supplementary information:

Overview

On December 6, 2000, the Agencies published a notice of proposed rulemaking (NPRM) in the Federal Register (65 FR 76460) proposing to amend the regulations governing nondiscrimination on the basis of race, color, national origin, handicap, and age to conform with the Civil Rights Restoration Act of 1987, Pub. L. 100-259 (“CRRA”).

The Agencies are amending their civil rights regulations to conform to provisions of the CRRA regarding the scope of coverage under civil rights statutes they administer. These statutes include Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq. (“Title VI”); section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 (“section 504”); and the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq. (“Age Discrimination Act”). Title VI prohibits discrimination on the basis of race, color, and national origin in all programs or activities that receive federal financial assistance; section 504 prohibits discrimination on the basis of disability in all programs or activities that receive federal financial assistance; and the Age Discrimination Act prohibits discrimination on the basis of age in all programs or activities that receive federal financial assistance. (Note that the CRRA does not affect coverage under federal employment nondiscrimination statutes, such as Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, and the Age Discrimination in Employment Act.)

Background Information

The principal conforming change amends each of these regulations to add a definition of “program or activity” or “program” that reflects the statutory definition of “program or activity” or “program” enacted as part of the CRRA. We believe that adding this statutory definition to the regulatory language is the best way to avoid confusion on the part of beneficiaries, recipients, government entities, and other interested parties about the scope of civil rights coverage. These amendments also conform to a final rule under Title IX of the Education Amendments of 1972, as amended, to establish common regulations for 21 federal agencies published on August 30, 2000, 65 FR 52857. That common rule incorporated the statutory definitions of “program or activity” and “program” enacted as part of the CRRA.

When originally issued and implemented, the Agencies' civil rights regulations were interpreted by the Agencies to mean that acceptance of federal assistance by a recipient resulted in broad coverage of an entity. The Supreme Court, however, interpreted “program or activity” in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 570-74 (1984). The Court concluded in Grove City College that federal student financial assistance provided to a college established jurisdiction under Title IX only over the college's financial aid program, not the entire college. Since Title IX was patterned after Title VI, this interpretation significantly narrowed the prohibitions of Title VI and two other statutes based on it: the Age Discrimination Act and section 504. See S. Rep. No. 100-64, at 2-3, 11-16, reprinted in 1988 U.S.C.C.A.N. at 3-5, 13-18. Following the Supreme Court's decision in Grove City, the Agencies changed their interpretation, but not the language, of the governing regulations to be consistent with the Court's restrictive, program-specific definition of “program or activity.”

In 1988, Congress enacted the CRRA to restore the prior consistent and long-standing executive branch interpretation and “broad, institution-wide application” of those laws as previously administered. See S. Rep. No. 100-64, at 4, reprinted in 1988 U.S.C.C.A.N. at 6. Congress enacted the CRRA in order to remedy what it perceived to be a serious narrowing by the Supreme Court of a longstanding administrative interpretation of the coverage of these laws. At that time, the Agencies reinstated their broad interpretation to be consistent with the CRRA, again without changing the language of the regulations. To the extent there was any inconsistency between the language of the regulations and the language of the CRRA, it was and remains the Agencies' interpretation that the CRRA superseded the regulations and, therefore, the regulations must be read in conformity with the CRRA. This interpretation was consistent with the understanding of Congress as expressed in the legislative history of the CRRA that the statutory definition of “program or activity” would take effect immediately without the need for federal agencies to amend their existing regulations. S. Rep. No. 100-64, at 32, reprinted in 1988 U.S.C.C.A.N. at 34.

