[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Proposed Rules]
[Pages 76460-76517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29358]



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Part V

Nondiscrimination on the Basis of Race, Color, National Origin, 
Handicap, or Age in Programs or Activities Receiving Federal Financial 
Assistance; Proposed Rule
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Department of Agriculture
Nuclear Regulatory Commission
Department of Energy
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Tennessee Valley Authority
Department of State
Agency for International Development
Department of Justice
Department of Labor
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
National Science Foundation
National Foundation on the Arts and the Humanities
National Endowment for the Arts
National Endowment for the Humanities
Institute of Museum and Library Services
Corporation for National and Community Service
Department of Transportation

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / 
Proposed Rules

[[Page 76460]]



DEPARTMENT OF AGRICULTURE

7 CFR Parts 15, 15b

RIN 0566-AB78

NUCLEAR REGULATORY COMMISSION

10 CFR Part 4

RIN 3130-AG65

DEPARTMENT OF ENERGY

10 CFR Part 1040

RIN 1901-AA86

SMALL BUSINESS ADMINISTRATION

13 CFR Parts 112, 117

RIN 3245-AE58

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Parts 1250, 1251, 1252

RIN 2700-AC41

DEPARTMENT OF COMMERCE

15 CFR Parts 8, 8b, 20

RIN 0690-AA30

TENNESSEE VALLEY AUTHORITY

18 CFR Parts 1302, 1307, 1309

RIN 3316-AA20

DEPARTMENT OF STATE

22 CFR Parts 141, 142, 143

RIN 1400-AB17

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Parts 209, 217, 218

RIN 0412-AA45

DEPARTMENT OF JUSTICE

28 CFR Part 42

RIN 1190-AA49

DEPARTMENT OF LABOR

29 CFR Parts 31, 32

RIN 1291-AA31

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 18

RIN 2900-AK13

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 7

RIN 2020-AA43

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-6, 101-8

RIN 3090-AH33

DEPARTMENT OF THE INTERIOR

43 CFR Part 17

RIN 1090-AA77

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 7

RIN 3067-AD14

NATIONAL SCIENCE FOUNDATION

45 CFR Parts 605, 611, 617

RIN 3145-AA38

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Parts 1110, 1151, 1156

RIN 3135-AA17

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Humanities

45 CFR Parts 1110, 1170

RIN 3136-AA24

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Institute of Museum and Library Services

45 CFR Part 1110

RIN 3137-AA11

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1203, 1232

RIN 3045-AA29

DEPARTMENT OF TRANSPORTATION

49 CFR Parts 21, 27

RIN 2105-AC96


Nondiscrimination on the Basis of Race, Color, or National Origin 
in Programs or Activities Receiving Federal Financial Assistance; 
Nondiscrimination on the Basis of Handicap in Programs or Activities 
Receiving Federal Financial Assistance; Nondiscrimination on the Basis 
of Age in Programs or Activities Receiving Federal Financial Assistance

AGENCIES: Department of Agriculture; Nuclear Regulatory Commission; 
Department of Energy; Small Business Administration; National 
Aeronautics and Space Administration; Department of Commerce; Tennessee 
Valley Authority; Department of State; Agency for International 
Development; Department of Justice; Department of Labor; Department of 
Veterans Affairs; Environmental Protection Agency; General Services 
Administration; Department of the Interior; Federal Emergency 
Management Agency; National Science Foundation; National Endowment for 
the Arts, National Endowment for the Humanities, Institute of Museum 
and Library Services, National Foundation on the Arts and the 
Humanities; Corporation for National and Community Service; Department 
of Transportation (collectively, ``the Agencies'').

ACTION: Joint notice of proposed rulemaking.

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SUMMARY: The Agencies propose to amend their regulations implementing 
Title VI of the Civil Rights Act of 1964 (``Title VI''), Section 504 of 
the Rehabilitation Act of 1972 (``Section 504''), and the Age 
Discrimination Act of 1975 (``Age Discrimination Act''). Together, 
these statutes prohibit discrimination on the basis of race, color, 
national origin, disability, and age in programs or activities that 
receive Federal financial assistance. In 1988, the Civil Rights 
Restoration Act (``CRRA'') added definitions of ``program or activity'' 
and ``program'' to Title VI and added a definition of ``program or 
activity'' to Section 504 and the Age Discrimination Act. The added 
definitions were designed to clarify the broad scope of coverage of 
recipients' programs or activities under these statutes. This proposed 
regulation incorporates the CRRA's definition of ``program or 
activity'' and ``program'' into Title VI, Section 504, and Age 
Discrimination Act regulations of the Agencies, and promotes consistent 
and adequate enforcement of these statutes by the Agencies.

DATES: We must receive your comments on or before January 5, 2001.

ADDRESSES: Address all comments about these proposed regulations to 
Merrily A. Friedlander, Chief, Coordination and Review Section, Civil 
Rights Division, U.S. Department of Justice, P.O. Box 66560, 
Washington, D.C. 20035-6560, facsimile (202) 307-0595.

FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief, 
Coordination and Review Section, Civil Rights Division, U.S. Department 
of Justice, (202) 307-2222 voice, (202) 307-2678 TTY, (202) 307-0595 
fax.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION:  

Invitation To Comment

    We invite you to submit comments regarding these proposed 
regulations. To ensure that your comments have maximum effect in 
developing the final regulations, we urge you to identify clearly the 
specific section or sections of the proposed regulations that each of 
your comments addresses and to arrange your comments in the same order 
as the proposed regulations.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 (``Regulatory Planning and 
Review'') and its overall requirement of reducing regulatory burdens 
that might result from these proposed regulations. Please

[[Page 76461]]

let us know of any further opportunities we should take to reduce 
potential costs or increase potential benefits while preserving the 
effective and efficient administration of these Federal civil rights 
requirements.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations at the Coordination and 
Review Section, 1425 New York Avenue NW., Washington, DC, between the 
hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday 
of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed regulations. If you want to 
schedule an appointment for this type of aid, you may call (202) 307-
2222 voice or (202) 307-2678 TTY.

Overview

    The Agencies propose to amend their civil rights regulations to 
conform to provisions of the Civil Rights Restoration Act of 1987 
(``CRRA''), Pub. L. 100-259, regarding the scope of coverage under 
civil rights statutes they administer. These statutes include Title VI 
of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq. 
(``Title VI''); Section 504 of the Rehabilitation Act of 1973, as 
amended, 29 U.S.C. 794 (``Section 504''); and the Age Discrimination 
Act of 1975, as amended, 42 U.S.C. 6101, et seq. (``Age Discrimination 
Act''). Title VI prohibits discrimination on the basis of race, color, 
and national origin in all programs or activities that receive Federal 
financial assistance; Section 504 prohibits discrimination on the basis 
of disability in all programs or activities that receive Federal 
financial assistance; and the Age Discrimination Act prohibits 
discrimination on the basis of age in all programs or activities that 
receive Federal financial assistance. (Note that the CRRA does not 
affect coverage under federal employment nondiscrimination statutes, 
such as Title VII of the Civil Rights Act of 1964, Title I of the 
Americans with Disabilities Act, and the Age Discrimination in 
Employment Act.)

Background Information

    The principal proposed conforming change is to amend each of these 
regulations to add a definition of ``program or activity'' or 
``program'' that reflects the statutory definition of ``program or 
activity'' or ``program'' enacted as part of the CRRA. We believe that 
adding this statutory definition to the regulatory language is the best 
way to avoid confusion on the part of beneficiaries, recipients, 
government entities, and other interested parties about the scope of 
civil rights coverage. This proposal also conforms to a final rule 
under Title IX of the Education Amendments of 1972, as amended, to 
establish common regulations for 21 Federal agencies published on 
August 30, 2000. 65 Fed. Reg. 52857. That common rule incorporated the 
statutory definitions of ``program or activity'' and ``program'' 
enacted as part of the CRRA.
    When originally issued and implemented, the Agencies' civil rights 
regulations were interpreted by the Agencies to mean that acceptance of 
Federal assistance by a recipient resulted in broad coverage of an 
entity. The Supreme Court, however, interpreted ``program or activity'' 
in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 570-74 
(1984). The Court concluded in Grove City College that Federal student 
financial assistance provided to a college established jurisdiction 
under Title IX only over the college's financial aid program, not the 
entire college. Since Title IX was patterned after Title VI, this 
interpretation significantly narrowed the prohibitions of Title VI and 
two other statutes based on it: the Age Discrimination Act and Section 
504. See S. Rep. No. 100-64, at 2-3, 11-16, reprinted in 1988 
U.S.C.C.A.N. at 3-5, 13-18. Following the Supreme Court's decision in 
Grove City, the Agencies changed their interpretation, but not the 
language, of the governing regulations to be consistent with the 
Court's restrictive, program-specific definition of ``program or 
activity.''
    In 1988, Congress enacted the CRRA to restore the prior consistent 
and long-standing executive branch interpretation and ``broad, 
institution-wide application'' of those laws as previously 
administered. S. Rep. No. 100-64, at 4, reprinted in 1988 U.S.C.C.A.N. 
at 6. Congress enacted the CRRA in order to remedy what it perceived to 
be a serious narrowing by the Supreme Court of a longstanding 
administrative interpretation of the coverage of these laws. At that 
time, the Agencies reinstated their broad interpretation to be 
consistent with the CRRA, again without changing the language of the 
regulations. To the extent there was any inconsistency between the 
language of the regulations and the language of the CRRA, it was and 
remains the Agencies' interpretation that the CRRA superseded the 
regulations and, therefore, the regulations must be read in conformity 
with the CRRA. This interpretation was consistent with the 
understanding of Congress as expressed in the legislative history of 
the CRRA that the statutory definition of ``program or activity'' would 
take effect immediately without the need for Federal agencies to amend 
their existing regulations. S. Rep. No. 100-64, at 32, reprinted in 
1988 U.S.C.C.A.N. at 34.
    The proposed regulatory changes set out in this notice are designed 
to address an issue recently raised by the Third Circuit Court of 
Appeals in Cureton v. NCAA, 198 F.3d 107 (3d Cir. 1999). The Third 
Circuit determined that, because the Departments of Health and Human 
Services and Education did not amend their Title VI regulations after 
the enactment of the CRRA, application of the Departments' Title VI 
regulations to disparate impact discrimination claims is ``program 
specific'' (i.e., limited to the particular program receiving Federal 
financial assistance), rather than institution-wide (i.e., applicable 
to all of the operations of the institution regardless of the use of 
the Federal funds). See id. at 114-16. As noted above, however, the 
Agencies have, since the passage of the CRRA, consistently interpreted 
the coverage of their Title VI regulations to reach those programs that 
fall within the broad statutory definition of ``program or activity.'' 
The Cureton decision would thwart clearly expressed congressional 
intent by giving continued effect to a judicial interpretation that 
Congress intended to override. In any event, the proposed regulatory 
changes would address the concerns raised by the Third Circuit in that 
the regulations would track the CRRA's statutory language and apply to 
both disparate impact and disparate treatment forms of discrimination. 
(``Disparate treatment,'' i.e., intentional discrimination, refers to 
policies or practices that treat individuals differently based on their 
race, color, national origin, disability, or age, as applicable. 
Discrimination that involves such disparate treatment is barred by the 
civil rights statutes and regulations. ``Disparate impact'' refers to 
criteria or methods of administration that have a significant adverse 
effect on individuals based on race, color, national origin, 
disability, or age, as applicable. Such criteria or practices 
constitute impermissible discrimination if there is no substantial 
legitimate justification for those criteria or practices. However, even 
where such a justification exists, if there is an equally

[[Page 76462]]

effective but less discriminatory alternative, that alternative must be 
adopted.)
    Pursuant to Executive Order 12250 (``Leadership and Coordination of 
Nondiscrimination Laws''), the Department of Justice (``DOJ'') 
requested that the Agencies jointly issue amendments to their 
regulations implementing Title VI, Section 504, and the Age 
Discrimination Act to incorporate the CRRA definitions of ``program'' 
and ``program or activity.'' The two federal agencies implicated in the 
Cureton decision--the Department of Education (``ED'') and the 
Department of Health and Human Services (``HHS'')--are promulgating 
separate rules to incorporate the CRRA's expanded definition of 
``program or activity'' and ``program'' in their regulations. DOJ is 
participating in and coordinating the promulgation of amendments to 22 
other agencies' Title VI, Section 504, and Age Discrimination Act 
regulations. Again, while DOJ views these modifications to be merely 
technical in nature, public comments are invited on these 
modifications. These proposed changes are summarized in the sections 
below.

Definition of ``Program or Activity'' and ``Program''

    The statutory definition, which is being incorporated into the 
regulations, addresses the scope of coverage for four broad categories 
of recipients: (1) State or local governmental entities; (2) colleges, 
universities, other postsecondary educational institutions, public 
systems of higher education, local educational agencies, systems of 
vocational education, and other school systems; (3) private entities, 
such as corporations, partnerships, and sole proprietorships; and (4) 
entities that are a combination of any of those groups. See 42 U.S.C. 
2000d-4a.
    Under the first part of the definition, when State and local 
governmental entities receive financial assistance from a Federal 
agency, the ``program or activity'' or ``program'' in which 
discrimination is prohibited includes all of the operations of any 
State or local department or agency to which the Federal assistance is 
extended. If, for example, a State or local agency receives Federal 
assistance for one of many functions of the agency, all of the 
operations of the entire agency are subject to the nondiscrimination 
provisions of these regulations. Furthermore, if the aid is given to an 
entity or unit of government that subsequently distributes the 
assistance to a second agency, the entire entity to which the 
assistance was initially given is subject to the regulations. See 42 
U.S.C. 2000d-4a(1); S. Rep. No. 100-64, at 16, reprinted in 1988 
U.S.C.C.A.N. at 18.
    Under the second portion of the definition of ``program or 
activity,'' when covered educational institutions receive Federal 
financial assistance, all of their operations are subject to the 
nondiscrimination requirements of the funding agency's regulations. See 
42 U.S.C. 2000d-4a(2).
    Under the third part of the definition, the degree of coverage of 
private entities, such as private corporations and partnerships, will 
vary depending on how the funding is provided, the principal purpose or 
objective of the entity, or how the entity is structured (e.g., 
physically separate offices or plants). Each of the operations of 
private businesses that are principally engaged in education, health 
care, housing, social services, or parks and recreation is considered a 
``program or activity'' for purposes of these regulations. See 42 
U.S.C. 2000d-4a(3)(A)(ii). S. Rep. No. 100-64 provides numerous other 
examples of the scope of coverage with regard to each category of 
recipient, and readers are referred to this material. S. Rep. No. 100-
64, at 16-20, reprinted in 1988 U.S.C.C.A.N. at 19-21. In addition, if 
Federal financial assistance is extended to a private entity ``as a 
whole'' and the private entity is not principally engaged in the 
business of education, health care, housing, social services, or parks 
and recreation, all of the private entity's operations at all of its 
locations would be covered. If the private entity receives general 
assistance, that is, assistance that is not designated for a particular 
purpose, that would be considered Federal financial assistance to the 
private entity ``as a whole.'' In other instances where financial 
assistance is extended directly to a geographically separate facility 
of an entity described in the third part of this definition, then 
coverage would be limited to the geographically separate facility that 
receives the assistance. See 42 U.S.C. 2000d-4a(3).
    Under the fourth part of the definition, if an entity of a type not 
already covered by one of the first three parts of the definition is 
established by two or more of the entities listed under the first three 
parts of the definition, then all of the operations of that new entity 
are covered. See 42 U.S.C. 2000d-4a(4).
    The proposed amendments will incorporate the CRRA definition of 
``program or activity'' and ``program'' into the agencies' regulations. 
When Congress amended Title VI in the CRRA, it added definitions of 
both ``program or activity'' and ``program'' to the statute. Therefore, 
we have proposed to amend each agency's Title VI regulations to 
incorporate the definition of both ``program or activity'' and 
``program.'' However, when Congress amended Section 504 and the Age 
Discrimination Act in the CRRA, it added a definition of the term 
``program or activity,'' but did not add a similar definition of the 
term ``program.'' Thus, we have amended the agencies' Section 504 and 
Age Discrimination Act regulations to incorporate a new definition of 
``program or activity'' only.
    As explained below, in order to conform with the CRRA definitions 
of ``program or activity'' and ``program,'' the proposed regulations 
also would modify or delete some existing sections of the Agencies' 
regulations that have become superfluous or incorrect following 
enactment of the CRRA. These proposed modifications would not change 
the requirements of the existing regulations.
    It is important to note that the proposed changes would not in any 
way alter the requirement of the CRRA that a fund termination be 
limited to the particular programs ``or part[s] thereof'' that 
discriminate, or, as appropriate, to all of the programs that are 
infected by the discriminatory practices. See S. Rep. No. 100-64, at 
20, reprinted in 1988 U.S.C.C.A.N. at 22 (``The [CRRA] defines 
`program' in the same manner as `program or activity,' and leaves 
intact the `or part thereof' pinpointing language.'').

Assurances

    Several agencies' Title VI regulations include an assurance 
requirement that has created confusion with regard to the scope of 
``program or activity'' under these regulations. In general, these 
assurances, which are legal agreements between the government and 
recipients of Federal financial assistance, are designed to ensure that 
recipients of Federal financial assistance comply with 
nondiscrimination laws and do not discriminate in their programs or 
activities. However, some agencies have assurance provisions that are 
confusing in light of the CRRA because they incorrectly state that, in 
some circumstances, certain parts of a program will not be covered by 
civil rights laws. For example, DOJ's assurance provision, which is 
very similar to the corresponding assurance requirements in other 
agencies' Title VI regulations, provides in part: ``[t]he assurance * * 
* shall be applicable to the entire institution unless the applicant 
establishes, to the satisfaction of the responsible Department 
official,

[[Page 76463]]

that the practices in designated parts or programs of the institution * 
* * will in no way affect its practices in the program of the 
institution * * * for which Federal financial assistance is sought. * * 
* '' 28 CFR 42.105(c)(2). In order to avoid any further confusion, the 
proposed rule would delete the above provision and similar provisions 
in the regulations of other agencies that incorrectly suggest that some 
parts of a program will not be covered under certain circumstances. 
This change will ensure that agency regulations reflect the broad scope 
of coverage of a program or activity that was contemplated by the CRRA.
    Several Federal agencies' Title VI regulations provide illustrative 
examples or applications that refer to the waiver language contained in 
the assurance provision. Because the waiver language in relevant 
assurance provisions should be deleted, similar language and references 
in illustrative applications and examples also should be deleted. These 
proposed deletions would not affect the reach of the statutes or 
regulations.

Other References to ``Program'' and ``Program or Activity''

    We are also proposing to delete references to ``program'' and 
``program or activity'' in the existing regulations that do not conform 
to the broadened CRRA definition of ``program'' and ``program or 
activity.'' For example, in some instances, we have proposed to 
substitute ``Federal financial assistance'' for ``program'' or 
``program or activity'' where the phrase refers to Federal financial 
assistance. In other instances, we have proposed to substitute the 
phrase ``aid, benefit, or service'' if that is the intended meaning. We 
have also proposed revisions when the terms ``program'' and ``program 
or activity'' are used too narrowly, i.e., when they are used to 
indicate only a specific portion of a program that directly receives 
assistance. The nomenclature tables, which are charts designed to 
provide an easy method for viewing the words to be removed or replaced, 
show these proposed conforming changes for each agency. In some 
instances, we would change the phrase ``program and activity'' to 
``program or activity'' to conform the regulations to the term as 
defined in the CRRA. We have not proposed to modify the term 
``activity'' when it appears separately from the phrase ``program or 
activity'' and is used in a manner unrelated to the CRRA phrase 
``program or activity.''
    Although we have generally proposed to delete all references to 
``program'' and ``program or activity'' where such references do not 
conform to the CRRA, we have not done so when the regulation is merely 
copying statutory language. For example, the regulations for some 
agencies contain a compliance provision that requires the agency to 
report any order for fund termination to the congressional committee 
with jurisdiction over the ``program'' involved. In this case, the term 
``program'' clearly refers to the Federal financial assistance, but we 
have not proposed to replace the word because the copied statutory 
language itself uses the term ``program.''
    In other instances in which the term ``program'' is used in a 
manner inconsistent with the CRRA, we have proposed to capitalize the 
word in order to distinguish it from the term defined by the CRRA. For 
example, we have proposed to capitalize certain terms of art 
(e.g.,``Historic Preservation Program,'' ``Individualized Education 
Program'') or names of types of Federal financial assistance (e.g., 
``School Lunch Program'') to avoid confusion.

Other Conforming Changes

    Other proposed changes include modifications to some agencies' 
definition of ``recipient.'' A few agencies define this term to include 
an entity that ``benefits from'' Federal financial assistance. 
Likewise, many agencies' Section 504 and Age Discrimination Act 
regulations use the phrase ``receives or benefits from Federal 
financial assistance.'' The phrase ``or benefits from'' in this context 
should be deleted as it is superfluous in light of the CRRA.
    Because the proposed changes are limited to those that are related 
to the CRRA definition of ``program'' and ``program or activity,'' we 
are not proposing to make additional technical corrections unless the 
provision is already subject to a CRRA-related change. Likewise, we do 
not propose to make other technical corrections to outdated agency or 
office names, with one notable exception. Since the regulations for the 
Department of Energy require that age discrimination complaints be 
filed with a specific office, we have updated the regulations to 
reflect the new name of that office, thereby reducing confusion for 
individual complainants.
    Although we did not propose to amend the content of the Agencies' 
appendices, the headings and introductory text describing the content 
were amended to conform with the CRRA. Additional conforming changes to 
the body of the various agency appendices will be published in the 
Federal Register in a separate document at a later date.

