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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, Emergency Preparedness and Response Directorate, Department of Homeland Security; 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 final rule.

SUMMARY:

The Agencies 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. These amendments incorporate the CRRA's definitions of “program or activity” and “program” into Title VI, section 504, Start Printed Page 51335and Age Discrimination Act regulations of the Agencies, and promote consistent and adequate enforcement of these statutes by the Agencies.[1]

DATES:

Effective September 25, 2003.

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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:

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 Start Printed Page 51336race, 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. 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. 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. 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 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 Start Printed Page 51337these 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 Start Printed Page 51338separate 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 Start Printed Page 51339order 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.

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List of Subjects

b

b

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-8

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Adoption of Joint Rule

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The agency adoptions of this joint rule are set forth below:

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DEPARTMENT OF AGRICULTURE

7 CFR Subtitle A

RIN 0566-AB78

Authority and Issuance

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For the reasons set forth in the joint preamble, USDA amends 7 CFR subtitle A, parts 15 and 15b as set forth below:

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PART 15—NONDISCRIMINATION

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

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

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

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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 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 Start Printed Page 51341

(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.

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

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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. * * *

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

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Assurances required.
* * * * *

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

* * * * *

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

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

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

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

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

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 assistance
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 Federal statutes, authorities, or other means by which Federal financial assistance is extended and
15.9(e), first sentenceprograms
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
Start Part Start Printed Page 51342

PART 15b—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Authority

Authority: 29 U.S.C. 794.

End Authority Start Amendment Part

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

End Amendment Part
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 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 (s)(1), (2), or (3) of this section.

[Amended]
Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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

End Amendment Part

Subpart C—Accessibility

Start Amendment Part

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:

End Amendment Part
Existing facilities.

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

* * * * *

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

* * * * *
[Amended]
Start Amendment Part

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”.

End Amendment Part
[Amended]
Start Amendment Part

14. The heading for § 15b.28 is amended by removing the word “programs”.

End Amendment Part Start Amendment Part

15. The heading for subpart F is revised to read as follows:

End Amendment Part

Subpart F—Other Aid, Benefits, or Services

Appendix A to Part 15b [Amended]

Start Amendment Part

16. Amend appendix A to part 15b as follows:

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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:

End Amendment Part
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
Start Printed Page 51343
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), last sentencehistoric preservation programHistoric Preservation Program
15b.18(e)(1)(iv), first 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 accessibilityccessibility 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
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
Start Printed Page 51344
15b.41(c), first sentenceprogram
15b.41(c), last sentenceprogram
Start Signature

Dated: May 1, 2001.

David Winningham,

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

End Signature

NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

RIN 3130-AG65

Authority and Issuance

Start Amendment Part

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

End Amendment Part Start Part

PART 4—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part 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.

Start Amendment Part

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

End Amendment Part
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 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 (g)(1), (2), or (3) of this section.

* * * * *
Start Amendment Part

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:

End Amendment Part
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

Start Amendment Part

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

End Amendment Part
Continuing Federal financial assistance.
* * * * *
Start Amendment Part

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

End Amendment Part
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.

Start Amendment Part

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:

End Amendment Part
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
Start Printed Page 51345
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

Start Amendment Part

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

End Amendment Part
General requirement concerning accessibility.
* * * * *
Start Amendment Part

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

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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:

End Amendment Part
SectionRemoveAdd
4.121(a)or benefits from
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 a programaid, 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

Start Amendment 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:

End Amendment Part
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
Start Printed Page 51346
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: April 30, 2001.

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

Start Amendment Part

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

End Amendment Part Start Part

PART 1040—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part 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

Start Amendment Part

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

End Amendment Part
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 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 (u)(1), (2), or (3) of this section.

* * * * *
Start Amendment Part

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

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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:

End Amendment Part
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
Start Printed Page 51347

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

Start Amendment Part

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

End Amendment Part
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.

* * * * *
Start Amendment Part

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:

End Amendment Part
SectionRemoveAdd
1040.11(b), first sentenceadministeringadministering 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]
Start Amendment Part

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”.