These regulatory amendments are designed to address an issue recently raised by the Third Circuit Court of Appeals in Cureton v. NCAA, 198 F.3d 107 (3d Cir. 1999). The Third Circuit determined that, because the Departments of Health and Human Services and Education did not amend their Title VI regulations after the enactment of the CRRA, application of the Departments' Title VI regulations to disparate impact discrimination claims is “program specific” ( i.e., limited to the particular program receiving federal financial assistance), rather than institution-wide ( i.e., applicable to all of the operations of the institution regardless of the use of the federal funds). See id. at 114-16. As noted above, however, the Agencies have, since the passage of the CRRA, consistently interpreted the coverage of their Title VI regulations to reach those programs that fall within the broad statutory definition of “program or activity.” The Cureton decision thwarts clearly expressed congressional intent by giving continued effect to a judicial interpretation that Congress intended to override. In any event, the regulatory changes address the concerns raised by the Third Circuit in that the regulations would track the CRRA's statutory language and apply to both disparate impact and disparate treatment forms of discrimination. (“Disparate treatment,” i.e., intentional discrimination, refers to policies or practices that treat individuals differently based on their ( printed page 51336) race, color, national origin, disability, or age, as applicable. Discrimination that involves such disparate treatment is barred by the civil rights statutes and regulations. “Disparate impact” refers to criteria or methods of administration that have a significant adverse effect on individuals based on race, color, national origin, disability, or age, as applicable. Such criteria or practices constitute impermissible discrimination if there is no substantial legitimate justification for those criteria or practices. However, even where such a justification exists, if there is an equally effective but less discriminatory alternative, that alternative must be adopted.)

Pursuant to Executive Order 12250 (“Leadership and Coordination of Nondiscrimination Laws”), the Department of Justice (“DOJ”) requested that the Agencies jointly issue amendments to their regulations implementing Title VI, Section 504, and the Age Discrimination Act to incorporate the CRRA definitions of “program” and “program or activity.” The two federal agencies implicated in the Cureton decision—the Department of Education (“ED”) and the Department of Health and Human Services (“HHS”)—are promulgating separate rules to incorporate the CRRA's expanded definition of “program or activity” and “program” in their regulations. ED published its NPRM on May 5, 2000, 65 FR 26464, and published its final rule on November 13, 2000, 65 FR 68050. HHS published its NPRM on October 26, 2000, 65 FR 64194, and plans to publish its final rule soon. DOJ participated in and coordinated the promulgation of amendments to 22 other agencies' Title VI, Section 504, and Age Discrimination Act regulations. 65 FR 76460. Again, while DOJ views these modifications to be merely technical in nature, public comments were invited on these modifications.

These changes are summarized in the sections below.

Definition of “Program or Activity” and “Program”

The statutory definition, which is now incorporated into the regulations, addresses the scope of coverage for four broad categories of recipients: (1) State or local governmental entities; (2) colleges, universities, other postsecondary educational institutions, public systems of higher education, local educational agencies, systems of vocational education, and other school systems; (3) private entities, such as corporations, partnerships, and sole proprietorships; and (4) entities that are a combination of any of those groups. See42 U.S.C. 2000d-4a.

Under the first part of the definition, when State and local governmental entities receive financial assistance from a federal agency, the “program or activity” or “program” in which discrimination is prohibited includes all of the operations of any State or local department or agency to which the federal assistance is extended. If, for example, a State or local agency receives federal assistance for one of many functions of the agency, all of the operations of the entire agency are subject to the nondiscrimination provisions of these regulations. In addition, “program or activity” or “program” also includes all of the operations of the entity of a State or local government that distributes the federal assistance to another State or local governmental agency or department and all of the operations of the State or local governmental entity to which the financial assistance is extended. See42 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. See42 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. See42 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. See42 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. See42 U.S.C. 2000d-4a(4).

The amendments incorporate the CRRA definition of “program or activity” and “program” into the agencies’ regulations. When Congress amended Title VI in the CRRA, it added definitions of both “program or activity” and “program” to the statute. Therefore, we are amending each agency's Title VI regulations to incorporate the definition of both “program or activity” and “program.” However, when Congress amended section 504 and the Age Discrimination Act in the CRRA, it added a definition of the term “program or activity,” but did not add a similar definition of the term “program.” Thus, we are amending the agencies’ section 504 and Age Discrimination Act regulations to incorporate a new definition of “program or activity” only.

