second sentenceprograms
101-8.710, second sentenceprovide provides
101-8.710, last sentence“Child Care Center” programChild Care Center Program
101-8.710, last sentencetwo programstwo types of Federal financial assistance
101-8.711, first sentenceprograms and activitiesprograms or activities
101-8.712(b)program
101-8.718(a), third sentenceprogram
101-8.720(b), first sentenceprogram and activityprogram or activity
101-8.720(c)(2), first sentenceFederal
101-8.721(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
101-8.725(b)program or activityFederal financial assistance
Start Signature

Dated: August 22, 2000.

Thurman M. Davis, Sr.,

Deputy Administrator, General Services Administration.

End Signature

DEPARTMENT OF THE INTERIOR

43 CFR Subtitle A

RIN 1090-AA77

Authority and Issuance

For the reasons set forth in the joint preamble, DOI proposes to amend 43 CFR subtitle A, part 17 as set forth below:

End Part Start Part

PART 17—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR

Subpart A—Nondiscrimination on the Basis of Race, Color, or National Origin

1. The authority citation for subpart A continues to read as follows:

Start Authority

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; and the laws referred to in Appendix A.

End Authority

2. Section 17.3 is amended by revising the heading of paragraph (d) to read as follows:

Discrimination prohibited.
* * * * *

(d) Benefits for Indians, natives of certain territories, and Alaska natives. * * *

3. Section 17.4 is amended by revising the heading of paragraph (b) and paragraph (d)(2) to read as follows:

Assurances required.
* * * * *

(b) Continuing Federal financial assistance. * * *

* * * * *

(d) * * *

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

4. Section 17.12 is amended by revising paragraph (f) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section.

* * * * *

Appendix B to Subpart A [Amended]

5. The introductory text for appendix B to subpart A is amended by removing the word “programs” and adding, in its place, the words “Federal financial assistance.”

6. In the table below, for each section indicated in the left column, remove the Start Printed Page 76502text shown in the middle column and add the text shown in the right column:

SectionRemoveAdd
17.2(a), second sentenceunder any such program
17.2(a)(2)under any such program
17.2(a)(3)under any such program
17.3(b)(1), introductory textunder any program
17.3(c)(1), first sentencea program ofthe
17.3(c)(1), first sentenceassistanceassistance to a program
17.3(d), first sentencethe benefits of a programbenefits
17.3(d), first sentenceis limitedare limited
17.3(d), first sentencethe program is addressedthe benefits are addressed
17.3(d), last sentenceprogramsbenefits
17.4(a)(1), first sentenceto carry out a program
17.4(a)(1), first sentenceexcept a programexcept an application
17.4(a)(1), second sentenceprogram ofaward of
17.4(a)(1), sixth sentencefor each program,
17.4(a)(1), sixth sentencein the program
17.4(a)(2), second sentenceunder a program ofwith
17.4(a)(2), third sentenceprogramstatute
17.4(b)(1), introductory textto carry out a program involvingfor
17.4(d)(1)a student assistance programstudent assistance
17.5(b), last sentenceof any program underin
17.5(d)program under whichprogram for which
17.8(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
17.9(g)under the program involvedto which this regulation applies
17.9(g)assistance willassistance to which this regulation applies will
17.9(g)under such program
17.11(a), first sentenceunder such program
17.12(h)for any program,
17.12(h)under such program
17.12(i)for the purpose of carrying out a program

Subpart B—Nondiscrimination on the Basis of Handicap

7. The authority citation for subpart B continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

8. Section 17.202 is amended by adding a new paragraph (q) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (q)(1), (2), or (3) of this section.

9. Section 17.203 is amended by revising the heading of paragraph (c) to read as follows:

Discrimination prohibited.
* * * * *

(c) Aid, benefits, or services limited by Federal law. * * *

* * * * *

10. The heading for § 17.216 is revised to read as follows:

Accessibility.
* * * * *

11. Section 17.217 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * *

* * * * *

12. Section 17.260 is amended by revising the section heading, the introductory text of paragraph (a), and the first sentence of paragraph (b)(1) introductory text to read as follows:

Historic Preservation Programs.

(a) Definitions. For the purposes of this section, Historic Preservation Programs are those that receive Federal financial assistance that has preservation of historic properties as a primary purpose.

* * * * *

(b) * * * Start Printed Page 76503

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

* * * * *

13. The section heading and the introductory text of § 17.270 are revised to read as follows:

Recreation.

This section applies to recipients that operate, or that receive Federal financial assistance for the operation of programs or activities involving recreation.