Period for Public Comment

    Because these proposed changes merely incorporate statutory 
language and do not alter the Agencies' consistent position that the 
regulations must be read in conformity with the CRRA, the Agencies view 
these proposed changes as technical in nature. However, the Agencies 
are inviting public comment on the proposed changes, consistent with 
their policy of involving interested members of the public in the 
rulemaking process. We have decided to use a 30-day comment period 
because we do not anticipate receiving a large volume of comments on 
the limited technical changes in this proposed rule.

Coordination With the Department of Education

    The Department of Education (``ED'')--one of two agencies that were 
implicated in the Cureton decision and that have decided to promulgate 
separate rules to incorporate the CRRA's expanded definition of 
``program or activity'' in their regulations--published its proposed 
rule on May 5, 2000, at 65 FR 26464. Among other modifications, ED's 
proposed amendments contain several conforming changes to the following 
three subparts of its Section 504 regulations: (1) Preschool, 
Elementary, and Secondary Education; (2) Postsecondary Education; and 
(3) Health, Welfare, and Social Services.
    Eight other Federal agencies have Section 504 regulations 
containing sections similar to all or a portion of the provisions in 
the above three subparts. Because we believe that it is particularly 
important to maintain consistency among Federal agencies with respect 
to these subparts, we have, with a few minor exceptions, followed ED's 
lead when amending these sections for the other eight agencies--
Department of Agriculture, Department of Commerce, Department of 
Interior, Department of State, Department of Veterans Affairs, Agency 
for International Development, National Endowment for the Humanities, 
and National Science Foundation--that have similar regulations.

Differences Among Agencies

    Some agencies lack regulations implementing Section 504 or the Age 
Discrimination Act. In accordance with the limited scope of this 
proposed regulation, we have not proposed to add Section 504 or Age 
Discrimination Act sections to agencies that lack such regulations. 
Outlined below are the agencies that do not have such implementing 
regulations, as well as agencies that have comprehensive rules

[[Page 76464]]

implementing several statutes in one set of regulations or that follow 
the regulations of another Federal agency.
    Agencies that do not have regulations implementing the Age 
Discrimination Act and, therefore, are amending only their regulations 
implementing Title VI and Section 504 are: the Department of 
Agriculture, the Department of Labor, the Department of Defense, the 
Environmental Protection Agency, and the Department of Transportation. 
The Federal Emergency Management Agency (``FEMA'') does not have 
regulations applying Section 504 to recipients of Federal financial 
assistance but, instead, operates in accordance with Section 504 
regulations developed by HHS. Therefore, FEMA will amend only its 
regulations implementing Title VI and the Age Discrimination Act. 
Likewise, the Small Business Administration does not have regulations 
applying Section 504 to recipients of Federal financial assistance and, 
therefore, will only be amending its Title VI and Age Discrimination 
Act regulations.
    In addition, the Corporation for National and Community Service 
(``the Corporation'') lacks regulations applying the Age Discrimination 
Act, Title VI, and Section 504 to recipients of Federal financial 
assistance. Instead, the Corporation, which is the successor of ACTION, 
operates in accordance with Title VI and Section 504 regulations 
promulgated by ACTION and will amend only those regulations. Similarly, 
the National Endowment for the Arts, the National Endowment for the 
Humanities (``NEH''), and the Institute of Museum and Library Services 
(``IMLS''), which together constitute the National Foundation on the 
Arts and the Humanities (``NFAH''), operate in accordance with Title VI 
regulations developed jointly by these three agencies and thus are 
amending their Title VI regulations jointly. However, NEA is separately 
amending its Section 504 and Age Discrimination Act regulations, while 
NEH, which lacks an Age Discrimination Act regulation, is amending its 
Section 504 regulation only. IMLS, which operates in accordance with 
NEH's Section 504 regulations and does not have regulations 
implementing the Age Discrimination Act, is not issuing any separate 
amendments.

Applicable Executive Orders and Regulatory Certifications Executive 
Order 12067

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

Executive Order 12250

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

Executive Order 12866

    These proposed conforming changes have been drafted and reviewed in 
accordance with section 1(b) of Executive Order 12866. This regulation 
is not a significant regulatory action under section 3(f)(4) of 
Executive Order 12866.

1. Potential Costs and Benefits

    Under Executive Order 12866, the Agencies have assessed the 
potential costs and benefits of this regulatory action. The potential 
costs associated with the proposed regulations are those resulting from 
statutory requirements and those that the Agencies have determined are 
necessary for administering these Federal financial assistance statutes 
effectively and efficiently. In assessing the potential costs and 
benefits--both quantitative and qualitative--of this regulatory action, 
the Agencies have determined that there probably will be no cost 
impacts because this regulatory action, which implements congressional 
amendments, merely clarifies longstanding policy of the Agencies and 
does not change the Agencies' practices in addressing issues of 
discrimination.
    The Agencies have also determined that this regulatory action would 
not unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.

2. Clarity of the Regulations

    Executive Order 12866 and the President's Memorandum of June 1, 
1998, on ``Plain Language in Government Writing'' require each agency 
to write regulations that are easy to understand. The Agencies invite 
comments on how to make these proposed regulations easier to 
understand, including answers to questions such as the following:
    <bullet> Are the requirements in the proposed regulations clearly 
stated?
    <bullet> Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
    <bullet> Does the format of the proposed regulations (grouping and 
order of sections, use of a nomenclature table) aid or reduce their 
clarity?
    <bullet> Could the description of the proposed regulations in the 
SUMMARY section of this preamble be more helpful in making the proposed 
regulations easier to understand? If so, how?
    <bullet> What else could we do to make the proposed regulations 
easier to understand?
    Send any comments that concern how the Agencies could make these 
proposed regulations easier to understand to the person listed in the 
ADDRESSES section of the preamble.

Age Discrimination Act of 1975

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

Small Business Regulatory Enforcement Fairness Act of 1996

    It has been determined that this rule is not a major rule as 
defined by the Small Business Regulatory Enforcement Fairness Act of 
1996, 5 U.S.C. 804. This rule will not result in an annual effect on 
the economy of $100 million or more; a major increase in costs or 
prices; or significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based companies to compete with foreign-based companies in 
domestic and export markets.
    All recipients of Federal funding have been bound by these 
standards of liability since the passage of the CRRA, when the Agencies 
reinstated their broad interpretation of the terms ``program or 
activity'' and ``program'' and applied these regulations on an 
institution-wide basis without changing the language of the 
regulations. The joint rule merely makes the regulations track the 
statutory language of the CRRA, both for disparate impact and disparate 
treatment forms of discrimination. These regulations implement 
statutory amendments and longstanding agency policy.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) 
requires agencies to prepare several analytic statements before 
proposing any rule that may result in annual expenditures of $100 
million by State, local, Indian tribal governments or the private 
sector. See 15 U.S.C. 1532.
    These amendments make technical changes to existing regulations 
that enforce statutory prohibitions on

[[Page 76465]]

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

Regulatory Flexibility Act

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

Paperwork Reduction Act

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

Executive Order 13132

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

List of Subjects

7 CFR Part 15

    Aged, Civil rights, Religious discrimination, Sex discrimination.

7 CFR Part 15b

    Civil rights, Equal employment opportunity, Grant programs--
education, Individuals with disabilities.

10 CFR Part 4

    Administrative practice and procedure, Aged, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities, Reporting and recordkeeping requirements, Sex 
discrimination.

10 CFR Part 1040

    Administrative practice and procedure, Aged, Civil rights, Equal 
employment opportunity, Individuals with disabilities, Sex 
discrimination.

13 CFR Part 112

    Civil rights, Reporting and recordkeeping requirements, Small 
businesses.

13 CFR Part 117

    Aged, Civil rights, Reporting and recordkeeping requirements.

14 CFR Part 1250

    Civil rights.

14 CFR Part 1251

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

14 CFR Part 1252

    Aged, Civil rights.

15 CFR Part 8

    Civil rights.

15 CFR Part 8b

    Civil rights, Equal educational opportunity, Equal employment 
opportunity, Individuals with disabilities, Reporting and recordkeeping 
requirements.

15 CFR Part 20

    Administrative practice and procedure, Aged, Civil rights.

18 CFR Part 1302

    Civil rights, Reporting and recordkeeping requirements.

18 CFR Part 1307

    Administrative practice and procedure, Civil rights, Individuals 
with disabilities.

18 CFR Part 1309

    Aged, Civil rights.

22 CFR Part 141

    Civil rights.

22 CFR Part 142

    Civil rights, Equal educational opportunity, Equal employment 
opportunity, Individuals with disabilities.

22 CFR Part 143

    Aged, Civil rights.

22 CFR Part 209

    Civil rights.

22 CFR Part 217

    Civil rights, Equal educational opportunity, Equal employment 
opportunity, Individuals with disabilities.

22 CFR Part 218

    Aged, Civil rights.

28 CFR Part 42

    Administrative practice and procedure, Aged, Civil rights, Equal 
employment opportunity, Grant programs, Individuals with disabilities, 
Reporting and recordkeeping requirements, Sex discrimination.

29 CFR Part 31

    Civil rights, Reporting and recordkeeping requirements.

29 CFR Part 32

    Civil rights, Equal employment opportunity, Individuals with 
disabilities, Reporting and recordkeeping requirements.

38 CFR Part 18

    Aged, Civil rights, Equal educational opportunity, Equal employment 
opportunity, Individuals with disabilities, Reporting and recordkeeping 
requirements, Veterans.

40 CFR Part 7

    Civil rights, Equal employment opportunity, Individuals with 
disabilities, Reporting and recordkeeping requirements, Sex 
discrimination.

41 CFR Part 101-6

    Civil rights, Government property management.

[[Page 76466]]

41 CFR Part 101-8

    Administrative practice and procedure, Civil rights, Government 
property management, Individuals with disabilities, Reporting and 
recordkeeping requirements.

43 CFR Part 17

    Administrative practice and procedure, Aged, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

44 CFR Part 7

    Administrative practice and procedure, Aged, Civil rights, 
Reporting and recordkeeping requirements.

45 CFR Part 605

    Civil rights, Equal educational opportunity, Equal employment 
opportunity, Individuals with disabilities.

45 CFR Part 611

    Civil rights, Reporting and recordkeeping requirements.

45 CFR Part 617

    Administrative practice and procedure, Aged, Civil rights.

45 CFR Part 110

    Civil rights.

45 CFR Part 1151

    Civil rights, Equal employment opportunity, Individuals with 
disabilities.

45 CFR Part 1156

    Administrative practice and procedure, Aged, Civil rights, Grant 
programs, Investigations, Reporting and recordkeeping requirements.

45 CFR Part 1170

    Civil rights, Equal educational opportunity, Equal employment 
opportunity, Individuals with disabilities.

45 CFR Part 1203

    Civil rights, Reporting and recordkeeping requirements.

45 CFR Part 1232

    Civil rights, Grant programs--social programs, Individuals with 
disabilities.

49 CFR Part 21

    Civil rights, Reporting and recordkeeping requriements.

49 CFR Part 27

    Administrative practice and procedure, Airports, Civil rights, 
Highways and roads, Individuals with disabilities, Mass transportation, 
Railroads, Reporting and recordkeeping requirements.

Proposed Adoption of Joint Rule

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

DEPARTMENT OF AGRICULTURE

7 CFR Subtitle A

RIN 0566-AB78

Authority and Issuance

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

PART 15--NONDISCRIMINATION

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

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

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


Sec. 15.2  Definitions.

* * * * *
    (k) Program or activity and program mean all of the operations of 
any entity described in paragraphs (k)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (k)(1), (2), or (3) of this section.
* * * * *
    3. In Sec. 15.3, the headings for paragraphs (d)(1) through (d)(10) 
are revised to read as follows:


Sec. 15.3  Discrimination prohibited.

* * * * *
    (d) * * *
    (1) Cooperative Agricultural Extension Program. * * *
    (2) Rural Electrification and Rural Telephone Programs. * * *
    (3) Direct Distribution Program. * * *
    (4) National School Lunch Program. * * *
    (5) Food Stamp Program. * * *
    (6) Special Milk Program for Children. * * *
    (7) Price Support Programs carried out through producer 
associations or cooperatives or through persons who are required to 
provide specified benefits to producers. * * *
    (8) Forest Service Programs. * * *
    (9) Farmers Home Administration Programs. * * *
    (10) Cooperative State Research Programs. * * *
    4. Section 15.4 is amended by revising paragraph (c) to read as 
follows:


Sec. 15.4  Assurances required.

* * * * *
    (c) Assurances from institutions. The assurance required with 
respect to an institution of higher education, or any other 
institution, insofar as the assurance relates to the institution's 
practices with respect to admission or other treatment of individuals 
or to the opportunity to participate in the provision of services or 
other benefits to such individuals, shall be applicable to the entire 
institution.
* * * * *
    5. Amend the appendix to subpart A of part 15 as follows:
    a. In the heading, by removing the words ``USDA-Assisted Programs'' 
and adding, in their place, the words ``Federal Financial Assistance 
From USDA'';
    b. In the introductory text, by removing the word ``Programs'' and 
adding, in its place, the words ``The types of Federal financial 
assistance''; and by removing the words ``in which Federal financial 
assistance is rendered''; and
    c. In the chart, by removing the column heading ``Program'' and 
adding, in its place, the column heading ``Type of Federal Financial 
Assistance''.

[[Page 76467]]

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
15.1(b)(3)...........................  under any such program
15.2(e)..............................  for any program,
15.2(e)..............................  under any such program
15.2(f)..............................  for the purpose of carrying out a program
15.3(b)(3)...........................  activities or programs                      programs or activities
15.3(d), introductory text, first      programs and activities                     types of Federal financial
 sentence.                                                                          assistance
15.3(d), introductory text, third      program                                     type of Federal financial
 sentence.                                                                          asistance
15.3(d), introductory text, third      it                                          a program
 sentence.
15.3(d), introductory text, last       listed program                              listed type of Federal
 sentence.                                                                          financial assistance
15.3(d)(1)(ii).......................  activity of                                 activity funded by
15.3(d)(3)(i)........................  direct distribution program                 Direct Distribution Program
15.3(d)(3)(iii)......................  program                                     Program
15.3(d)(4)(i)........................  program                                     Program
15.3(d)(4)(ii).......................  program                                     Program
15.3(d)(5)(i)........................  program                                     Program
15.3(d)(6)(i)........................  program                                     Program
15.3(d)(6)(iv).......................  program                                     Program
15.3(d)(7)(v)........................  price support program                       Price Support Program
15.3(d)(10)(ii)......................  cooperative research program                Cooperative Research Program
15.4(a)(1), first sentence...........  to carry out a program                      .............................
15.4(a)(1), first sentence...........  except a program                            except an application
15.4(b)..............................  to carry out its program for or activity
                                        involving
15.5(a), second sentence.............  programs                                    Federal financial assistance
15.5(a), second sentence.............  program
15.5(b), second sentence.............  of any program under                        in
15.5(d)..............................  program under                               program for
15.9(e), first sentence..............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
15.10(f).............................  under the program involved                  to which this regulation
                                                                                    applies
15.10(f).............................  assistance will                             assistance to which this
                                                                                    regulation applies will
15.10(f).............................  under such program
15.12(a), introductory text, first     under such program
 sentence.
----------------------------------------------------------------------------------------------------------------

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

    7. The heading for part 15b is revised to read as set forth above.
    8. The authority citation for part 15b continues to read as 
follows:

    Authority: 29 U.S.C. 794.

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


Sec. 15b.3  Definitions.

* * * * *
    (p) For purposes of Sec. 15b.18(d), Historic Preservation Programs 
are those that receive Federal financial assistance that has 
preservation of historic properties as a primary purpose.
* * * * *
    (s) Program or activity means all of the operations of any entity 
described in paragraphs (s)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or (ii) The entity 
of such State or local government that distributes such assistance and 
each such department or agency (and each other State or local 
government entity) to which the assistance is extended, in the case of 
assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (s)(1), (2), or (3) of this section.


Sec. 15b.4  [Amended]

    10. In Sec. 15b.4, the heading of paragraph (c) is amended by 
removing the word ``Programs'' and adding, in its place, the words 
``Aid, benefits, or services''.
    11. The heading for subpart C is revised to read as follows:

Subpart C--Accessibility

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


Sec. 15b.18  Existing facilities.

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

[[Page 76468]]

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. * * *
* * * * *


Sec. 15b.27  [Amended]

    13. Section 15b.27 is amended by removing from the heading of 
paragraph (b) the words ``Program delivery'' and adding, in their 
place, the word ``Delivery'', and by removing from the heading of 
paragraph (c) the words ``Program materials'' and adding, in their 
place, the word ``Materials''.


Sec. 15b.28  [Amended]

    14. The heading for Sec. 15b.28 is amended by removing the word 
``programs''.
    15. The heading for subpart F is revised to read as follows:

Subpart F--Other Aid, Benefits, or Services

Appendix A to Part 15b  [Amended]

    16. Amend appendix A to part 15b as follows:
    a. In the heading, by removing the words ``USDA-Assisted Programs'' 
and adding, in their place, the words ``Federal Financial Assistance 
From USDA'';
    b. In the introductory text, by removing the word ``Programs'' and 
adding, in its place, the words ``The types of Federal financial 
assistance''; and by removing the words ``in which Federal financial 
assistance is rendered''; and
    c. In the chart, by removing the column heading ``Program'' and 
adding, in its place, the column heading ``Type of Federal Financial 
Assistance''.
    17. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
15b.2, first sentence................  programs and activities                     programs or activities
15b.2, last sentence.................  tailored to specific programs               more specifically tailored
15b.4(b)(1)(v).......................  program                                     program or activity
15b.4(b)(3)..........................  programs or activities                      aid, benefits, or services
15b.4(b)(4)(ii)......................  program                                     program or activity
15b.4(b)(5)(i).......................  or benefits from
15b.4(b)(6)..........................  or benefiting from
15b.4(c).............................  the benefits of a program                   aid, benefits, or services
15b.4(c).............................  from a program                              from aid, benefits, or
                                                                                    services
15b.5(a), first sentence.............  for a program or activity
15b.5(a), first sentence.............  the program will                            the program or activity will
15b.7(a), second sentence............  programs and activities                     programs or activities
15b.8(a)(3)(i).......................  program                                     program or activity
15b.8(a)(3)(ii)......................  program                                     program or activity
15b.8(a)(3)(iii).....................  program                                     program or activity
15b.10...............................  programs                                    programs or activities
15b.11...............................  programs and activities                     programs or activities
15b.12(a)(3), last sentence..........  apprenticeship programs                     apprenticeships
15b.12(b)(8).........................  social                                      those that are social
15b.12(b)(8).........................  programs
15b.13(a)............................  program                                     program or activity
15b.13(c), introductory text.........  programs                                    programs or activities
15b.13(c)(1).........................  program                                     program or activity
15b.16...............................  programs and activities                     programs or activities
15b.18(b), last sentence.............  offer programs and activities to            serve
15b.18(b), last sentence.............  to obtain the full benefits of the program
15b.18(d)............................  program accessibility                       accessibility
15b.18(d)............................  the program                                 the program or activity
15b.18(e)(1), introductory text, last  program
 sentence.
15b.18(e)(1)(iv), first sentence.....  program
15b.18(e)(1)(iv), first sentence.....  historic preservation program               Historic Preservation Program
15b.18(e)(1)(iv), last sentence......  program accessibility                       accessibility
15b.18(e)(2), introductory text,       program
 first sentence.
15b.18(e)(2), introductory text, last  program
 sentence.
15b.18(e)(2)(iii)....................  program                                     program or activity
15b.18(g)(3).........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
15b.20...............................  programs and activities                     programs or activities
15b.21, introductory text............  program                                     program or activity
15b.22(a)............................  program                                     program or activity
15b.22(b)(2).........................  individualized education program            Individualized Education
                                                                                    Program
15b.22(b)(3), first sentence.........  in
15b.22(b)(3), first sentence.........  to a program                                for aid, benefits, or
                                                                                    services
15b.22(b)(3), first sentence.........  the one                                     those
15b.22(b)(3), first sentence.........  operates                                    operates or provides
15b.22(c)(1), second sentence........  to a program                                for aid, benefits, or
                                                                                    services
15b.22(c)(1), second sentence........  operated                                    operated or provided
15b.22(c)(1), second sentence........  the program                                 aid, benefits, or services
15b.22(c)(2).........................  person in                                   person
15b.22(c)(2).........................  to a program                                for aid, benefits, or
                                                                                    services
15b.22(c)(2).........................  not operated                                not operated or provided
15b.22(c)(2).........................  the program                                 aid, benefits, or services

[[Page 76469]]

 
15b.22(c)(3).........................  placement in
15b.22(c)(3).........................  program                                     placement
15b.22(c)(4), last sentence..........  such a program                              a free appropriate education
15b.24(a)............................  program shall                               program or activity shall
15b.24(a)............................  a regular or special education program      regular or special education
15b.25, first sentence...............  operates a                                  provides
15b.25, first sentence...............  education program                           education
15b.26(c)(1), first sentence.........  programs and activities                     aid, benefits, or services
15b.26(c)(1), last sentence..........  in these activities
15b.27(a), first sentence............  operates an                                 provides
15b.27(a), first sentence............  program or activity receiving assistance
                                        from this Department
15b.27(a), first sentence............  from the program or activity
15b.27(a), last sentence.............  under the program or activity
15b.27(b)(1), first sentence.........  program services                            aid, benefits, or services
15b.27(b)(2), first sentence.........  program services                            aid, benefits, or services
15b.27(b)(2), second sentence........  program benefits                            aid, benefits, or services
15b.27(b)(3), first sentence.........  program services                            aid, benefits, or services
15b.27(b)(3), second sentence........  program benefits                            aid, benefits, or services
15b.27(c), first sentence............  program
15b.28(a), first sentence............  operates a                                  provides
15b.28(a), first sentence............  program receiving assistance from this
                                        Department
15b.28(a), first sentence............  from such program
15b.29...............................  programs and activities                     programs or activities
15b.31(a)............................  program or activity                         aid, benefits, or services
15b.31(d)............................  programs and activities                     programs or activities
15b.32(a), second sentence...........  program or
15b.32(c)............................  in its program
15b.32(d)(1).........................  under the education program or activity
                                        operated by the recipient
15b.35(a)(1), first sentence.........  programs and activities                     aid, benefits, or services
15b.36...............................  programs and activities                     aid, benefits, or services
15b.39, first sentence...............  activity for                                activity that provides aid,
                                                                                    benefits, or services for
15b.39, first sentence...............  program, or activity                        program or activity
15b.40(a), first sentence............  operate                                     provide
15b.40(a), first sentence............  service programs assisted by this           services
                                        Department
15b.41(a)............................  a multi-family rental housing program       multi-family rental housing
15b.41(b)(2).........................  program
15b.41(c), first sentence............  program
15b.41(c), last sentence.............  program
----------------------------------------------------------------------------------------------------------------


    Dated: November 9, 2000.
Peter G. Parham,
Acting Director, Office of Civil Rights, Department of Agriculture.

NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

RIN 3130-AG65

Authority and Issuance

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

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

    1. The heading for part 4 is revised as set forth above.
    2. The authority citation for part 4 is revised to read as follows:

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

    Subpart A also issued under secs. 602-605, Pub. L. 88-352, 78 
Stat. 252, 253 (42 U.S.C. 2000d--2000d-7); sec. 401, 88 Stat. 1254 
(42 U.S.C. 5891).
    Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat. 
394 (29 U.S.C. 706); sec. 119, Pub. L. 95-602, 92 Stat. 2984 (29 
U.S.C. 794); sec. 122, Pub. L. 95-602, 92 Stat. 2984 (29 U.S.C. 
706(6)).
    Subpart C also issued under Title III of Pub. L. 94-135, 89 
Stat. 728, as amended (42 U.S.C. 6101).
    Subpart E also issued under 29 U.S.C. 794.

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


Sec. 4.4  Definitions.

* * * * *
    (g) Program or activity and program mean all of the operations of 
any entity described in paragraphs (g)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university or other postsecondary institution, or 
a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private

[[Page 76470]]

organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
    4. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
4.3, introductory text, second         programs                                    types of Federal financial
 sentence.                                                                          assistance
4.3, introductory text, third           under any program or activity
 sentence.
4.3, introductory text, fourth         a program                                   a type of Federal financial
 sentence.                                                                          assistance
4.3, introductory text, fourth         the program                                 a program or activity
 sentence.
4.4(f)...............................  for the purpose of carrying out a program
4.4(h)...............................  for any program,
4.4(h)...............................  under any such program
----------------------------------------------------------------------------------------------------------------

Subpart A--Regulations Implementing Title VI of the Civil Rights 
Act of 1964 and Title IV of the Energy Reorganization Act of 1974

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


Sec. 4.22  Continuing Federal financial assistance.

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


Sec. 4.24  Assurances from institutions.

* * * * *
    (b) The assurance required with respect to an institution of higher 
education, hospital, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, patients, or clients of the 
institution or to the opportunity to participate in the provision of 
services or other benefits to such individuals, shall be applicable to 
the entire institution.
    7. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
 4.12(a), introductory text..........  under any program
4.13(a), first sentence..............  a program of                                the
4.13(a), first sentence..............  assistance                                  assistance to a program
4.13(a), second sentence.............  such programs                               such Federal financial
                                                                                    assistance
4.13(a), second sentence.............  fellowship programs                         fellowships
4.21(a), first sentence..............  under a program
4.21(a), first sentence..............  except a program                            except an application
4.21(a), fifth sentence..............  for each program
4.21(a), fifth sentence..............  in the program
4.21(b), third sentence..............  program                                     statute
4.22.................................  to carry out a program involving            for
4.32(b)..............................  of any program under                        in
4.34.................................  program under which                         program for which
4.51(a)(4)...........................  , under the program involved
4.64, first sentence.................  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
4.64, last sentence..................  programs subject to this subpart are        this regulation is
4.74, first sentence.................  under the program involved                  to which this regulation
                                                                                    applies
4.74, first sentence.................  assistance will                             assistance to which this
                                                                                    regulation applies will
4.74, first sentence.................  under such program
4.91, introductory text, first         under such program
 sentence.
----------------------------------------------------------------------------------------------------------------

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

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


Sec. 4.126  General requirement concerning accessibility.

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


Sec. 4.127  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity so that when each part is viewed in its entirety it is readily 
accessible to and usable by handicapped persons. * * *
* * * * *
    10. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
4.121(a).............................  or benefits from

[[Page 76471]]

 
4.121(b)(1)(v).......................  program                                     program or activity
4.121(b)(2)..........................  programs or activities                      aid, benefits, or services
4.121(b)(3)(ii)......................  program                                     program or activity
4.121(b)(4)(i).......................  or benefits from
4.121(c).............................  the benefits of program                     aaid, benefits, or services
4.121(c).............................  a program                                   aid, benefits, or services
4.121(d).............................  programs and activities                     programs or activities
4.122(a).............................  or benefits from
4.122(c)(8)..........................  social                                      those that are social
4.122(c)(8)..........................  programs
4.122(d), last sentence..............  apprenticeship programs                     apprenticeships
4.123(a).............................  program                                     program or activity
4.123(c), introductory text..........  program                                     program or activity
4.123(c)(1)..........................  program                                     program or activity
4.126................................  or benefits from
4.127(b), last sentence..............  offer programs and activities to            serve
4.127(d)(3)..........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
4.231(a), first sentence.............  for a program or activity
4.231(a), first sentence.............  the program                                 the program or activity
4.231(c)(3)(i).......................  program                                     program or activity
4.231(c)(3)(ii)......................  program                                     program or activity
4.232(a), second sentence............  programs and activities                     programs or activities
----------------------------------------------------------------------------------------------------------------

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

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
4.313, introductory text, first        program of activity                         program or activity
 sentence.
4.321, first sentence................  programs and activities                     programs or activities
4.321, second sentence...............  programs and activities                     programs or activities
4.334(a)(2), last sentence...........  program
4.336(c)(2), first sentence..........  Federal
4.338(c).............................  program                                     program or activity
4.339(b)(2)..........................  program or activity                         Federal financial assistance
4.341(b).............................  programs                                    programs or activities
4.341(c).............................  programs                                    programs or activities
4.341(d).............................  programs                                    programs or activities
----------------------------------------------------------------------------------------------------------------


    Dated: August 25, 2000.
William D. Travers,
Executive Director for Operations, Nuclear Regulatory Commission.

DEPARTMENT OF ENERGY

10 CFR Chapter X

RIN 1901-AA86

Authority and Issuance

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

PART 1040--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR 
ACTIVITIES

    1. The heading for part 1040 is revised to read as set forth above.
    2. The authority citation for part 1040 is revised to read as 
follows:

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

Subpart A--General Provisions

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


Sec. 1040.3  Definitions--General.

* * * * *
    (u) Program or activity and program mean all of the operations of 
any entity described in paragraphs (u)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education,

[[Page 76472]]

health care, housing, social services, or parks and recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (u)(1), (2), or (3) of this section.
* * * * *
    4. Section 1040.4 is amended by revising paragraph (d) and the 
heading of paragraph (f) to read as follows:


Sec. 1040.4  Assurances required and preaward review.

* * * * *
    (d) Assurances from government agencies. In the case of any 
application from any department, agency or office of any State or local 
government for Federal financial assistance for any specified purpose, 
the assurance required by this section is to extend to any other 
department, agency, or office of the same governmental unit.
* * * * *
    (f) Continuing Federal financial assistance. * * *
* * * * *
    5. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1040.1, first sentence...............  the program or activity                     the Federal financial
                                                                                    assistance
1040.1, first sentence...............  program services                            services
1040.2(a), second sentence...........  Programs                                    Types of Federal financial
                                                                                    assistance
1040.2(a), fourth sentence...........  under any program or activity
1040.2(a), last sentence.............  a program                                   a type of Federal financial
                                                                                    assistance
1040.2(a), last sentence.............  the program                                 that a program or activity
1040.3(a)............................  program                                     aid, benefit, service
1040.3(t)............................  for the purpose of carrying out a program
1040.4(a), first sentence............  for a program or activity
1040.4(f), introductory text.........  administering a program which receives      applying for
1040.4(f)(1).........................  program                                     program or activity
1040.5(b), first sentence............  or programs                                 or activity
1040.5(b), second sentence...........  programs                                    programs or activities
1040.5(b), last sentence.............  broadcast program                           broadcast
1040.5(b), last sentence.............  the program                                 the program or activity
1040.5(b), last sentence.............  opportunity program                         opportunity program or
                                                                                    activity
1040.5(c), first sentence............  program                                     program or activity
1040.6(a) second sentence............  programs and activities                     programs or activities
1040.7(b)............................  a program that will                         to
----------------------------------------------------------------------------------------------------------------

Subpart B--Title VI of the Civil Rights Act of 1964; Section 16 of 
the Federal Energy Administration Act of 1974, as Amended; and 
Section 401 of the Energy Reorganization Act of 1974

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


Sec. 1040.13  Discrimination prohibited.

* * * * *
    (e) For the purpose of this section, the disposition, services, 
financial aid, or benefits provided under a program receiving Federal 
financial assistance include all portions of the recipient's program or 
activity, including facilities, equipment, or property provided with 
the aid of Federal financial assistance.
* * * * *
    7. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1040.11(b), first sentence...........  administering,                              administering or
1040.11(b), first sentence...........  or substantially benefiting from
1040.12(b), first sentence...........  programs and activities                     programs or activities
1040.13(b), introductory text........  under any program
1040.13(c)...........................  program objectives                          objectives of the program
1040.13(g), first sentence...........  from programs                               from benefits
1040.13(g), last sentence............  the benefits of a program                   benefits
1040.13(g), last sentence............  programs funded                             Federal financial assistance
                                                                                    provided
1040.14(a)(1), introductory text,      mobility programs                           mobility projects
 first sentence.
----------------------------------------------------------------------------------------------------------------

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


Sec. 1040.63  [Amended]

    8. In Sec. 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''.


Sec. 1040.71  [Amended]

    9. The undesignated center heading immediately preceding 
Sec. 1040.71 is amended by removing the word ``Program''.
    10. Section 1040.72 is amended by revising the heading and first 
sentence of paragraph (a) to read as follows:


Sec. 1040.72  Existing facilities.

    (a) Accessibility. A recipient shall operate any program or 
activity to which this subpart applies so that when each part is viewed 
in its entirety it is readily accessible and usable by handicapped 
persons. * * *
* * * * *
    11. Section 1040.74 is amended by revising the section heading, the 
heading and first sentence of paragraph

[[Page 76473]]

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


Sec. 1040.74  Accessibility in historic properties.

    (a) Methods to accomplish accessibility. Recipients shall operate 
each program or activity involving historic properties so that when 
each part is viewed in its entirety it is readily accessible to and 
usable by handicapped persons. * * *
    (1) Methods to accomplish accessibility without building 
alterations or structural changes. * * *
    (2) Methods to accomplish accessibility resulting in building 
alterations. * * *
    (3) Methods to accomplish accessibility resulting in structural 
changes. * * *
* * * * *
    12. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1040.61(b)...........................  or benefits from
1040.63(a)...........................  or benefits from
1040.63(b)(1)(v).....................  program                                     program or activity
1040.63(b)(3)........................  program or activities                       aid, benefits, or services
1040.63(b)(4)(ii)....................  program                                     program or activity
1040.63(b)(6)........................  or benefiting from
1040.63(c)...........................  the benefits of a program                   aid, benefits, or services
1040.63(c)...........................  from a program                              from aid, benefits, or
                                                                                    services
1040.63(d)...........................  programs of activities                      programs or activities
1040.64(c), first sentence...........  under any program to which                  under any program or activity
                                                                                    to which
1040.64(c), first sentence...........  assistance under any program for            assistance for
1040.66(a)(3), last sentence.........  apprenticeship programs                     apprenticeships
1040.66(b)(8)........................  social                                      those that are social
1040.66(b)(8)........................  programs
1040.67(a)...........................  program                                     program or activity
1040.67(c), introductory text........  program                                     program or activity
1040.67(c)(1)........................  program                                     program or activity
1040.72(b), last sentence............  offer programs and activities to            serve
1040.72(d)(3)........................  program accessibility                       accessibility under Sec.
                                                                                    1040.72(a)
1040.74(a), introductory text, second  program
 sentence.
1040.74(a), introductory text, last    program
 sentence.
1040.74(a)(1)(i).....................  programs                                    aid, benefits, or services
1040.74(a)(1)(iii)...................  programs or activities                      aid, benefits, or services
1040.74(a)(1)(iv)....................  programs                                    aid, benefits, or services
1040.74(a)(2), first sentence........  program
1040.74(a)(2), first sentence........  Program
1040.74(a)(3), first sentence........  program
1040.74(a)(3), first sentence........  Program
----------------------------------------------------------------------------------------------------------------

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

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

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

Appendix A to Subpart E to Part 1040  [Amended]

    14. Appendix A to subpart E to part 1040 is amended by removing the 
words ``or program'' from the sixth column heading.
    15. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1040.81, last sentence...............  programs and activities                     programs or activities
1040.82(a)...........................  or benefits from
1040.83(i)...........................  programs and activities                     programs or activities
1040.88(a)...........................  Office of Equal Opportunity (OEO)           Office of Civil Rights and
                                                                                    Diversity
1040.88(c)...........................  program                                     program or activity
1040.89-1, first sentence............  program and activities                      programs or activities
1040.89-5(a), third sentence.........  Office of Equal Opportunity (OEO)           Office of Civil Rights and
                                                                                    Diversity
1040.89-5(a), last sentence..........  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-5(b), introductory text......  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-5(c), first sentence.........  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-6(b), second sentence........  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-6(c), second sentence........  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-6(e).........................  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-7(a)(1)......................  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-7(a)(3)......................  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-7(b), first sentence.........  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-9(a), introductory text......  Programs                                    Programs or Activities
1040.89-9(a)(1), first sentence......  under the program or or activity involved   for a program activity in
                                        where                                       which
1040.89-9(c)(1)......................  OEO                                         Office of Civil Rights and
                                                                                    Diversity

[[Page 76474]]

 
1040.89-9(c)(2), first sentence......  Federal
1040.89-11...........................  OEO                                         Office of Civil Rights and
                                                                                    Diversity
1040.89-12(b)(2).....................  program or activity                         Federal financial assistance
1040.89-13(b), introductory text.....  OEO                                         Office of Civil Rights and
                                                                                    Diversity
----------------------------------------------------------------------------------------------------------------


    Dated: October 4, 2000.
T.J. Glauthier,
Deputy Secretary, Department of Energy.

SMALL BUSINESS ADMINISTRATION

13 CFR Chapter I

RIN 3245-AE58

Authority and Issuance

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

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

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

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

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


Sec. 112.2  Application of this part.

* * * * *
    (e) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (e)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (e)(1),(2), or (3) of this section.

Appendix A to Part 112  [Amended]

    3. The chart in appendix A to part 112 is amended by removing the 
heading ``Name of program'' and adding, in its place, the heading 
``Name of Federal financial assistance'; by removing the heading 
``Financial Programs'' and adding, in its place, the heading ``Federal 
Financial Assistance Involving Grants of Funds''; and by removing the 
heading ``Nonfinancial Programs'' and adding, in its place, the heading 
``Other Federal Financial Assistance''.
    4. The note immediately following appendix A to part 112 is amended 
by removing the word ``programs'' and adding, in its place, the words 
``types of Federal financial assistance''.
    5. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
112.2(a).............................  assistance under programs                   Federal financial assistance
112.3(b)(3), first sentence..........  the program                                 a program
112.8, last sentence.................  for each program
112.8, last sentence.................  in the program
----------------------------------------------------------------------------------------------------------------

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

    6. The heading for part 117 is revised to read as set forth above.
    7. The authority citation for part 117 continues to read as 
follows:

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

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


Sec. 117.2  Application of this part.

    (a) This part applies to all recipients of Federal financial 
assistance administered by the Small Business Administration, whether 
or not the specific type of Federal financial assistance administered 
is listed in appendix A.
* * * * *
    9. Section 117.3 is amended by redesignating paragraphs (j) through 
(m) as paragraphs (k) through (n), and adding a new paragraph (j) to 
read as follows:


Sec. 117.3  Definitions.

* * * * *
    (j) The term program or activity means all of the operations of any 
entity described in paragraphs (j)(1) through (4) of this section, any 
part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;

[[Page 76475]]

    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (j)(1), (2), or (3) of this section.
* * * * *

Appendix A to Part 117  [Amended]

    10. The chart in appendix A to part 117 is amended by removing the 
words ``Name of program'' and adding, in their place, the words ``Type 
of Federal financial assistance''.
    11. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
117.1................................  programs                                    programs or activities
117.3(j), first sentence.............  under any program
117.4(b)(2)..........................  programs                                    programs or activities
117.5(b), first sentence.............  in a program
117.6(b).............................  business or program                         program or activity
117.6(c).............................  program                                     program or activity
117.7, first sentence................  under any program
117.7, last sentence.................  for each program,
117.7, last sentence.................  in the program
117.8(a), first sentence.............  programs and activities                     programs or activities
117.8(c).............................  its program beneficiaries                   the beneficiaries of its
                                                                                    programs or activities
117.15(a)(3), first sentence.........  program
117.17(f)............................  under the programs involved                 to which this regulation
                                                                                    applies
117.17(f)............................  assistance will                             assistance to which this
                                                                                    regulation applies will
117.17(f)............................  under such program
117.19(a)(9).........................  program                                     program or activity
117.20, first sentence...............  programs                                    programs or activities
----------------------------------------------------------------------------------------------------------------


    Dated: August 23, 2000.
Fred P. Hochberg,
Acting Administrator, Small Business Administration.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR CHAPTER V

RIN 2700-AC41

Authority and Issuance

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

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

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

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

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


Sec. 1250.102  Definitions.

* * * * *
    (h) Program or activity and program mean all of the operations of 
any entity described in paragraphs (h)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
    3. Section 1250.103-4 is amended by revising paragraph (b) to read 
as follows:


Sec. 1250.103-4  Illustrative applications.

* * * * *
* * * * *
    (b) In a research or training grant to a university for activities 
to be conducted in a graduate school, discrimination in the admission 
and treatment of students in the graduate school is prohibited and the 
prohibition extends to the entire university.
* * * * *
    4. Section 1250.103-5 is amended by revising the heading to read as 
follows:

[[Page 76476]]

Sec. 1250.103-5  Special benefits.

* * * * *
    5-6. Section 1250.104 is amended by revising paragraph (c)(2) and 
by removing paragraph (d)(2) and the paragraph designation (d)(1), to 
read as follows:


Sec. 1250.104  Assurances.

* * * * *
    (c) * * *
    (2) The assurances from such an applicant shall be applicable to 
the entire organization of the applicant.
* * * * *
    7. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1250.101(a)(1), first sentence.......  federally-assisted programs and activities  types of Federal financial
                                                                                    assistance
1250.101(a)(1), second sentence......  program or activity                         type of Federal assistance
1250.101(a)(1), second sentence......  such program                                a program
1250.101(a)(1), last sentence........  programs                                    types of Federal financial
                                                                                    assistance
1250.101(a)(2).......................  under any such program
1250.101(b)(2).......................  extended under any such program             extended
1250.101(b)(3).......................  beneficiary under any such program          beneficiary
1250.101(b)(5).......................  programs                                    types of Federal financial
                                                                                    assistance
1250.101(b)(6).......................  programs                                    types of Federal financial
                                                                                    assistance
1250.102(f)..........................  for the purpose of carrying out a program
1250.102(i)..........................  for any program
1250.102(i)..........................  under any such program
1250.103-2(a), introductory text.....  under any program
1250.103-3(b)........................  programs                                    types of Federal financial
                                                                                    assistance
1250.103-4(a)........................  programs                                    services
1250.103-5...........................  the benefits of a program                   benefits
1250.104(a), first sentence..........  to carry out a program
1250.104(e), second sentence.........  under a program of                          with
1250.104(e), last sentence...........  program                                     statute
1250.105(b), last sentence...........  of any program under                        in
1250.105(d)..........................  program under                               program for
1250.108(e), first sentence..........  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
1250.109(f)..........................  under the program involved                  to which this regulation
                                                                                    applies
1250.109(f)..........................  assistance will                             assistance to which this
                                                                                    regulation applies will
1250.109(f)..........................  under such program
1250.111(a), first sentence..........  under such program
----------------------------------------------------------------------------------------------------------------

PART 1251--NONDISCRIMINATION ON BASIS OF HANDICAP

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

    Authority: 29 U.S.C. 794.