End Amendment Part Start Amendment Part

9. The undesignated center heading immediately preceding § 1040.71 is amended by removing the word “Program”.

End Amendment Part Start Amendment Part

10. Section 1040.72 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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:

End Amendment Part
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. * * *

* * * * *
Start Amendment 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:

End Amendment Part
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)programs 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
Start Printed Page 51348
1040.74(a)(3), first sentenceProgram

Subpart E—Nondiscrimination on the Basis of Age—Age Discrimination Act of 1975, as Amended

Start Amendment Part

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

End Amendment Part 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]

Start Amendment Part

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

End Amendment Part Start Amendment Part

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:

End Amendment Part
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 activity involved wherefor a program activity in which
1040.89-9(c)(1)OEOOffice of Civil Rights and Diversity
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: May 29, 2001.

Spencer Abraham,

Secretary, Department of Energy.

End Signature

SMALL BUSINESS ADMINISTRATION

13 CFR Chapter I

RIN 3245-AE59

Authority and Issuance

Start Amendment Part

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

End Amendment Part Start Part

PART 112—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF SBA—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

End Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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 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 (e)(1),(2), or (3) of this section.

Appendix A to Part 112 [Amended]

Start Amendment Part

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”.

End Amendment Part Start Printed Page 51349 Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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:

End Amendment Part
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
Start Part

PART 117—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF SBA—EFFECTUATION OF THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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.

* * * * *
Start Amendment Part

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:

End Amendment Part
Definitions.
* * * * *

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

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

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

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

(ii) A local educational agency (as defined in 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 (j)(1), (2), or (3) of this section.

* * * * *

Appendix A to Part 117 [Amended]

Start Amendment Part

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”.

End Amendment Part Start Amendment 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:

End Amendment Part
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
Start Printed Page 51350

Dated: October 10, 2002.

Hector V. Barreto,

Administrator, Small Business Administration.

End Signature

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Chapter V

RIN 2700-AC41

Authority and Issuance

Start Amendment Part

For the reasons set forth in the joint preamble, NASA amends 14 CFR chapter V, parts 1250, 1251, and 1252 as set forth below:

End Amendment Part Start Part

PART 1250—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA— EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
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. 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.

* * * * *
Start Amendment Part

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

End Amendment Part
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.

* * * * *
Start Amendment Part

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

End Amendment Part
Special benefits.
* * * * *
Start Amendment Part

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:

End Amendment Part
Assurances.
* * * * *

(c) * * *

(2) The assurances from such an applicant shall be applicable to the entire organization of the applicant.

* * * * *
Start Amendment Part

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:

End Amendment Part
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
Start Part Start Printed Page 51351

PART 1251—NONDISCRIMINATION ON BASIS OF HANDICAP

End Part Start Amendment Part

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

End Amendment Part Start Authority

Authority: 29 U.S.C. 794.

End Authority Start Amendment Part

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

End Amendment Part
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. 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 (k) (1), (2), or (3) of this section.

[Amended]
Start Amendment Part

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”.

End Amendment Part Start Amendment Part

11. The heading of subpart 1251.3 of part 1251 is revised to read as follows:

End Amendment Part

Subpart 1251.3—Accessibility

Start Amendment Part

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

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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:

End Amendment Part
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 or 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 activities programs or activities
1251.200(a)(2)programsprograms or activities
1251.200(a)(4), last sentenceapprenticeship programs apprenticeships
1251.200(b)(8)socialthose that are social
1251.200(b)(8)programs
1251.200(d), last sentenceapprenticeship programs apprenticeships
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
Start Part

PART 1252—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
To what programs or activities do these regulations apply?
* * * * *
Start Amendment Part

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

End Amendment Part
Definitions.
* * * * *

(n) Program or activity means all of the operations of any entity described in paragraphs (n)(1) through (4) of this Start Printed Page 51352section, 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 (n)(1), (2), or (3) of this section.

Start Amendment Part

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:

End Amendment Part
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

Dated: September 10, 2002.