* * * * *

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

SectionRemoveAdd
17.201or benefits from
17.202(i)recreation and program spacesspaces, including those used for recreation,
17.202(m)programsthe recipient
17.202(m)should be availableshould make its aid, benefits, or services available
17.202(n)programsprograms or activities
17.203(a)or benefits from
17.203(b)(1)(v)programprogram or activity
17.203(b)(3)programs or activitiesaid, benefits, or services
17.203(b)(4)(ii)programprogram or activity
17.203(b)(5)(i)or benefits from
17.203(b)(6)or benefiting from
17.203(c)the benefits of a programaid, benefits, or services
17.203(c)from a programfrom aid, benefits, or services
17.204(a), first sentencefor a program or activity
17.204(a), first sentencethe programthe program or activity
17.204(c)(4), first sentenceto carry out a program involvingfor
17.204(c)(4)(i)programprogram or activity
17.204(c)(4)(ii)the programthe program or activity
17.204(c)(4)(ii)under such program
17.205(a)(3)(i)programprogram or activity
17.205(a)(3)(ii)programprogram or activity
17.207(a), second sentenceprograms and activitiesprograms or activities
17.210(a)(2)programsprograms or activities
17.210(a)(4), last sentenceapprenticeship programsapprenticeships
17.210(b)(8)socialthose that are social
17.210(b)(8)programs
17.211(a)programprogram or activity
17.211(c), introductory textprogramprogram or activity
17.211(c)(1)programprogram or activity
17.217(b), last sentenceoffer programs and activities toserve
17.217(e)(3)program accessibilityaccessibility under paragraph (a) of this section
17.220, first sentenceprograms and activitiesprograms or activities
17.220, first sentenceor benefit from
17.232, first sentenceprograms and activitiesprograms or activities
17.232, first sentenceor benefit from
17.250, introductory textprograms and activitiesprograms or activities
17.250, introductory textor benefit from
17.252, first sentenceactivity foractivity that provides aid, benefits, or services for
17.260(b)(1), introductory text, last sentenceprogram
17.260(b)(1)(iv)program
17.260(b)(1), concluding texthistoric preservation programHistoric Preservation Program
17.260(b)(1), concluding textprogram accessibilityaccessibility
17.260(b)(2), introductory text, first sentenceprogram
17.260(b)(2), introductory text, last sentenceprogram
17.260(b)(2)(iii)programprogram or activity
17.270(a)(1)programsaid, benefits, or services
17.270(a)(2)programs or activitiesaid, benefits, or services
17.270(a)(5)program or activityaid, benefits, or services

Subpart C—Nondiscrimination on the Basis of Age

15. The authority citation for subpart C continues to read as follows:

Start Authority

Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; 45 CFR part 90.

End Authority

16. The heading of § 17.302 is revised to read as follows:

To what programs or activities do these regulations apply?
* * * * *

17. Section 17.303 is amended by redesignating paragraphs (j) through (m) as paragraphs (k) through (n) and adding a new paragraph (j) to read as follows:

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 Start Printed Page 76504

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (j)(1), (2), or (3) of this section.

* * * * *

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

SectionRemoveAdd
17.300, first sentenceprograms and activitiesprograms or activities
17.300, last sentenceprograms and activitiesprograms or activities
17.301, last sentenceprograms and activitiesprograms or activities
17.302(a)or benefits from
17.313programprogram or activity
17.314programprogram or activity
17.320, first sentenceprograms and activitiesprograms or activities
17.321(b)program
17.333(a)(2), last sentenceprogram
17.335(c)(2), first sentenceFederal
17.338(b)(2)program or activityFederal financial assistance
Start Signature

Dated: September 11, 2000.

John Berry,

Assistant Secretary—Policy, Management, and Budget, Department of the Interior.

End Signature

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Chapter I

RIN 3067-AD14

Authority and Issuance

For the reasons set forth in the joint preamble, FEMA proposes to amend 44 CFR chapter I, part 7 as set forth below:

End Part Start Part

PART 7—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

1. The heading for subpart A is revised to read as follows:

Subpart A—Nondiscrimination in FEMA-Assisted Programs—General

2. The authority citation for subpart A continues to read as follows:

Start Authority

Authority: FEMA Reg. 5 issued under sec. 602, 78 Stat. 252; 42 U.S.C. 2000 d-1; 42 U.S.C. 1855-1855g; 50 U.S.C. 404.

End Authority

3. Section 7.2 is amended by revising paragraph (d) to read as follows:

Definitions.
* * * * *

(d) The terms program or activity and program mean all of the operations of any entity described in paragraphs (d)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (d)(1), (2), or (3) of this section.

* * * * *

4. Section 7.3 is revised to read as follows:

Application of this regulation.

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this regulation applies.

5. Section 7.9 is amended by revising paragraph (b) to read as follows:

Assurances from institutions.
* * * * *

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

6. In the table below, for each section indicated in the left column, remove the text shown in the middle column and add the text shown in the right column: Start Printed Page 76505

SectionRemoveAdd
7.2(f)for any program,
7.2(f)under any such program
7.2(g)for the purpose of carrying out a program
7.4, second sentenceunder any such program
7.4(b)under any such program
7.4(c)under any such program
7.5(a), introductory textunder any program
7.7, first sentenceto carry out a program
7.7, fifth sentencefor each program,
7.7, fifth sentencein the program
7.10(b), last sentenceof any program underin
7.10(d)program under whichprogram for which
7.13(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
7.14(f)under the program involvedto which this regulation applies
7.14(f)assistance willassistance to which this regulation applies will
7.14(f)under such program
7.16(a), first sentenceunder such program

7. The heading for subpart E is revised to read as follows:

Subpart E—Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From FEMA

8. The authority citation for subpart E is revised to read as follows:

Start Authority

Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); 45 CFR part 90.

