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DEPARTMENT OF AGRICULTURE

Western Area Power Administration

CFR Citation: 7 CFR Parts 15, 15b

RIN ID: RIN 0566-AB78

NOTICE: Part II

DOCUMENT ACTION: Joint final rule.

SUBJECT CATEGORY: DEPARTMENT OF ENERGY

DATES: Effective September 25, 2003.

DOCUMENT SUMMARY: The Agencies amend their regulations implementing Title VI of the Civil Rights Act of 1964 (``Title VI''), section 504 of the Rehabilitation Act of 1972 (``section 504''), and the Age
Discrimination Act of 1975 (``Age Discrimination Act''). Together, these statutes prohibit discrimination on the basis of race, color, national origin, disability, and age in programs or activities that receive federal financial assistance. In 1988, the Civil Rights Restoration Act (``CRRA'') added definitions of ``program or activity'' and ``program'' to Title VI and added a definition of ``program or activity'' to section 504 and the Age Discrimination Act. The added definitions were designed to clarify the broad scope of coverage of recipients' programs or activities under these statutes. These amendments incorporate the CRRA's definitions of ``program or activity'' and ``program'' into Title VI, section 504,
[[Page 51335]]
and Age Discrimination Act regulations of the Agencies, and promote consistent and adequate enforcement of these statutes by the Agencies.\1\
\1\ Since the publication of the Notice of Proposed Rulemaking (NPRM), the Federal Emergency Management Agency (FEMA) has become a component of the Department of Homeland Security (DHS). DHS published its Interim Final Rules for Title VI, Section 504, and Title IX of the Education Amendments of 1972 in the Federal Register on March 6, 2003. 68 FR 10904 (to be codified at 6 CFR part 21). Those rules reflect the Civil Rights Restoration Act's broadened definitions of ``program'' ``Program or activity.'' FEMA is continuing as part of this rulemaking because the DHS regulations provide that ``[t]he provisions published by this part shall be effective for all components of the Department, including all Department components that are transferred to the Department, except to the extent that a Department component already has existing title VI regulations.'' 6 CFR 21.1. Similar language is included in DHS' Title XI and section 504 regulations.

SUMMARY: Agriculture, Commerce, Energy, Interior, Justice, Labor, State,Transportation Departments; Agency for International Development, Corporation for National and Community Service, Environmental Protection Agency, Federal Emergency Management Agency, General Services Administration, National Foundation on the Arts and the Humanities, National Science Foundation, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Small Business Administration, Tennessee Valley Authority, Veterans Affairs Department

DOCUMENT BODY 2: 10 CFR Part 1040
RIN 1901AA86
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 112, 117
RIN 3245AE59
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1250, 1251, 1252
RIN 2700AC41
DEPARTMENT OF COMMERCE
15 CFR Parts 8, 8b, 20
RIN 0690AA30
TENNESSEE VALLEY AUTHORITY
18 CFR Parts 1302, 1307, 1309
RIN 3316AA20
DEPARTMENT OF STATE
22 CFR Parts 141, 142, 143
RIN 1400AB17
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Parts 209, 217, 218
RIN 0412AA45
DEPARTMENT OF JUSTICE
28 CFR Part 42
RIN 1190AA49
DEPARTMENT OF LABOR
29 CFR Parts 31, 32
RIN 1291AA31
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 18
RIN 2900AK13
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 7
RIN 2020AA43
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 1016, 1018
RIN 3090AH33
DEPARTMENT OF THE INTERIOR
43 CFR Part 17
RIN 1090AA77
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 7
RIN 1660AA12
NATIONAL SCIENCE FOUNDATION
45 CFR Parts 605, 611, 617
RIN 3145AA38
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Parts 1110, 1151, 1156
RIN 3135AA17
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Parts 1110, 1170
RIN 3136AA24
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
45 CFR Part 1110
RIN 3137AA11
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1203, 1232
RIN 3045AA29
DEPARTMENT OF TRANSPORTATION
49 CFR Parts 21, 27
RIN 2105AC96

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

FOR FURTHER INFORMATION CONTACT Merrily A. Friedlander, Chief, Coordination and Review Section, Civil Rights Division, U.S. Department of Justice, (202) 3072222 voice, (202) 3072678 TTY, (202) 3070595 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:

Overview

On December 6, 2000, the Agencies published a notice of proposed rulemaking (NPRM) in the Federal Register (65 FR 76460) proposing to amend the regulations governing nondiscrimination on the basis of race, color, national origin, handicap, and age to conform with the Civil Rights Restoration Act of 1987, Pub. L. 100259 (``CRRA'').

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

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

When originally issued and implemented, the Agencies' civil rights regulations were interpreted by the Agencies to mean that acceptance of federal assistance by a recipient resulted in broad coverage of an entity. The Supreme Court, however, interpreted ``program or activity'' in restrictive terms. Grove City College v. Bell, 465 U.S. 555, 57074 (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. 10064, at 23, 1116, reprinted in 1988 U.S.C.C.A.N. at 35, 1318. 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, programspecific definition of ``program or activity.''

In 1988, Congress enacted the CRRA to restore the prior consistent and longstanding executive branch interpretation and ``broad, institutionwide application'' of those laws as previously
administered. See S. Rep. No. 10064, 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. 10064, at 32, reprinted in 1988 U.S.C.C.A.N. at 34.

These regulatory amendments are designed to address an issue recently raised by the Third Circuit Court of Appeals in Cureton v. NCAA, 198 F.3d 107 (3d Cir. 1999). The Third Circuit determined that, because the Departments of Health and Human Services and Education did not amend their Title VI regulations after the enactment of the CRRA, application of the Departments' Title VI regulations to disparate impact discrimination claims is ``program specific'' (i.e., limited to the particular program receiving federal financial assistance), rather than institutionwide (i.e., applicable to all of the operations of the institution regardless of the use of the federal funds). See id. at 11416. As noted above, however, the Agencies have, since the passage of the CRRA, consistently interpreted the coverage of their Title VI regulations to reach those programs that fall within the broad statutory definition of ``program or activity.'' The Cureton decision thwarts clearly expressed congressional intent by giving continued effect to a judicial interpretation that Congress intended to override. In any event, the regulatory changes address the concerns raised by the Third Circuit in that the regulations would track the CRRA's statutory language and apply to both disparate impact and disparate treatment forms of discrimination. (``Disparate treatment,'' i.e., intentional discrimination, refers to policies or practices that treat individuals differently based on their
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race, color, national origin, disability, or age, as applicable. Discrimination that involves such disparate treatment is barred by the civil rights statutes and regulations. ``Disparate impact'' refers to criteria or methods of administration that have a significant adverse effect on individuals based on race, color, national origin, disability, or age, as applicable. Such criteria or practices constitute impermissible discrimination if there is no substantial legitimate justification for those criteria or practices. However, even where such a justification exists, if there is an equally effective but less discriminatory alternative, that alternative must be adopted.)

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

These changes are summarized in the sections below. Definition of ``Program or Activity'' and ``Program''

The statutory definition, which is now incorporated into the regulations, addresses the scope of coverage for four broad categories of recipients: (1) State or local governmental entities; (2) colleges, universities, other postsecondary educational institutions, public systems of higher education, local educational agencies, systems of vocational education, and other school systems; (3) private entities, such as corporations, partnerships, and sole proprietorships; and (4) entities that are a combination of any of those groups. See 42 U.S.C. 2000d4a.

Under the first part of the definition, when State and local governmental entities receive financial assistance from a federal agency, the ``program or activity'' or ``program'' in which discrimination is prohibited includes all of the operations of any State or local department or agency to which the federal assistance is extended. If, for example, a State or local agency receives federal assistance for one of many functions of the agency, all of the operations of the entire agency are subject to the nondiscrimination provisions of these regulations. In addition, ``program or activity'' or ``program'' also includes all of the operations of the entity of a State or local government that distributes the federal assistance to another State or local governmental agency or department and all of the operations of the State or local governmental entity to which the financial assistance is extended. See 42 U.S.C. 2000d4a(1); S. Rep. No. 10064, 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. 2000d4a(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. 2000d4a(3)(A)(ii). S. Rep. No. 10064 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 1620, reprinted in 1988 U.S.C.C.A.N. at 1921. 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. 2000d4a(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. 2000d4a(4).

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

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

It is important to note that the changes do not in any way alter the requirement of the CRRA that a fund termination be limited to the particular programs ``or part[s] thereof'' that discriminate, or, as appropriate, to all of the programs that are infected by the discriminatory practices. See S. Rep. No. 10064, at 20, reprinted in 1988 U.S.C.C.A.N. at 22 (``The [CRRA] defines `program' in the same manner as `program or activity,' and leaves intact the `or part thereof' pinpointing language.'').

Assurances

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

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

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

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

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

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

Other Conforming Changes

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

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

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

Coordination With the Department of Education

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

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

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

Differences Among Agencies

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

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

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

Analysis of Comments and Changes

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

The second commenter advanced the view that the Agencies should not amend the regulations at this time because the commenter believed an amendment would be untimely due to a case thenpending before the United States Supreme Court (Alexander v. Sandoval, 532 U.S. 275 (2001)). Sandoval did not, however, address the focus of this rulemakingrevising the regulations to conform them to the added definition of ``program or activity'' or ``program.'' Instead, Sandoval addressed a different issuewhether there is an implied private right of action to enforce disparateimpact regulations promulgated under Section 602 of Title VI and concluded that there was not such a right. The Agencies have decided to proceed with the amendment of their regulations because we believe it is important to conform the regulations to the civil rights statutes as amended by the CRRA. We are, however, mindful of the Supreme Court's statements in Sandoval that call the validity of the Title VI disparateimpact regulations into question.\2\
\2\ See Sandoval, 532 U.S. at 286 & 286 n. 6 (``[W]e assume for purposes of this decision that Sec. 602 confers the authority to promulgate disparateimpact regulations''; ``[w]e cannot help observing, however, how strange it is to say that disparateimpact regulations are `inspired by, at the service of, and inseparably intertwined with' Sec. 601 * * * when Sec. 601 permits the very behavior that the regulations forbid.'').

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

Executive Order 12067

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

Executive Order 12250

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

Executive Order 12866

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

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

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

We summarized the potential costs and benefits of these final regulations in the preamble to the joint NPRM (65 FR 76460). Age Discrimination Act of 1975

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

Small Business Regulatory Enforcement Fairness Act of 1996

It has been determined that this rule is not a major rule as defined by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United Statesbased companies to compete with foreignbased 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 institutionwide basis without changing the language of the regulations. The joint rule merely makes the regulations track the statutory language of the CRRA, both for disparate impact and disparate treatment forms of discrimination. These regulations implement statutory amendments and longstanding agency policy.

Unfunded Mandates Reform Act of 1995

The Unfunded Mandate Reform Act of 1995, Public Law 1044, 109 Stat. 48 (1995), requires agencies to prepare several analytic statements before proposing any rule that may result in annual expenditures of $100 million by State, local, Indian tribal governments or the private sector. See 2 U.S.C. 1532.

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

Regulatory Flexibility Act

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

Paperwork Reduction Act

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

Executive Order 13132

This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The rule does not subject federal funding recipients to new obligations. The regulations amend and clarify existing regulations that are required by statute pursuant to Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. Therefore, in accordance with section 6 of Executive Order 13132, the Agencies have determined that these amendments do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
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.
[[Page 51340]]

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 1016

Civil rights, Government property management.

41 CFR Part 1018

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 1110

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 programssocial 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.
Adoption of Joint Rule
The agency adoptions of this joint rule are set forth below: DEPARTMENT OF AGRICULTURE
7 CFR Subtitle A
RIN 0566AB78
Authority and Issuance
For the reasons set forth in the joint preamble, USDA amends 7 CFR subtitle A, parts 15 and 15b as set forth below:
PART 15NONDISCRIMINATION
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 20 U.S.C. 7801), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship
(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
[[Page 51341]]
(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(4) Any other entity which is established by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section. * * * * *
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 ``USDAAssisted Programs'' and adding, in their place, the words ``Federal Financial Assistance From USDA'';

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

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

6. In the table below, for each section indicated in the left column, remove the text shown in the middle column, and add the text shown in the right column:
Section Remove Add 15.1(b)(3)........................... under any such program 15.2(e).............................. for any program
15.2(e).............................. under any such program 15.2(f).............................. for the purpose of carrying out a program 15.3(b)(3)........................... activities or programs programs or activities 15.3(d), introductory text, first programs and activities types of Federal financial sentence. assistance 15.3(d), introductory text, third program type of Federal financial sentence. assistance 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 Federal statutes, authorities, or other means by which Federal financial assistance is extended and 15.9(e), first sentence.............. programs
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.
[[Page 51342]]
PART 15bNONDISCRIMINATION 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 20 U.S.C. 7801), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship
(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(4) Any other entity which is established by two or more of the entities described in paragraph (s)(1), (2), or (3) of this section. 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 CAccessibility
12. Section 15b.18 is amended by revising the heading and first sentence of paragraph (a), the heading of paragraph (e), and the first sentence of paragraph (e)(1) introductory text to read as follows: 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 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 FOther 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 ``USDAAssisted 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 [[Page 51343]]
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), last sentence...... historic preservation program Historic Preservation Program 15b.18(e)(1)(iv), first 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 ccessibility under paragraph (a) of this section 15b.20............................... programs and activities programs or activities 15b.21, introductory text............ program program or activity 15b.22(a)............................ program program or activity 15b.22(b)(2)......................... individualized education program Individualized Education Program 15b.22(b)(3), first sentence......... in
15b.22(b)(3), first sentence......... to a program for aid, benefits, or services 15b.22(b)(3), first sentence......... the one those 15b.22(b)(3), first sentence......... operates operates or provides 15b.22(c)(1), second sentence........ to a program for aid, benefits, or services 15b.22(c)(1), second sentence........ operated operated or provided 15b.22(c)(1), second sentence........ the program aid, benefits, or services 15b.22(c)(2)......................... person in person 15b.22(c)(2)......................... to a program for aid, benefits, or services 15b.22(c)(2)......................... not operated not operated or provided 15b.22(c)(2)......................... the program aid, benefits, or services 15b.22(c)(3)......................... placement in
15b.22(c)(3)......................... program placement 15b.22(c)(4), last sentence.......... such a program a free appropriate education 15b.24(a)............................ program shall program or activity shall 15b.24(a)............................ a regular or special education program regular or special education 15b.25, first sentence............... operates a provides 15b.25, first sentence............... education program education 15b.26(c)(1), first sentence......... programs and activities aid, benefits, or services 15b.26(c)(1), last sentence.......... in these activities
15b.27(a), first sentence............ operates an provides 15b.27(a), first sentence............ program or activity receiving assistance from this Department 15b.27(a), first sentence............ from the program or activity 15b.27(a), last sentence............. under the program or activity 15b.27(b)(1), first sentence......... program services aid, benefits, or services 15b.27(b)(2), first sentence......... program services aid, benefits, or services 15b.27(b)(2), second sentence........ program benefits aid, benefits, or services 15b.27(b)(3), first sentence......... program services aid, benefits, or services 15b.27(b)(3), second sentence........ program benefits aid, benefits, or services 15b.27(c), first sentence............ program
15b.28(a), first sentence............ operates a provides 15b.28(a), first sentence............ program receiving assistance from this Department
15b.28(a), first sentence............ from such program
15b.29............................... programs and activities programs or activities 15b.31(a)............................ program or activity aid, benefits, or services 15b.31(d)............................ programs and activities programs or activities 15b.32(a), second sentence........... program or
15b.32(c)............................ in its program
15b.32(d)(1)......................... under the education program or activity operated by the recipient 15b.35(a)(1), first sentence......... programs and activities aid, benefits, or services 15b.36............................... programs and activities aid, benefits, or services 15b.39, first sentence............... activity for activity that provides aid, benefits, or services for 15b.39, first sentence............... program, or activity program or activity 15b.40(a), first sentence............ operate provide 15b.40(a), first sentence............ service programs assisted by this services Department
15b.41(a)............................ a multifamily rental housing program multifamily rental housing 15b.41(b)(2)......................... program
[[Page 51344]]
15b.41(c), first sentence............ program
15b.41(c), last sentence............. program

Dated: May 1, 2001.
David Winningham,
Acting Director, Office of Civil Rights, Department of Agriculture. NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
RIN 3130AG65
Authority and Issuance
For the reasons set forth in the joint preamble, NRC amends 10 CFR chapter I, part 4 as set forth below:
PART 4NONDISCRIMINATION 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. 602605, Pub. L. 88352, 78 Stat. 252, 253 (42 U.S.C. 2000d2000d7); sec. 401, 88 Stat. 1254 (42 U.S.C. 5891).

Subpart B also issued under sec. 504, Pub. L. 93112, 87 Stat. 394 (29 U.S.C. 706); sec. 119, Pub. L. 95602, 92 Stat. 2984 (29 U.S.C. 794); sec. 122, Pub. L. 95602, 92 Stat. 2984 (29 U.S.C. 706(6)).

Subpart C also issued under Title III of Pub. L. 94135, 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 20 U.S.C. 7801), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship
(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(4) Any other entity which is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section. * * * * *
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 ARegulations 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 opportun