Sean O'Keefe,

Administrator, National Aeronautics and Space Administration.

End Signature

DEPARTMENT OF COMMERCE

15 CFR Subtitle A

RIN 0690-AA30

Authority and Issuance

Start Amendment Part

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

End Amendment 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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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 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 (g)(1), (2), or (3) of this section.

* * * * *
Start Amendment Part

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

End Amendment Part
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.

* * * * *
Start Amendment Part

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

End Amendment Part
Applicability of this part to Department assisted programs.
* * * * *

(a) Assistance to support economic development. * * *

* * * * *

Appendix A to Part 8 [Amended]

Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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:

End Amendment Part Start Printed Page 51353
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 sentencesuch 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)when 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
8.13(f)under such program
8.15(a), introductory text, first sentenceunder such program
Start Part

PART 8b—PROHIBITION OF DISCRIMINATION AGAINST THE HANDICAPPED IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF THE DEPARTMENT OF COMMERCE

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Authority

Authority: 29 U.S.C. 794.

End Authority Start Amendment Part

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:

End Amendment Part
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 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.

* * * * *
Start Amendment Part

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

End Amendment Part
Discrimination prohibited.
* * * * *

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

* * * * *

Subpart C of Part 8b—[Amended]

Start Amendment Part

11. The heading for subpart C of part 8b is amended by removing the word “Program.”

End Amendment Part Start Amendment Part

12. Section 8b.17 is amended by revising the heading and first sentence of paragraph (a) to read as follows:

End Amendment Part
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. * * *

* * * * *
Start Amendment 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:

End Amendment Part Start Printed Page 51354
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
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
Start Part

PART 20—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
Programs or activities to which these regulations apply.
* * * * *
Start Amendment Part

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:

End Amendment Part
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 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 Start Printed Page 51355assistance 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.

* * * * *
Start Amendment Part

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:

End Amendment Part
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

Dated: May 17, 2001.

Suzan J. Aramaki,

Director, Office of Civil Rights, Department of Commerce.

End Signature

TENNESSEE VALLEY AUTHORITY

18 CFR Chapter XIII

RIN 3316-AA20

Authority and Issuance

Start Amendment Part

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

End Amendment Part Start Part

PART 1302—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF TVA— EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
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 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 (e)(1), (2), or (3) of this section.

Start Amendment Part

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:

End Amendment Part
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
Start Printed Page 51356
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
Start Part

PART 1307—NONDISCRIMINATION WITH RESPECT TO HANDICAP

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
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. 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 (k)(1), (2), or (3) of this section.

Start Amendment Part

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

End Amendment Part
Discrimination prohibited.
* * * * *
Start Amendment Part

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

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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:

End Amendment Part
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
Start Printed Page 51357
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 under in
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
Start Part

PART 1309—NONDISCRIMINATION WITH RESPECT TO AGE

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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:

End Amendment Part
What are the defined terms in this part and what do they mean?
* * * * *

(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 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.

Start Amendment Part

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

End Amendment Part
What programs or activities are covered by the Act and this part?
* * * * *
Start Amendment 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:

End Amendment Part
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 sentenceprograrmprogram
1309.15(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
Start Printed Page 51358

Dated: May 29, 2001.

Steven R. Ayers,

General Manager, Contracts/Supplier & Diverse Business Relations, Tennessee Valley Authority.

End Signature

DEPARTMENT OF STATE

22 CFR Chapter I

RIN 1400-AB17

Authority and Issuance

Start Amendment Part

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:

End Amendment 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

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
Discrimination prohibited.
* * * * *

(c) Special benefits. * * *

* * * * *
Start Amendment Part

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

End Amendment Part
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.

* * * * *
Start Amendment Part

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

End Amendment Part
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 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 (f)(1), (2), or (3) of this section.

* * * * *

Appendix A to Part 141 [Amended]

Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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:

End Amendment Part
SectionRemoveAdd
141.2, first sentencefederally-assisted programs and activitiestypes 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, penultimate sentenceprogram or activitytype of Federal financial assistance
141.2, penultimate sentencesuch programa program
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
Start Part Start Printed Page 51359

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

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Authority

Authority: 29 U.S.C. 794.