End Authority

9. The heading for § 7.912 is revised to read as follows:

To what programs or activities does this regulation apply?
* * * * *

10. Section 7.913 is amended by adding, in alphabetical order, a definition of “Program or activity” to read as follows:

Definition of terms used in this regulation.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition.

* * * * *

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

SectionRemoveAdd
7.910programs and activitiesprograms or activities
7.911, last sentenceprograms, activitiesprograms or activities
7.912(a)or benefits from
7.925programprogram or activity
7.926programprogram or activity
7.930, first sentenceprograms and activitiesprograms or activities
7.931(b)program
7.943(a)(2), last sentenceprogram
7.945(b), first sentenceprogram and activityprogram or activity
7.945(c)(2), first sentenceFederal
7.948(b)(2)program or activityFederal financial assistance
Start Signature
Start Printed Page 76506

Pauline C. Campbell,

Director, Office of Equal Rights, Federal Emergency Management Agency.

End Signature

NATIONAL SCIENCE FOUNDATION

45 CFR Chapter VI

RIN 3145-AA38

Authority and Issuance

For the reasons set forth in the joint preamble, NSF proposes to amend 45 CFR chapter VI, parts 605, 611, and 617 as set forth below:

End Part Start Part

PART 605—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

1. The heading for part 605 is revised to read as set forth above.

2. The authority citation for part 605 continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

3. Section 605.3 is amended by adding a new paragraph (m) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.

[Amended]

4. In § 605.4, the heading of paragraph (c) is amended by removing the word “Programs” and adding, in its place, the words “Aid, benefits, or services”.

Subpart C to Part 605 [Amended]

5. The heading for subpart C is amended by removing the word “Program”.

6. In § 605.22, the heading and first sentence of paragraph (a) are revised to read as follows:

Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to qualified handicapped persons. * * *

* * * * *
[Amended]

7. The heading for § 605.38 is amended by removing the word “programs”.

[Amended]

8. The heading for § 605.39 is amended by removing the word “programs”.

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

SectionRemoveAdd
605.0, first sentenceprograms and activitiesprograms or activities
605.2or benefits from
605.3(k)(5), second sentenceprogramsaid, benefits, or services
605.3(k)(5), third sentenceprogram
605.4(a)or benefits from
605.4(b)(1)(v)recipients programrecipient's program or activity
605.4(b)(3)programs or activitiesaid, benefits, or services
605.4(b)(4)(ii)programprogram or activity
605.4(b)(5)(i)or benefits from
605.4(b)(6)or benefiting from
605.4(c)the benefits of a programaid, benefits, or services
605.4(c)from a programfrom aid, benefits or services
605.5(a)under a program or activity
605.5(a)programsprograms or activities
605.6(a)(3)(i)programprogram or activity
605.6(a)(3)(ii)programprogram or activity
605.8(a), second sentenceprograms and activitiesprograms or activities
605.11(a)(2)programsprograms or activities
605.11(a)(4), last sentenceapprenticeship programsapprenticeships
605.11(b)(8)socialthose that are social
605.11(b)(8)programs
605.12(a)programprogram or activity
605.12(c), introductory textprogramprogram or activity
605.12(c)(1)programprogram or activity
605.22(b), last sentenceoffer programs and activities toserve
605.22(e)(3)program accessibilityaccessibility under paragraph (a) of this section
605.31programs and activitiesprograms or activities
605.31or benefit from
605.33(b)(2)individualized education programIndividualized Education Program
Start Printed Page 76507
605.33(b)(3), first sentencein
605.33(b)(3), first sentenceto a programfor aid, benefits, or services
605.33(b)(3), first sentencethe onethose
605.33(b)(3), first sentenceoperatesoperates or provides
605.33(c)(1), second sentencein
605.33(c)(1), second sentenceto a programfor aid, benefits, or services
605.33(c)(1), second sentenceoperatedoperated or provided
605.33(c)(1), second sentenceprogramaid, benefits, or services
605.33(c)(2)person inperson
605.33(c)(2)to a programfor aid, benefits, or services
605.33(c)(2)operatedoperated or provided
605.33(c)(2)the programthe aid, benefits, or services
605.33(c)(3)placement in
605.33(c)(3)programplacement
605.33(c)(4), last sentencesuch a programa free appropriate public education
605.35(a)programprogram or activity
605.35(a)a regular or special education programregular or special education
605.37(c)(1), first sentenceprograms and activitiesaid, benefits, or first sentence services
605.37(c)(1), last sentencein these activities
605.38operates aprovides
605.38day care program or activityday care
605.38an adult education program or activityadult education
605.38from the program or activity
605.38under the program or activity
605.39(a)operates aprovides
605.39(a)education programeducation
605.39(a)from such program
605.39(a)the recipient's programthat recipient's program or activity
605.39(c), first sentenceoperatesprovides
605.39(c), first sentenceprograms shall operate such programsshall do so
605.41programs and activitiesprograms or activities
605.41or benefit from
605.43(a)program or activityaid, benefits, or services
605.43(d)programs and activitiesprogram or activity
605.44(a), second sentenceprogram of
605.44(c)in its program
605.47(a)(1), first sentenceprograms and activitiesaid, benefits, or services
605.51programs and activitiesprograms or activities
605.51or benefit from
605.54, first sentenceactivity foractivity that provides aid, benefits, or services for
End Part Start Part