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


Sec. 1251.102  Definitions.

* * * * *
    (k) Program or activity means all of the operations of any entity 
described in paragraphs (k)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (k)(1), (2), or (3) of this section.


Sec. 1251.103  [Amended]

    10. In Sec. 1251.103, the heading of paragraph (c) is amended by 
removing the word ``Programs'' and adding, in its place, the words 
``Aid, benefits, or services''.
    11. The heading of subpart 1251.3 of part 1251 is revised to read 
as follows:

Subpart 1251.3--Accessibility

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


Sec. 1251.301  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity to which his part applies so that when each part is viewed in 
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
    13. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column, and add the text 
shown in the right column:

[[Page 76477]]



----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1251.101.............................  or benefits from
1251.103(a)..........................  or benefits from
1251.103(b)(1)(v)....................  program                                     program or activity
1251.103(b)(3).......................  program                                     program or activity
1251.103(b)(3).......................  or benefiting from
1251.103(b)(4).......................  programs or activities                      aid, benefits, or services
1251.103(b)(5)(ii)...................  program                                     program or activity
1251.103(b)(6)(i)....................  or benefits from
1251.103(b)(7).......................  or benefiting from
1251.103(c)..........................  the benefits of a program                   aid, benefits, or services
1251.103(c)..........................  from a program                              from aid, benefits, or
                                                                                    services
1251.104(a), first sentence..........  for a program activity
1251.104(a), first sentence..........  the program                                 the program or activity
1251.105(a)(3)(i)....................  program                                     program or activity
1251.105(a)(3)(ii)...................  program                                     program or activity
1251.105(a)(3)(iii)..................  program                                     program or activity
1251.107(a), second sentence.........  programs and activities                     programs or activities
1251.200(a)(2).......................  programs                                    programs or activities
1251.200(a)(4), last sentence........  apprenticeship programs                     apprenticeships
1251.200(b)(8).......................  social                                      those that are social
1251.200(b)(8).......................  programs
1251.200(d), last sentence...........  apprenticeship programs                     apprenticeships
1251.201(a)..........................  program                                     program or activity
1251.201(c), introductory text.......  program                                     program or activity
1251.201(c)(1).......................  program                                     program or activity
1251.301(b), last sentence...........  offer programs and activities to            serve
1251.301(d)(3).......................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
----------------------------------------------------------------------------------------------------------------

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

    14. The heading for part 1252 is revised to read as set forth 
above.
    15. The authority citation for part 1252 continues to read as 
follows:

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

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


Sec. 1252.102  To what programs or activities do these regulations 
apply?

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


Sec. 1252.103  Definitions.

* * * * *
    (n) Program or activity means all of the operations of any entity 
described in paragraphs (n)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (n)(1), (2), or (3) of this section.
    18. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1252.100, last sentence..............  programs and activities                     programs or activities
1252.102(a)..........................  or benefits from
1252.203.............................  program                                     program or activity
1252.300.............................  programs and activities                     programs or activities
1252.403(a)(2), last sentence........  program
1252.405(b), first sentence..........  program activity                            program or activity
1252.405(c)(2), first sentence.......  Federal
1252.409(b)(2).......................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------



[[Page 76478]]

    Dated: September 11, 2000.
Daniel S. Goldin,
Administrator, National Aeronautics and Space Administration.

DEPARTMENT OF COMMERCE

15 CFR Subtitle A

RIN 0690-AA30

Authority and Issuance

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

PART 8--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE 
DEPARTMENT OF COMMERCE--EFFECTUATION OF TITLE VI OF THE CIVIL 
RIGHTS ACT OF 1964

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

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

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


Sec. 8.3  Definitions.

* * * * *
    (g) Program or activity and program mean all of the operations of 
any entity described in paragraphs (g)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
    3. Section 8.5 is amended by revising paragraph (b)(10) to read as 
follows:


Sec. 8.5  Nondiscrimination clause.

* * * * *
    (b) * * *
    (10) In the case where any assurances are required from an 
academic, a medical care, detention or correctional, or any other 
institution or facility, insofar as the assurances relate to the 
institution's practices with respect to the admission, care, or other 
treatment of persons by the institution or with respect to the 
opportunity of persons to participate in the receiving or providing of 
services, treatment, or benefits, such assurances shall be applicable 
to the entire institution or facility.
* * * * *
    4. Section 8.6 is amended by revising the heading of paragraph (a) 
to read as follows:


Sec. 8.6  Applicability of this part to Department assisted programs.

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

Appendix A to Part 8  [Amended]

    5. The heading for appendix A to part 8 is amended by removing the 
word ``Programs'' and adding, in its place, the words ``Federal 
Financial Assistance''.
    6. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
8.2(a), first sentence...............  federally assisted programs                 types of Federal financial
                                                                                    assistance
8.2(a), last sentence................   under any such program
8.2(b)(2)............................   under any such program
8.2(b), second sentence..............  a program                                   a type of Federal financial
                                                                                    assistance
8.2(b), second sentnece..............  such program                                a program
8.2(b), last sentence................  programs                                     types of Federal financial
                                                                                    assistance
8.3(i), first sentence...............   for or in connection with any program
8.3(i), last sentence................   under any program
8.3(j)...............................   for the purpose of carrying out a program
8.4(b)(1), introductory text.........   under any program to which this part
                                        applies
8.4(b)(1)(vii).......................   where a program is applicable thereto
8.4(b)(2)............................   under any program
8.4(b)(2)............................  such program, or the class of persons to    program, or the class of
                                        whom                                        persons to whom
8.4(c)(1), third sentence............  program                                     plan
8.5(a), first sentence...............   to carry out a program
8.5(b)(3)............................  That in a program involving                 When
8.5(b)(3)............................  assistance,                                 assistance is involved,
8.5(b)(5), third sentence............  program                                     statute
8.6, introductory text, second         program                                     type of Federal financial
 sentence.                                                                          assistance
8.6(b), second sentence..............  student training programs                   instances of student training
8.7(b), last sentence................  of any program under                        in
8.7(d)...............................  program under which                         program for which
8.12(e), first sentence..............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
8.13(f)..............................  under the program involved                  to which this regulation
                                                                                    applies
8.13(f)..............................  assistance will                             assistance to which this
                                                                                    regulation applies will

[[Page 76479]]

 
8.13(f)..............................   under such program
8.15(a), introductory text, first       under such program
 sentence.
----------------------------------------------------------------------------------------------------------------

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

    7. The heading for part 8b is revised to read as set forth above.
    8. The authority citation for part 8b is revised to read as 
follows:

    Authority: 29 U.S.C. 794.

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


Sec. 8b.3  Definitions.

* * * * *
    (h) Program or activity means all of the operations of any entity 
described in paragraphs (h)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
    10. Section 8b.4 is amended by revising the heading of paragraph 
(c) to read as follows:


Sec. 8b.4  Discrimination prohibited.

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

Subpart C of 8b  [Amended]

    11. The heading for subpart C of part 8b is amended by removing the 
word ``Program.''
    12. Section 8b.17 is amended by revising the heading and first 
sentence of paragraph (a) to read as follows:


Sec. 8b.17  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity to which this part applies so that when each part is viewed in 
its entirety it is readily accessible to qualified handicapped 
individuals. * * *
* * * * *
    12. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
8b.1, first sentence.................  or benefiting from
8b.1, last sentence..................  programs and activities                     programs or activities
8b.1, last sentence..................  or benefiting from
8b.2, first sentence.................  program                                     program or activity
8b.2, first sentence.................  or benefiting from
8b.2, last sentence..................  program                                     program or activity
8b.4(a)..............................  or benefits from
8b.4(b)(1)(v)........................  program                                     program or activity
8b.4(b)(3)...........................  programs or activities                      aid, benefits, or services
8b.4(b)(4)(ii).......................  program                                     program or activity
8b.4(b)(5)(i)........................  or benefits from
8b.4(b)(6)...........................  or benefiting from
8b.4(b)(7)(i)........................  under programs of Federal financial
                                        assistance
8b.4(c)..............................  the benefits of a program                   aid, benefits, or services
8b.4(c)..............................  from a program                              from aid, benefits, or
                                                                                    services
8b.4(d)..............................  programs and activities                     programs or activities
8b.5(a), first sentence..............  for a program or activity
8b.5(a), first sentence..............  the program                                 the program or activity
8b.5(b)(3)...........................  program                                     program or activity
8b.5(d)..............................  a program                                   the objectives of Federal
                                                                                    financial assistance
8b.5(d)..............................  programs and activities                     programs or activities
8b.6(a)(3)(i)........................  program                                     program or activity
8b.6(a)(3)(ii).......................  program                                     program or activity
8b.8(a), second sentence.............  programs and activities                     programs or activities
8b.10(a).............................  programs                                    programs or activities
8b.11(a)(1)..........................  or benefits from
8b.11(a)(3), last sentence...........  apprenticeship programs                     apprenticeships
8b.12(a).............................  program                                     program or activity

[[Page 76480]]

 
8b.12(b)(1)..........................  program                                     program or activity
8b.12(c), introductory text..........  program                                     program or activity
8b.12(c)(1)..........................  program                                     program or activity
8b.12(e).............................  program                                     program or activity
8b.17(a), third sentence.............  program                                     aid, benefit, or service
8b.17(a), last sentence..............  Program accessibility                       Accessibility
8b.17(a), last sentence..............  program                                     aid, benefit, or service
8b.17(b), last sentence..............  offer programs and activities to            serve
8b.17(e)(3)..........................  program accessibility                       accessibility under Sec.
                                                                                    8b.17(a)
8b.19................................  programs and activities                     programs or activities
8b.19................................  or benefit from
8b.21(a).............................  program or activity                         aid, benefits, or services
8b.21(d).............................  programs and activities                     program or activity
8b.22(a), second sentence............  program of
8b.22(c).............................  in its program
8b.22(d)(1), first sentence..........  under the education program or activity
                                        operated by the recipient
8b.25(a)(1), first sentence..........  programs and activities                     aid, benefits, or services
----------------------------------------------------------------------------------------------------------------

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

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

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

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


Sec. 20.2  Programs or activities to which these regulations apply.

* * * * *
    17. Section 20.3 is amended by redesignating paragraphs (j) through 
(n) as paragraphs (k) through (o), respectively; and adding a new 
paragraph (j) to read as follows:


Sec. 20.3  Definitions.

* * * * *
    (j) Program or activity means all of the operations of any entity 
described in paragraphs (j)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (j)(1),(2), or (3) of this section.
* * * * *
    18. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
20.1, last sentence..................  programs and activities                     programs or activities
20.2(a)..............................  or benefits from
20.4(d)..............................  program                                     program or activity
20.7, introductory text..............  programs and activities                     programs or activities
20.7(a), first sentence                program                                     program or activity
20.13(a)(2),last sentence              program
20.15(a)(1), last sentence             program                                     program or activity
20.15(b)                               program and activity                        program or activity
20.15(c)(2), first sentence            Federal
20.18(b)(2)                            program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------



[[Page 76481]]

    Dated: August 11, 2000.
Lawrence N. Self,
Acting Director, Office of Civil Rights, Department of Commerce.

TENNESSEE VALLEY AUTHORITY

18 CFR Chapter XIII 

RIN 3316-AA20

Authority and Issuance

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

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

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

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

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


Sec. 1302.3  Definitions.

* * * * *
    (e) Program or activity and program refer to all of the operations 
of any entity described in paragraphs (e)(1) through (4) of this 
section, any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (e)(1), (2), or (3) of this section.
    3. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1302.2, introductory text, first       program in which                            program for which
 sentence.
1302.2, introductory text, second      programs                                    types of Federal financial
 sentence.                                                                          assistance
1302.2(b)............................  under any such program
1302.2(c)............................  under any such program
1302.2, concluding text, first         a program                                   a type of Federal financial
 sentence.                                                                          assistance
1302.2, concluding text, first         such program                                a program
 sentence.
1302.2, concluding text, last          programs                                    types of Federal financial
 sentence.                                                                          assistance
1302.4(b)(1), introductory text......  under any program or activity
1302.5(a), last sentence.............  in the program
1302.5(b), first sentence............  through a program of                        with
1302.5(b), second sentence...........  under a program of                          with
1302.5(b), third sentence............  program                                     statute
1302.6(b), last sentence.............  of any program under                        in
1302.6(d)............................  program under which                         program for which
1302.7(b)(3)(ii).....................  program                                     programs
1302.7(c)(3)(ii)(B)..................  program                                     programs
1302.9(e), first sentence............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
1302.10(f)...........................  under the program involved                  to which this regulation
                                                                                    applies
1302.10(f)...........................  assistance will                             assistance to which this
                                                                                    regulation applies will
1302.10(f)...........................  under such program
1302.12(a), introductory text, first   under such program
 sentence.
----------------------------------------------------------------------------------------------------------------

PART 1307--NONDISCRIMINATION WITH RESPECT TO HANDICAP

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

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

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


Sec. 1307.1  Definitions.

* * * * *
    (k) Program or activity means all of the operations of any entity 
described in paragraphs (k)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private

[[Page 76482]]

organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (k)(1), (2), or (3) of this section.
    6. The heading of Sec. 1307.4 is revised to read as follows:


Sec. 1307.4  Discrimination prohibited.

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


Sec. 1307.6  Accessibility.

* * * * *
    (b) * * *
    (1) Each program or activity subject to this part shall be operated 
so that when each part is viewed in its entirety it is readily 
accessible to and usable by qualified handicapped persons. * * *
* * * * *
    8. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1307.3, first sentence...............  program in which                            program or activity for which
1307.3, first sentence...............  under any program
1307.3, first sentence...............  under any such program
1307.4(b)(1), introductory text......  under any program
1307.4(b)(1)(i)......................  program                                     program or activity
1307.4(b)(1)(ii).....................  program                                     program or activity
1307.4(b)(1)(iii)....................  program                                     program or activity
1307.4(b)(1)(iv).....................  program                                     program or activity
1307.4(b)(1)(v)......................  program                                     program or activity
1307.4(b)(1)(vi).....................  program                                     program or activity
1307.4(b)(1)(vii)....................  program                                     program or activity
1307.4(b)(2).........................  program                                     program or activity
1307.4(b)(2).........................  activities                                  aid, benefits, or services
1307.4(b)(3)(ii).....................  program                                     program or activity
1307.4(b)(4).........................  program,                                    program or activity,
1307.4(b)(4)(i)......................  program                                     program or activity
1307.4(c)............................  the benefits of a program                   aid, benefits, or services
1307.4(c)............................  from a program                              from aid, benefits, or
                                                                                    services
1307.4(d), first sentence............  programs and activities                     programs or activities
1307.4(d), last sentence.............  programs                                    aid, benefits, or services
1307.5(c)(8).........................  social                                      those that are social
1307.5(c)(8).........................  programs
1307.5(d)............................  apprenticeship programs                     apprenticeships
1307.5(e)(2)(i)......................  programs                                    programs or activities
1307.6(a)............................  program                                     program or activity
1307.6(b)(1), third sentence.........  program
1307.6(b)(1), last sentence..........  programs or activities                      aid, benefits, or services
1307.6(b)(2), introductory text,       make covered programs or activities in      comply with paragraph (b)(1)
 second sentence.                       existing facilities recipient accessible    of this section
1307.6(c), second sentence...........  program
1307.6(c), fourth sentence...........  program
1307.6(d)(1).........................  program                                     program or activity
1307.7(a), last sentence.............  in the program
1307.7(b), first sentence............  through a program of                        with
1307.7(b), second sentence...........  under a program of                          with
1307.7(b), third sentence............  program                                     statute
1307.8(b), last sentence.............  of any program under                        in
1307.8(d)............................  program under which                         program or activity for which
1307.10(c), last sentence............  program                                     program or activity
1307.11(e) first sentence............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
1307.12(f)...........................  under the program involved                  to which this regulation
                                                                                    applies
1307.12(f)...........................  assistance will                             assistance to which this
                                                                                    regulation applies will
1307.12(f)...........................  under such program
1307.13(a)(2)........................  program                                     program or activity
1307.13(b), first sentence...........  programs                                    programs or activities
----------------------------------------------------------------------------------------------------------------

PART 1309--NONDISCRIMINATION WITH RESPECT TO AGE

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

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

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


Sec. 1309.1  What are the defined terms in this part and what do they 
mean?

* * * * *

[[Page 76483]]

    (m) Program or activity means all of the operations of any entity 
described in paragraphs (m)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (m)(1), (2), or (3) of this section.
    11. The heading for Sec. 1309.4 is revised to read as follows:


Sec. 1309.4  What programs or activities are covered by the Act and 
this part?

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1309.2, last sentence................  programs and activities                     programs or activities
1309.9(a), last sentence.............  in the program
1309.9(b), second sentence...........  under a program of                          with
1309.9(b), third sentence............  program                                     statute
1309.10(a), first sentence...........  programs and activities                     programs or activities
1309.12(a), last sentence............  of any program under                        in
1309.12(c)...........................  program under which                         program or activity for which
1309.14(a), third sentence...........  program
1309.14(d)(2), last sentence.........  program
1309.15(b), first sentence...........  program                                     program
139.15(c)(2), first sentence.........  the TVA program                             the program
1309.16, last sentence...............  program or activity                         Federal financial assistance
1309.17(e), first sentence...........  programs                                    Federal statutes,
                                                                                    authorities, of other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
1309.17(f)(3)........................  under the program involved                  to which this regulation
                                                                                    applies
1309.17(f)(3)........................  assistance will                             assistance to which this
                                                                                    regulations applies will
1309.17(f)(3)........................  under such program
1309.18(c)...........................  program                                     program or activity
----------------------------------------------------------------------------------------------------------------


    Dated: August 30, 2000.
Franklin E. Alford,
Manager, Supplier and Diverse Business Relations, Tennessee Valley 
Authority.

DEPARTMENT OF STATE

22 CFR Chapter I

RIN 1400-AB17

Authority and Issuance

    For the reasons set forth in the joint preamble, the Department of 
State proposes to amend 22 CFR chapter I, parts 141 through 143 as set 
forth below:

PART 141--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE 
DEPARTMENT OF STATE--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS 
ACT OF 1964

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

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

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


Sec. 141.3  Discrimination prohibited.

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


Sec. 141.4  Assurances required.

* * * * *
    (b) * * * (2) The assurance required with respect to an institution 
of higher education, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, or clients of the 
institution or to the opportunity to participate in the provision of 
services or other benefits to such individuals, shall be applicable to 
the entire institution.
* * * * *
    4. Section 141.12 is amended by revising paragraph (f) to read as 
follows:


Sec. 141.12  Definitions.

* * * * *
    (f) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (f)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;

[[Page 76484]]

    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or (ii) A local educational 
agency (as defined in section 8801 of title 20), system of vocational 
education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *

Appendix A to Part 141  [Amended]

    5. The heading for appendix A to part 141 is amended by removing 
the words ``Grants and Activities'' and adding, in their place, the 
words ``Federal Financial Assistance''.
    6. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
141.2, first sentence................  federally-assisted programs and             types of Federal financial
                                        activities.                                 assistance
141.2, second sentence...............  under any such program
141.2(b).............................  under any such program
141.2(c).............................  under any such program
141.2, penultimate...................  program or activity                         type of Federal financial
                                                                                    assistance
141.2, penultimate...................  such program                                a program sentence
141.3(b)(1), introductory text.......  under any program
141.3(c).............................  the benefits of a program                   benefits
141.4(a)(1), first sentence..........  to carry out a program
141.4(a)(2), third sentence..........  a program of
141.4(a)(3), first sentence..........  for each program,
141.4(a)(3), first sentence..........  in the program
141.4(b)(1)..........................  a student loan program                      student loans
141.5(b), last sentence..............  of any program under                        in
141.5(d).............................  program under which                         program for which
141.8(e), first sentence.............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
141.9(f).............................  under the program involved                  to which this regulation
                                                                                    applies
141.9(f).............................  assistance will                             assistance to which this
                                                                                    regulation applies will
141.9(f).............................  under such program
141.12(c)............................  the program extending
141.12(g)............................  for any program,
141.12(g)............................  under any such program
141.12(h)............................  for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------

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

    7. The heading for part 142 is revised to read as set forth above.
    8. The authority citation for part 142 continues to read as 
follows:

    Authority: 29 U.S.C. 794.

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


Sec. 142.3  Definitions.