As explained below, in order to conform with the CRRA definitions of “program or activity” and “program,” the regulatory changes also modify or delete some existing sections of the Agencies' regulations that have become superfluous or incorrect following enactment of the CRRA. These regulatory changes do not change the requirements of the existing regulations.

It is important to note that the changes do not in any way alter the requirement of the CRRA that a fund termination be limited to the particular programs “or part[s] thereof” that discriminate, or, as appropriate, to all of the programs that are infected by the discriminatory practices. See S. Rep. No. 100-64, at 20, reprinted in 1988 U.S.C.C.A.N. at 22 (“The [CRRA] defines ‘program' in the same manner as ‘program or activity,' and leaves intact the ‘or part thereof' pinpointing language.”).

Assurances

Several agencies' Title VI regulations included an assurance requirement that has created confusion with regard to the scope of “program or activity” under ( printed page 51337) these regulations. In general, these assurances, which are legal agreements between the government and recipients of federal financial assistance, are designed to ensure that recipients of federal financial assistance comply with nondiscrimination laws and do not discriminate in their programs or activities. However, some agencies had assurance provisions that were confusing in light of the CRRA because they incorrectly stated that, in some circumstances, certain parts of a program will not be covered by civil rights laws. For example, DOJ's assurance provision, which is very similar to the corresponding assurance requirements in other agencies' Title VI regulations, provided in part: “[t]he assurance * * * shall be applicable to the entire institution unless the applicant establishes, to the satisfaction of the responsible Department official, that the practices in designated parts or programs of the institution * * * will in no way affect its practices in the program of the institution * * * for which Federal financial assistance is sought. * * *” 28 CFR 42.105(c)(2). In order to avoid any further confusion, the regulatory changes delete the above provision and similar provisions in the regulations of other agencies that incorrectly suggest that some parts of a program will not be covered under certain circumstances. These changes ensure that agency regulations reflect the broad scope of coverage of a program or activity that was contemplated by the CRRA.

Several federal agencies' Title VI regulations provided illustrative examples or applications that referred to the waiver language contained in the assurance provision. Because the waiver language in relevant assurance provisions has been deleted, similar language and references in illustrative applications and examples also have been deleted. These deletions do not affect the reach of the statutes or regulations.

Other References to “Program” and “Program or Activity”

In addition, we deleted references to “program” and “program or activity” in the regulations that did not conform to the broadened CRRA definition of “program” and “program or activity.” For example, in some instances, we substituted “Federal financial assistance” for “program” or “program or activity” where the phrase referred to federal financial assistance. In other instances, we substituted the phrase “aid, benefit, or service” if that was the intended meaning. We made revisions when the terms “program” and “program or activity” were used too narrowly, i.e., when they were used to indicate only a specific portion of a program that directly receives assistance. The nomenclature tables, which are charts designed to provide an easy method for viewing the words to be removed or replaced, show these conforming changes for each agency. In some instances, we changed the phrase “program and activity” to “program or activity” to conform the regulations to the term as defined in the CRRA. We did not modify the term “activity” when it appears separately from the phrase “program or activity” and is used in a manner unrelated to the CRRA phrase “program or activity.”

In promulgating its final regulations, the Department of Education (“ED”) used the plural terms “programs” and “programs or activities” to refer generally to multiple programs or activities operated by multiple recipients. In all other instances, however, ED used the singular terms “program” or “program or activity.” ED explained that it had decided to use the singular terms in all such instances to reflect the fact that virtually all of ED's recipients, such as institutions of higher education, have only one “program” or “program or activity” encompassing all of the recipient's operations. Noting that the singular also can be interpreted to encompass the plural, ED further explained that the use of the singular was appropriate even for those cases in which ED might fund a recipient that operates more than one program or activity (such as when an individual recipient corporation has multiple plants each of which is a separate program or activity). Given the greater range of recipient entities funded by the multiple agencies participating in this joint final rule and the likelihood that most of these agencies fund recipients that may operate more than one program or activity, the participating agencies have not endeavored to make any changes to these regulations solely related to the use of the singular or plural forms of these terms. As such, the regulations of these agencies may differ from ED's regulations in terms of the use of the singular or plural form of “program” or “program or activity,” but such differences should not be interpreted to imply any legal difference in the intended scope of coverage.