PART 611—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE NATIONAL SCIENCE FOUNDATION—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

10. The authority citation for part 611 continues to read as follows:

Start Authority

Authority: Sec. 11(a), National Science Foundation Act of 1950, as amended, 42 U.S.C. 1870(a); 42 U.S.C. 2000d-1.

End Authority

11. Section 611.4 is amended by revising paragraph (c)(2) to read as follows:

Assurances required.
* * * * *

(c) * * *

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

12. Section 611.5 is amended by revising the example 2. to read as follows:

Illustrative applications.
* * * * *

2. In a research, training, or other grant to a university for activities to be conducted in a graduate school, discrimination in the admission and treatment of students in the graduate school is prohibited, and the prohibition extends to the entire university.

* * * * *

13. Section 611.13 is amended by revising paragraph (f) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private Start Printed Page 76508organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (f)(1), (2), or (3) of this section.

* * * * *

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

SectionRemoveAdd
611.2, first sentenceFederally assisted programs and activitiestypes of Federal financial assistance
611.2, second sentenceunder any such program
611.2(b)under any such program
611.2(c)under any such program
611.2, penultimate sentenceprogram or activitytype of Federal financial assistance
611.2, penultimate sentencesuch programa program
611.2, last sentenceprogramstypes of Federal financial assistance
611.3(b)(1), introductory textunder any program
611.3(c)(2)ProgramsTypes of Federal financial assistance
611.4(a)(1), first sentenceto carry out a program
611.4(a)(1), fourth sentencefor each program
611.4(a)(1), fourth sentencein the program
611.4(a)(2), second sentenceunder a program ofwith
611.4(a)(2), third sentenceprogramstatute
611.5, introductory text, first sentenceprograms ofprograms aided by
611.5, example 1., first sentenceIn programs forFor
611.5, example 4., first sentencegrant programsgrants
611.6(b), last sentenceof any program underin
611.6(d)program underprogram for
611.9(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
611.10(f)under the program involvedto which this regulation applies
611.10(f)assistance willassistance to which this regulation applies will
611.10(f)under such program
611.12(a), first sentenceunder such program
611.13(h)for any program,
611.13(h)under any such program
611.13(i)for the purpose of carrying out a program
End Part Start Part

PART 617—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF

15. The authority citation for part 617 continues to read as follows:

Start Authority

Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.; 45 CFR part 90.

End Authority
[Amended]

16. In § 617.2, the list is amended by adding, in alphabetical order, the term “Program or activity.”

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

SectionRemoveAdd
617.1, last sentenceprograms and activitiesprograms or activities
617.8, first sentenceprogram or activitiesprogram or activity
617.11(a)(2), last sentenceprogram
617.12(a), first sentenceunderfor
617.12(c), first sentenceprogramprogram or activity
617.12(e), first sentenceFederal
617.12(f)(2)(ii)program or activityFederal financial assistance
Start Signature
Start Printed Page 76509

Dated: August 16, 2000.

Lawrence Rudolph,

General Counsel, National Science Foundation.

End Signature

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

45 CFR Chapter XI

RIN 3135-AA17, RIN 3136-AA24, RIN 3137-AA11

Authority and Issuance

For the reasons set forth in the joint preamble, NFAH, composed of the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services, proposes to amend 45 CFR chapter XI, part 1110, as set forth below:

End Part Start Part

PART 1110—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

1. The authority citation for part 1110 is revised to read as follows:

Start Authority

Authority: 42 U.S.C. 2000d—2000d-7. 2. Section 1110.4 is amended by revising the heading of paragraph (b) and paragraph (d)(2) to read as follows:

End Authority
Assurances required.
* * * * *

(b) Continuing Federal financial assistance * * *

* * * * *

(d) * * *

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

3. Section 1110.5 is amended by revising paragraph (a) to read as follows:

Illustrative applications.
* * * * *

(a) In a research, training, or other grant to a university for activities to be conducted in a graduate school, discrimination in the admission and treatment of students in the graduate school is prohibited, and the prohibition extends to the entire university.

* * * * *

4. Section 1110.13 is amended by revising paragraph (g) to read as follows:

Definitions.
* * * * *

(g) Program or activity and program mean all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section.