* * * * *
    (m) Program or activity means all of the operations of any entity 
described in paragraphs (m)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or (ii) The entity 
of such State or local government that distributes such assistance and 
each such department or agency (and each other State or local 
government entity) to which the assistance is extended, in the case of 
assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (m)(1), (2), or (3) of this section.
    10. Section 142.4 is amended by revising the heading of paragraph 
(c) to read as follows:


Sec. 142.4  Discrimination prohibited.

* * * * *
    (c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
    11. The heading for subpart C is revised to read as follows:

[[Page 76485]]

Subpart C--Accessibility

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


Sec. 142.16  Existing facilities.

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

Appendix to Part 142  [Amended]

    13. The heading for appendix A to part 142 is amended by removing 
the words ``Grants and Activities'' and adding, in their place, the 
words ``Federal Financial Assistance''.
    14. The introductory text for appendix A to part 142 is amended by 
removing the words ``Programs of'' and adding, in their place, the 
words ``Types of Federal''.
    15. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
142.2, introductory text, first        all programs                                all programs or activities
 sentence.
142.2, introductory text, first        federally-assisted programs and activities  types of Federal financial
 sentence.                                                                          assistance
142.2, introductory text, second       under any such program
 sentence.
142.2(b).............................  under any such program
142.2(c).............................  under any such program
142.2(d), last sentence..............  program                                     Federal financial assistance
142.4(a).............................  or benefits from
142.4(b)(1)(v).......................  recipients program                          recipient's program or
                                                                                    activity
142.4(b)(3)..........................  programs or activities                      aid, benefits, or services
142.4(b)(4)(ii)......................  program                                     program or activity
142.4(b)(5)(i).......................  or benefits from
142.4(b)(6)..........................  or benefiting from
142.4(c).............................  the benefits of a program                   aid, benefits, or services
142.4(d).............................  programs and activities                     programs or activities
142.4(e).............................  programs and activities                     programs or activities
142.5(a), first sentence.............  for a program or activity
142.5(a), first sentence.............  program will                                program or activity will
142.6(a)(3)(i).......................  program                                     program or activity
142.6(a)(3)(ii)......................  program                                     program or activity
142.8(a), second sentence............  programs and activities                     programs or activities
142.11(a)(3), last sentence..........  apprenticeship programs                     apprenticeships
142.11(b)(8).........................  social                                      those that are social
142.11(b)(8).........................  programs
142.12(a)............................  program                                     program or activity
142.12(c), introductory text.........  program                                     program or activity
142.12(c)(1).........................  program                                     program or activity
142.16(b), last sentence.............  offer programs and activities to            serve
142.16(d)(3).........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
142.41...............................  programs and activities                     programs or activities
142.41...............................  or benefit from
142.43(a)............................  program or activity                         aid, benefits, or services
142.43(b)............................  programs activities                         programs or activities
142.43(d)............................  programs and activities                     programs or activities
142.44(a), second sentence...........  program of
142.44(c)............................  in its program
142.44(d)(1).........................  under the education program or activity
                                        operated by the recipient
142.47(a)(1), first sentence.........  programs and activities                     aid, benefits, or services
142.61...............................  programs and activities                     programs or activities
142.61...............................  or benefit from
----------------------------------------------------------------------------------------------------------------

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

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

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

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


Sec. 143.2  To what programs or activities do these regulations apply?

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

Sec. 143.3  Definitions.

* * * * *
    (b) * * *
    (2) Program or activity means all of the operations of any entity 
described in paragraphs (b)(2)(i) and (iv) of this section, any part of 
which is extended Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (B) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in section 8801 of title 
20),

[[Page 76486]]

system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (iv) Any other entity which is established by two or more of the 
entities described in paragraph (b)(2)(i), (ii), or (iii) of this 
section.
* * * * *

Appendix A to Part 143  [Amended]

    19. The heading for appendix A to part 143 is amended by removing 
the word ``Programs'' and adding, in its place, the words ``Federal 
Financial Assistance''.
    20. The undesignated center heading in appendix A to part 143 is 
amended by removing the words ``Programs of'' and adding, in their 
place, the words ``Types of Federal''.

Appendix B to Part 143  [Amended]

    21. The heading for appendix B to part 143 is amended by removing 
the word ``Programs'' and adding, in its place, the words ``Federal 
Financial Assistance''.
    22. The undesignated center heading in appendix B to part 143 is 
amended by removing the words ``Programs of'' and adding, in their 
place, the words ``Types of Federal''.

Appendix C to Part 143  [Amended]

    23. The heading for appendix C to part 143 is amended by removing 
the word ``Programs'' and adding, in its place, the words ``Federal 
Financial Assistance''.
    24. The undesignated center heading in appendix C to part 143 is 
amended by removing the words ``Program of'' and adding, in their 
place, the words ``Types of Federal''.
    25. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
143.1, last sentence.................  programs and activities                     programs or last activities
143.2................................  or benefits from
143.21...............................  programs and activities                     programs or activities
143.34(a)(2), last sentence..........  program
143.36(c)(2), first sentence.........  Federal
143.39(b)(2).........................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------


    Dated: August 24, 2000.
Bonnie Cohen,
Under Secretary of State for Management.

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Chapter II

RIN 0412-AA45

Authority and Issuance

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

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

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

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

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


Sec. 209.3  Definitions.

* * * * *
    (g) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (g)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
    3. Section 209.5 is amended by revising paragraph (b)(2) to read as 
follows:


Sec. 209.5  Assurance required.

* * * * *
    (b) * * *
    (2) The assurance required with respect to an institution of higher 
education or any other institution, insofar as the assurance relates to 
the institution's practices with respect to admission or other 
treatment of individuals as students or clients of the institution or 
to the opportunity to participate in the provision of services or other 
benefits to such individuals, shall be applicable to the entire 
institution.
    4. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

[[Page 76487]]



----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
 209.2, first sentence...............  federally assisted programs and activities  types of Federal financial
                                                                                    assistance
209.2, second sentence...............  under any such program
209.2(b).............................  under any such program
209.2(c).............................  under any such program
209.2, last sentence.................  program                                     Federal financial assistance
209.3(f).............................  for the purpose of carrying out a program
209.3(h).............................  for any program,
209.3(h).............................  under any such program
209.4(b)(1), introductory text.......  under any program
209.5(a)(1), first sentence..........  to carry out a program
209.5(a)(1), first sentence..........  except a program                            except an application
209.5(a)(1), fifth sentence..........  for each program
209.5(a)(1), fifth sentence..........  in the program
209.5(a)(2), first sentence..........  through a program of                        with
209.5(a)(2), second sentence.........  under a program of                          with
209.5(a)(2), third sentence..........  program                                     statute
209.5(b)(1)..........................  for a student assistance program            for student assistance
209.6(b), last sentence..............  of any program under                        in
209.6(d).............................  under                                       for
209.9(e), first sentence.............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
209.10(e)............................  under the program involved                  to which this regulation
                                                                                    applies
209.10(e)............................  assistance will                             assistance to which this
                                                                                    regulation applies will
209.10(e)............................  under such program
209.12(a),first sentence.............  under such program
209.13...............................  programs                                    Federal financial assistance
----------------------------------------------------------------------------------------------------------------

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

    5. The heading for part 217 is revised to read as set forth above.
    6. The authority citation for part 217 continues to read as 
follows:

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

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


Sec. 217.3  Definitions.

* * * * *
    (l) Program or activity means all of the operations of any entity 
described in paragraphs (l)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (l)(1), (2), or (3) of this section.
    8. Section 217.4 is amended by revising the heading of paragraph 
(c) to read as follows:


Sec. 217.4  Discrimination prohibited.

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

Subpart C of Part 217  [Amended]

    9. The heading for subpart C is amended by removing the word 
``Program''.
    10. Section 217.22 is amended by revising the heading and first 
sentence of paragraph (a) to read as follows:


Sec. 217.22  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity to which this part applies so that when each part is viewed in 
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
    11. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
217.2, first sentence................  programs carried                            programs or activities
                                                                                    carried
217.2, first sentence................  federally assisted programs and activities  types of Federal financial
                                                                                    assistance
217.2, second sentence...............  under any such program
217.2(b).............................  under any such program
217.2(c).............................  under any such program
217.2, last sentence.................  program                                     Federal financial assistance

[[Page 76488]]

 
217.4(a).............................  or benefits from
217.4(b)(1)(v).......................  program                                     program or activity
217.4(b)(3)..........................  programs or activities                      aid, benefits, or service
217.4(b)(4)(ii)......................  program                                     program or activity
217.4(b)(5)(i).......................  or benefits from
217.4(b)(6)..........................  or benefiting from
217.4(c).............................  the benefits of a program                   aid, benefits, or services
217.4(c).............................  from a program                              from aid, benefits, or
                                                                                    services
217.5(a), first sentence.............  for a program or activity
217.5(a), first sentence.............  the program                                 the program or activity
217.6(a)(3)(i).......................  program                                     program or activity
217.6(a)(3)(ii)......................  program                                     program or activity
217.6(a)(3)(iii).....................  program                                     program or activity
217.8(a), second sentence............  programs and activities                     programs or activities
217.11(a)(3), last sentence..........  apprenticeship programs                     apprenticeships
217.11(b)(8).........................  social                                      those that are social or
                                                                                    recreational
217.11(b)(8).........................  programs
217.12(a)............................  program                                     program or activity
217.12(c), introductory text.........  program                                     program or activity
217.12(c)(1).........................  program                                     program or activity
217.14(b)............................  programs                                    program
217.22(b), last sentence.............  offer programs and activities to            serve
217.22(d)(3).........................  program accessibility                       accessibility under Sec.
                                                                                    217.22(a)
217.41...............................  programs and activities                     programs or activities
217.41...............................  or benefit from
217.43(a)............................  program or activity                         aid, benefits, or services
217.43(d)............................  programs and activities                     program or activity
217.44(a), second sentence...........  program of
217.44(c)............................  in its program
217.44(d)(1).........................  under the education program or activity
                                        operated by the recipient
217.47(a)(1), first sentence.........  programs and activities                     aid, benefits, or services
----------------------------------------------------------------------------------------------------------------

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

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

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

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


Sec. 218.02  To what programs or activities do these regulations apply?

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


Sec. 218.03  Definitions.

* * * * *
    (b) * * *
    (4) Program or activity means all of the operations of any entity 
described in paragraphs (b)(4)(i) through (iv) of this section, any 
part of which is extended Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (B) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in section 8801 of title 
20), system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (iv) Any other entity which is established by two or more of the 
entities described in paragraph (b)(4)(i), (ii), or (iii) of this 
section.

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

    15. The headings for appendices A, B, and C to part 218 are amended 
by removing the words ``Affected Programs'' and adding, in their place, 
the words ``Types of Federal Financial Assistance''.
    16. The undesignated center headings immediately following the 
headings for appendices A and B to part 218 are amended by removing the 
words ``Programs of'' and adding, in their place, the word ``Federal''.
    17. The undesignated center heading immediately following the 
heading for Appendix C to part 218 is amended by removing the words 
``Program of'' and adding, in their place, the word ``Federal''.
    18. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

[[Page 76489]]



----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
218.01, last sentence................  programs and activities                     programs or activities
218.02...............................  or benefits from
218.21...............................  programs and activities                     program or activities
218.34(a)(2), last sentence..........  program
218.36(c)(2).........................  Federal
218.39(b)(2).........................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------


    Dated: August 23, 2000.
Jessalyn L. Pendarvis,
Director, Office of Equal Opportunity Programs, Agency for 
International Development.

DEPARTMENT OF JUSTICE

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

RIN 1190-AA49

Authority and Issuance

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

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

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

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

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

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

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


Sec. 42.102  Definitions.

* * * * *
    (d) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (d)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (d)(1), (2), or (3) of this section.
* * * * *
    3. Section 42.104 is amended by revising paragraph (b)(4) to read 
as follows:


Sec. 42.104  Discrimination prohibited.

* * * * *
    (b) * * *
    (4) For the purposes of this section the disposition, services, 
financial aid, or benefits provided under a program receiving Federal 
financial assistance shall be deemed to include all portions of the 
recipient's program or activity, including facilities, equipment, or 
property provided with the aid of Federal financial assistance.
* * * * *
    4. Section 42.105 is amended by revising paragraph (b), paragraph 
(c)(2), and the heading of paragraph (d) to read as follows:


Sec. 42.105  Assurance required.

* * * * *
    (b) Assurances from government agencies. In the case of any 
application from any department, agency, or office of any State or 
local government for Federal financial assistance for any specified 
purpose, the assurance required by this section shall extend to any 
other department, agency, or office of the same governmental unit if 
the policies of such other department, agency, or office will 
substantially affect the project for which Federal financial assistance 
is requested.
    (c) * * *
    (2) The assurance required with respect to an academic institution, 
detention or correctional facility, or any other institution or 
facility, insofar as the assurance relates to the institution's 
practices with respect to admission or other treatment of individuals 
as students, patients, wards, inmates, persons subject to control, or 
clients of the institution or facility or to the opportunity to 
participate in the provision of services, disposition, treatment, or 
benefits to such individuals, shall be applicable to the entire 
institution or facility.
    (d) Continuing Federal financial assistance. * * *
* * * * *
    5. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
42.102(f)............................  for any program,
42.102(f)............................  under any such program
42.102(g)............................  for the purpose of carrying out a program
42.103, introductory text, second      under any such program
 sentence.
42.104(b)(1), introductory text......  under any program
42.105(a)(1), first sentence.........  to carry out a program
42.105(a)(1), fourth sentence........  for each program

[[Page 76490]]

 
42.105(a)(1), fourth sentence........  in the program
42.105(a)(2), first sentence.........  through a program of                        with
42.105(a)(2), second sentence........  under a program of                          with
42.105(a)(2), last sentence..........  program                                     statute
42.105(d), introductory text.........  administering a program which receives      applying for
42.106(b), last sentence.............  of any program under                        in
42.106(d)............................  program under which                         program for which
42.109(e), first sentence............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
42.110(f)............................  under the program involved                  to which this regulation
                                                                                    applies
42.110(f)............................  assistance will                             assistance to which this
                                                                                    regulation applies will
42.110(f)............................  under such program
----------------------------------------------------------------------------------------------------------------

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

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

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

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


Sec. 42.520  [Amended]

    8. The undesignated center heading immediately preceding 
Sec. 42.520 is amended by removing the word ``Program.''
    9. Section 42.521 is amended by revising the heading and first 
sentence of paragraph (a) to read as follows:


Sec. 42.521  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity to which this subpart applies so that when each part is viewed 
in its entirety it is readily accessible to and usable by handicapped 
persons. * * *
* * * * *
    10. Section 42.540 is amended by revising paragraph (h) to read as 
follows:


Sec. 42.540  Definitions.

* * * * *
    (h) Program or activity means all of the operations of any entity 
described in paragraphs (h) (1) through (4) of this section, any part 
of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *

Appendix A to Subpart 6 of Part 42  [Amended]

    11. The Note in appendix A to subpart G is amended by removing the 
word ``program'' and adding, in its place, the words ``program or 
activity.''
    12. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
42.501...............................  program                                     program or activity
42.502, first sentence...............  program                                     program or activity
42.502, first sentence...............  or benefiting from
42.502, last sentence................  program                                     program or activity
42.503(a)............................  program                                     program or activity
42.503(a)............................  or benefiting from
42.503(b)(1), introductory text......  program                                     program or activity
42.503(b)(1)(i)......................  program                                     program or activity
42.503(b)(1)(ii).....................  program                                     program or activity
42.503(b)(1)(iv).....................  program                                     program or activity
42.503(b)(1)(vi).....................  program                                     program or activity
42.503(b)(2).........................  program                                     program or activity
42.503(b)(2).........................  program                                     aid, benefits, or services
42.503(b)(3).........................  program                                     program or activity
42.503(b)(4).........................  program                                     program or activity
42.503(b)(5).........................  a program                                   aid, benefits, or services
42.503(b)(5).........................  any program                                 any program or activity
42.503(b)(6).........................  program                                     entity
42.503(c)............................  programs                                    aid, benefits, or services

[[Page 76491]]

 
42.503(d)............................  programs                                    programs or activities
42.503(f), first sentence............  program                                     program or activity
42.504(a), first sentence............  program                                     program or activity
42.504(a), second sentence...........  for each of its assistance programs
42.504(a), second sentence...........  program                                     program or activity
42.504(b)............................  program                                     program or activity
42.505(a), last sentence.............  program                                     program or activity
42.505(b)............................  program                                     program or activity
42.505(f)(1), second sentence........  programs                                    programs or activities
42.510(a)(1).........................  program                                     program or activity
42.510(a)(1).........................  or benefiting from
42.510(a)(2).........................  program                                     program or activity
42.510(a)(3), last sentence..........  apprenticeship programs                     apprenticeships
42.510(b)(7).........................  social                                      those that are social
42.510(b)(7).........................  programs
42.511(a)............................  program                                     program or activity
42.511(c), introductory text.........  program                                     program or activity
42.511(c)(1).........................  program                                     program or activity
42.520...............................  program                                     program or activity
42.521(b), first sentence............  in making its program accessible to its     in making its program or
                                        program accessible                          activity accessible
42.521(b), last sentence.............  offer programs to                           serve
42.521(b), last sentence.............  to obtain the full benefits of the program
42.521(d)(1).........................  program                                     program or activity
42.521(d)(3).........................  program accessibility                       accessibility underSec.
                                                                                    42.521(a)
42.530(a), first sentence............  programs                                    programs or activities
42.530(b)............................  programs                                    programs or activities
42.530(c)............................  programs                                    programs or activities
42.540(i), first sentence............  programs programs or                        activities
----------------------------------------------------------------------------------------------------------------

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

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

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

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

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


Sec. 42.702  Definitions.

* * * * *
    Program or activity means all of the operations of any entity 
described in paragraphs (1) through (4) of this definition, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
    16. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
42.701(b)............................  programs                                    programs or activities
42.710(b), last sentence.............  program                                     program or activity
42.712(a)(2).........................  program                                     program or activity
42.712(b)(2).........................  program                                     program or activity
42.712(c)............................  program                                     program or activity
42.713(b), last sentence.............  program                                     program or activity
42.714...............................  program                                     program or activity
42.720, first sentence...............  program                                     program or activity
42.724(b)............................  program                                     program or activity
42.725...............................  programs and activities                     programs or activities
42.733(b)(1)(i)(A)...................  program                                     program or activity
42.733(b)(2), last sentence..........  programs                                    programs or activities

[[Page 76492]]

 
42.733(b)(3), last sentence..........  program                                     program or activity
----------------------------------------------------------------------------------------------------------------


    Dated: October 31, 2000.
Janet Reno,
Attorney General.

DEPARTMENT OF LABOR

29 CFR Subtitle A

RIN 1291-AA31

Authority and Issuance

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

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

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

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

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


Sec. 31.2  Definitions.

* * * * *
    (g) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (g)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
    3. Section 31.3 is amended by revising the heading of paragraph 
(d)(1) to read as follows:


Sec. 31.3  General standards.

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


Sec. 31.6  Assurances required.

* * * * *
    (b) Continuing Federal financial assistance. * * *
    5. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
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 text........  under any program
31.3(d), introductory text, first      programs and activities                     types of Federal financial
 sentence.                                                                          assistance
31.3(d), introductory text third       particular program                          particular type of Federal
 sentence.                                                                          financial assistance
31.3(d), introductory text, last       listed program                              listed type of Federal
 sentence.                                                                          financial assistance
31.3(d), introductory text, last       that program                                that assistance
 sentence.
31.3(d), introductory text, last       other programs or activities                programs or activities
 sentence.                                                                          receiving other types of
                                                                                    Federal financial assistance
31.5(b), last sentence...............  of any program under                        in
31.5(d)..............................  under                                       for
31.6(a)(1), first sentence...........  to carry out a program
31.6(a)(1), first sentence...........  to carry out such program
31.6(a)(1), first sentence...........  except a program                            except an application
31.6(a)(1), second sentence..........  Every program                               Every award
31.6(a)(1), sixth sentence...........  for each program
31.6(a)(1), sixth sentence...........  in this program
31.6(a)(2), second sentence..........  under a program of                          with
31.6(a)(2), third sentence...........  program under                               statute under
31.6(b), introductory text...........  to carry out a program involving            for
31.9(e), first sentence..............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
31.10(e).............................  under the program involved                  to which this regulation
                                                                                    applies
31.10(e).............................  assistance will                             assistance to which this
                                                                                    regulation applies will
31.10(e).............................  under such program
31.12(a), first sentence.............  under such program
----------------------------------------------------------------------------------------------------------------


[[Page 76493]]

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

    6. The heading for part 32 is revised to read as set forth above.
    7. The authority citation for part 32 continues to read as follows:

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

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


Sec. 32.2  Application.

    (a) This part applies to each recipient of Federal financial 
assistance from the Department of Labor, and to every program or 
activity that receives such assistance.
* * * * *
    9. Section 32.3 is amended by adding, in alphabetical order, a 
definition of Program or activity to read as follows:


Sec. 32.3  Definitions.

* * * * *
    Program or activity means all of the operations of any entity 
described in paragraphs (1) through (4) of this definition, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
    10. Section 32.4 is amended by revising the heading of paragraph 
(c) to read as follows:


Sec. 32.4  Discrimination prohibited.