Although we have generally deleted all references to “program” and “program or activity” where such references do not conform to the CRRA, we have not done so when the regulation is merely copying statutory language. For example, the regulations for some agencies contain a compliance provision that requires the agency to report any order for fund termination to the congressional committee with jurisdiction over the “program” involved. In this case, the term “program” clearly refers to Federal financial assistance, but we did not replace the word because the copied statutory language itself uses the term “program.”

In other instances in which the term “program” is used in a manner inconsistent with the CRRA, we capitalized the word in order to distinguish it from the term defined by the CRRA. For example, we capitalized certain terms of art ( e.g., “Historic Preservation Program,” “Individualized Education Program”) or names of types of federal financial assistance ( e.g., “School Lunch Program”) to avoid confusion.

Other Conforming Changes

Other changes include modifications to some agencies' definition of “recipient.” A few agencies defined this term to include an entity that “benefits from” Federal financial assistance. Likewise, many agencies’ section 504 and Age Discrimination Act regulations used the phrase “receives or benefits from Federal financial assistance.” The phrase “or benefits from” in this context has been deleted as it is superfluous in light of the CRRA.

Because the changes are limited to those that are related to the CRRA definition of “program” and “program or activity,” we did not make additional technical corrections unless the provision was already subject to a CRRA-related change. Likewise, we did not make other technical corrections to outdated agency or office names, with one notable exception. Since the regulations for the Department of Energy require that age discrimination complaints be filed with a specific office, we have updated the regulations to reflect the new name of that office, thereby reducing confusion for individual complainants.

Although we are not amending the content of the Agencies' appendices, the headings and introductory text describing the content are amended to conform with the CRRA. Additional conforming changes to the body of the various agency appendices will be published in the Federal Register in a separate document at a later date.

Coordination With the Department of Education

The Department of Education (“ED”)—one of two agencies that were implicated in the Cureton decision and that have decided to promulgate ( printed page 51338) separate rules to incorporate the CRRA's expanded definition of “program or activity” in their regulations—published its proposed rule on May 5, 2000, at 65 FR 26464, and its final rule on November 13, 2000, at 65 FR 68050. Among other modifications, ED's amendments contain several conforming changes to the following three subparts of its Section 504 regulations: (1) Preschool, Elementary, and Secondary Education; (2) Postsecondary Education; and (3) Health, Welfare, and Social Services.

Eight other Federal agencies have Section 504 regulations containing sections similar to all or a portion of the provisions in the above three subparts. Because we believe that it is particularly important to maintain consistency among Federal agencies with respect to these subparts, we have, with a few minor exceptions, followed ED's lead when amending these sections for the other eight agencies—Department of Agriculture, Department of Commerce, Department of Interior, Department of State, Department of Veterans Affairs, Agency for International Development, National Endowment for the Humanities, and National Science Foundation—that have similar regulations.

Coordination With the Department of Health and Human Services

The other agency implicated in the Cureton decision is the Department of Health and Human Services (HHS). Like ED, HHS promulgated its own separate NPRM, which was published on October 26, 2000 at 65 FR 64194. We coordinated with HHS, as we did with ED, to avoid any inconsistencies between this joint rule and those agencies' separate rules.

Differences Among Agencies

Some agencies lack regulations implementing section 504 or the Age Discrimination Act. In accordance with the limited scope of this regulation, we are not adding section 504 or Age Discrimination Act sections to agencies that lack such regulations. Outlined below are the agencies that do not have such implementing regulations, as well as agencies that have comprehensive rules implementing several statutes in one set of regulations or that follow the regulations of another Federal agency.