* * * * *

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

SectionRemoveAdd
1110.2, first sentencefederally assisted programs and activitiestypes of Federal financial assistance
1110.2, second sentenceunder any such program
1110.2, fifth sentenceprogram or activitytype of Federal financial assistance
1110.2, fifth sentencethat such programthat a program
1110.2, last sentenceprogramstypes of Federal financial assistance
1110.4(a)(1), first sentenceto carry out a program
1110.4(a)(1), third sentencefor each program
1110.4(a)(1), third sentencein the program
1110.4(a)(2), first sentencethrough a program ofwith
1110.4(a)(2), second sentenceunder a program ofwith
1110.4(a)(2), third sentenceprogramstatute
1110.4(b)to carry out a program involvingfor
1110.6(b), last sentenceof any program underin
1110.6(d)program under whichprogram for which
1110.9(e), first sentenceprogramsFederal statutes, authorities, or other means by which authorities, or other means by which Federal financial assistance is extended and
1110.10(f)under the program involvedto which this regulation applies
1110.10(f)assistance willassistance to which this regulation applies will
1110.10(f), first sentenceunder such program
1110.13(i)for any program,
1110.13(i)under any such program
1110.13(j)for the purposes of carrying out a program
Start Signature
Start Printed Page 76510

Dated: August 21, 2000.

Karen Elias,

Deputy General Counsel, National Endowment for the Arts, National Foundation on the Arts and the Humanities.

End Signature Start Signature

Dated: September 11, 2000.

Laura S. Nelson,

Assistant General Counsel, National Endowment for the Humanities, National Foundation on the Arts and the Humanities.

End Signature Start Signature

Dated: August 8, 2000.

Nancy E. Weiss,

General Counsel, Institute of Museum and Library Services, National Foundation on the Arts and the Humanities.

End Signature

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Chapter XI

RIN 3135-AA17

Authority and Issuance

For the reasons set forth in the joint preamble, NEA proposes to amend 45 CFR chapter XI, parts 1151 and 1156, as set forth below:

End Part Start Part

PART 1151—NONDISCRIMINATION ON THE BASIS OF HANDICAP

1. The authority citation for part 1151 continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

2. Section 1151.3 is amended by adding a new paragraph (h) to read as follows:

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.

[Amended]

3. The undesignated center heading immediately preceding § 1151.21 is amended by removing the word “Program”.

4. Section 1151.22 is amended by revising the first sentence of paragraph (a) to read as follows:

Existing facilities.

(a) A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. * * *

* * * * *

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

SectionRemoveAdd
1151.2or benefits from
1151.4(a), second sentenceprograms and activitiesprograms or activities
1151.16(a)or benefits from
1151.16(b)the benefits of a programaid, benefits, or services
1151.16(c)programprogram or activity
1151.16(c)or benefiting from
1151.16(e)programs and activitiesprograms or activities
1151.17(a), introductory textbenefit, service, or programbenefit, or service
1151.17(a)(1)program,
1151.17(a)(5)programprogram or activity
1151.17(b)programs or activitiesaid, benefits, or services
1151.17(c)(2)programprogram or activity
1151.17(d)(1)or benefits from
1151.17(e)or benefiting from
1151.18(a)(3)for a specific program offeredand offering, for example, a specific event
1151.18(a)(3)that programthat specific event
1151.18(b)programsaid, benefits, or services
1151.18(d)benefits of the programs and activitiesaid, benefits, or services
1151.18(d)programs and activitiesaid, benefits, or services
1151.18(e)programs and activitiesprograms or activities
1151.22(b), last sentenceoffer programs and activities toserve
1151.22(c)to make programs or, activities in existing facilities accessible
1151.22(d)(3)program accessibilityaccessibility under paragraph (a) of this section
1151.31(a)or benefits from
1151.31(c), last sentenceapprenticeship programsapprenticeships
1151.31(d)(8)socialthose that are social
1151.31(d)(8)programs
1151.32(a)programprogram or activity
1151.32(c), introductory textprogramprogram or activity
1151.32(c)(1)programprogram or activity
Start Printed Page 76511
1151.41(a), first sentencefor a program or activity
1151.41(a), first sentencethe programthe program or activity
End Part Start Part

PART 1156—NONDISCRIMINATION ON THE BASIS OF AGE

6. The authority citation for part 1156 continues to read as follows:

Start Authority

Authority: 42 U.S.C. 6101 et seq.; 45 CFR part 90.

End Authority
[Amended]

7. Section 1156.2 is amended by removing the words “and to each program or activity that receives or benefits from such assistance” in paragraph (a).

8. Section 1156.3 is amended by redesignating paragraphs (h) through (n) as paragraphs (i) through (o), respectively; and by adding a new paragraph (h) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section.