* * * * *
    (c) Aid, benefits, services, or training limited by Federal law. * 
* *
* * * * *
    11. Section 32.5 is amended by revising paragraph (d) to read as 
follows:


Sec. 32.5  Assurances required.

* * * * *
    (d) Interagency agreements. Where funds are granted by the 
Department to another Federal agency, and where the grant obligates the 
recipient agency to comply with the rules and regulations of the 
Department applicable to that grant the provisions of this part shall 
apply to programs or activities operated with such funds.
    12. The heading for subpart B is revised to read as follows:

Subpart B--Employment Practices and Employment Related Training 
Participation

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

Subpart C--Accessibility

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


Sec. 32.27  Accessibility.

    (a) Purpose. A recipient shall operate each program or activity to 
which this part applies so that when each part is viewed in its 
entirety it is readily accessible to qualified handicapped individuals. 
* * *
* * * * *
    15. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
32.1.................................  or benefiting from
32.1, last sentence..................  programs and activities                     programs or activities
32.3, definition of Facility.........  program                                     program or activity
32.3, definition of Qualified          program                                     program or activity
 handicapped individual, paragraph
 (b).
32.3, definition of Qualified          programs
 handicapped individual, paragraph
 (c).
32.3, definition of Qualified          in the program                              in the program or activity
 handicapped individual, paragraph
 (c).
32.3, definition of Reasonable         training program                            training
 accommodation, introductory text,
 first sentence.
32.3, definition of Reasonable         an employment                               employment
 accommodation, introductory text,
 first sentence.
32.3, definition of Reasonable         recipient's program                         recipient's program or
 accommodation, introductory text,                                                  activity
 first sentence.
32.3, definition of Reasonable         where the program                           where the program or activity
 accommodation paragraph (a).
32.4(a)..............................  or benefits from
32.4(b)(1)(v)........................  program                                     program or activity
32.4(b)(2)...........................  services and training                       services or training
32.4(b)(3)...........................  programs or activities                      aid, benefits, services, or
                                                                                    training
32.4(b)(4)(ii).......................  program                                     program or activity

[[Page 76494]]

 
32.4(b)(5)(i)........................  or benefits from
32.4(b)(6)...........................  or benefiting from
32.4(b)(7)(i), first sentence........  under programs of                           receiving
32.4(b)(7)(i), second sentence.......  programs of employment                      employment
32.4(c)..............................  the benefits of a program                   aid, benefits, program
                                                                                    services, or training
32.4(c)..............................  individuals from a program                  individuals from aid,
                                                                                    benefits, services, or
                                                                                    training
32.4(d)..............................  programs and activities                     programs or activities
32.5(a), first sentence..............  for a program or activity
32.5(a), first sentence..............  program will                                program or activity will
32.5(b)(3)...........................  program                                     program or activity
32.6(a)(3)(i)........................  program                                     program or activity
32.6(a)(3)(ii).......................  program                                     program or activity
32.8(a), second sentence.............  programs and activities                     programs or activities
32.10(a).............................  programs                                    programs or activities
32.12(a)(1), last sentence...........  programs                                    under programs or activities
32.12(a)(3), last sentence...........  apprenticeship programs                     apprenticeships
32.12(b)(8)..........................  social                                      those that are social
32.12(b)(8)..........................  programs
32.13(a).............................  program                                     program or activity
32.13(b), introductory text..........  program                                     program or activity
32.13(b)(1)..........................  program                                     program or activity
32.13(b)(2)..........................  training program                            training
32.13(d).............................  program                                     program or activity
32.15(c)(1), second sentence.........  training programs                           training
32.17(a), last sentence..............  programs of                                 programs or activities
                                                                                    receiving
32.27(a), third sentence.............  particular program                          particular aid, benefit,
                                                                                    service, or training
32.27(a), third sentence.............  program must                                aid, benefit, service, or
                                                                                    training must
32.27(a), fourth sentence............  program accessibility                       Accessibility
32.27(a), fourth sentence............  program accessible                          program or activity
                                                                                    accessible
32.27(b)(1)..........................  including                                   including those involving
32.27(b)(1)..........................  when                                        when each part is
32.27(b)(2), second sentence.........  programs
32.27(c), last sentence..............  offer programs and activities to            serve
32.27(e)(3)..........................  program accessibility                       accessibility under Sec.
                                                                                    32.27(a)
32.44(b), second sentence............  programs                                    programs or activities
32.44(b), last sentence..............  of any program under                        in
32.46(c)(2), last sentence...........  program                                     program or activity
32.47(c).............................  programs                                    programs or activities
----------------------------------------------------------------------------------------------------------------


Alexis M. Herman,
Secretary, Department of Labor.

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Chapter I

RIN 2900-AK13

Authority and Issuance

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

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

Subpart A--General

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

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

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


Sec. 18.4  Assurances required.

* * * * *
    (b) Continuing Federal financial assistance. * * *
* * * * *
    (d) Extent of application to institution or facility. In the case 
where any assurances are required from an academic, a medical care, or 
any other institution or facility, insofar as the assurances relate to 
the institution's practices with respect to the admission, care, or 
other treatment of persons by the institution or with respect to the 
opportunity of persons to participate in the receiving or providing of 
services, treatment, or benefits, such assurances shall be applicable 
to the entire institution or facility.
    3. Section 18.13 is amended by revising paragraph (f) to read as 
follows:


Sec. 18.13  Definitions.

* * * * *
    (f) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (f)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or

[[Page 76495]]

    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
    4. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
18.2, first sentence.................  the federally assisted programs and         the types of Federal
                                        activities                                  financial assistance
18.2, second sentence................  under any such program
18.2(b)..............................  under any such program
18.2(c)..............................  under any such program
18.2, penultimate sentence...........  program or activity                         type of Federal financial
                                                                                    assistance
18.2, penultimate sentence...........  such program                                a program
18.2, last sentence..................  programs                                    types of Federal financial
                                                                                    assistance
18.3(b)(1), introductory text........  under any program
18.4(a)(1), first sentence...........  to carry out a program
18.4(a)(1), first sentence...........  except a program                            except an application
18.4(a)(1), second sentence..........  program                                     award
18.4(a)(1), sixth sentence...........  for each program,
18.4(a)(1), sixth sentence...........  in the program
18.4(b), introductory text, first      to carry out a program involving            for
 sentence.
18.4(b), introductory text, first      programs                                    types of Federal financial
 sentence.                                                                          assistance
18.4(b), concluding text.............  Under a continuing program
18.6(b), second sentence.............  of any program under                        in
18.6(d)..............................  program under                               program for
18.9(e), first sentence..............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
18.10(f).............................  under the program involved                  to which this regulation
                                                                                    applies
18.10(f).............................  assistance will                             assistance to which this
                                                                                    regulation applies will
18.10(f).............................  under such program
18.12(a), first sentence.............  under such program
18.13(h).............................  for any program,
18.13(h).............................  under any such program
----------------------------------------------------------------------------------------------------------------

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

Subpart D--Nondiscrimination on the Basis of Handicap

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

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

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


Sec. 18.403  Definitions.

* * * * *
    (m) Program or activity means all of the operations of any entity 
described in paragraphs (m)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity that is established by two or more of the 
entities described in paragraph (m)(1), (2), or (3) of this section.


Sec. 18.404  [Amended]

    8. In Sec. 18.404, the heading of paragraph (c) is amended by 
removing the word ``Programs'' and adding, in its place, the words 
``Aid, benefits, or services''.
    9. Section 18.405 is amended by revising paragraph (c) to read as 
follows:


Sec. 18.405  Assurances required.

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


Sec. 18.421  [Amended]

    10. The undesignated center heading before Sec. 18.421 is amended 
by removing the word ``Program''.
    11. In Sec. 18.422, the heading and first sentence of paragraph (a) 
are revised to read as follows:


Sec. 18.422  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. * * *
* * * * *

[[Page 76496]]

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


Sec. 18.438  Adult education.

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


Sec. 18.439  Private education.

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
18.402...............................  or benefits from
18.403(h)(1).........................  a program of
18.404(a)............................  or benefits from
18.404(b)(1)(v)......................  program                                     program or activity
18.404(b)(3).........................  programs or activities                      aid, benefits, or services
18.404(b)(4)(ii).....................  program                                     program or activity
18.404(b)(5)(i)......................  or benefits from
18.404(b)(6).........................  or benefiting from
18.404(c)............................  a program                                   aid, benefits, or services
18.405(a)............................  for a program or activity
18.405(a)............................  the program                                 the program or activity
18.406(a)(3)(i)......................  program                                     program or activity
18.406(a)(3)(ii).....................  program                                     program or activity
18.406(a)(3)(iii)....................  program                                     program or activity
18.408(a), second sentence...........  programs and activities                     programs or activities
18.411(a)(3), last sentence..........  apprenticeship programs                     apprenticeships
18.411(b)(8).........................  social                                      those that are social
18.411(b)(8).........................  programs
18.412(a)............................  program                                     program or activity
18.412(c), introductory text.........  program                                     program or activity
18.412(c)(1).........................  program                                     program or activity
18.422(b), last sentence.............  offer programs and activities to            serve
18.422(c), last sentence.............  programs                                    programs or activities
18.422(e)(3).........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
18.431...............................  programs and activities                     programs or activities
18.431...............................  or benefit from
18.433(b)(2).........................  individualized education program            Individualized Education
                                                                                    Program
18.433(b)(3), first sentence.........  in
18.433(b)(3), first sentence.........  to a program                                for aid, benefits, or
                                                                                    services
18.433(b)(3), first sentence.........  the one                                     those
18.433(b)(3), first sentence.........  operates                                    operates or provides
18.433(c)(1), second sentence........  in
18.433(c)(1), second sentence........  to a program                                for aid, benefits, or
                                                                                    services
18.433(c)(1), second sentence........  operated                                    operated or provided
18.433(c)(1), second sentence........  the program                                 the aid, benefits, or
                                                                                    services
18.433(c)(2).........................  in
18.433(c)(2).........................  to a program                                for aid, benefits, or
                                                                                    services
18.433(c)(2).........................  operated                                    operated or provided
18.433(c)(2).........................  the program                                 the aid, benefits, or
                                                                                    services
18.433(c)(4), last sentence..........  such a program                              a free appropriate public
                                                                                    education
18.435(a)............................  education program                           education program or activity
18.435(a)............................  in a regular or special program             in regular or program special
                                                                                    education
18.435(b), introductory text.........  programs and activities                     programs or activities
18.435(b), introductory text.........  or benefit from
18.437(a)(1).........................  or benefit from
18.437(b)............................  or benefit from
18.437(c)(1), first sentence.........  programs and activities                     aid, benefits, or services
18.437(c)(1), first sentence.........  or benefits from
18.437(c)(1), last sentence..........  in these activities
18.438, first sentence...............  operates an                                 provides
18.438, first sentence...............  program or activity
18.438, first sentence...............  from the program or activity
18.438, last sentence................  under the program or activity
18.439(a)............................  operates a                                  provides
18.439(a)............................  education program                           education
18.439(a)............................  from that program
18.439(a)............................  the recipient's program                     that recipient's program or
                                                                                    activity
18.439(c)............................  operates                                    provides
18.439(c)............................  programs shall operate those programs       shall do so
18.441...............................  programs and activities                     programs or activities
18.441...............................  or benefit from
18.443(a)............................  program or activity                         aid, benefits, or services
18.443(d)............................  programs and activities                     program or activity
18.444(a), last sentence.............  program of
18.444(c)............................  in its program
18.444(d)(1).........................  under the education program or activity
                                        operated by the recipient

[[Page 76497]]

 
18.447(a)(1), first sentence.........  programs and activities                     aid, benefits, or services
18.451...............................  programs and activities                     programs or activities
18.451...............................  or benefit from
18.454, first sentence...............  program or activity                         program or activity that
                                                                                    provides aid, benefits, or
                                                                                    services
----------------------------------------------------------------------------------------------------------------

Subpart E--Nondiscrimination on the Basis of Age

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

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

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


Sec. 18.503  Definitions.

* * * * *
    (j) Program or activity means all of the operations of any entity 
described in paragraphs (j)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity that is established by two or more of the 
entities described in paragraph (j)(1), (2), or (3) of this section.

Appendix B to Subpart E to Part 18  [Amended]

    17. The heading for appendix B to subpart E to part 18 is amended 
by removing the word ``Programs''.
    18. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
18.501, last sentence................  programs and activities                     programs or activities
18.531...............................  programs and activities                     programs or activities
18.532...............................  programs and activities                     programs or activities
18.544(a)(2), last sentence..........  program
18.546(b), first sentence............  program and activity                        program or activity
18.546(c)(2), first sentence.........  Federal
18.549(b)(2).........................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------


    Dated: August 14, 2000.
Hershel W. Gober,
Acting Secretary, Department of Veterans Affairs.

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I 

RIN 2020-AA43

Authority and Issuance

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

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

    1. The heading for part 7 is revised to read as set forth above.
    2. The authority citation for part 7 is revised to read as follows:

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

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


Sec. 7.25  Definitions.

* * * * *
    Program or activity and program mean all of the operations of any 
entity described in paragraphs (1) through (4) of this definition, any 
part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or

[[Page 76498]]

    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (1), (2), or (3) of this definition.


Sec. 7.55  [Amended]

    4. The heading for Sec. 7.55 is amended by removing the word 
``programs'' and adding, in its place, the words, ``aid, benefits, or 
services''.
    5. In Sec. 7.65, the first sentence of paragraph (a) introductory 
text and the heading for paragraph (b) are revised to read as follows:


Sec. 7.65  Accessibility.

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

Appendix A to Part 7  [Amended]

    6. The heading for appendix A to part 7 is amended by removing the 
word ``Programs'' and inserting the words ``Types of'' immediately 
before the word ``EPA''.
    7. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
7.20(a)..............................  compliance programs                         means of ensuring compliance
7.25, undesignated definition of        program
 Project Officer.
7.35(a)(1)...........................  program                                     program or activity
7.35(a)(2)...........................  program                                     program or activity
7.35(a)(3)...........................  program                                     program or activity
7.35(a)(4)...........................  program                                     program or activity
7.35(a)(5)...........................  program                                     program or activity
7.35(a)(6)...........................  any program                                 any program or activity
7.35(a)(6)...........................  the EPA assistance program                  EPA assistance
7.35(b)..............................  program                                     program or activity
7.35(c)..............................  program                                     program or activity
7.50(a)(1)...........................  program                                     program or activity
7.50(a)(3)...........................  program                                     program or activity
7.50(a)(5)...........................  program                                     program or activity
7.50(b)..............................   or benefits from
7.50(e)..............................  programs                                    aid, benefits, or services
7.55.................................  program                                     program or activity
7.55.................................  programs                                    programs or activities
7.60(a)..............................   or benefits from
7.60(c)(8)...........................  social                                      those that are social
7.60(c)(8)...........................   programs
7.60(d)..............................  apprenticeship programs                     apprenticeships
7.60(e)..............................  program                                     program or activity
7.65(b)..............................  offer program benefits to                   serve
7.65(c)(2) first sentence,...........  make a program or activity accessible       comply with paragraph (a) of
                                                                                    this section
7.65(d)..............................   assisted program
7.65(e), last sentence...............  program                                     statute
7.75, introductory text..............  program                                     program or activity
7.75(a)(3)...........................  program accessibility                       accessibility under Sec.
                                                                                    7.65(a)
7.85(b), first sentence..............  programs                                    programs or activities
7.95(a), first sentence..............  programs                                    programs or activities
7.130(b)(4)..........................  program                                     program or activity
----------------------------------------------------------------------------------------------------------------


    Dated: October 16, 2000.
Carol M. Browner,
Administrator, Environmental Protection Agency.

GENERAL SERVICES ADMINISTRATION

41 CFR Chapter 101 

RIN 3090-AH33

Authority and Issuance

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

PART 101-6--MISCELLANEOUS REGULATIONS

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

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

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

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


Sec. 101-6.204-3  Special benefits.

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


Sec. 101-6.205-2  Continuing Federal financial assistance.

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


Sec. 101-6.205-4  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

[[Page 76499]]

such individuals, shall be applicable to the entire institution.
* * * * *
    5. Section 101-6.216 is amended by revising paragraph (f) to read 
as follows:


Sec. 101-6.216  Definitions.

* * * * *
    (f) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (f)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2) (i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3) (i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of nay other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *
    6. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
101-6.201............................  52                                          42
101-6.201............................  2000d--2000d-4                              2000d--2000d-7
101-6.203(a), last sentence..........   programs involving
101-6.203(b).........................   the programs involving
101-6.203(c).........................  programs                                    types of Federal financial
                                                                                    assistance
101-6.204-2 (a)(4), first sentence...  the program                                 a program
101-6.204-3..........................  the benefits of a program                   benefits
101-6.205-1(a), first sentence.......   to carry out a program
101-6.205-1(a), first sentence.......  except a program                            except an application
101-6.205-1(a), fifth sentence.......   for each program
101-6.205-1(a), fifth sentence.......   in the program
101-6.205-1(b), second sentence......  under a program of                          with
101-6.205-1(b), third sentence.......  program                                     statute
101-6.205-1(d).......................  programs                                    Federal financial assistance
101-6.205-2..........................  to carry out a program involving            for
101-6.205-4(c).......................   under a program
101-6.206(b), second sentence........   except as provided in paragraph (b) of
                                        Sec.  101-6.205-4
101-6.206(d).........................   subject to the provisions of Sec.  101-
                                        6.205-4(b)
101-6.209-2, last sentence...........  of any program under                        in
101-6.209-4..........................  program under                               program for
101-6.212-5, first sentence..........  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
101-6.213-6..........................  under the program involved                  to which this regulation
                                                                                    applies
101-6.213-6..........................  assistance will                             assistance to which this
                                                                                    regulation applies will
101-6.213-6..........................   under such program
101-6.215-1, introductory text, first   under such program
 sentence.
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
----------------------------------------------------------------------------------------------------------------

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

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

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

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


Sec. 101-8.301  Definitions.

* * * * *
    (f) The term program or activity means all of the operations of any 
entity described in paragraphs (f)(1) through (4) of this section, any 
part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private

[[Page 76500]]

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.
    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:


Sec. 101-8.309  Accessibility.

* * * * *
    (b) Accessibility. A recipient shall operate any program or 
activity to which this subpart applies so that when each part is viewed 
in its entirety it is readily accessible to and usable by handicapped 
persons. * * *
* * * * *
    10. Section 101-8.311 is amended by revising the section heading 
and the heading and the first sentence of the introductory text of 
paragraph (b)(1) to read as follows:


Sec. 101-8.311  Historic Preservation Programs.

* * * * *
    (b) * * * (1) Accessibility. A recipient shall operate any program 
or activity involving Historic Preservation Programs so that when each 
part is viewed in its entirety it is readily accessible to and usable 
by handicapped persons. * * *
* * * * *
    11. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
101-8.300(b).........................  or benefits from
101-8.302............................  or benefits from
101-8.303(a)(5)......................  program                                     program or activity
101-8.303(c).........................  programs or activities                      aid, benefits, or services
101-8.303(d)(2)......................  program                                     program or activity
101-8.303(f).........................  or benefitting from
101-8.303(g).........................  the benefits of a program                   aid, benefits, or services
101-8.303(g).........................  from a program                              from aid, benefits, or
                                                                                    services
101-8.303(d), first sentence.........  programs and activities                     programs or activities
101-8.305(c), last sentence..........  apprenticeship programs                     apprenticeships
101-8.305(d)(8)......................  social                                      those that are social
101-8.305(d)(8)......................  programs
101-8.306(a).........................  program                                     program or activity
101-8.306(c), introductory text......  program                                     program or activity
101-8.306(c)(1)......................  program                                     program or activity
101-8.309(a).........................  or benefits from
101-8.309(c), last sentence..........  offer programs and activities to            serve
101-8.309(f)(3)......................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
101-8.311(a), introductory text......  the term
101-8.311(a)(1)......................  preservation programs                       Preservation Programs
101-8.311(a)(1)......................  means programs receiving                    are those that receive
101-8.311(b)(1), introductory text,    program
 last sentence.
101-8.311(b)(1)(iv)..................  program accessibility                       accessibility
101-8.311(b)(1), concluding paragraph  historic preservation program               Historic Preservation Program
101-8.311(b)(1), concluding paragraph  program accessibility                       accessibility
101-8.311(b)(2), introductory text...  program
101-8.311(b)(2)(iii).................  program                                     program or activity
----------------------------------------------------------------------------------------------------------------

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

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

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

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


Sec. 101-8.703  Definitions of terms.