Agencies that do not have regulations implementing the Age Discrimination Act and, therefore, are amending only their regulations implementing Title VI and section 504 are: the Department of Agriculture, the Department of Labor, the Department of Defense, the Environmental Protection Agency, and the Department of Transportation. The Federal Emergency Management Agency (“FEMA”) does not have regulations applying section 504 to recipients of Federal financial assistance but, instead, operates in accordance with section 504 regulations developed by HHS. Therefore, FEMA is amending only its regulations implementing Title VI and the Age Discrimination Act. Likewise, the Small Business Administration does not have regulations applying section 504 to recipients of federal financial assistance and, therefore, is amending only its Title VI and Age Discrimination Act regulations.

In addition, the Corporation for National and Community Service (“the Corporation”) lacks regulations applying the Age Discrimination Act, Title VI, and section 504 to recipients of Federal financial assistance. Instead, the Corporation, which is the successor of ACTION, operates in accordance with Title VI and section 504 regulations promulgated by ACTION and is amending only those regulations. Similarly, the National Endowment for the Arts, the National Endowment for the Humanities (“NEH”), and the Institute of Museum and Library Services (“IMLS”), which together constitute the National Foundation on the Arts and the Humanities (“NFAH”), operate in accordance with Title VI regulations developed jointly by these three agencies and thus are amending their Title VI regulations jointly. However, NEA is separately amending its section 504 and Age Discrimination Act regulations, while NEH, which lacks an Age Discrimination Act regulation, is amending its section 504 regulation only. IMLS, which operates in accordance with NEH's section 504 regulations and does not have regulations implementing the Age Discrimination Act, is not issuing any separate amendments.

Analysis of Comments and Changes

In the NPRM, we invited comments on the proposed regulations. We received two comments. The first commenter wrote in support of the NPRM, stating that Title VI, section 504, and the Age Discrimination Act needed to be strengthened and be made uniform by adding the definitions of “program or activity.” The commenter also stated that the amendments would result in consistent and adequate enforcement of Title VI, section 504, and the Age Discrimination Act, and commended the Department of Justice and its “sister Federal agencies” for amending the regulations.

The second commenter advanced the view that the Agencies should not amend the regulations at this time because the commenter believed an amendment would be untimely due to a case then-pending before the United States Supreme Court ( Alexander v. Sandoval, 532 U.S. 275 (2001)). Sandoval did not, however, address the focus of this rulemaking—revising the regulations to conform them to the added definition of “program or activity” or “program.” Instead, Sandoval addressed a different issue—whether there is an implied private right of action to enforce disparate-impact regulations promulgated under Section 602 of Title VI and concluded that there was not such a right. The Agencies have decided to proceed with the amendment of their regulations because we believe it is important to conform the regulations to the civil rights statutes as amended by the CRRA. We are, however, mindful of the Supreme Court's statements in Sandoval that call the validity of the Title VI disparate-impact regulations into question.^[2]

In addition, in consultation with the Department of Justice, the Agencies have reviewed the regulations since publication of the NPRM and have made minor editorial and technical changes.

Applicable Executive Orders and Regulatory Certifications

Executive Order 12067

These conforming changes have been reviewed by the Equal Employment Opportunity Commission pursuant to Executive Order 12067.

Executive Order 12250

These conforming changes to the Title VI and section 504 regulations have been reviewed and approved by the Attorney General pursuant to Executive Order 12250.

Executive Order 12866

These regulations have been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review”, Section 1(b), Principles of Regulation. The Department of Justice has determined that this rule is not a “significant regulatory action” under Executive Order 12866, Section 3(f), and accordingly this rule has not been reviewed by the Office of Management and Budget. Under the terms of the ( printed page 51339) order we have assessed the potential costs and benefits of this regulatory action.

In assessing the potential costs and benefits—both quantitative and qualitative—of these final regulations, we have determined that there probably will be no cost impacts because these final regulations merely clarify longstanding policy of the Agencies and do not change the Agencies' practices in addressing issues of discrimination.

We also have determined that this regulatory action would not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.

We summarized the potential costs and benefits of these final regulations in the preamble to the joint NPRM (65 FR 76460).