* * * * *

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

SectionRemoveAdd
1156.1, last sentenceprograms and activitiesprograms or activities
1156.7(c)programprogram or activity
1156.10, first sentenceprograms and activitiesprograms or activities
1156.17(a)(2), last sentenceprogram
1156.19(c)(2), first sentenceFederal
1156.20(b)(2)program or the activityFederal financial assistance
Start Signature

Dated: August 21, 2000.

Karen Elias,

Deputy General Counsel, National Endowment for the Arts.

End Signature

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment For the Humanities

45 CFR Chapter XI

RIN 3136-AA24

Authority and Issuance

For the reasons set forth in the joint preamble, NEH proposes to amend 45 CFR chapter XI, part 1170 as set forth below:

End Part Start Part

PART 1170—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES

1. The heading for part 1170 is revised to read as set forth above.

2. The authority citation for part 1170 continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

3. Section 1170.3 is amended by revising paragraph (g) to read as follows:

Definitions.
* * * * *

(g) The term program or activity means all of the operations of any entity described in paragraphs (g)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the Start Printed Page 76512entities described in paragraph (g)(1), (2), or (3) of this section.

* * * * *

Subpart D to Part 1170 [Amended]

4. The heading for subpart D is amended by removing the word “Program”.

5. Section 1170.32 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible to handicapped persons. * * *

* * * * *

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

SectionRemoveAdd
1170.2or benefits from
1170.3(a), and
1170.3(a)95-60295-602, and by the Civil Rights Restoration Act of 1987, Pub.L. 100-259
1170.3(d)programprogram or activity
1170.11or benefits from
1170.12(a)(5)programprogram or activity
1170.12(b)programs or activitiesaid, benefits, or services
1170.12(c)(2)programprogram or activity
1170.12(d)(1)or benefits from
1170.12(e)the benefits of a programaid, benefits, or services
1170.12(e)from a programfrom aid, benefits, or services
1170.12(f)programs and activitiesprograms or activities
1170.13(a)(3)programsaid, benefits, or services
1170.13(a)(3)programaid, benefit, or service
1170.13(a)(4), first sentenceof a program's
1170.13(c)the programs and activitiesthe program or activity
1170.13(c)museum programs and activitiesmuseum aid, benefits, or services
1170.13(d)programs and activitiesprograms or activities
1170.21(a)or benefits from
1170.21(c), last sentenceapprenticeship programsapprenticeships
1170.21(d)(8)socialthose that are social
1170.21(d)(8)programs
1170.22(a)programprogram or activity
1170.22(c), introductory textprogramprogram or activity
1170.22(c)(1)programprogram or activity
1170.32(b), last sentenceoffer programs and activities toserve
1170.32(d)(3)program accessibilityaccessibility under paragraph (a) of this section
1170.41programs and activitiesprograms or activities
1170.41or benefit from
1170.43(a)program or activityaid, benefit, or service
1170.43(d)programs and activitiesprogram or activity
1170.44(a), second sentenceprogram of
1170.44(c),in its program
1170.44(d)(1)under the education program or activity operated by the recipient
1170.47(a)(1), first sentenceprograms and activitiesaid, benefits, or services
1170.51(a), first sentencefor a program or activity
1170.51(a), first sentencethe programthe program or activity
1170.52(a)(3)(i)programprogram or activity
1170.52(a)(3)(ii)programprogram or activity
1170.54(a), second sentenceprograms and activitiesprograms or activities
Start Signature

Dated: September 11, 2000.

Laura S. Nelson,

Assistant General Counsel, National Endowment for the Humanities.

End Signature

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Chapter XII

RIN 3045-AA29

Authority and Issuance

For the reasons set forth in the joint preamble, the Corporation proposes to amend 45 CFR chapter XII, parts 1203 and 1232 as set forth below:

End Part Start Part

PART 1203—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 1203 continues to read as follows:

Start Authority

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.

End Authority

2. Section 1203.3 is amended by revising paragraph (e) to read as follows:

Definitions.
* * * * *

(e) Program or activity and program mean all of the operations of any entity described in paragraphs (e)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

(ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; Start Printed Page 76513

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (e)(1), (2), or (3) of this section.

* * * * *

3. Section 1203.5 is amended by revising paragraph (b), paragraph (c)(2), and the heading of paragraph (d) to read as follows:

Assurances required.
* * * * *

(b) Assurances from Government agencies. In the case of an application from a department, agency, or office of a State or local government for Federal financial assistance for a specified purpose, the assurance required by this section shall extend to any other department, agency, or office of the same governmental unit if the policies of the other department, agency, or office will substantially affect the project for which Federal financial assistance is requested.

(c) * * *

(2) The assurance required by an academic institution, detention or correctional facility, or any other institution or facility, relating to the institution's practices with respect to admission or other treatment of individuals as students, patients, wards, inmates, persons subject to control, or clients of the institution or facility or to the opportunity to participate in the provision of services, disposition, treatment, or benefits to these individuals, is applicable to the entire institution or facility.

(d) Continuing Federal financial assistance. * * *

* * * * *

Appendix A to Part 1203 [Amended]

4. The heading for appendix A to part 1203 is amended by removing the word “Programs” and adding, in its place, the words “Federal Financial Assistance”.