End Authority Start Amendment Part

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

End Amendment Part
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 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 (m)(1), (2), or (3) of this section.

Start Amendment Part

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

End Amendment Part
Discrimination prohibited.
* * * * *

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

* * * * *
Start Amendment Part

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

End Amendment Part

Subpart C—Accessibility

Start Amendment Part

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

End Amendment Part
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]

Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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:

End Amendment Part
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 or 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
Start Printed Page 51360
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
Start Part

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

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
To what programs or activities do these regulations apply?
* * * * *
Start Amendment Part

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:

End Amendment Part
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 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)(2)(i), (ii), or (iii) of this section.

* * * * *

Appendix A to Part 143 [Amended]

Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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”.

End Amendment Part

Appendix B to Part 143 [Amended]

Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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”.

End Amendment Part

Appendix C to Part 143 [Amended]

Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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:

End Amendment Part
SectionRemoveAdd
143.1, last sentenceprograms and activitiesprograms or 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
Start Printed Page 51361

Dated: May 18, 2001.

Grant S. Green, Jr.,

Under Secretary for Management.

End Signature

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Chapter II

RIN 0412-AA45

Authority and Issuance

Start Amendment Part

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

End Amendment 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

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
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 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 (g)(1), (2), or (3) of this section.

* * * * *
Start Amendment Part

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

End Amendment Part
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.

Start Amendment Part

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:

End Amendment Part
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
Start Part Start Printed Page 51362

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

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
Definitions.
* * * * *

(1) 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 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.

Start Amendment Part

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

End Amendment Part
Discrimination prohibited.
* * * * *

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

Subpart C of Part 217—[Amended]

Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part
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 Amendment 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:

End Amendment Part
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
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
Start Part Start Printed Page 51363

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

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
To what programs or activities do these regulations apply?
* * * * *
Start Amendment Part

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

End Amendment Part
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 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]

Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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:

End Amendment Part
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: May 1, 2001.

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. 2679-2003]
RIN 1190-AA49

Authority and Issuance

Start Amendment Part

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

End Amendment 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]

End Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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 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— Start Printed Page 51364

(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.

* * * * *
Start Amendment Part

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

End Amendment Part
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.

* * * * *
Start Amendment Part

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

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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:

End Amendment Part
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
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
Start Amendment Part

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

End Amendment Part

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

Start Amendment Part

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

End Amendment Part 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]
Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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

End Amendment Part
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 Start Printed Page 51365

(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.

* * * * *

Appendix A to Subpart G of Part 42 [Amended]

Start Amendment Part

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.”

End Amendment Part Start Amendment 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:

End Amendment Part
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
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 sentenceprogramsprograms or activities
Start Printed Page 51366 Start Amendment Part

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

End Amendment Part

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

Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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 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 (1), (2), or (3) of this definition.

* * * * *
Start Amendment Part

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:

End Amendment Part
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
42.733(b)(3), last sentenceprogramprogram or activity
Start Signature

Dated: July 1, 2003.

John Ashcroft,

Attorney General.

End Signature

DEPARTMENT OF LABOR

29 CFR Subtitle A

RIN 1291-AA31

Authority and Issuance

Start Amendment Part

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

End Amendment 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

End Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
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 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 (g)(1), (2), or (3) of this section.

* * * * *
Start Amendment Part

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

End Amendment Part
Start Printed Page 51367
General standards.
* * * * *

(d) * * *

(1) Employment service. * * *

* * * * *
Start Amendment Part

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

End Amendment Part
Assurances required.
* * * * *

(b) Continuing Federal financial assistance. * * *

Start Amendment Part

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:

End Amendment Part
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 program thatassistance
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 sentence under such program
Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part 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 Start Amendment Part

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

End Amendment Part
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.

* * * * *
Start Amendment Part

9. Section 32.3 is amended by adding, in alphabetical order, a definition of

End Amendment Part
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 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 (1), (2), or (3) of this definition.