Age Discrimination Act of 1975

The Age Discrimination Act of 1975 and the Department of Health and Human Services' (“HHS”) general, government-wide implementing regulations give the Secretary of HHS the authority to review changes to the Age Discrimination Act regulations of federal agencies. This authority has been delegated to the Office for Civil Rights (“OCR”), which has reviewed and approved these conforming changes.

Small Business Regulatory Enforcement Fairness Act of 1996

It has been determined that this rule is not a major rule as defined by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

All recipients of federal funding have been bound by these standards of liability since the passage of the CRRA, when the Agencies reinstated their broad interpretation of the terms “program or activity” and “program” and applied these regulations on an institution-wide basis without changing the language of the regulations. The joint rule merely makes the regulations track the statutory language of the CRRA, both for disparate impact and disparate treatment forms of discrimination. These regulations implement statutory amendments and longstanding agency policy.

Unfunded Mandates Reform Act of 1995

The Unfunded Mandate Reform Act of 1995, Public Law 104-4, 109 Stat. 48 (1995), requires agencies to prepare several analytic statements before proposing any rule that may result in annual expenditures of $100 million by State, local, Indian tribal governments or the private sector. See 2 U.S.C. 1532.

These amendments make technical changes to existing regulations that enforce statutory prohibitions on discrimination on the basis of race, color, national origin, age, or disability. Therefore, these amendments will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and they will not significantly or uniquely affect small governments. The participating agencies certify that no actions were deemed necessary under the Unfunded Mandate Reform Act of 1995.

Regulatory Flexibility Act

The Agencies, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), have reviewed these regulations and certify that these regulations will not have a significant economic impact on a substantial number of small entities, in large part because these regulations do not impose any new substantive obligations on ederal funding recipients. All recipients of Federal funding have been bound by these standards of liability since the passage of the CRRA, when the Agencies reinstated their broad interpretation of the terms “program or activity” and “program” and applied these regulations on an institution-wide basis without changing the language of the regulations. The joint rule merely makes the regulations track the statutory language of the CRRA, both for disparate impact and disparate treatment forms of discrimination. These regulations implement statutory amendments and longstanding agency policy.

Paperwork Reduction Act

The Agencies certify that this rule will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

Executive Order 13132

This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The rule does not subject federal funding recipients to new obligations. The regulations amend and clarify existing regulations that are required by statute pursuant to Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. Therefore, in accordance with section 6 of Executive Order 13132, the Agencies have determined that these amendments do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

Adoption of Joint Rule

The 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 amends 7 CFR subtitle A, parts 15 and 15b as set forth below:

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

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

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

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

4. Section 15.4 is amended by revising paragraph (c) to read as follows:

7. The heading for part 15b is revised to read as set forth above.

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

Authority: 29 U.S.C. 794.

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

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:

12. Section 15b.18 is amended by revising the heading and first sentence of paragraph (a), the heading of paragraph (e), and the first sentence of paragraph (e)(1) introductory text to read as follows:

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”.

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:

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:

NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

RIN 3130-AG65

Authority and Issuance

For the reasons set forth in the joint preamble, NRC amends 10 CFR chapter I, part 4 as set forth below:

1. The heading for part 4 is revised as set forth above.

2. The authority citation for part 4 is revised to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78 Stat. 252, 253 (42 U.S.C. 2000d-2000d-7); sec. 401, 88 Stat. 1254 (42 U.S.C. 5891).

Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C. 706(6)).

Subpart C also issued under Title III of Pub. L. 94-135, 89 Stat. 728, as amended (42 U.S.C. 6101).

Subpart E also issued under 29 U.S.C. 794.

3. Section 4.4 is amended by revising paragraph (g) to read as follows:

4. 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:

5. The heading of § 4.22 is revised to read as follows:

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

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:

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

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

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:

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:

DEPARTMENT OF ENERGY

10 CFR Chapter X

RIN 1901-AA86

Authority and Issuance

For the reasons set forth in the joint preamble, DOE amends 10 CFR chapter X, part 1040 as set forth below:

1. The heading for part 1040 is revised to read as set forth above.

2. The authority citation for part 1040 is revised to read as follows:

Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.