Appendix B to Part 1203 [Amended]

5. The heading for appendix B to part 1203 is amended by removing the word “Programs” and adding, in its place, the words “Federal Financial Assistance”.

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

SectionRemoveAdd
1203.2(a), introductory text, first sentencefederally assisted programstypes of Federal financial assistance
1203.2(a), introductory text, second sentenceunder a program
1203.2(a)(2)under a program
1203.2(a)(3)under a program
1203.2(a), concluding text, first sentencea programa type of Federal financial assistance
1203.2(a), concluding text, first sentencethe programa program
1203.2(a)(4) concluding text last sentenceprogramstypes of Federal financial assistance
1203.2(b)as part of the program receiving that assistance
1203.3(d)for the purpose of carrying out a program
1203.3(f)for any program,
1203.3(f)under a program
1203.4(b)(1), introductory textunder a program
1203.4(c)(1), first sentencea program ofthe
1203.5(a)(1), first sentenceto carry out a program
1203.5(a)(1), first sentenceexcept a programexcept an application
1203.5(a)(1), second sentenceprogramaward
1203.5(a)(1), fifth sentencefor each program,
1203.5(a)(1), fifth sentencein the program
1203.5(a)(2), second sentenceunder a program ofwith
1203.5(a)(2), third sentenceprogramstatute
1203.5(d), introductory textto carry out a program involvingfor
1203.5(d), introductory textprogramstypes of Federal financial assistance
1203.6(b), second sentenceof a program underin
1203.6(d)program under whichprogram for which
1203.9(e), first sentenceprogramsFederal statutes,authorities, or other means by which Federal financial assistance is extended and
1203.10(f)under the program involvedto which this regulation applies
1203.10(f)assistance willassistance to which this regulation applies
1203.10(f)under the programs
1203.12(a), first sentenceunder a program
End Part Start Part Start Printed Page 76514

PART 1232—NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

7. The heading for part 1232 is revised to read as set forth above.

8. The authority citation for part 1232 continues to read as follows:

Start Authority

Authority: 29 U.S.C. 794.

End Authority

9. Section 1232.3 is amended by adding a new paragraph (m) to read as follows:

Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.

Subpart C of Part 1232 [Amended]

10. The heading for subpart C of part 1232 is amended by removing the word “Program”.

[Amended]

11. The heading for § 1232.13 is amended by removing the word “program”.

12. Section 1232.14 is amended by revising the first sentence of paragraph (a) and paragraph (b) to read as follows:

Existing facilities.

(a) A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily accessible and usable by handicapped persons. * * *

(b) A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. Where structural changes are necessary to comply with paragraph (a) of this section, such changes shall be made as soon as practicable, but in no event later than three years after the effective date of the regulation.

* * * * *

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

SectionRemoveAdd
1232.2, first sentenceor benefits from
1232.2, first sentenceincluding volunteer programs such asincluding, but not limited to
1232.3(k)under any programsas
1232.4(b)(1)(v)programprogram or activity
1232.4(b)(2)programs or activitiesaid, benefits, or services
1232.4(b)(3)(ii)programprogram or activity
1232.4(b)(4)(i)or benefits from
1232.4(c)the benefits of a programaid, benefits, or services
1232.4(c)from a programfrom aid, benefits, or services
1232.4(d)programs and activitiesprograms or activities
1232.4(f)programprogram or activity
1232.4(f)or benefiting from
1232.5(a), first sentencefor a program or activity
1232.5(a), first sentenceprogramprogram or activity
1232.5(c)volunteer programprogram or activity
1232.7(a)(3)(i)programprogram or activity
1232.7(a)(3)(ii)programprogram or activity
1232.7(a)(3)(iii)programprogram or activity
1232.9(a)or benefits from
1232.9(c)(8)socialthose that are social
1232.9(c)(8)programs
1232.9(d), last sentenceapprenticeship programsapprenticeships
1232.9(f)volunteer programprogram or activity
1232.10(a)programprogram or activity
1232.10(c), introductory textprogramprogram or activity
1232.10(c)(1)programprogram or activity
Start Signature
Start Printed Page 76515

Dated: November 6, 2000.

Frank Trinity,

Acting General Counsel, Corporation for National and Community Service.

End Signature

DEPARTMENT OF TRANSPORTATION

49 CFR Subtitle A

RIN 2105-AC96

Authority and Issuance

For the reasons set forth in the joint preamble, DOT proposes to amend 49 CFR subtitle A, parts 21 and 27 as set forth below:

End Part Start Part

PART 21—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 21 is revised to read as follows:

Start Authority

Authority: 42 U.S.C. 2000d-2000d-7.