* * * * *
Start Amendment Part

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

End Amendment Part
Discrimination prohibited.
* * * * *

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

* * * * *
Start Amendment Part

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

End Amendment Part
Assurances required.
* * * * *
Start Printed Page 51368

(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.

Start Amendment Part

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

End Amendment Part

Subpart B—Employment Practices and Employment Related Training Participation

Start Amendment Part

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

End Amendment Part

Subpart C—Accessibility

Start Amendment Part

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

End Amendment Part
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. * * *

* * * * *
Start Amendment Part

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:

End Amendment Part
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
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
Start Printed Page 51369
32.47(c)programsprograms or activities
Start Signature

Dated: July 24, 2001.

Elaine L. Chao,

Secretary, Department of Labor.

End Signature

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Chapter I

RIN 2900-AK13

Authority and Issuance

Start Amendment Part

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

End Amendment 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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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.

Start Amendment Part

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

End Amendment Part
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 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 (f)(1), (2), or (3) of this section.

* * * * *
Start Amendment Part

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:

End Amendment Part
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,
Start Printed Page 51370
18.13(h)under any such program
Start Amendment Part

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

End Amendment Part

Subpart D—Nondiscrimination on the Basis of Handicap

Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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 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 that is established by two or more of the entities described in paragraph (m)(1), (2), or (3) of this section.

[Amended]
Start Amendment Part

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”.

End Amendment Part Start Amendment Part

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

End Amendment Part
Assurances required.
* * * * *

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

* * * * *
[Amended]
Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part
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 Amendment Part

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

End Amendment Part
Adult education.
* * * * *
Start Amendment Part

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

End Amendment Part
Private education.
* * * * *
Start Amendment Part

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:

End Amendment Part
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
Start Printed Page 51371
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
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

Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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:

End Amendment Part
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 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 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]

Start Amendment Part

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

End Amendment Part Start Printed Page 51372 Start Amendment Part

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:

End Amendment Part
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: May 4, 2001.

Anthony Principi,

Secretary, Department of Veterans Affairs.

End Signature

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

RIN 2020-AA43

Authority and Issuance

Start Amendment Part

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

End Amendment Part Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

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

End Amendment Part
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 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 (1), (2), or (3) of this definition.

* * * * *
[Amended]
Start Amendment Part

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

End Amendment Part Start Amendment Part

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

End Amendment Part
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]

Start Amendment Part

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”.

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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:

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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
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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
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Dated: April 30, 2001.

Christine Todd Whitman,

Administrator, Environmental Protection Agency.

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GENERAL SERVICES ADMINISTRATION

41 CFR Chapter 101

RIN 3090-AH33

Authority and Issuance

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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:

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PART 101-6—MISCELLANEOUS REGULATIONS

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

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

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

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

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

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Continuing Federal financial assistance.
* * * * *
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4. Section 101-6.205-4 is amended by revising paragraph (b) to read as follows:

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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 such individuals, shall be applicable to the entire institution.

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

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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 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 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.

* * * * *
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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:

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

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

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

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

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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 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 (f)(1), (2), or (3) of this section.

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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:

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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. * * *

* * * * *
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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:

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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. * * *

* * * * *
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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:

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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
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101-8.303(h), 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

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

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

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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:

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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 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 (k)(1), (2), or (3) of this section.

* * * * *
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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:

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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
101-703(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 sentenceprovideprovides
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
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Dated: February 26, 2003.

Stephen A. Perry,

Administrator, General Services Administration.

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DEPARTMENT OF THE INTERIOR

43 CFR Subtitle A

RIN 1090-AA77

Authority and Issuance

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

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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

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

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

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

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Discrimination prohibited.
* * * * *

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

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

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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.

Start Amendment Part

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

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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 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 (f)(1), (2), or (3) of this section.

* * * * *

Appendix B to Subpart A [Amended]

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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.”

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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:

End Amendment Part
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
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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

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

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Authority: 29 U.S.C. 794.

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

End Amendment Part
Definitions.