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

4. Section 1040.4 is amended by revising paragraph (d) and the heading of paragraph (f) to read as follows:

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:

6. Section 1040.13 is amended by revising paragraph (e) to read as follows:

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:

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”.

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:

11. Section 1040.74 is amended by revising the section heading, the heading of paragraph (a), the first sentence of paragraph (a) introductory text and the headings of paragraphs (a)(1), (a)(2), and (a)(3) to read as follows:

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:

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

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

Appendix A to Subpart E to Part 1040 [Amended]

14. Appendix A to subpart E to part 1040 is amended by removing the words “or program” from the sixth column heading.

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

SMALL BUSINESS ADMINISTRATION

13 CFR Chapter I

RIN 3245-AE59

Authority and Issuance

For the reasons set forth in the joint preamble, SBA amends 13 CFR chapter I, parts 112 and 117 as set forth below:

1. The authority citation for part 112 continues to read as follows:

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

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

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”.

( printed page 51349)

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:

6. The heading for part 117 is revised to read as set forth above.

7. The authority citation for part 117 continues to read as follows:

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

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

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:

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:

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 amends 14 CFR chapter V, parts 1250, 1251, and 1252 as set forth below:

1. The authority citation for part 1250 continues to read as follows:

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

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

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

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

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

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

(ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system;

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

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

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

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

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

3. Section 1250.103-4 is amended by revising paragraph (b) to read as follows:

4. Section 1250.103-5 is amended by revising the heading to read as follows:

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:

(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:

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

Authority: 29 U.S.C. 794.

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

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:

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

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:

14. The heading for part 1252 is revised to read as set forth above.

15. The authority citation for part 1252 continues to read as follows:

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

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

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

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:

DEPARTMENT OF COMMERCE

15 CFR Subtitle A

RIN 0690-AA30

Authority and Issuance

For the reasons set forth in the joint preamble, DOC amends 15 CFR subtitle A, parts 8, 8b, and 20 as set forth below:

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

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

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

3. Section 8.5 is amended by revising paragraph (b)(10) to read as follows:

4. Section 8.6 is amended by revising the heading of paragraph (a) to read as follows:

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:

( printed page 51353)

7. The heading for part 8b continues to read as set forth above.

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

Authority: 29 U.S.C. 794.

9. Section 8b.3 is amended by redesignating paragraphs (h) through (l) as paragraphs (i) through (m), respectively; and adding a new paragraph (h) to read as follows:

10. Section 8b.4 is amended by revising the heading of paragraph (c) to read as follows:

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:

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:

( printed page 51354)

15. The authority citation for part 20 continues to read as follows:

Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. sec. 6101 et seq. and the government-wide regulations implementing the Act, 45 CFR part 90.

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

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:

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

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

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

(ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system;

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

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

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

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial ( printed page 51355) 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:

TENNESSEE VALLEY AUTHORITY

18 CFR Chapter XIII

RIN 3316-AA20

Authority and Issuance

For the reasons set forth in the joint preamble, TVA amends 18 CFR chapter XIII, parts 1302, 1307, and 1309 as set forth below:

1. The authority citation for part 1302 continues to read as follows:

Authority: TVA Act, 48 Stat. 58 (1933), as amended, 16 U.S.C. 831-831dd, and sec. 602 of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-1.

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

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:

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

Authority: TVA Act, 48 Stat. 58 (1933) as amended, 16 U.S.C. 831-831dd (1976) and sec. 504 of the Rehabilitation Act of 1973, Pub. L. 93-112, as amended, 29 U.S.C. 794 (1976; Supp. II 1978).

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

6. The heading of § 1307.4 is revised to read as follows:

7. Section 1307.6 is amended by revising the section heading and the first sentence of paragraph (b)(1) to read as follows:

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:

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

Authority: TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16 U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act of 1975, 89 Stat. 729 (1975), as amended, 42 U.S.C. 6103 (1976).