End Authority

2. Section 21.7 is amended by removing the fifth sentence of paragraph (a)(1) and by revising the heading of paragraph (b) to read as follows:

Assurances required.
* * * * *

(b) Continuing Federal financial assistance. * * *

3. Section 21.23 is amended by revising paragraph (e) to read as follows:

Definitions.
* * * * *

(e) Program or activity and program mean all of the operations of any entity described in paragraphs (e)(1) through (4) of this section, any part of which is extended Federal financial assistance:

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (e)(1), (2), or (3) of this section.

* * * * *

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

SectionRemoveAdd
21.3(a), introductory text, first sentencefederally assisted programs and activitiestypes of Federal financial assistance
21.3(a), introductory text, second sentenceunder any such program
21.3(a)(2)under any such program
21.3(a)(3)under any such program
21.3(a), concluding text, first sentenceprogram or activitytype of Federal financial assistance
21.3(a), concluding text, first sentencesucha
21.3(a), concluding text, last sentenceprogramstypes of Federal financial assistance
21.5(b)(1), introductory textunder any program
21.5(b)(6)programs oftypes of Federal financial assistance administered by
21.5(c)(1), first sentencea program ofthe
21.5(c)(1), first sentenceassistanceassistance to a program
21.7(a)(1), first sentenceto carry out a program
21.7(a)(1), first sentenceexcept a programexcept an application
21.7(a)(1), second sentenceprogramaward
21.7(a)(1), sixth sentencefor each program
21.7(a)(1), sixth sentencein the program
21.7(a)(2), second sentenceunder a program ofwith
21.7(a)(2), third sentenceprogramstatute
21.7(b)to carry out a program involvingfor
21.7(b)programstypes of Federal financial assistance
21.9(b), second sentenceof any program underin
21.9(d)underfor
21.15(e), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
21.17(f)under the program involvedto which this regulation applies
21.17(f)assistance willassistance to which this regulation applies will
21.17(f)under such programs
21.21(a), first sentenceunder such program
21.23(d)for the purpose of carrying out a program
21.23(f)for any program,
21.23(f)under any such program
End Part Start Part Start Printed Page 76516

PART 27—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

5. The heading for part 27 is revised to read as set forth above.

6. The authority citation for part 27 continues to read as follows:

Start Authority

Authority: Sec. 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit Act of 1964, as amended (49 U.S.C. 5310 (a) and (f); sec. 165(b) of the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.).

End Authority

Subpart A—General

7. Section 27.5 is amended by revising the definition of Primary recipient and adding, in alphabetical order, a definition of Program or activity to read as follows:

Definitions.
* * * * *

Primary recipient means any recipient that is authorized or required to extend Federal financial assistance from the Department to another recipient.

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

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

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

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

(ii) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition.

* * * * *

8. Section 27.7 is amended by revising the heading for paragraph (d) to read as follows:

Discrimination prohibited.
* * * * *

(d) Aid, benefits, or services limited by Federal law. * * *

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

SectionRemoveAdd
27.3(a)or benefits from
27.5, definition of Qualified handicapped person, paragraph (2)activitiesservices
27.5, definition of Recipientfor any Federal program,
27.5, definition of Recipientunder any such program
27.7(a)or benefits from
27.7(b)(1)(v)programprogram or activity
27.7(b)(3)programs or activitiesaid, benefits, or services
27.7(b)(4)(ii)programprogram or activity
27.7(b)(5)(i)or benefits from
27.7(b)(6)or benefitting from
27.7(d)In programsFor aid, benefits, or services
27.9(a), first sentenceto carry out a program
27.9(a), first sentenceprogram willprogram or activity will
27.9(b)(4)programprogram or activity
27.11(a)(3)(i)programprogram or activity
27.11(a)(3)(ii)programprogram or activity

10. The heading of subpart B is revised to read as follows:

Subpart B—Accessibility Requirements in Specific Operating Administration Programs: Airports, Railroads, and Highways

End Part

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:

SectionRemoveAdd
27.71(b), last sentenceprogramsprograms or activities
27.77Essential Air Service ­programEssential Air Service Program

Subpart C—Enforcement

Start Printed Page 76517

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

SectionRemoveAdd
27.121(b), last sentenceof any program underin
27.121(d)programprogram or activity
27.125(b)(2)programprogram or activity
27.127(f), first sentenceprogramsFederal statutes, authorities, or other means by which Federal financial assistance is extended and
27.129(e), first sentenceunder the program involvedto which this first regulation applies
27.129(e), last sentenceassistanceassistance to which this regulation applies
Start Signature

Dated: August 25, 2000.

Rodney E. Slater,

Secretary of Transportation.

End Signature End Supplemental Information

[FR Doc. 00-29358 Filed 12-5-00; 8:45 am]

BILLING CODE 3410-94-P, 7590-01-P, 6450-01-P, 8025-01-P, 7510-01-P, 3510-BP-P, 4710-10-P, 6116-01-P, 4410-13-P, 4510-23-P, 8320-01-P, 6560-50-P, 6820-34-P, 4310-RE-P, 6718-01-P, 7555-01-P, 7536-01-P, 7536-01-P, 7036-01-P, 6050-28-P, 4910-62-P