* * * * *
    (k) Program or activity means all of the operations of any entity 
described in paragraphs (k)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a state or of a local government;
    (ii) The entity of such state and local government that distributes 
such assistance and each such department or agency (and each other 
state or local government entity) to which the assistance is extended, 
in the case of assistance to a state or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (k)(1), (2), or (3) of this section.
* * * * *

[[Page 76501]]

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
101-8.701, last sentence.............  Federal financial assistance                Federally assisted
101-8.701, last sentence.............  programs and activities                     programs or activities
101-8.702(a).........................  that benefits from GSA Federal financial
                                        assistance
101-8.703(g)(2)......................  program                                     policy
101-8.703(j).........................  for the purpose of carrying out a program
101-8.703(l).........................  for any program
101-8.703(l).........................  under any such program
101-8.709............................  program                                     program or activity
101-8.710, first sentence............  program                                     program or activity
101-8.710, second sentence...........  programs
101-8.710, second sentence...........  provide provides
101-8.710, last sentence.............  ``Child Care Center'' program               Child Care Center Program
101-8.710, last sentence.............  two programs                                two types of Federal
                                                                                    financial assistance
101-8.711, first sentence............  programs and activities                     programs or activities
101-8.712(b).........................  program
101-8.718(a), third sentence.........  program
101-8.720(b), first sentence.........  program and activity                        program or activity
101-8.720(c)(2), first sentence......  Federal
101-8.721(e), first sentence.........  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
101-8.725(b).........................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------


    Dated: August 22, 2000.
Thurman M. Davis, Sr.,
Deputy Administrator, General Services Administration.

DEPARTMENT OF THE INTERIOR

43 CFR Subtitle A

RIN 1090-AA77

Authority and Issuance

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

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

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

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

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

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


Sec. 17.3  Discrimination prohibited.

* * * * *
    (d) Benefits for Indians, natives of certain territories, and 
Alaska natives. * * *
    3. Section 17.4 is amended by revising the heading of paragraph (b) 
and paragraph (d)(2) to read as follows:


Sec. 17.4  Assurances required.

* * * * *
    (b) Continuing Federal financial assistance. * * *
* * * * *
    (d) * * *
    (2) The assurance required with respect to an institution of higher 
education, or any other institution, insofar as the assurance relates 
to the institution's practices with respect to admission or other 
treatment of individuals as students, or clients of the institution or 
to the opportunity to participate in the provision of services or other 
benefits to such individuals, shall be applicable to the entire 
institution.
    4. Section 17.12 is amended by revising paragraph (f) to read as 
follows:


Sec. 17.12  Definitions.

* * * * *
    (f) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (f)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (f)(1), (2), or (3) of this section.
* * * * *

Appendix B to Subpart A  [Amended]

    5. The introductory text for appendix B to subpart A is amended by 
removing the word ``programs'' and adding, in its place, the words 
``Federal financial assistance.''
    6. In the table below, for each section indicated in the left 
column, remove the

[[Page 76502]]

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
17.2(a), second sentence.............  under any such program
17.2(a)(2)...........................  under any such program
17.2(a)(3)...........................  under any such program
17.3(b)(1), introductory text........  under any program
17.3(c)(1), first sentence...........  a program of                                the
17.3(c)(1), first sentence...........  assistance                                  assistance to a program
17.3(d), first sentence..............  the benefits of a program                   benefits
17.3(d), first sentence..............  is limited                                  are limited
17.3(d), first sentence..............  the program is addressed                    the benefits are addressed
17.3(d), last sentence...............  programs                                    benefits
17.4(a)(1), first sentence...........  to carry out a program
17.4(a)(1), first sentence...........  except a program                            except an application
17.4(a)(1), second sentence..........  program of                                  award of
17.4(a)(1), sixth sentence...........  for each program,
17.4(a)(1), sixth sentence...........  in the program
17.4(a)(2), second sentence..........  under a program of                          with
17.4(a)(2), third sentence...........  program                                     statute
17.4(b)(1), introductory text........  to carry out a program involving            for
17.4(d)(1)...........................  a student assistance program                student assistance
17.5(b), last sentence...............  of any program under                        in
17.5(d)..............................  program under which                         program for which
17.8(e), first sentence..............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
17.9(g)..............................  under the program involved                  to which this regulation
                                                                                    applies
17.9(g)..............................  assistance will                             assistance to which this
                                                                                    regulation applies will
17.9(g)..............................  under such program
17.11(a), first sentence.............  under such program
17.12(h).............................  for any program,
17.12(h).............................  under such program
17.12(i).............................  for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------

Subpart B--Nondiscrimination on the Basis of Handicap

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

    Authority: 29 U.S.C. 794.

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


Sec. 17.202  Definitions.

* * * * *
    (q) Program or activity means all of the operations of any entity 
described in paragraphs (q)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (q)(1), (2), or (3) of this section.
    9. Section 17.203 is amended by revising the heading of paragraph 
(c) to read as follows:


Sec. 17.203  Discrimination prohibited.

* * * * *
    (c) Aid, benefits, or services limited by Federal law. * * *
* * * * *
    10. The heading for Sec. 17.216 is revised to read as follows:


Sec. 17.216  Accessibility.

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


Sec. 17.217  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity so that when each part is viewed in its entirety it is readily 
accessible to and usable by handicapped persons. * * *
* * * * *
    12. Section 17.260 is amended by revising the section heading, the 
introductory text of paragraph (a), and the first sentence of paragraph 
(b)(1) introductory text to read as follows:


Sec. 17.260  Historic Preservation Programs.

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

[[Page 76503]]

    (1) A recipient shall operate any program or activity involving 
Historic Preservation Programs so that when each part is viewed in its 
entirety it is readily accessible to and usable by handicapped persons. 
* * *
* * * * *
    13. The section heading and the introductory text of Sec. 17.270 
are revised to read as follows:


Sec. 17.270  Recreation.

    This section applies to recipients that operate, or that receive 
Federal financial assistance for the operation of programs or 
activities involving recreation.
* * * * *
    14. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
17.201...............................  or benefits from
17.202(i)............................  recreation and program spaces               spaces, including those used
                                                                                    for recreation,
17.202(m)............................  programs                                    the recipient
17.202(m)............................  should be available                         should make its aid,
                                                                                    benefits, or services
                                                                                    available
17.202(n)............................  programs                                    programs or activities
17.203(a)............................  or benefits from
17.203(b)(1)(v)......................  program                                     program or activity
17.203(b)(3).........................  programs or activities                      aid, benefits, or services
17.203(b)(4)(ii).....................  program                                     program or activity
17.203(b)(5)(i)......................  or benefits from
17.203(b)(6).........................  or benefiting from
17.203(c)............................  the benefits of a program                   aid, benefits, or services
17.203(c)............................  from a program                              from aid, benefits, or
                                                                                    services
17.204(a), first sentence............  for a program or activity
17.204(a), first sentence............  the program                                 the program or activity
17.204(c)(4), first sentence.........  to carry out a program involving            for
17.204(c)(4)(i)......................  program                                     program or activity
17.204(c)(4)(ii).....................  the program                                 the program or activity
17.204(c)(4)(ii).....................  under such program
17.205(a)(3)(i)......................  program                                     program or activity
17.205(a)(3)(ii).....................  program                                     program or activity
17.207(a), second sentence...........  programs and activities                     programs or activities
17.210(a)(2).........................  programs                                    programs or activities
17.210(a)(4), last sentence..........  apprenticeship programs                     apprenticeships
17.210(b)(8).........................  social                                      those that are social
17.210(b)(8).........................  programs
17.211(a)............................  program                                     program or activity
17.211(c), introductory text.........  program                                     program or activity
17.211(c)(1).........................  program                                     program or activity
17.217(b), last sentence.............  offer programs and activities to            serve
17.217(e)(3).........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
17.220, first sentence...............  programs and activities                     programs or activities
17.220, first sentence...............  or benefit from
17.232, first sentence...............  programs and activities                     programs or activities
17.232, first sentence...............  or benefit from
17.250, introductory text............  programs and activities                     programs or activities
17.250, introductory text............  or benefit from
17.252, first sentence...............  activity for                                activity that provides aid,
                                                                                    benefits, or services for
17.260(b)(1), introductory text, last  program
 sentence.
17.260(b)(1)(iv).....................  program
17.260(b)(1), concluding text........  historic preservation program               Historic Preservation Program
17.260(b)(1), concluding text........  program accessibility                       accessibility
17.260(b)(2), introductory text,       program
 first sentence.
17.260(b)(2), introductory text, last  program
 sentence.
17.260(b)(2)(iii)....................  program                                     program or activity
17.270(a)(1).........................  programs                                    aid, benefits, or services
17.270(a)(2).........................  programs or activities                      aid, benefits, or services
17.270(a)(5).........................  program or activity                         aid, benefits, or services
----------------------------------------------------------------------------------------------------------------

Subpart C--Nondiscrimination on the Basis of Age

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

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

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


Sec. 17.302  To what programs or activities do these regulations apply?

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


Sec. 17.303  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

[[Page 76504]]

    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (j)(1), (2), or (3) of this section.
* * * * *
    18. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
17.300, first sentence...............  programs and activities                     programs or activities
17.300, last sentence................  programs and activities                     programs or activities
17.301, last sentence................  programs and activities                     programs or activities
17.302(a)............................  or benefits from
17.313...............................  program                                     program or activity
17.314...............................  program                                     program or activity
17.320, first sentence...............  programs and activities                     programs or activities
17.321(b)............................  program
17.333(a)(2), last sentence..........  program
17.335(c)(2), first sentence.........  Federal
17.338(b)(2).........................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------


    Dated: September 11, 2000.
John Berry,
Assistant Secretary--Policy, Management, and Budget, Department of the 
Interior.

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Chapter I

RIN 3067-AD14

Authority and Issuance

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

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

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

Subpart A--Nondiscrimination in FEMA-Assisted Programs--General

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

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

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


Sec. 7.2  Definitions.

* * * * *
    (d) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (d)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (d)(1), (2), or (3) of this section.
* * * * *
    4. Section 7.3 is revised to read as follows:


Sec. 7.3  Application of this regulation.

    No person in the United States shall, on the ground of race, color, 
or national origin, be excluded from participation in, be denied the 
benefits of, or be otherwise subjected to discrimination under any 
program to which this regulation applies.
    5. Section 7.9 is amended by revising paragraph (b) to read as 
follows:


Sec. 7.9  Assurances from institutions.

* * * * *
    (b) The assurances required with respect to an institution of 
higher education, hospital, or any other institution, insofar as the 
assurance relates to the institution's practices with respect to 
admission or other treatment of individuals as students, patients, or 
clients of the institutions or to the opportunity to participate in the 
provision of services or other benefits to such individuals, shall be 
applicable to the entire institution.
    6. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

[[Page 76505]]



----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
7.2(f)...............................  for any program,
7.2(f)...............................  under any such program
7.2(g)...............................  for the purpose of carrying out a program
7.4, second sentence.................  under any such program
7.4(b)...............................  under any such program
7.4(c)...............................  under any such program
7.5(a), introductory text............  under any program
7.7, first sentence..................  to carry out a program
7.7, fifth sentence..................  for each program,
7.7, fifth sentence..................  in the program
7.10(b), last sentence...............  of any program under                        in
7.10(d)..............................  program under which                         program for which
7.13(e), first sentence..............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
7.14(f)..............................  under the program involved                  to which this regulation
                                                                                    applies
7.14(f)..............................  assistance will                             assistance to which this
                                                                                    regulation applies will
7.14(f)..............................  under such program
7.16(a), first sentence..............  under such program
----------------------------------------------------------------------------------------------------------------

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

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

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

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

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


Sec. 7.912  To what programs or activities does this regulation apply?

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


Sec. 7.913  Definition of terms used in this regulation.

* * * * *
    Program or activity means all of the operations of any entity 
described in paragraphs (1) through (4) of this definition, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
    11. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
7.910................................  programs and activities                     programs or activities
7.911, last sentence.................  programs, activities                        programs or activities
7.912(a).............................  or benefits from
7.925................................  program                                     program or activity
7.926................................  program                                     program or activity
7.930, first sentence................  programs and activities                     programs or activities
7.931(b).............................  program
7.943(a)(2), last sentence...........  program
7.945(b), first sentence.............  program and activity                        program or activity
7.945(c)(2), first sentence..........  Federal
7.948(b)(2)..........................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------



[[Page 76506]]

Pauline C. Campbell,
Director, Office of Equal Rights, Federal Emergency Management Agency.

NATIONAL SCIENCE FOUNDATION

45 CFR Chapter VI

RIN 3145-AA38

Authority and Issuance

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

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

    1. The heading for part 605 is revised to read as set forth above.
    2. The authority citation for part 605 continues to read as 
follows:

    Authority:  29 U.S.C. 794.

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


Sec. 605.3  Definitions.

* * * * *
    (m) Program or activity means all of the operations of any entity 
described in paragraphs (m)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (m)(1), (2), or (3) of this section.


Sec. 605.4  [Amended]

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

Subpart C to Part 605  [Amended]

    5. The heading for subpart C is amended by removing the word 
``Program''.
    6. In Sec. 605.22, the heading and first sentence of paragraph (a) 
are revised to read as follows:


Sec. 605.22  Existing facilities.

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


Sec. 605.38  [Amended]

    7. The heading for Sec. 605.38 is amended by removing the word 
``programs''.


Sec. 605.39  [Amended]

    8. The heading for Sec. 605.39 is amended by removing the word 
``programs''.
    9. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
605.0, first sentence................  programs and activities                     programs or activities
605.2................................  or benefits from
605.3(k)(5), second sentence.........  programs                                    aid, benefits, or services
605.3(k)(5), third sentence..........  program
605.4(a).............................  or benefits from
605.4(b)(1)(v).......................  recipients program                          recipient's program or
                                                                                    activity
605.4(b)(3)..........................  programs or activities                      aid, benefits, or services
605.4(b)(4)(ii)......................  program                                     program or activity
605.4(b)(5)(i).......................  or benefits from
605.4(b)(6)..........................  or benefiting from
605.4(c).............................  the benefits of a program                   aid, benefits, or services
605.4(c).............................  from a program                              from aid, benefits or
                                                                                    services
605.5(a).............................  under a program or activity
605.5(a).............................  programs                                    programs or activities
605.6(a)(3)(i).......................  program                                     program or activity
605.6(a)(3)(ii)......................  program                                     program or activity
605.8(a), second sentence............  programs and activities                     programs or activities
605.11(a)(2).........................  programs                                    programs or activities
605.11(a)(4), last sentence..........  apprenticeship programs                     apprenticeships
605.11(b)(8).........................  social                                      those that are social
605.11(b)(8).........................  programs
605.12(a)............................  program                                     program or activity
605.12(c), introductory text.........  program                                     program or activity
605.12(c)(1).........................  program                                     program or activity
605.22(b), last sentence.............  offer programs and activities to            serve
605.22(e)(3).........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
605.31...............................  programs and activities                     programs or activities
605.31...............................  or benefit from
605.33(b)(2).........................  individualized education program            Individualized Education
                                                                                    Program

[[Page 76507]]

 
605.33(b)(3), first sentence.........  in
605.33(b)(3), first sentence.........  to a program                                for aid, benefits, or
                                                                                    services
605.33(b)(3), first sentence.........  the one                                     those
605.33(b)(3), first sentence.........  operates                                    operates or provides
605.33(c)(1), second sentence........  in
605.33(c)(1), second sentence........  to a program                                for aid, benefits, or
                                                                                    services
605.33(c)(1), second sentence........  operated                                    operated or provided
605.33(c)(1), second sentence........  program                                     aid, benefits, or services
605.33(c)(2).........................  person in                                   person
605.33(c)(2).........................  to a program                                for aid, benefits, or
                                                                                    services
605.33(c)(2).........................  operated                                    operated or provided
605.33(c)(2).........................  the program                                 the aid, benefits, or
                                                                                    services
605.33(c)(3).........................  placement in
605.33(c)(3).........................  program                                     placement
605.33(c)(4), last sentence..........  such a program                              a free appropriate public
                                                                                    education
605.35(a)............................  program                                     program or activity
605.35(a)............................  a regular or special education program      regular or special education
605.37(c)(1), first sentence.........  programs and activities                     aid, benefits, or first
                                                                                    sentence services
605.37(c)(1), last sentence..........  in these activities
605.38...............................  operates a                                  provides
605.38...............................  day care program or activity                day care
605.38...............................  an adult education program or activity      adult education
605.38...............................  from the program or activity
605.38...............................  under the program or activity
605.39(a)............................  operates a                                  provides
605.39(a)............................  education program                           education
605.39(a)............................  from such program
605.39(a)............................  the recipient's program                     that recipient's program or
                                                                                    activity
605.39(c), first sentence............  operates                                    provides
605.39(c), first sentence............  programs shall operate such programs        shall do so
605.41...............................  programs and activities                     programs or activities
605.41...............................  or benefit from
605.43(a)............................  program or activity                         aid, benefits, or services
605.43(d)............................  programs and activities                     program or activity
605.44(a), second sentence...........  program of
605.44(c)............................  in its program
605.47(a)(1), first sentence.........  programs and activities                     aid, benefits, or services
605.51...............................  programs and activities                     programs or activities
605.51...............................  or benefit from
605.54, first sentence...............  activity for                                activity that provides aid,
                                                                                    benefits, or services for
----------------------------------------------------------------------------------------------------------------

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

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

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

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


Sec. 611.4  Assurances required.

* * * * *
    (c) * * *
    (2) The assurance required with respect to an institution of higher 
education, hospital, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, patients, or clients of the 
institution or to the opportunity to participate in the provision of 
services or other benefits to such individuals, shall be applicable to 
the entire institution.
    12. Section 611.5 is amended by revising the example 2. to read as 
follows:


Sec. 611.5  Illustrative applications.

* * * * *
    2. In a research, training, or other grant to a university for 
activities to be conducted in a graduate school, discrimination in the 
admission and treatment of students in the graduate school is 
prohibited, and the prohibition extends to the entire university.
* * * * *
    13. Section 611.13 is amended by revising paragraph (f) to read as 
follows:


Sec. 611.13  Definitions.

* * * * *
    (f) The terms program or activity and program mean all of the 
operations of any entity described in paragraphs (f)(1) through (4) of 
this section, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private

[[Page 76508]]

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.
* * * * *
    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:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
611.2, first sentence................  Federally assisted programs and activities  types of Federal financial
                                                                                    assistance
611.2, second sentence...............  under any such program
611.2(b).............................  under any such program
611.2(c).............................  under any such program
611.2, penultimate sentence..........  program or activity                         type of Federal financial
                                                                                    assistance
611.2, penultimate sentence..........  such program                                a program
611.2, last sentence.................  programs                                    types of Federal financial
                                                                                    assistance
611.3(b)(1), introductory text.......  under any program
611.3(c)(2)..........................  Programs                                    Types of Federal financial
                                                                                    assistance
611.4(a)(1), first sentence..........  to carry out a program
611.4(a)(1), fourth sentence.........  for each program
611.4(a)(1), fourth sentence.........  in the program
611.4(a)(2), second sentence.........  under a program of                          with
611.4(a)(2), third sentence..........  program                                     statute
611.5, introductory text, first        programs of                                 programs aided by
 sentence.
611.5, example 1., first sentence....  In programs for                             For
611.5, example 4., first sentence....  grant programs                              grants
611.6(b), last sentence..............  of any program under                        in
611.6(d).............................  program under                               program for
611.9(e), first sentence.............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
611.10(f)............................  under the program involved                  to which this regulation
                                                                                    applies
611.10(f)............................  assistance will                             assistance to which this
                                                                                    regulation applies will
611.10(f)............................  under such program
611.12(a), first sentence............  under such program
611.13(h)............................  for any program,
611.13(h)............................  under any such program
611.13(i)............................  for the purpose of carrying out a program
----------------------------------------------------------------------------------------------------------------

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

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

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


Sec. 617.2  [Amended]

    16. In Sec. 617.2, the list is amended by adding, in alphabetical 
order, the term ``Program or activity.''
    17. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
617.1, last sentence.................  programs and activities                     programs or activities
617.8, first sentence................  program or activities                       program or activity
617.11(a)(2), last sentence..........  program
617.12(a), first sentence............  under                                       for
617.12(c), first sentence............  program                                     program or activity
617.12(e), first sentence............  Federal
617.12(f)(2)(ii).....................  program or activity                         Federal financial assistance
----------------------------------------------------------------------------------------------------------------



[[Page 76509]]

    Dated: August 16, 2000.
Lawrence Rudolph,
General Counsel, National Science Foundation.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

45 CFR Chapter XI

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

Authority and Issuance

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

PART 1110--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

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

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


Sec. 1110.4  Assurances required.

* * * * *
    (b) Continuing Federal financial assistance * * *
* * * * *
    (d) * * *
    (2) The assurance required with respect to an institution of higher 
education or any other institution, insofar as the assurance relates to 
the institution's practices with respect to admission or other 
treatment of individuals as students, or clients of the institution or 
to the opportunity to participate in the provision of services or other 
benefits to such individuals, shall be applicable to the entire 
institution.
    3. Section 1110.5 is amended by revising paragraph (a) to read as 
follows:


Sec. 1110.5  Illustrative applications.

* * * * *
    (a) In a research, training, or other grant to a university for 
activities to be conducted in a graduate school, discrimination in the 
admission and treatment of students in the graduate school is 
prohibited, and the prohibition extends to the entire university.
* * * * *
    4. Section 1110.13 is amended by revising paragraph (g) to read as 
follows:


Sec. 1110.13  Definitions.

* * * * *
    (g) Program or activity and program mean all of the operations of 
any entity described in paragraphs (g)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *
    5. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1110.2, first sentence...............  federally assisted programs and activities  types of Federal financial
                                                                                    assistance
1110.2, second sentence..............  under any such program
1110.2, fifth sentence...............  program or activity                         type of Federal financial
                                                                                    assistance
1110.2, fifth sentence...............  that such program                           that a program
1110.2, last sentence................  programs                                    types of Federal financial
                                                                                    assistance
1110.4(a)(1), first sentence.........  to carry out a program
1110.4(a)(1), third sentence.........  for each program
1110.4(a)(1), third sentence.........  in the program
1110.4(a)(2), first sentence.........  through a program of                        with
1110.4(a)(2), second sentence........  under a program of                          with
1110.4(a)(2), third sentence.........  program                                     statute
1110.4(b)............................  to carry out a program involving            for
1110.6(b), last sentence.............  of any program under                        in
1110.6(d)............................  program under which                         program for which
1110.9(e), first sentence............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which authorities, or
                                                                                    other means by which Federal
                                                                                    financial assistance is
                                                                                    extended and
1110.10(f)...........................  under the program involved                  to which this regulation
                                                                                    applies
1110.10(f)...........................  assistance will                             assistance to which this
                                                                                    regulation applies will
1110.10(f), first sentence...........  under such program
1110.13(i)...........................  for any program,
1110.13(i)...........................  under any such program
1110.13(j)...........................  for the purposes of carrying out a program
----------------------------------------------------------------------------------------------------------------



[[Page 76510]]

    Dated: August 21, 2000.
Karen Elias,
Deputy General Counsel, National Endowment for the Arts, National 
Foundation on the Arts and the Humanities.

    Dated: September 11, 2000.
Laura S. Nelson,
Assistant General Counsel, National Endowment for the Humanities, 
National Foundation on the Arts and the Humanities.

    Dated: August 8, 2000.
Nancy E. Weiss,
General Counsel, Institute of Museum and Library Services, National 
Foundation on the Arts and the Humanities.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Chapter XI

RIN 3135-AA17

Authority and Issuance

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

PART 1151--NONDISCRIMINATION ON THE BASIS OF HANDICAP

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

    Authority: 29 U.S.C. 794.

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


Sec. 1151.3  Definitions.

* * * * *
    (h) Program or activity means all of the operations of any entity 
described in paragraphs (h)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (h)(1), (2), or (3) of this section.


Sec. 1151.21  [Amended]

    3. The undesignated center heading immediately preceding 
Sec. 1151.21 is amended by removing the word ``Program''.
    4. Section 1151.22 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 1151.22  Existing facilities.

    (a) A recipient shall operate each program or activity to which 
this part applies so that when each part is viewed in its entirety it 
is readily accessible to and usable by handicapped persons. * * *
* * * * *
    5. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1151.2...............................  or benefits from
1151.4(a), second sentence...........  programs and activities                     programs or activities
1151.16(a)...........................  or benefits from
1151.16(b)...........................  the benefits of a program                   aid, benefits, or services
1151.16(c)...........................  program                                     program or activity
1151.16(c)...........................  or benefiting from
1151.16(e)...........................  programs and activities                     programs or activities
1151.17(a), introductory text........  benefit, service, or program                benefit, or service
1151.17(a)(1)........................  program,
1151.17(a)(5)........................  program                                     program or activity
1151.17(b)...........................  programs or activities                      aid, benefits, or services
1151.17(c)(2)........................  program                                     program or activity
1151.17(d)(1)........................  or benefits from
1151.17(e)...........................  or benefiting from
1151.18(a)(3)........................  for a specific program offered              and offering, for example, a
                                                                                    specific event
1151.18(a)(3)........................  that program                                that specific event
1151.18(b)...........................  programs                                    aid, benefits, or services
1151.18(d)...........................  benefits of the programs and activities     aid, benefits, or services
1151.18(d)...........................  programs and activities                     aid, benefits, or services
1151.18(e)...........................  programs and activities                     programs or activities
1151.22(b), last sentence............  offer programs and activities to            serve
1151.22(c)...........................  to make programs or, activities in
                                        existing facilities accessible
1151.22(d)(3)........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
1151.31(a)...........................  or benefits from
1151.31(c), last sentence............  apprenticeship programs                     apprenticeships
1151.31(d)(8)........................  social                                      those that are social
1151.31(d)(8)........................  programs
1151.32(a)...........................  program                                     program or activity
1151.32(c), introductory text........  program                                     program or activity
1151.32(c)(1)........................  program                                     program or activity

[[Page 76511]]

 
1151.41(a), first sentence...........  for a program or activity
1151.41(a), first sentence...........  the program                                 the program or activity
----------------------------------------------------------------------------------------------------------------

PART 1156--NONDISCRIMINATION ON THE BASIS OF AGE

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

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

Sec. 1156.2  [Amended]

    7. Section 1156.2 is amended by removing the words ``and to each 
program or activity that receives or benefits from such assistance'' in 
paragraph (a).
    8. Section 1156.3 is amended by redesignating paragraphs (h) 
through (n) as paragraphs (i) through (o), respectively; and by adding 
a new paragraph (h) to read as follows:


Sec. 1156.3  Definitions.

* * * * *
    (h) Program or activity means all of the operations of any entity 
described in paragraphs (h)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (h)(1), (2), or (3) of this section.
* * * * *
    9. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1156.1, last sentence................  programs and activities                     programs or activities
1156.7(c)............................  program                                     program or activity
1156.10, first sentence..............  programs and activities                     programs or activities
1156.17(a)(2), last sentence.........  program
1156.19(c)(2), first sentence........  Federal
1156.20(b)(2)........................  program or the activity                     Federal financial assistance
----------------------------------------------------------------------------------------------------------------


    Dated: August 21, 2000.
Karen Elias,
Deputy General Counsel, National Endowment for the Arts.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment For the Humanities

45 CFR Chapter XI

RIN 3136-AA24

Authority and Issuance

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

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

    1. The heading for part 1170 is revised to read as set forth above.
    2. The authority citation for part 1170 continues to read as 
follows:

    Authority: 29 U.S.C. 794.

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


Sec. 1170.3  Definitions.

* * * * *
    (g) The term program or activity means all of the operations of any 
entity described in paragraphs (g)(1) through (4) of this section, any 
part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the

[[Page 76512]]

entities described in paragraph (g)(1), (2), or (3) of this section.
* * * * *

Subpart D to Part 1170  [Amended]

    4. The heading for subpart D is amended by removing the word 
``Program''.
    5. Section 1170.32 is amended by revising the heading and first 
sentence of paragraph (a) to read as follows:


Sec. 1170.32  Existing facilities.

    (a) Accessibility. A recipient shall operate each program or 
activity to which this part applies so that when each part is viewed in 
its entirety it is readily accessible to handicapped persons. * * *
* * * * *
    6. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1170.2...............................  or benefits from
1170.3(a)............................  , and
1170.3(a)............................  95-602                                      95-602, and by the Civil
                                                                                    Rights Restoration Act of
                                                                                    1987, Pub.L. 100-259
1170.3(d)............................  program                                     program or activity
1170.11..............................  or benefits from
1170.12(a)(5)........................  program                                     program or activity
1170.12(b)...........................  programs or activities                      aid, benefits, or services
1170.12(c)(2)........................  program                                     program or activity
1170.12(d)(1)........................  or benefits from
1170.12(e)...........................  the benefits of a program                   aid, benefits, or services
1170.12(e)...........................  from a program                              from aid, benefits, or
                                                                                    services
1170.12(f)...........................  programs and activities                     programs or activities
1170.13(a)(3)........................  programs                                    aid, benefits, or services
1170.13(a)(3)........................  program                                     aid, benefit, or service
1170.13(a)(4), first sentence........  of a program's
1170.13(c)...........................  the programs and activities                 the program or activity
1170.13(c)...........................  museum programs and activities              museum aid, benefits, or
                                                                                    services
1170.13(d)...........................  programs and activities                     programs or activities
1170.21(a)...........................  or benefits from
1170.21(c), last sentence............  apprenticeship programs                     apprenticeships
1170.21(d)(8)........................  social                                      those that are social
1170.21(d)(8)........................  programs
1170.22(a)...........................  program                                     program or activity
1170.22(c), introductory text........  program                                     program or activity
1170.22(c)(1)........................  program                                     program or activity
1170.32(b), last sentence............  offer programs and activities to            serve
1170.32(d)(3)........................  program accessibility                       accessibility under paragraph
                                                                                    (a) of this section
1170.41..............................  programs and activities                     programs or activities
1170.41..............................  or benefit from
1170.43(a)...........................  program or activity                         aid, benefit, or service
1170.43(d)...........................  programs and activities                     program or activity
1170.44(a), second sentence..........  program of
1170.44(c),..........................  in its program
1170.44(d)(1)........................  under the education program or activity
                                        operated by the recipient
1170.47(a)(1), first sentence........  programs and activities                     aid, benefits, or services
1170.51(a), first sentence...........  for a program or activity
1170.51(a), first sentence...........  the program                                 the program or activity
1170.52(a)(3)(i).....................  program                                     program or activity
1170.52(a)(3)(ii)....................  program                                     program or activity
1170.54(a), second sentence..........  programs and activities                     programs or activities
----------------------------------------------------------------------------------------------------------------


    Dated: September 11, 2000.
Laura S. Nelson,
Assistant General Counsel, National Endowment for the Humanities.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Chapter XII 

RIN 3045-AA29

Authority and Issuance

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

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

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

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

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


Sec. 1203.3  Definitions.

* * * * *
    (e) Program or activity and program mean all of the operations of 
any entity described in paragraphs (e)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;

[[Page 76513]]

    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (e)(1), (2), or (3) of this section.
* * * * *
    3. Section 1203.5 is amended by revising paragraph (b), paragraph 
(c)(2), and the heading of paragraph (d) to read as follows:


Sec. 1203.5  Assurances required.

* * * * *
    (b) Assurances from Government agencies. In the case of an 
application from a department, agency, or office of a State or local 
government for Federal financial assistance for a specified purpose, 
the assurance required by this section shall extend to any other 
department, agency, or office of the same governmental unit if the 
policies of the other department, agency, or office will substantially 
affect the project for which Federal financial assistance is requested.
    (c) * * *
    (2) The assurance required by an academic institution, detention or 
correctional facility, or any other institution or facility, relating 
to the institution's practices with respect to admission or other 
treatment of individuals as students, patients, wards, inmates, persons 
subject to control, or clients of the institution or facility or to the 
opportunity to participate in the provision of services, disposition, 
treatment, or benefits to these individuals, is applicable to the 
entire institution or facility.
    (d) Continuing Federal financial assistance. * * *
* * * * *

Appendix A to Part 1203  [Amended]

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

Appendix B to Part 1203  [Amended]

    5. The heading for appendix B to part 1203 is amended by removing 
the word ``Programs'' and adding, in its place, the words ``Federal 
Financial Assistance''.
    6. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1203.2(a), introductory text, first    federally assisted programs                 types of Federal financial
 sentence.                                                                          assistance
1203.2(a), introductory text, second   under a program
 sentence.
1203.2(a)(2).........................  under a program
1203.2(a)(3).........................  under a program
1203.2(a), concluding text, first      a program                                   a type of Federal financial
 sentence.                                                                          assistance
1203.2(a), concluding text, first      the program                                 a program
 sentence.
1203.2(a)(4) concluding text last      programs                                    types of Federal financial
 sentence.                                                                          assistance
1203.2(b)............................  as part of the program receiving that
                                        assistance
1203.3(d)............................  for the purpose of carrying out a program
1203.3(f)............................  for any program,
1203.3(f)............................  under a program
1203.4(b)(1), introductory text......  under a program
1203.4(c)(1), first sentence.........  a program of                                the
1203.5(a)(1), first sentence.........  to carry out a program
1203.5(a)(1), first sentence.........  except a program                            except an application
1203.5(a)(1), second sentence........  program                                     award
1203.5(a)(1), fifth sentence.........  for each program,
1203.5(a)(1), fifth sentence.........  in the program
1203.5(a)(2), second sentence........  under a program of                          with
1203.5(a)(2), third sentence.........  program                                     statute
1203.5(d), introductory text.........  to carry out a program involving            for
1203.5(d), introductory text.........  programs                                    types of Federal financial
                                                                                    assistance
1203.6(b), second sentence...........  of a program under                          in
1203.6(d)............................  program under which                         program for which
1203.9(e), first sentence............  programs                                    Federal statutes,authorities,
                                                                                    or other means by which
                                                                                    Federal financial assistance
                                                                                    is extended and
1203.10(f)...........................  under the program involved                  to which this regulation
                                                                                    applies
1203.10(f)...........................  assistance will                             assistance to which this
                                                                                    regulation applies
1203.10(f)...........................  under the programs
1203.12(a), first sentence...........  under a program
----------------------------------------------------------------------------------------------------------------


[[Page 76514]]

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

    7. The heading for part 1232 is revised to read as set forth above.
    8. The authority citation for part 1232 continues to read as 
follows:

    Authority: 29 U.S.C. 794.

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


Sec. 1232.3  Definitions.

* * * * *
    (m) Program or activity means all of the operations of any entity 
described in paragraphs (m)(1) through (4) of this section, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (m)(1), (2), or (3) of this section.

Subpart C of Part 1232  [Amended]

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


Sec. 1232.13  [Amended]

    11. The heading for Sec. 1232.13 is amended by removing the word 
``program''.
    12. Section 1232.14 is amended by revising the first sentence of 
paragraph (a) and paragraph (b) to read as follows:


Sec. 1232.14  Existing facilities.

    (a) A recipient shall operate each program or activity to which 
this part applies so that when each part is viewed in its entirety it 
is readily accessible and usable by handicapped persons. * * *
    (b) A recipient is not required to make structural changes in 
existing facilities where other methods are effective in achieving 
compliance with this section. Where structural changes are necessary to 
comply with paragraph (a) of this section, such changes shall be made 
as soon as practicable, but in no event later than three years after 
the effective date of the regulation.
* * * * *
    13. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
1232.2, first sentence...............  or benefits from
1232.2, first sentence...............  including volunteer programs such as        including, but not limited to
1232.3(k)............................  under any programs                          as
1232.4(b)(1)(v)......................  program                                     program or activity
1232.4(b)(2).........................  programs or activities                      aid, benefits, or services
1232.4(b)(3)(ii).....................  program                                     program or activity
1232.4(b)(4)(i)......................  or benefits from
1232.4(c)............................  the benefits of a program                   aid, benefits, or services
1232.4(c)............................  from a program                              from aid, benefits, or
                                                                                    services
1232.4(d)............................  programs and activities                     programs or activities
1232.4(f)............................  program                                     program or activity
1232.4(f)............................  or benefiting from
1232.5(a), first sentence............  for a program or activity
1232.5(a), first sentence............  program                                     program or activity
1232.5(c)............................  volunteer program                           program or activity
1232.7(a)(3)(i)......................  program                                     program or activity
1232.7(a)(3)(ii).....................  program                                     program or activity
1232.7(a)(3)(iii)....................  program                                     program or activity
1232.9(a)............................  or benefits from
1232.9(c)(8).........................  social                                      those that are social
1232.9(c)(8).........................  programs
1232.9(d), last sentence.............  apprenticeship programs                     apprenticeships
1232.9(f)............................  volunteer program                           program or activity
1232.10(a)...........................  program                                     program or activity
1232.10(c), introductory text........  program                                     program or activity
1232.10(c)(1)........................  program                                     program or activity
----------------------------------------------------------------------------------------------------------------



[[Page 76515]]

    Dated: November 6, 2000.
Frank Trinity,
Acting General Counsel, Corporation for National and Community Service.

DEPARTMENT OF TRANSPORTATION 

49 CFR Subtitle A 

RIN 2105-AC96

Authority and Issuance

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

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

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

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

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


Sec. 21.7  Assurances required.

* * * * *
    (b) Continuing Federal financial assistance. * * *
    3. Section 21.23 is amended by revising paragraph (e) to read as 
follows:


Sec. 21.23  Definitions.

* * * * *
    (e) Program or activity and program mean all of the operations of 
any entity described in paragraphs (e)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (e)(1), (2), or (3) of this section.
* * * * *
    4. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
21.3(a), introductory text, first      federally assisted programs and activities  types of Federal financial
 sentence.                                                                          assistance
21.3(a), introductory text, second     under any such program
 sentence.
21.3(a)(2)...........................  under any such program
21.3(a)(3)...........................  under any such program
21.3(a), concluding text, first        program or activity                         type of Federal financial
 sentence.                                                                          assistance
21.3(a), concluding text, first        such                                        a
 sentence.
21.3(a), concluding text, last         programs                                    types of Federal financial
 sentence.                                                                          assistance
21.5(b)(1), introductory text........  under any program
21.5(b)(6)...........................  programs of                                 types of Federal financial
                                                                                    assistance administered by
21.5(c)(1), first sentence...........  a program of                                the
21.5(c)(1), first sentence...........  assistance                                  assistance to a program
21.7(a)(1), first sentence...........  to carry out a program
21.7(a)(1), first sentence...........  except a program                            except an application
21.7(a)(1), second sentence..........  program                                     award
21.7(a)(1), sixth sentence...........  for each program
21.7(a)(1), sixth sentence...........  in the program
21.7(a)(2), second sentence..........  under a program of                          with
21.7(a)(2), third sentence...........  program                                     statute
21.7(b)..............................  to carry out a program involving             for
21.7(b)..............................  programs                                    types of Federal financial
                                                                                    assistance
21.9(b), second sentence.............  of any program under                        in
21.9(d)..............................  under                                       for
21.15(e), first sentence.............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
21.17(f).............................  under the program involved                  to which this regulation
                                                                                    applies
21.17(f).............................  assistance will                             assistance to which this
                                                                                    regulation applies will
21.17(f).............................  under such programs
21.21(a), first sentence.............  under such program
21.23(d).............................  for the purpose of carrying out a program
21.23(f).............................  for any program,
21.23(f).............................  under any such program
----------------------------------------------------------------------------------------------------------------


[[Page 76516]]

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

    5. The heading for part 27 is revised to read as set forth above.
    6. The authority citation for part 27 continues to read as follows:

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

Subpart A--General

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


Sec. 27.5  Definitions.

* * * * *
    Primary recipient means any recipient that is authorized or 
required to extend Federal financial assistance from the Department to 
another recipient.
    Program or activity means all of the operations of any entity 
described in paragraphs (1) through (4) of this definition, any part of 
which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in section 8801 of 
title 20), system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (1), (2), or (3) of this definition.
* * * * *
    8. Section 27.7 is amended by revising the heading for paragraph 
(d) to read as follows:


Sec. 27.7  Discrimination prohibited.

* * * * *
    (d) Aid, benefits, or services limited by Federal law. * * *
    9. In the table below, for each section indicated in the left 
column, remove the text shown in the middle column and add the text 
shown in the right column:

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
27.3(a)..............................  or benefits from
27.5, definition of Qualified          activities                                  services
 handicapped person, paragraph (2).
27.5, definition of Recipient........  for any Federal program,
27.5, definition of Recipient........  under any such program
27.7(a)..............................  or benefits from
27.7(b)(1)(v)........................  program                                     program or activity
27.7(b)(3)...........................  programs or activities                      aid, benefits, or services
27.7(b)(4)(ii).......................  program                                     program or activity
27.7(b)(5)(i)........................  or benefits from
27.7(b)(6)...........................  or benefitting from
27.7(d)..............................  In programs                                 For aid, benefits, or
                                                                                    services
27.9(a), first sentence..............  to carry out a program
27.9(a), first sentence..............  program will                                program or activity will
27.9(b)(4)...........................  program                                     program or activity
27.11(a)(3)(i).......................  program                                     program or activity
27.11(a)(3)(ii)......................  program                                     program or activity
----------------------------------------------------------------------------------------------------------------

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

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

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
27.71(b), last sentence..............  programs                                    programs or activities
27.77................................  Essential Air Service program               Essential Air Service Program
----------------------------------------------------------------------------------------------------------------

Subpart C--Enforcement

[[Page 76517]]

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

----------------------------------------------------------------------------------------------------------------
               Section                                   Remove                                 Add
----------------------------------------------------------------------------------------------------------------
27.121(b), last sentence.............  of any program under                        in
27.121(d)............................  program                                     program or activity
27.125(b)(2).........................  program                                     program or activity
27.127(f), first sentence............  programs                                    Federal statutes,
                                                                                    authorities, or other means
                                                                                    by which Federal financial
                                                                                    assistance is extended and
27.129(e), first sentence............  under the program involved                  to which this first
                                                                                    regulation applies
27.129(e), last sentence.............  assistance                                  assistance to which this
                                                                                    regulation applies
----------------------------------------------------------------------------------------------------------------


    Dated: August 25, 2000.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 00-29358 Filed 12-5-00; 8:45 am]
BILLING CODE 3410-94-P, 7590-01-P, 6450-01-P, 8025-01-P, 7510-01-P, 
3510-BP-P, 4710-10-P, 6116-01-P, 4410-13-P, 4510-23-P, 8320-01-P, 6560-
50-P, 6820-34-P, 4310-RE-P, 6718-01-P, 7555-01-P, 7536-01-P, 7536-01-P, 
7036-01-P, 6050-28-P, 4910-62-P