10. Section 1309.1 is amended by redesignating paragraphs (h) through (l) as paragraphs (i) through (m), and adding paragraph (h) to read as follows:

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

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:

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 amends 22 CFR chapter I, parts 141 through 143 as set forth below:

1. The authority citation for part 141 continues to read as follows:

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

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

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

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

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:

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

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

Authority: 29 U.S.C. 794.

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

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

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

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

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:

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

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

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

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:

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:

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Chapter II

RIN 0412-AA45

Authority and Issuance

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

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

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

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

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

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:

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

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

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

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

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

(ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system;

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

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

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

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

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

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

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:

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:

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

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

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

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

(b) * * *

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

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

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

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

(B) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system;

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

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

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

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

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

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

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:

DEPARTMENT OF JUSTICE

28 CFR Chapter I

[A.G. Order No. 2679-2003]

RIN 1190-AA49

Authority and Issuance

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

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

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

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

(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:

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

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:

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

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

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

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:

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

Appendix A to Subpart G 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:

( printed page 51366)

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

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

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

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

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:

DEPARTMENT OF LABOR

29 CFR Subtitle A

RIN 1291-AA31

Authority and Issuance

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

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

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

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

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

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

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:

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

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

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

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

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

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

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

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

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

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

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:

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Chapter I

RIN 2900-AK13

Authority and Issuance

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

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

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

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

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

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:

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

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

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

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

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:

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:

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

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

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:

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

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

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

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”.

( printed page 51372)

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:

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

RIN 2020-AA43

Authority and Issuance

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

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

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

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

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

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:

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:

GENERAL SERVICES ADMINISTRATION

41 CFR Chapter 101

RIN 3090-AH33

Authority and Issuance

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

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

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

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

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

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

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

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:

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

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

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:

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:

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:

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

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

13. Section 1101-8.703 is amended by redesignating paragraph (k) as paragraph (l) and by adding a new paragraph (k) to read as follows:

(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.

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:

DEPARTMENT OF THE INTERIOR

43 CFR Subtitle A

RIN 1090-AA77

Authority and Issuance

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

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

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

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

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

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

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 text shown in the middle column and add the text shown in the right column:

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

Authority: 29 U.S.C. 794.

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

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

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

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

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:

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

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:

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

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

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

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:

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:

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Chapter I

RIN 1660-AA12

Authority and Issuance

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

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

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

Authority: FEMA Reg. 5 issued under sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; 42 U.S.C. 1855-1885g; 50 U.S.C. 404.

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

4. Section 7.3 is revised to read as follows:

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

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:

( printed page 51380)

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

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

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

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

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

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:

NATIONAL SCIENCE FOUNDATION

45 CFR Chapter VI

RIN 3145-AA38

Authority and Issuance

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

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

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

Authority: 29 U.S.C. 794.

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

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”.

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:

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

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:

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

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

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

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

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

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:

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

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

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:

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, amends 45 CFR chapter XI, part 1110, as set forth below:

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

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

2. Section 1110.4 is amended by revising the heading of paragraph (b) and paragraph (d)(2) to read as follows:

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

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

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:

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 amends 45 CFR chapter XI, parts 1151 and 1156, as set forth below:

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

Authority: 29 U.S.C. 794.

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

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:

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: ( printed page 51385)

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

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

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:

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:

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 amends 45 CFR chapter XI, part 1170 as set forth below:

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

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

Authority: 29 U.S.C. 794.

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

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:

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:

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 amends 45 CFR chapter XII, parts 1203 and 1232 as set forth below:

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

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

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

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

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:

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

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

Authority: 29 U.S.C. 794.

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

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

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:

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:

DEPARTMENT OF TRANSPORTATION

49 CFR Subtitle A

RIN 2105-AC96

Authority and Issuance

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

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

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

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

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

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:

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

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

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

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:

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

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:

( printed page 51391)

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

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:

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: