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THE
WHIJ Ei"lOUSE
WASHINGTON
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NATIONAL ENDOWMENT FOR THE ARTS
.'
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The Nancy Hanks Cenrer .
· '! )00
:
Perinsyl~~nia Avenue
Washington
NW
be 20506-000I
202/682-5400
·September 19, 1997 · ,.
:~.
•
•
'
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B,ruce Reed ·
Assistant to the President for Domestic Policy
·
c/o Timothy 'Saunders ·
White House Executive Clerk
Old Executive Office Building 5 NW
Washington, D.C. ·zo503
.
,·
...
'
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RE:·Nationai Endowinertt for the'ArtsTitle IX Enforcement ·
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Dear Mr. Reed:·
Pt~rsuant to Pre~idtmt clinton's Memo~an.dum ofJun~ 17, 1997 on Strengtheiung Title IX
Enforcement; the National EndowmentJo~Jhe Arts hereby reports on the measures that it plans
to undertake to ensure· effective enforcement ·of Title IX
.......
: .:'.
The Endowment's plan is to ·continu~ to inClude r'iile ix'e~o~~ertiehdirthe agen~y's coordinated
civil rights'enforcement.program;-which also cov~r$,1,iile. VJ:, S~ction 5Q4,,the AD!\, and,,age'
discrimination.' ' Enforcement' is coordiriated. throug~·:~~~f Office o'f Civil Rights~ Specific .
enforcement of Title IX will fall Within these general. pararheters:
·
H
•
•\,-
'
Partidpation·in Common Rule . :··
The Endowment will join in the joint .p~bliCation of a ¢ommon rule on Title IX enforcement, being
co.ordinateq by the Department ofJustice. We. oeliev~that a coor~inated, governinent-wide
·approach is the most effective means of Title IX enfor~ement, particularly since many educational
programs receive assistance from Il_lUltiple agencies. Specific details of oor enforcement of Title
.
IX will depend ;on the formulation. of tha~ common rule..
. Grantee Education Regarding Nondiscrimination. Obligations
·'
· ·__ ._·._
Th~ Endo~ent uses. multiple m~ans to asstire that the. recipients of federai. assistance are· aware
oftheir obligations not to discriminate. · ;,· ·
·
·
·
•
Contact iriformationfor the Office.<;)fCivil Rights is present on the Endowment's Web
Page, http:l/arts.endow~gov. We' plan to expand information ori the webpage regarding
civil rights and Title IX'obiigations and enf()rcement. Following the installation of the
Endowment's Local Area Network this winter, the Office wi.ll be accessible by email as
well as·~elephone.
·
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The grant application gUidelines. contain substantial infomation on nohd.isc·firrtiriat.ion
requirements. ·
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.Each applicant signs a certificat-ion of compliance with civil rights requirerjle~ts;including
.-. .·
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. · . . . . · ... . ·' .. .:
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. I IX
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.
·. ·
·
· ·· · · .: ' · ·
•
Following each grant award, the Office of Civil Rights writes to each.grantee. _The
.Endo)Vment' i.s ·considering expansion of this mailing to include.more comprehensive
materials on all;nondiscrimination requirements; including Title IX.
•.
. The Office of Civil Rights continues to examine its methods of grantee educatiort~
Options und~r consider~tion include requiring each grantee to desigriate.a.Jspec:~fic civil
nghts contact·{irt addition to the project ~anager, authorizing official, and Section· 504
program coordinator), distribution to grantees of an "Equal Opportunity.i~ the Arts"
poster, and preparation and .disse~ination ofa booklet providing further infotm~tion ()n
nondiscrimination requirements. .
.. ··
·
··
·
•;.-.
~
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Compliance Reviews and Pri-orities for Enforcement
The ~ndo~ent has not established formal priorities.for Civil. rights enforce_ment -All applicants
and'grantees te~eive the same basic information, and all complaints are generallyhandle.d on a-:
first-in, first-out basis. However, the Office ofCivil Rights is iri the process ofestabli~hing a
· "desk audit" civil righ~s ~ompliance r~view of grantees, which 'Yill cover Title IX c:oljlpli~ce
issues. .The Office is developing gr~mtee compliance checklists that .we antiCipate ~l(bkused in
the field following OMB approval under the PaperworkReduction Act: Formal·compiiimce
'·
reviews will initially be targeted at larger organizations and organizations receiving· ni~re:. · ·
substantial grants: ~er the .initial round, of compliance reviews, we hope to be ~ble to ·co.nduct
both a r4Ddom sampling and, eventually; a systematic. survey _of all new grantees.: ·
·
·
;
·'· .
.
.
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'
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Grievance Procedures
Ail investigations and complaints. are handled by the Office qf Glvil Rights, often in co9rdinatio~
with otherfederal agencies providirig assistance to the recipients in question. Historic~ly, the.
Endowrilenthas received ;very, :very few Title.IXcoinphlints (none in the last several-years), and
pursl.laotto.a delegation agree111ent has referred any such comphunts to the Department of·
Education for processing.. Weunders.tand that this may·remai~ an option und~r th~ common rule, .
and because we do not anticipate any substantial increase in Tiile IX.complaints,·we believe it .
· would-continue to be the most appropriate allocation .of resource~. We anticipate t~at, iri any
Title IX complaints handled in-house, we will continue to apply parallel investigati.on and
grievan~e procedures to those used in other civil rights c~ses. ·
·
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If you have
q~estions or require further info~ati~n, please contact Angelia Richardson;
Director, Office of Civil Rights, at.682-5454, o~ Hope O'Keeffe, Deputy General Counsel, at682:5418..
.
.
.
.
any
. .;-.
Sincerely you.rs;
Angelia Richardson
·.Director, Ofljc¢ofCivil Rights
$':
Hope O'Keeffe ·
Deputy ~eneral Counsel
..
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cc: Department of Justice Civil Rights Division, Coordination and Review Section .
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·,
Comments=~--~----~~----------------~----------~--------------~~--~-------
Keep th_is worksheet attached)o the original incoming letter... ·
Send all routing updates to Central Reference (Room 75, OEOB).
·Always return completed correspondence record to Central Files·.·
Re.fer questions abou~ the· correspondence tracking system
Centr~l- Reference,
to
ext. 2590. ·
Stili
�'·
. -- --
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~-----~·------····-;···~-~-~- --·-·--~--~-
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NATIONAL ENDOWMENT FOR THE ARTS.
' .·
Th~ Nancy Hanks Cenrer
·;
.· _II 0.0 Pennsylvania Avenue NW
Was,hingron DC 20506-000 I
202/682-5400 ..
· September ·19; 1997
. ..
Bnice:Reed
.
.
Assistant to the President for Domestic Policy
c/o Timothy Saunders ·
.
. White House Exe9utive Cl~rk ·. . . ·
Old Execu,tive Office Building 5 :NW .·
~ashington, D.C. 20503
. ,.
RE: ·Natio.nai Endowment for the A:rts Title IX Enforcement~- · ·
Dear Mr. Reed:
Pursuant to President Clinton's Memorandum of June 17, -1997 on Strengthening-Title IX
Enforcement, the National Endowme.nt for the Arts hereby reports on the measures that it plans .
·
·
to undertake to ensure effective enforcement ofTitle_IX. ·
The Endowment's plan is to coritinue.to.includeTitle.lx:~rif~;~~~~nt in the agency's ·coordinated
·
civil rightsienforcement progiam~:which also c~v~rs}W~ yr,-s:~ctiorf·504,:t.4~ ADA, anq age
_discrimination.· Enforcement is· coo~ditiated't~oug~.otirqffice ofCivil~ghts. _Specific
enforcement Title IX Will faiL.\\Tjthin the,se ge.nerai- parameters:
. .
of
Participation in 'common Rule
•
..
·,
of
IX
,-;·
The Endowment \Viii join in the joint public'.ltion a cornmo~ rule on Title
enforcement, being
coordinated by the Department of Justice: We believe that a coordinated, government-wide.
approach the most effective means of Title IX enforcement, partlcularly-sin~e many educational.
programs receive assistance from multiple agencies.· Specific details of our enforcement of Title .
IX will depend on the formulation of that commori rule. ·.
·
is
Grantee Education Regarding Nondiscrimination· Obligations·
:·
-'"
:
-
-
.
/
The End'awment uses multiple mearis to assure that the recipients of federal assistance are aware
of their obligations not to discriminate,. . ·--- .
.
.
e
Contact information for the.Office of Civil Rights is present on the Endowment's Web
Page, http://arts.endow~gov. We plan to e~pand info:rmation on the webpage regarding
civil rights and Title IX ·obligations arid enforcement. Follo~ing .the installation of th~
Endowment'~ Local Area Network this wi~t~r, 'the Offi¢e will be accessible by:email as
well as· telephone.
·
.
.
�....
J
-~.
•
The grant application guidelines ~ontain, substantial information on. nondiscri~mttion
requirements. ·
·
· ··· · ·' ··
· ,..... · :· · · · ·
·
..
.•
· · e· ·
•
•'
,· ,'
Each applicant. signs a certification of compliance with ci~il rights requirements; including ··
,
·Title IX.
Following each grant award, the Office ofCi~il Rights writes to e·ach grantee .. The
,, Endowment is considering expans.ion ofthis:mailing to include more comprehensive
materials on all nondiscrimination requirements, including Title IX.
The Office. of Civil Rights cop.tinues t9 examine its methods of gr~tee education.·
Options under consideration include requiring· each grant~e to designate a specific civil
rights contact {in addition to the project manager, authorizing official, and Section 504
program coordin.ator), distribution to grante:es of an "Equal Opportunity in the Arts"
poster, and. preparation and dissemination of a booklet providing further information on·
nondiscrimination requirements. ·
Compliance Revie~~·and Priorities for-Enforcement
The Endqwinent has· not established· formal priorities for civil rights enforcement: All applicants
and grantee~ receive the same basic information, a:nd: all complaints are generally .handled on a
. first-in, first-out basis> However, the Office ofCivil:Rigl)ts is. in the process of establishing a
"desk audit" ~ivil rights ~ompliance review of gr~ntees, which will C()ver Title IX corripl~ance
issues. The Office is developing grantee corhplianqe checklists. that we anticjpate· Will be. used in
·the field following O:MB approval underthe Pipeiw9rkReduction Act Formal compliance
. reviews will: initially be targeted at larger organizations and drganizaticms receiving more·
substantial grants. After the initiai round of compliance reviews, we hope to be able to' conduct
both.a random sampling. and, eventually~ asystematic survey ofall new grantees.
Grievance Procedures
All:investigatlons· a:nd complaints are handled by the Office. qf Civil Rights, often in coordination
with otherfeqeral agencies providing assistance 'to the iecip,ients·ln·question. Historically, the·
E1;1dowment has ,rec.ei'ved very, very few Title IX coinpl~ints (none in the: last several years), and
pursuant to a~etegation·agreement-has referred any such complaints to the Department pf
Education for pr()cessing .. We undersiar}d that this ·may remain an. option under the .co.mmort rule, .
and because we:do ·not·anticipate. any substantial increase in Title IX complaints·~ we believe it
would. coritinue~to be the mostappropriate allocation ofresources: ~-We-anticipate that, in any
Title IX complaints handled in-house, we will continue to apply parallel investigation and
. gri~vance procedures to those used !n other civil rights ~as~s.
,f-
'··
�.
-... ·
'
.--
.~«·•·
-
. ':'"
·.. ·
.If you have any questio~s or·reqi.Jire further information, .please contact Angelia Richardson,·
Director, Office of Civil Rights, at 6~2-5454,. or Hop_e O'Keeffe, Deputy General Counsel, at 682.5418. .
.
..
. .·
'
Sincerely yours, ·,
·,
.
'.,
· Angelia Richar~~on ·
· Director, Office ofCivil Rights
Hope O'Keeff~ .
Deputy General Counsel ·
.~.
'
.
.
:
...
cc: Department of Justice Civil Rlghts Division, Coor~ination and Revi~w Section
.·._;
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Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspon9ence tracking system to Central Reference, ext. 2590.
5/81
�U,S" NUClEAR REGULATORY COMMISSlON
OFFICE OF SMALl, BUSINESS ANO CIVIl RIGHTS
MAIL STOP T-2f18
WASHINGTONP
FACSIMilE IMNSMITTAL SHEET.
DATE:
TO:
ORGANIZATION~
PHONE
FAX
·
NUMBER~
HUMBER~
FROM~
OFFICE~
PHONE
FAX
Qffice of Small Business and C1y11 Rights
~UMBER~
~UMBER~
.QOll 4l5-5953
COMMENTS:
NUMBER OF PAGES 3~· PlUS COVER SHEET
oc
20555
�,UNITED STATES
NUClEAR REGULATORY COMMISSION
WASHINO"!'ON, D.C. 201:1M-¢00t
September 15» 1997
Mr. Bruce Read·
Assistant to the President
· for Domestic Polley
Old Executive Office Building
Room 5 N.W.
Washington, D.C. 20503 ·
Dear Mr. Reed:
This responds to President Clinton's June 17, 1997 memorandum direCting agencies to Identify
and describe the measures they have taken to ensure the effective enforcement of Title IX of
the- Education Amendment Act of 1972 (Title IX).
Currently, the NRC does not _have regulations that are specifically and exclusively designed to
enforce Title IX. For this reason, by letter dated .August 13, 1997, NRC notified the
Department of Justice {DOJ) that It wishes to participate In DOJ's planned Government-wide
notice of proposed rulemaklng by which:a number of agencies will be speclflcally Implementing
Title IX. Moreover, In the case of .the NRC. currently In place In 10 C. F. R Part 4 are
regulations that Implement Title IV of the Energy Reorganization Act of 1974 (Title IV). This
statute prohibits discrimination on the basis of sex In, among other things, any program or
. activity receiving financial assistance from_ NRC. In this way, NRC already has enforcement
· mechanisms' In Its regulations that apply to the activities prohibited by Title IX. These
·
regulations require: (a) assurances by recipients of NRC assistance that the subject programs
will be carried out In a manner that Is consistent with the Agency's regl!latlons regarding
·
discrimination on the basis of sex: (b) recipients of NRC financial assistance must keep records
and submit to NRC compliance reports, as requlre_d by the responslbl~ NRC official. The
regulatlon·s provide that NRC will p~rform an Investigation of the practices and policies a ·
recipient when there ls some Indication that the recipient Is notln compliance with NRC's
· regulations. The regulations also provide for means of effecting compliance, opportunity for a
hearing and final decisions on continuing; suspending or terminating NRC financial assistance
to a recipient who Is found to be lr) non·compllance with the regulations.
·
of
For your Information, the dollar amount of the financial assistance provided by the NRC Is
relatively small and Is· decreasing. Allocation for these programs In FY 1997' Is $800;000; the
proposed allocation for FY 1998 Is $100,000. NRC does not anticipate any Increase In these
programs In the near term.
�8. Reed.
2
We look forward to working with the Department of Justice on the promulgation of regulations
specifically designed to.lmplement Title IX. If you have questions on this matter, please
c·ontact Irene P. little, Director, Office of Small Business and Civil Rights, at 301M415-7380.
Sincerely, ·
·~.IJ~··.
Patricia G. Norry
Deputy Executive Directo
for Management Services
�Federal Emergency Management Agency
Washington, D.C. 20472
September 25, 1997
Mr. Bruce Reed
Special Assistant to the President for Domestic Policy
c/o G. Timothy Saunders
White House Executive Clerk
Old Executive Office Building, Room 5SW
Washington DC 20503
Dear Mr. Reed:
This transmits to you the Implementation Plan of the Federal Emergency Management
Agency (FEMA) for Title IX ofthe Education Amendments of 1972. FEMA has joined
the common-rule publication of the Title" IX regulation, and is planning for training of
both Agency staff and our recipients in Title IX requirements.
If you have any questions please call Alan Clive, Civil Rights Program Manager, at
(202) 646-3957.
Sincerely,
//()~(} ()~
P
~line C. Campb~
Director
Office of Equal Rights
Enclosure
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�FEDRALEMERGENCYMANAGEMENTAGENCY
OFFICE OF EQUAL RIGHTS
Implementation Plan for Title IX
PROGRAMS COVERED
The Federal .Emergency Management Agency (FEMA) provides Federal finanCial assistance to
state governments for instruction in emergency management. .The audience for such courses is
composed of state and local officials and employees, and representatives of the business and
social-service sectors. The U.S. Fire Administration, a component of FEMA, offers a similar
·funding program for instruction in fire service topics. Public educational institutions, including local
school systems, colleges, and universities, can receive aid to repair or. replace damaged or
destroyed facilities under ttie Agency's Infrastructure funding program.
··
·
This assistance becomes available after the President declares a disaster to have occurred in the
affected area.
REGULATORY IMPLEMENTATION
The Agency has joined the common-rule publication of the Title IX regulation, being coordinated
by the Department of Justice.
· ·
Notice
.
.
~
.
Following the adoption of the regulation, the Agency will inform recipients both oftheir rights and
responsibilities under Title IX, and of the requirement that they provide similar notification to
subrecipients and beneficiaries. The notification will be part of Agency guidance for the FY 99
Cooperative Agreement, the funding mechanism for aiiFEMA financial assistance to State
governments ..
GRIEVANCE PROCEDURE
The Office of Equal Rights will process all Title. IX complaints under procedures prescribed by
44 CFR, Part 7, and spelled out in FEMA Manual1440.2, "Civil Rights Enforcement and
Monitoring Program." Recipients will be made aware of the requirement to establish a Title IX
grievance procedure as part of the FY 99 guidance for the Cooperative Agreement.
ENFORCEMENT AND PRIORITIES
1.
After publication of the common regulation, and before the end of FY 99, we wish to train
Office of Equal Rights staff on Title IX requirements.
·
2. ·We will work with the Emergency Management Institute and National Fire Academy to
develop appropriate Title IX training materials for States and localities. ·
�~-------------------------~--------------~--------------------
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UNITED STATES"'
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NUCLEAR REGULATORY COMM,SSION
WASHINGTON, D.C. 2oSss-ooo1 • ,·
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Dear Mr. Reed:
This responds to President Clinton's June 17, 1997 memorandum directing agencies to identify
,:and describe the measures they have taken to ensure the effective enforcement of Title IX of
the Education Amendment Act of 1972 (Title IX).
Currently, the NRC does not have regulations that are specifically and exclusively designed to
enforce Title IX. For this. reason, by letter dated August 13, 1997, NRC notified the
Department of Justice (DOJ) that it wishes to participate in DOJ's planned Government-wide
notice of proposed rulemaking by which a number of agencies will be specifically implementing
Title IX. Moreover, in the case of the NRC, currently in place in 10 C.F.R. Part 4 are
· regulations that implement Title IV of the Energy Reorganization Act of 1974 (Title IV). This
statute prohibits discrimination on the basis of sex in, among other things, any program or
activity receiving financial assistance from NRC. In this way, NRC already has enforcement
· mechanisms in its regulations that apply to the activities prohibited by Title IX. These .
regulations require: (a) assu'rances by recipients of NRC assistance that the subject programs ·
will be carried out in a manner that is consistent with the Agency's regulations regarding
discrimination on the basis of sex; (b) recipients of NRC financial assistance must keep records
and submit to NRC compliance reports, as required by the responsible NRC official. The
regulations provide that NRC will perform an investigation of the practices and policies of a
recipient when there is some indication that the recipient is not in compliance with NRC's
regulations. The regulations also provide for means of effecting compliance, opportunity for a
hearing and final decisions on continuing,·suspending or terminating NRC financial assistance
to a recipient who is found to be in non-compliance with the regulations.
For your information, the dollar amount of the financial assistance provided by the NRC is
relatively small and is decreasjng. Allocation for these programs in FY 1997 is $800,000; the
proposed allocation for FY 1998 is $100,000. NRC does not anticipate any increase in these
programs in the near term.
;
...
�B. Reed
2
We look forward to working with the Department of Justice on the promulgation of regulations
specifically designed to implement Title IX. If you have questions on this matter, please
contact Irene P. Little, Director, Office of Small Business and Civil Rights, at 301-415-7380.
Sincerely,
~---·····
~~~
Patricia G. Norry
.
Deputy Executive Directo
for Management Services
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U. S. Department of Housing and-Urban Development
ENFORCEMENT PLAN
TITLE IX
'Background
Title IX of the Educational Amendments Act of.1972 (Title IX), as
amended,· 20 U.S.C. §. 1681 et seq., ·p_rohibits discrimination on
the basis of sex in all· e,ducational programs <;ind activities
receiving Federal financial assistance.
On June 17,· 1997j th~ 25th anniversary of Title ·Ix,
President Clinton directed all executive departments and agencies
to develop enforcement plans to highlight the applicability of
Title IX prohibitions to all Federally-assisted educatiop apd .
t~ainingcprogra~s and tb ~~ovide specific notification ~nd
grievance procedures. In· coordinatio_n with the Department of
Justice, HUD is participating in the joint publication
a
proposed Title IX regula.tion along with 23 other federal
agencies.
of
In response to President _Clinton's directive, HUD proposes the
fOllowing Title IX enforcement pJa.n:
·
Priorities for Enforcement
HUD's initial priority is to ensure 'that Title IX prohibitions
are routinely addressed in,.all types .of compliance activities
.. (reviews complaints an.d technical assistance)' 'involving all HUD
pro'grams containing· educational· and occupational.tra:l.ning
components. ·For e~ample, because housing authorities .~hat:.
provide an educational or occupational program urider
·
11
welfare-to-work, 11 or CDBG recipients that provide· enrichment
programs are subject to Title IX, HUD will accept complaints
against such recipients brought under Title IX, conduct
compliance reviews that·address Title -IX prohibitions, and
provide technical assistande to these recipients to ensu:te_that
Title IX is enforced. . ·
·
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.
I
HUD also proposes·a Memorandum of Understanding (MOU) with the
U.S. Department of Education (Education). HUD currently awards,
. through its,. .O:t:fice of University Pa.rtnership, a number of. grants
(i.e.,· .Doc.tbral -Dissertation Research'Grant· Prqgram, Community
Development Work Stu<:ly Program) that are admin,istered and awarded
to students by postseconda:r;y institutions. In. order to properly·
enforce Title IX, HUD proposes that an MOU would be the most
appropriate procedure to ensure compliance. Most, if not all,
.-.
�2
colleges and universities are recipients of Federal financial
assistance from Education.and are therefore subject to Title IX.
This includes publicizing a nondiscrimination statement in their
publications _(i.e., catalog, student handbook etc.) and adopting
internal grievance· procedures (e.g., sexual· harassment).
Additionally, the Office. for Civil Rights (OCR), Education, has a
history of enforcing Title IX in educational programs.
This
includes complaints against postsecondary institutions,
compliance reviews and technical assistance. Therefore, a MOU
would preclude any duplication of effort, and it would facilitate
enforcement of Title IX.
Specifically, HUD could refer
complaints to OCR, or if filed directly with OCR, OCR could
invoke the MOU and inform HUD of its handling and disposition of
any complaints that specifically address HUD's scholarship and/or
fellowship programs.
It should also be noted that in all
likelihood a student at a postsecondary institution will complain
to OCR before complaining to HUD.
Methods ·of Notification
In notifying recipients of Federal financial assistance of the
obligation not to discriminate, HUD proposes a two-prong
approach.
First, through its WEB site, HUD will inform all
recipients about the applicability of Title IX and of their
Title IX obligations. The WEB site will also be used as an
outreach tool to the public at large regarding Tftle IX rights
and obl iga t. ions .
Second, written notification detailing Title IX applicability,
righ~s, and obligations will be provided to all recipients that
have or may have an educational and/or occupational training
program.
This could be done in.the form of a generic letter.
In addition to the above, Title IX issues will be routinely
addressed in Fair· Housing and Equal Opportunity (FHEO) training
and technical assistance which is provided to recipients by HUD.
HUD will also offer technical assistance in response to any
inquiries and/or concerns raised by recipients with respect to
their obligations under Title IX.
Grievance Procedures
HUD proposes the adoption of grievance procedures that are
"prompt and equitable" as required under Title IX.
The
procedures can either be similar to already existing Section 504
grievance procedures, or DOJ, as the lead coordinator in this
effort, can develop, with the assistance of HUD and other
agencies, grievance procedures that can be universally adopted by
recipients.
Ideally, these procedures should also include
standards which address the issue of sexual harassment.
In this
�3
reg~rd, review of pblicy and guidance used by Education and the
Equal Employment Opportunity Commission should be considered.
Specifically, for example, policy and guidance.developed by these
two·agencies regarding "severe, pervasive or persistent" acts'
which may constitute sexual harassment or a "hostile environment"
could be very useful ~'in developing Title IX grievance procedures
addressing this issue..
·
·
Summary
In summary, HUD proposes
the.foll~wing:
o
HUD will ensure compliance of Title IX within the course of
conducting all compliance activities, including reviews,
com~laints and technical assistance.
o
HUD proposes a ·MOU with. the, U.S. Department of Education.
o
HUD proposes a two-prong approach in notifying its
recipients of Federal ·financial assistance of their
obligation not to discriminate under Title IX.
Specifically, through the HUD WEB .site and through written
notification to all recipients that have or may have an
educational and/or occupational training program. Title IX
issues will also be addressed in both ro~tine FHEO
training/technical assistance and in response to specific
inquiries.
o
HUD proposes the adoption .of grievance procedures that are
"prompt and equitable" as required under Title IX. The
procedures can either be similar to already existing
Section 504 grievance procedures or as an alternative, HUD
can jointly develop universal'grievance procedures with·DOJ
that can be adopted by recipients.
·
�.-
Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee 37402-2801
September 23, 1997
Mr. Bruce Reed
Assistance To The President
For Domestic Policy
c/o Mr.G. Timothy Sanders
White House Executive Clerk
Old Executive Office Building, RM 5 NW
Washington, DC 20503
Dear Mr. Reed:
In line with President Clinton's memo on Strengthening Title IX Enforcement, and
I
Federally Conducted Education Programs and activities, I have enclosed TVA's Title IX
Enforcement Plan.
If I can provide you with any additional information, please let me know.
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Mr. Merrily Friedlander, Chief
Coordinator and Review Section
Civil Rights Division
·P.O. Box 66560
··
Washington, DC 20035-6560
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�TENNESSEE VALLEY AUTHORITY
TITLE IX ENFORCEMENT PLAN
The Title IX Compliance Program is a part ofthe Tennessee Valley Authority's
(TVA) Federally Assisted Programs (FAP). A majority of TVA federally assisted
educational programs and activities are conducted with colleges and universities.
The FAP is managed by Supplier & Diverse Business Relations in the
Procurement organization.
While TVA currently includes Title IX in the Compliance Program, the agency
plans to take additional · actions to ei1force Title IX more vigorously. The
development and implementation of the Title IX Enforcement Plan is included as
a business plan objective for fiscal year 1998. This objective will address
priorities for enforcement, notification to recipients of Title IX obligations, and
establishment of complaint and grievance procedures as follows:
Priorities for Title IX Enforcement
•
Cooperate in joint rule-making with other federal agencies in issuing Title IX
regulations
•
Develop compliance procedures to be included in FAP manual revisions
•
Provide training and technical assistance to compliance coordinators and
program project managers
•
Utilize TVA's information technology systems to provide Compliance
Coordinators and Project Managers access to preaward compliance reviews
for colleges and universities where TVA has multiple contracts
•
Allocate necessary resources to achieve goals and priorities. Presently,
3.1 FTEs are allocated for the compliance program
Notification to Recipients of Title IX Obligations
•
TVA is currently taking the following actions to comply with Title IX
obligations:
•
Notifying recipients of their compliance responsibilities prior to
preaward review
�+ Referencing Title IX in contract assurance language for educationally
assisted contracts
+
•
Citing Title IX on the Equal Opportunity Poster and Summary Card of
Responsibilities sent to recipients
Additional efforts will be made in the following areas:
+ Develop and implement an addendum to preaward and postaward
reviews to include applicable inquires to document Title IX compliance
+
Develop fact sheet regarding Title IX requirements to be provided to
recipients
+ Disseminate Title IX statute, regulations, and other Title IX information
electronically on the Internet for recipients and beneficiaries
Establishment of Complaint and Grievance Procedures for Title IX
•
TVA plans to notify recipients of requirements to develop internal grievance
procedures and assist them in selecting and developing a procedure through:
+ Providing information to recipients about different types of grievance
procedures
+
Providing samples of written procedures to recipients which may be
modified to fit the needs of the recipient
+ Consulting as needed with recipients on the grievance procedure
chosen
•
TVA regulations which will be issued to enfo'rce Title IX will include TVA's
complaint processing procedures to handle beneficiaries' complaints
2
�September 29, 1997
Bruce Reed·
Assistant to the President for Domestic Policy
c/o Timothy Saunders
White House Executive Clerk
Old Executive Office Building 5 NW
Washington D.C. 20503
Re:
National Endowment for the Humanities
Institute for Museu~ and Library Services
Title IX Enforcement
Dear Mr. Reed:
Pursuant to President Clinton's Memorandum of June 17, 1997 on Strengthening
Title IX Enforcement, the National Endowment for the Humanities ("NEH") and the Institute for
Museum and Library Services ("IMLS") hereby report on measures the agencies have taken and
will take to enforce this title of the Educational Amendments of 1972.
Description ofAgency Priorities. The NEH and IMLS are committed to ensuring
equal opportunity and have written policies prohibiting· sex discrimination in the programs the
agencies fund. Enforcement of _Title IX is coordinated by the NEH though its Civil Rights
Enforcement Program. The NEH provides civil rights counseling and enforcement support to
IMLS, as well.
In addition to maintaining their current enforcement efforts, which are described
below, both agencies intend to participate in the joint publication of a common rule on Title IX
enforcement, which the Department of Justice is currently coordinating. We believe a
coordinated, government-wide approach would be the most effective means of Title IX
enforcement, particularly since most of our grantees receive assistance from multiple agencies.
�Methods to Make Recipients of Federal Financial Assistance Aware of their
Obligation Not to Discriminate. Both NEH and IMLS use a range of methods to ensure that the
recipients of federal assistance are aware of their obligations not to discriminate.
*
NEH and IMLS publications notify the public that the agencies do not discriminate
on the basis of sex. !hese publications also provide the necessary information for
persons wishing to file a complaint.
*
The NEH and IMLS grant application guidelines contain substantial information
on nondiscrimination requirements.
*
Each applicant is required to sign a certification of compliance with civil rights
requirements, including Title IX.
*
Grantees offering summer seminars and institutions for other constituents must
display posters that provide information about the agencies' civil rights programs.
*
Both agencies maintain websites that provide information on civil rights
compliance. Equal Employment Officers are accessible by e-mail as well as by
telephone.
*
The agencies also conduct outreach programs. to educate grantees about federal
grant requirements. For example, in the Fall of 1996, the NEH Division of Public
Programs conducted four regional workshops·on·the division's funding·guidelines: ·· ·
*
The NEH works with the State Humanities Councils (which are organized as
separate non-profit entities) to ensure equal opportunity to humanities
programming at the state level. The State/Federal Partnership Program is currently
conducting site visits with the State Humanities Councils in all 50 states, Puerto
Rico, American Samoa, the Marianas, and Gu~.
*
The agencies reach out to women through conferences with professional
associations and cultural institutions.
In addition, women play a significant role in reviewing grant proposals and as
grantees. For example, in the NEH's Preservation and Access Division during FY 1997, 32 out
of a total 45 application review panelists were women; the project directors for 100 out of 227
grant applications were women; and, of 73 awards made, 34 were for projects directed by
women.
2
�Grievance Procedures. All Title IX investigations and complaints are handled
by the National Endowment for the Humanities Civil Rights Compliance Program, which consists
of the Office of Equal Opportunity, the Office of the General Counsel, and the Office of the
Inspector General. Procedures for handling civil rights complaints are set forth at 45 C.F.R Part
1100. This has proven to be an effective method of handling grievances.
Federally-Funded Programs. In addition to maintaining active civil rights
compliance programs .and reaching out to women in the field, the NEH and IMLS support grants
in scholarship, education, and public programming relevant to understanding the lives and history
of women.
'
For example, this year the NEH Public Programs Division supported the following
exhibitions: "Traditional Arts of Native American Women," "Seafaring Women," "Southern
Women," "Jewish Women's Experiences in the Upper Midwest," and "I Claudia: Women in
Ancient Rome. II The' Division also supported television and radio broadcasts, such as: "One
Woman, One Vote," "Beyond the Vote: Equality," "Voice of Egypt: The Life and Times of
Umm Kulthum (a central figure in modem Arabic culture)," "Margaret Sanger," and "A
Midwife's Tale: Discovering the World of Martha Ballard." The Preservation and Access
Division supported a textbase of pre-Victorian women's writing, a catalog of 20th-century
women's manuscript collections, and a historical encyclopedia of Chicago women. Our research
'
fellows studied topics such as: "Homeless Women in the Great Depression," "Women's History
and the Web," "The Jane Addams Papers," and "Women and the Law in the Roman Empire."
In addition, the 1996 NEH challenge grant program provided funding to the Lower
East Side Tenement Museum to support renovation of rare 19th-century tenement apartments,
study of which reveals a great deal about ·the lives of women· in that' time.· ·The University of- ··
Scranton received a grant to endow library acquisitions in various fields, including Women's
Studies. While these grants did not "focus" on women's studies or issues as such, they exemplify
how these topics can benefit from institutional resources. IMLS' s programs provide a similar
benefit.
Finally, each year the State Humanities Councils fund a variety of programs
focusing on women. This year's projects included: "Women in Action: Rebels and Reformers,
1920-1980" (Arizona); "Crossing the Lines, A Conference on Contemporary Southern Women's
Literature" (Arkansas); "First Vote (to celebrate the 75th anniversary of the 19th amendment,
which gave women the vote)" (Delaware); "Telling Her Story: Expanding the Past of Georgia's
Women Through Historic Places" (Georgia); "Into the Market Place: Working Women in the
Twentieth Century" (Hawai'i); "Complexities and Diversities for the Modem Woman" (Iowa);
"Lincoln County Women" (New Mexico); "Raising Our Sites: Women's History in Pennsylvania"
(Pennsylvania); "Women at the Forefront of Latin American Cinema" (Rhode Island); "Women,
Music and Creativity" (South Carolina); "Teen Mothers' Reading Program" (Vermont); "Female
Refugees in Washington" (Washington); "West Virginia Women in History" (West Virginia); and
"Contemplating Women's Issues" (Wisconsin). Thus, federal funding supports a range of
women's scholarship and education about women's history throughout the country.
3
�The foregoing examples are not exhaustive, but rather representative of the
agencies' support of projects which directly and indirectly benefit women. As part of an ongoing
process, the NEH and IMLS staff have taken steps to ensure that women are included, not only
in audiences of federally-funded projects, but also as project directors, project personnel, and
consultants. We believe that such efforts further promote the goals of Title IX.
If you have any questions or require additional information, please contact Nancy
Weiss, Assistant General Counsel, at (202) 606-8322.
Sincerely yours,
Juan Mestas, Deputy Chairman
National Endowment for the Humanities
Linda Bell
Director of Policy, Planning and Budget
Institute for Museum and Library Services
cc:
Department of Justice Civil Rights Division
Coordination and Review Section
4
�~.United
States
Information
Agency
WASHINGTON DC
Office of Civil Rights
20547-0001
.USIA
September 8, 1997
Isabelle Katz Pinzler
Acting Assistant Attorney General
U.S .. Department of Justice
Coordination and Review Section
Civil Rights Division
P.O. Box 66560
Washington, D.C.
20035-6560
Dear Ms. Pinzler:
This responds to your letter dated July 25, 1997 in which you
requested infor.mation from our Agency concerning a notice of
proposed rulemaking for a common rule to enforce Title IX of
the Education Amendments of 1972. Speqifically, you requested
us to identify the location for our Title IX regulation along
with "words of issuance" which are to be included in the.notice.
The Office of Civil Rights has been requested to respond to your
letter.
By notice published a~ 43 Fed Reg 15371 (April 12, 1978),
Reorganization Plan No. 2 of 1977 provides for the transfer of
all functions of the Bureau of Educational and Cultural Affairs
of the Department of State to the U.S. Infor.mation Agency (USIA).
In addition, all regulations, rules, orders, etc. associated with
the Bureau of Educational and Cultural Affairs remain in effect
until modified, amended, 'or superseded (see Tab A) . The
provisions of Title VI of the Civil Rights Act of 1964 are
effectuated by 22 CFR Part 141. Appendix A states that this part
applies to grants and activities under the Mutual Educational and
Cultural Exchange Ac.t ,of 1961 (see Tab B) .
Inasmuch as USIA, subject to pending legislation, will merge with
the Department of State, it is prudent for us to continue to
utilize State's Title VI ,regulations. Moreover, we will
reference th~t portion of these regulations to address our
Title IX procedures for enforcement, processing complaints,
conducting investigations and compliance reviews, notice of
findings, etc. (see Tab c, 22 CFR Part 141.3 - 141.11) .
�-2We have enclosed a completed copy of the questionnaire which you
suggested that we use as a guide to prepare our Title IX
regulations (see Tab D) . If you have any questions about this
infor.mation, please contact me at: U.S. Infor.mation Agency,
Office of Civil Rights, Room 858, 301 4th Street, S.W.,
Washington, D.C. 20547.
You may also call me on (202) 619-5151.
Sincerely,
Director
cc:
. Les Jin, GC
Bruce ReedV
Assistant to the President for
Domestic Policy
Merrily A. Friedlander, Chief
Coordination and Review Section
.·~
��United States Information Agency
Decer.ber 19, 1986
MEMORNDUf1 · TO:
rVE Helen t\lrphy
'
FROM
SURJOCT
· r_,c
r~rry
.
ArV
Lymn ,,.
CONI'INUAN:E OF.CIVIL RIGHTS REGULATIONS
By notice published at 43 Fed Reg 15371 (April 12, 1978) (attached) the United
States Information Agency (then the International Comunication Agency)
provided for continuation of operations and a_uthorities.
As explained in the notice, under Reorganization Plan No. 2, all functions of
- - - -- --the-roreau of Educational and cultural Affairs of the Department of State were·
. transferred to this Agency. By that notice all regulations, rules, orders,
etc, associated with the transferred functions remain in effect until
modified, amended or superseded. 22 CFR 141, Appendix A, specifically states
that the regulations regarding nondiscrimination in Federally-assisted
programs of the Department of State (Title VI of the Civil Rights Act of 1961)
apply to grants and activities under the Mutual Zducational and cultural
Exchange Act of 1961.
22 CFR 143 Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal Financial Ass.istance, Appendix B states specifically that
Programs administered by the International corrnnunication Agency (n0\-1 USIA)
order the MUtual Educational and cult~ral Exchange Act of 1961 are subject to
the regulations.
:A. I
2I 5
' 1-9 2
�':"""1
·+':1
. i.
-
I
'
I
2. The authority to ~lepte any
authority granted hereunder to the
I'JCtent permHted by lAw, Executive
0rd•·r. rr'l!ulallon or this Order. In the
,.~.,,,.,., ,, fJt 11. Npecltlc dt:!cgaUon of aut t.orlt y rrorn the Dlrect.or or redelega.lhH• or aut h•iill.y from the Ageocy
c :'''" mrtlnl( Officer. no officer or em·
·'
ploy~ or the Agency shall be authori:tf'd, on behall of the Agency. to solicit bids or offers; 1.0 negotiate contracts; to enter into contracts; to make
f!ndings and detennlnatlons; to amend
or to administer any contract, ua.nt or
. cooperative agreement or to make
commitments with respect thereto.
3. The authority to lsaue regulations~
procedures and directives in the
Manual or Operations and Administration rt>gutating contracts, grants and
~:ooperallve agreements. To the extent
necesary, this authority shall extend
to the development, in cooperation
with the Department of State and
w1th the Agency for International Development <or anY successor to the
..:•.
latter Agency>, of uniform or Joint reg.·.. -. J
ulations governing overseas contracts,
_:_:___:_ __
grants and cooperative agreements.
~4. --The authoritY to determine
j
sources. to solicit and to evaluate bid.<~
and offers. and to conduct all negotiaI
'
lions ror the acquisition of personal
·
property, services (Including construe'
lion> and real property on behalf of
..- the Agency, together with the authoritY to desihtlate other Agency representatives to participate in specific negotiations of Agency contracts. The
Agency Contracting Officer shall
assume the responsibility of in.surtng
in all nt>gotiation full &nd proper participation of representatives of the af.
fected offices and elements. including
representatives of the O!flce of the
General Counsel. In &eneral. the assis.. I
t!l.nce and participation of represent.&·
lives of the requiaittoninl elements
and of the Office of the General
Counsel shall be considered necesaary
in all negotJ.attona of consequence.
unless It i.s obvious to all Concerned
that such asstatance and participation
are not needed.
5. The authority to determine reeetplents of grants. to conduct d18cuasiona with proposed reclplenta of
I(I'BJlt.s, and to designate the Agency
participants In such diacwlldona. This
authority sh&ll not operate to limit
- 1
the ex.lstini power of the Board of
Foreign ScholanhJps to aelect reclplen t.a of grants.
6. The resPQMibWt7 for desicnatlnr
and deflninar the authority of 1\lCh
j
Agency personnel u may be n~
•• _J
to administer a contract, cooperative
. .. . ~ 1
agreement. or rrant. AnY officer 10
deQcnated shall be required to IDaJD.
t.al.o appropriate recorda and to submit
reports required by the AaeDC7 CoDtracting Officer. Inter alia. the AaeDC7
Oalltracttna Officer aha11 define the
aut.bortty of the "Authorized Repre-
.· I
~
NOTIC£5
sentative of the Contracting Otrl~r"
and designate the offt~r who wm
serve in that c·apacity e.nd who will be
responsible for supervising the pros·
ecutlon of work by an Agency contrac.
tor.
7. The authority to prescribe ~cords
and N'POrts which must be maintained
aa documental ion of contract. cooperatlve agreement, or grant activities.
8. In exercising authority hereunder
the Agency Contracting Oftl~r shall
obt.ain advice from the Office of Gener&J CollilSel with respect to the form
arid leg&l su!flciency of documents
pertaining to contracts, cooperative
agreements or grants in accordance
with applicable regulations. Including
regulations set forth in the Manual of
Operations and Administration.
9. No authority Is delegated to ma.lte
determinations or decisions specified
ln paragraphs <12> and <13> of section
302<c> of the Act.
10. The following authorities are delegated only to the Agency Contracting
Officer without power of redelegation:
a. Authority to authorize a cost or
eo&t-nlus-a.-flxed-!ee contract or an in..
centive-type contract. either within or
ouwde the United States, Ita territorles and possessions.
b. Authority to make determinations-·
or decisions speclth~d in paragraph
<11> of section 302<c> of the Act. but
only with respect to contracts which
will not require the expenditure of
more than S25.000.
c. Authority to make the determinationa and decisions specified in sections 304<b> and 305<c> of the Act.
d. Authority to make determiriation.S
with respect to. mistakes in bids eJ.
leged or disclosed before or after
award of contract as specified in sectlon 1-2.406-3 and 1-2.406-4 of the
Federal Procurement Regulations.
e. Authority to authorize deviations
In contract clauses. forms, policies.
procedures, or limitations prescribed
In the Federal Procurement Regulationa when. In the Judgment of the
Agency Contracttna Officer, such deviationa are necessary for the effective
performance of Aeency operations,
provided that:
<1> Proposed de\;auons are coordinated wtth the Office of the General
Counsel;
·
<2> In individual cases. a record Is
maintained of each deviation, disclosIng the nature of the deviation and
the rea.son therefor: and
<3> In c1aasea of cues, deviations wtll
be considered on an expedited basts
JointlY by the Agency Contractinc Offleer and the General Services Admin·
~stratton unless. in the considered
Judgment of the .Areney Cont.racting
Officer and with due rerard to the obJective of uniformity, clrcumsta.nces
preclude such joint effort. 1n which
cue the Aaeney Contractini Ofllcer
wW notllr the General Services Ad·
mJnJ.stration of the deviation.
15371
11. The authority he~by delt'1l'~
shall be eltercised ln accordanoe with
all applicable pronsions of law Lnd
subJei:'t to all applicable rt!1rUI&tlona.
directives or lnstructlo~ which are
now In effect or may hereafter ~
issu~d by the International Communication Agency, or by any other Govemment agency of competent Jurtsdlction. governing the acQUisition of personal property, services <including constructlon> and real property, cooperatlve agreements. or grants.
12. Nothing cont&ined herein shall
affect the validity of any contract or
grant, executed on or before March 31
19i8 by duly authorized officials of
the Department of State or of the
United States Infonnatlon Agency,
and transferred to the International
Communication Agency.
13. This delegation of authority supersedes all delegations of authority
of the Department of State or of the
United States Information Agency
made on or before March 31, 1978, tc
the extent that they might relate tc
t
con racts or grants of the lntemational Communication Agency.
14. Copies of any redelegatlon made
by the Agency Contracting Officer will
be
h o
· sent tot e fflce of Comptroller.
15· Notwtthst&ndina any other provtsion of this Order, the Director may at
any time exercise any function or authority delegated herein. ·
16. All actions pursuant. to ..... au_..,
thority delegated prtor to .thla Orde1
or pursuant to any authority detent
ed by this Order taken prior to and tr
effect. on the date of this Order, &rt
hereby confirmed and ratified, &nc
shall rema.in in full force and effect a.:
If taken under this Order. unless o:
until rescinded, ameonded or suspend
ed.
This Order is el!ectl\·e a.s of April 1
1978.
Dated: April 3, 1978.
JoHN E. REI!mAllDT,
Director, International
Commtanication Agenq.
rFR ooc:. 78-9608 Filed t-11-78; 8:45 &ml
[8230-01]
....
CONTINUITY Of Of'&AnONs
,,....
'-"-
Reornnizatton Plan No. 2 of lin
provides for .the tn.nafer of all f\ln{
tiona, componenta. officers. and en
ployees of the Unlted Stat.ea Inform:
tton Aaeney, tocether wtth the fun•
tiona and the maJority of officers u:.
employees of the Bureau of Educatlc
and Cultural Affairs of the Depar.
ment of State to the lntemation:
Communication Aceney. Po~ Se
vice peJ'IIOnnel of the Oeputment ,
State temporartly Ulllgned to tt.
Bureau of Educational and Cultur:
.··
.~
�NOTICES
15J72
Afrll1rs 11ave been rea.s.>:gned to tr.e In.lo•mauonal Comm un1cauon Agency
but have not been pennanenlly trans·
rerred. All officers and employees of
the United States In!onnallon Agency
have been transferred to the new
A~eency. Reorganizallon Plan No. 2 of
1977 wa.s macte effecllve as of April 1.
1978. by Executive Order 12048 o{
March 27. 1978.
CONTIN1JATION OF AUTHORITIES
'
I
_:~~~-
f
:.~~~,.-·~
.• ·· .t
. '
.. -J
-A
.-·. r
.,
.. ,
Legal Aid Society of Ventura County
ln Oxnard. Cal1l.. to sen·e Southern
Santa Barbara county.
Interested persons· are hereby invit·
ed to submlt wrltten comments or rec·
ommE'ndations conc~>ming the above
application to the Rc.-~ional Offlce of
the Legal Services Corporation at:
Le11al ServtrPs Corporation. San FTsnrtsro
Hegtonal Office. Amer1can Sa\·tnlls Buildlng. Sulte 700. 690 MarkeL StreeL. Sill\
Frailctsco. CaHt. 9410-t.
l L Oa:es and ;!a··~~.)! ~~r__ r~ ~r -.,!"'!"\.\'D'':.·
le~'- t Jll ;J.m. :\ ·,~,·ornen &r~a !il.lr.;;:ea. 1:1.
:'.1mont:es C. Other ;ornm.~tt~es.
·
12. Old busmes.s- run her consiilerA.tlc n or
OenerRl R u..les-- ~ 00 p m.
13. New bustne~~ 30 p m.
14 .. Dl.scu.sston of past. prps .. nl a.mJ fut11r1"
costs of unemploymenL t.nsura.nc•· - J Oll
p.m.
ResPRn:h starr: Ca.ltfomta. Mlrh•~"-n. New
York.
AdJoumm~nt-5 p.m.
Telephone inQuiries and communlca- ·
tlons concerning this meeting should
be directed to:
Mr. Ja.mes M. Rosbrow. Interior Ext>eu1n·e
Director. National Commw1on on Unemployment Compensation. Room 7000. P&tr,clt Henry Building, 601 D Str!"eL NW
Wa.shinston. D.C. 20212. phone: a.rea cod~
202-376-7034.
Signed at Washington. D.C .. this 5th
day of April 1978.
JAMES M. ROSBROW,
THOMAS EHRLICH,
Unless otherwise directed. after
Director.
March 31. 1978. all officers and em·
ployees of the International Commu·
[FR Doc. 78-9635 Filed -t-11-78: 8:'15 a.ml
nicatlon Agency will continue per·
forming the functions previously per·
formed bY them. Except as may be in· [4510-30)
consistent with Reorganization Plan
NATIONAL COMMISSION ON
No. 2 of 1977. Executive Ord~rs 12047
UNEMPLOYMENT COMPENSATION
and 12048. and Delegation Orders Nos.
78-1. 78-2. 78-3. 78-4. and 78-5. all regMEETING
ulations. rules. orders, policies, deter·
The second meeting of the National
minations. directions. authorizations,
/ntP.rint Ezecutivl" Dirrctor. Na·
and other actions. associated with Commission on Unemployment Comtior.al Commission on Unem.·
these functions shall remain in full pensation will be held in Room
ployment Compen.sation..
force and efCect. untU modified. N4437a-d, U.S. Department of Labor
amended or superseded. In instances Building, Second and Constitution
[f'R Doc. 78-9590 Flied 4·11-78: 8:-t5 a.ml
where any supervisory position is abol· Avenue NW .• Washington. D.C. 20210 .
ished or vacant. any matters to be re· beginning at 10 a.m .. Wednesday, April
rerred should be referred to the offl· 26. 1978. This session will conclude at [7S90-01)
ccr succeeding to the responsibility, to 5:15 p.m. and resume ar 8:30 a.m ... o.n
- ---NUCLEAR REGULATORY
the supervisor next above the officer Thursday, April 27. 1978. The tenta·
COMMISSION
which is vacant or to the Director, as tlve agenda follows:
may be appropriate, unless otherwise
AGDIDA
AINOIMAL OCCUIIINCI IIPOIT
directed In any applicable directive or
W1:DIIDDAY, APRU. 21, 10 A.IL
EJeyeatll le.-. Sua..itte4. te the c-.regulation.
All matters to be referred to the Dl· 1. Approval of minutes of prevtota meetm..
Notice Ia hereby given that pursuant
2. Annolincemenw-10;30 Lm. A. Chairman.
rector as noted above should be ad·
to the requirements of SeeUon 208 of
B. Commission members.
dressed to the Director through the
appropriate Associate Director or 3. Arrangement.a for May meetinr-10.45 tlae Energy ReorwaniZ&tlon Act of
19'14. as araoended. the Nuclear Regula·
a.m.
orrtce head.
4. Plans for future meeti.ngs-11:30 a.m. A. tory Commtssion has published and
l£178. B. 1979.
This directive is effective as of April
issued the eleventh periodic report to
5. Lunch-Department of Labor Ca.!eterta- Congress on abnormal occurrences
1. 1978.
12:30 p.m.
<NUREG-0090-10>. The release date is
JOHN E. REINHARDT,
6. Visit to District of Columbia UnempiOY·
April 5, 1978.
Director. International
ment Compensation Offlce-1:30 p.m.
Under the Energy Reorganization
7. Dlscusaton on or1ginal obJectives of Un·
Communication Agency.
employment Compensation Pronam-2:45 Act of .1974. which created the NRC,
[FR Doe. 78-9603 Filed 4-11-78: 8:45 aml
an abnormal occurrence is defined aa
p.m.
Dr. Ewan Clarue. former Director. Bureau "an unscheduled incident or event
of Employment SecuritY and Comml.slion· which the Cornmi3sion <NRCl deter·
[6820-35)
· er. Bureau of Labor Statistics.
mines is significant from the stand·
Mr. Saul Blatateln. UpJohn Foundation.
point of public health or safety.'' The
LEGAL SERVICES CORPORAnON
Mr. Curtis Harding, fonner Executive Dlrec· NRC has made a determination. based
tor. Utah Employment SecuritY Aaency.
GIANTS AND CONTIACTS
on criteria publisht'd in the FEDERAL
• ADJOU1UfiiEift-5:15 P.M.
REGlSTER <42 FR 10950) on February
APRIL 6, 19"1'8.
24. 197'1, that events involvins an
1'JinSDAY, APRIL 21, 1:30 A.IL
The Legal Services Corporation was
actual loss or slgni!lcant reduction in
established pursuant to the U!gal Ser· a. Dt..cu.uion of put and present rtnancm. . the degree of protection aratnst radiovices Croporatton Act of 1974. Pub. L.
or unemployment 1.n.sun.nce.
active properties of source special nu93-355, 88 Stat. 378. 42 U.S.C. 2998- Dr. Jamea Van Erden. Supervtsory Actuary,
d b
'
• clear. an
yproduct materials are abDivision or Actu&rlal Servtces. UIS.
2996l, as amended. Pub. L. 95-222 <Deoccurrences.
cember 28. 19'l'l>. Section 100'f(f) pro- Mr. Jamea M~. Chief, Division or Ac· normaleleventh report to Congress t.s
tuart&l Servtces. uiS.
The
vides: "At least 30 days prior to the ap. Dr. Rober\ Croulin. Economiat. ASPER. for the fourth quarter of 19'l'l. The
proval of any srant appUcation or
DOL.
report Ia baaed upon ocCur-rences or
prior to entertns into a contnu:t or e. OllcWDion of work of National Comm.l.l- events that the Commission deter·
prior to the initiation of any other
slon on Employment and Unemploymen~ mined were significant. The report in·
proJect. the Corporation shall an·
Statlltlcs-11 Lm.
dicates that the followtna incidents or
nounce publicly • • • such IJT&Ilt. con· De~tan~ Secretary, Peter Henle. events were determined by the ·Com·
tract or proJect."
.
mis81on to be siiD1!1cant and report&·
The Lep.l Services Corporation Commillloner Julius Shlsk1D. BLS.
ble:
hereby announces publicly that It Ia Dr. Bar Levitan. Chalrman. NCEUS.
<a> There
abnormal OC:·
comldertnc the grant appUcatlon sub- 10. Lunch-Department of Labor catete- currences atwere threenuclear power
n-1:1:30 p.m.
the 66
mitted by:
PIDIIAL UGISTU. VOL 43, NO. 71-WIDNISDAY. ANIL 12. 1971
�t-3
>'
to
to
I.
I
I
�1141.10
22 CFR Ch.l (4-1-97 ~
Pt. 141, App.
L:
Secretary) which provides Cor the sus- evidence and findings of tact whl<*peDBlon or termination or, or the re- .shall be retained by the Department.~_i/
(3) U the responsible Departmen~
fusal to grant or continue Federal tlna.nctal asalsta.nce, or the imposition or omctal dentes any such request, the lf1
any other sanction avallable under this pllcant or recipient may submit a 1'!1.
part or the Act, shall promptly be quest tor a hearing in writing, speoltl;
transmitted to the Secretary who may tng why it believes such oftlcial to ha'l ·
approve such deo1s1on, may vacate It, been in error. It shall thereupon II
or remit or. mitigate any aanotlon 1m- given an expeditious bearing, with 1··
decision on the record, In accordallat
posed.
.
with rules or procedure issued bJ tM
(f) Content of orders. The Onal deo1&1on may provide !or auspenston or ter- responsible Departmental omcial.
mination or, or retuaal to grant or con- burden or substantiating
tinue Federal tlnanc1al &881sta.nce, til with the requirements of
whole or In part, under the program In- (g)(l) or this section shall be
or
volved, a.nd may contain such terms, pllcantthis recipient. While proce~
under
paragraph
conditions, a.nd other prov1&1ons aa are sanctions imposed by are pending,
the order
coDBlstent with a.nd will e1rectuate the under paragraph (() of this section
purposes of the Act a.nd thla part, 1ni" ,
olud1J'\&' provi&1ons designed to &BBure remain in eaect.
that no Federal tlna.nc1al as&1Bta.nce [30 VR aa, Jau. 9, 1966, as a.mended &~ •
will thereafter be extended under such 1m'l, Jlll)O 6, 19'l3l
··
prorram to the applicant .or recipient
determined by such deci&1on to be in 1141.10 Judicial review.
de!ault In ttl performance or a.n &BBurAction taken pursua.nt to ...,., __ ..,
----- ---- -- - a.nce-glven-by-it-pursua.nt-to-thls-part, __ -Of-the Aot.ts.aiubject to Judicial_~
or to have otherwise !ailed to comply aa provided In section
with this part, unleu a.nd until It cor.
recta Its nonoomplla.nce and satistles 1141.11 Effect on other
the respoDBible Department omctal
foi'ID8 and lnatnactlona.
that It will tully comply with this part.
Nothing In this part shall be
(g) Post-tenmnaUon proceedings. (1) An to supersede: Executive
applicant or recipient adversely at- a.nd 11114 and regulations iuued
rected by a.n order iuued under para- under, or a.ny other· regulations
graph (f) or this section shall bu re- structlons, insofar as such reJNla&lal
stored to CUll ellglblltty to rebelve Fed- or Instructions prohibit
eral tlna.nclal asststa.nce 1C it satisfies on the ground of race, color,
the terms and conditions of that order tional origin In any program or
lor such ellglbtl1ty or tr it brings ttsell tion to which this regulation 11
Into compliance with this regulation pltcable, or prohibit dlscrtmtnatlat
a.nd provides reasonable &BBurance that any other ground.
it wtll CUlly comply with this regula(a) Forms ana lnstructlom.
tlon.
·
sponstble Department
(2) Any appUca.nt or recipient ad- Issue, and promptly make avaua•J
versely allected by an order entered interested persons, Corms
pursuant to paragraph (f) of this sec- Instructions a.nd procedure11
tlon may at any time request the re- tuattng this part as
spoDBlble Departmental omctal to re- grams to which this part
store tully Ita ellglbtllty · to receive for which he Is responsible.
Federal ftna.nclal &881sta.nce. Any such
(b) Supervision and coor~
request shall be supported by tnrorma.-- Secretary may, trom
tlon establishJng that t;he applicant or &1gn to omcials or the De~
recipient baa met the requirements or to omclals or other departiiMijJ
paragraph (g)(l) or thJs seotlon. U the agencies of the Government
responsible Departmental oatclal de- consent or such department
termlnes that those requirements have olea, responsib111tles In
been satlstled, he shall restore such ell- with the etrectuatton of the
glbtl1ty, but such determination shall title VI of the Act and thls
be In writing a.nd shall be supported by lng the achievement of
coordination and maximum uniformity
Mthin the Department and wtthin the
lleouttve branch of the Government in
&U appltcatlon of title VI and this part
1D almtlar prbgrams and In similar sitI&Uons. Any action taken, detennina&lou made, or requirement imposed by
ID omcial ·'or another department or
IIUCY acting pursuant to an assign• t of responsibiltty under this subIICtfon Bha.ll have the same ertect as
such action bad been taken by
)()nslble omclal of this Depart-
provision of seri.rtces, financial aid,
other benefits to Individuals whethprovided through employees of the r
clpient of Federal financial assistan:
or provided by others through col
tracts or other arrangements with tl
recipient. Services, financial aid, ,
other benefits shall include those pr.
vtded with the aid of or through any f,
oUity provided tor by the aid of an
non-Federal funds, property, or oth•
resources required to be expended c
made available tor the program t
meet matching requirements or otht
1088:1, Deo. :n, 1867, as amended at 38
conditions in order to receive Feder1
assistance.
Jllly 6, 1913)
(g) The term recipient· means an
Definitions.
State, poUtical subdivision of an
llBI'd in this partState, or instrumentaltty of any Stat
The term Department means the or polttical subdivision, any public c
Dlll&rtment or State and includes eaoh private agency, Institution, or organ
111&1 operating agencies and other or- zation, or other entity, or any indivlt. ·
...._tlonal units except the Agency ual, In any State to whom Federal fl
li!IIDternational Development.
nancla.l assistance is extended direct!
SecretaT'JI means the Seoor through another recipient, Cor an
___ __ __ __ _ ___ • ____ prpg:_f&J!l,_ i.J!Q.!Uc!_!_ng_ any__J!ll_QC_~SftQr,~aLresponsible Department sign, or transferee thereof, but suci
respect to any progran1 re- term does not include any ultimat
Federal Qnancial &BBistance beneficiary under any such program.
the omcial of the Department
(h) The term primary recipient mean
_re&ponslbUity within the De- any recipient which is authorized or rt
for the program extending qutred to extend Federal . financial aB
Ul18&ance or such omclal of the sistance to another recipient Cor th.
as the Secretary des- purpose of carrying out a program.
(1) The term applicant means one wh.
term United States means the submits an application, request, o
the United States, the Dis-. plan required to be approved by a re
Columbia, Puerto Rico, the sponsible Department off1cial, or by ,
···Islands, American Samoa, primary recipient, as a condition t.
Wake Island, the Canal Zone, elig1b111ty Cor Federal financial assist
territories and possessions of ance; and the term applicaUon mean.
States, and the term State such an application, request, or plan.
(j) The term /acilitJI includes all o,
one of the foregoing.
term Federal financial assist- any portion or structures, equipment
IDaludes (1) grants and loans of or other real or personal property 01
(2) the grant or donation Interests therein, and the provision 01
lperty and interests in facilities includes the construction, expansion, renovation, remodeling, alter__._,,;:~, the detail of Federal perany Federal agreement, ation, or acquisition of facilities.
paenc, or other contract which [30 FR 314, Jan. 9, 1966, as amended at. 38 Fll
lts purposes the provision 1'1948, July 6, 1973]
or other benefits to lndither provided through em- APPENDIX A TO PART 141-GRANTS ANt;
ACI'IVlTlEB TO WHICH THIS PART APtile: recipient of Federal QPLIES
tanoe or provided by othlWI!a contracts or other arrange1. Mutual undel'Btandlng between people 01
1111Ua·the recipient.
the United States and the i;>eople of othe•
~ · program includes any
oount.rles by educational and cultural ellJJrOJeot, or activity tor the cbang&-studles, research, lnstruotloo lln.o
E
�\
\
§ 142.1
22 CFR Ch. I (4-1-97 Edition) .
~ther educational a.ctlvltle&-Cultural ex-
142.4'1 Nonacademic services.
1~.48-142.60 (Reserved]
\
Department of State
§ 14
(d) Any procurement of goods or servIces, including the procurement of
training. This part does not tar selection and ·treatment reasonably related
· to the foreign· affairs objective or such
other authorized purpose as the Federal assistance may have. It does not
bar selections which are limited to particular groupe where the purpose of the
program calls for such a limitation,
nor does it bar special treatment including special courses
training, ort·entatlon or counseling consistent with
such purjlose.
(g) Applicant I or Assistance mcanH
who submits an application, rtHJUtlHI
plan required to be approved by· a
SUbpart E-Heallh, Welfare, SocJOI, and
partment official or by II. recipient ,,
·
. Other Servlcea
\
condition ·or becoming a recipltmt.
I
·14:.1.61 Application or this subpart.
(h) Federal financial ussistwice mu.
142.62 Health, welra.re, aocla.l. a.nd other
any grant, loan, contract (othet· lhu
1
urvlcea.
procurement contract or a contriu.:t
142.63 Drug a.nd a.lcohol addicts.
insurance or guaranty), cooJ.lt'rat
agreement, or any other IUTII.llKtllll
Subpart· F-Procedurea
by which the Department provldeH
142.'10 _Procedures.
otherwise makes available asHIHta,
APPBNDIX A TO PART -142-GRANTB AND AoIn the form of: I
TIVlTIKS TO WKJCH TillS PART APPLIBS ·
(1) Funds;
AUTHORITY: 29 U.B.C. '194.
(2) Services of Federal per!lomtel; u
1142..3 DetlnJUon&
SOURCB: 46 FR 69438, Oct. 21, 1980, unleaa
'·
(3) Real and personal property or 11
PART 142-NONDISCRIMINATING · otherwise noted.
As used In this part, the term:
interest In or use of such property,
(a) Executive order means Executive
eluding:
·
ON THE BASiS OF HANDICAP IN
Subpart A-General Provlslo~_s
Order 11914, entitled "Nondiscrlmtna(1) Transfers or leases of such pt··
PROGRAMS AND ACTIVInES RE·tton with Respect to the Handicapped erty for less than fair marli;et va}ue
CEIVING FEDERAL FINANCIAL
fld1 Purpose.
In Federally-Assisted Programs," is- for reduced consideration; and
ASSISTANCE
..
The purpose or this part 1s to ef!ecsued April 28, 1976.
(11) Proceeds ('rom a subsequ,tuate section 504 or the Rehab1Utatlon
(b) The Act means the Rehab1Utation transfer or lease of such property tr t
SUbpart A~General Provlllonl
Act of 1973, which ts designed to eltmtAct· o! 1973, Pub. L. 9~112, as R.mended Federal share of its fair market val.
Bee.
nate discrimination on the basts or
by the Rehabtutation Act Amendments Js not returned to the Federal Gove'
142.1 Purpose.
handicap tn any program or activit~
or 1974, Pub. L. 93-616, and the Rehab1l1- . ment.
142.2 Application.
receivtng__ Eedera.l_nnanctal .. asststance._ -~~ton 4_q_t__of_Amendments.of.1978,.Eub.-..:-:.(1)-Facility-means-a:ll-or-H:ny-put·ti--.------·142;3-DeOnltlons:L. 91Hi02.
or buildings, structures, equi})IJiljJ
·142.4 Dlaorlmlnatlou prohJblted.
142.6 Auura.ncea required.
(c) Sect1on 504 means section' 604 of
roads, walks, parking lots, or otL
I 142.2 AppUcaUon.
142.8 RemeclJa.l action, voliulta.ry action,
the Rehabtutatlon Act of 19'13, Pub. L. reaJ or personal property or Jntere~:~t.
and sel!-eva.luatlon..
93-112, as amended by the Rehabtuta- such property. ·
This part applies to all programs dt·
142.'1 Deatgnatlon or responsible employee
rectly affecting handicapped individtton Act Amendments of 1974, Pub. L.
(j) Handicapped person. (1) meanH u1
a.nd adoption or Jl'leva.noe procedures.
uals In the United States carried on by
93-616, 29 U.S.C. 794: amendments of person who: (1) has a physical or m~:
142.8 Notice.
recipients of Federal financial. assist1978; Pub. L.,9lHl()2;
tal impairment which substantiaL
142.9 Administrative requirements Cor ama.ll
ance pursuant to any authority-held or
recipients.
(d) Department means the Department limits one or· more major life act.J1
142.10 EUeot or sta.te a.nd looa.l la.w or other · delegated by the Secretary of State, Inor State and Includes each or its orga~ ties, (It) has a record of such an Jmpa1
requirements a.nd effect or employment cluding the federally-assisted programs
nJzattonal units.· It does not include ment, ·or (111) Is regarded all havl•
opportunities.
and activities listed in appendix A of
the Agency !or International ·nevelop- such an impairment.
this part. (appendix A may be revised
merit.
(2) As used in paragraph (j)(l) of t.l1
Subpart a-Employment Proctlcea
from time-to-time by notice in the
(e) Secretary means the Secretary or section, the phrase: ,
FEDERAL REGISTER.) It applies to
142.11 DIBOrlmlnatlon prohJblted.
Sta~ or any officer or employee of the
(1)_ PhJJsical or , me1Jtal impuimu"
142.12 Rea.aonable accommodation.
money paid, property transferred, or
Department to whom the Secretary has means (A) any physiological diHord•
142.13 Employment criteria..
other Federal financial assistance exheretofore delegated, ·or to whom the or condition. cosmetic disftgureinen.
142.14 Preemployment Inquiries•.
tended under any such program after
Secretary may hereafter delegate, the or anatomical loss affecting· oua ,
the effective date or this regulation,
authority to act under the regulations more of the following body syllttln•
Subpart C-Program Accelllblllty
even if the application for such assist.
.
Neurological; musculollkeletal; Hi>ct.:l.
in this part. ·
142.16 DlBOrlmlna.tlon prohJblted.
. ance is approved prior to such effective
(0 _Recipient means any State or' Its sense organs; reHplratory, lndu<IJJ,
142.16 Existing Caollltles.
: date. This part does not apply to:
political subdivision, any tnstrwnen- speech organs; cardiovascular; t'oiJJ',
142.1'1 New construction.
(a) Any Federal ctnanctal assistance
taltty or a state or its political subdtvt- ducttve,
digestive;
l{enllourlnat·.·.
142.18-142.40. [Reserved]
·by way of insurance or guaranty conaton, _any public or private agency, in- hemic and lymphatic; Hkin; und tmd,
tracts;
stttution, organization, or other en- crtne; or (B) any mental or pHych·,,
Subpalt D-POitlecondary Educallon
,,
(b) Money paid, property transferred
ttty, or any person to which Federal fi- logical disorder, such as mental t·ut.u•·
142.41 Application or thJa subpart.
or other assistance extended under any
uanctiLI assistance is extended dJrectly dation, organic brain syndromtl, tHII(,
142.42 Adml88lons a.nd recruitment.
such program before the effective date
or through another recipient, including ttonal or mental UlnesH, and sJ,ltJcJfl,
142.43 Treatment or students; pneral.
of this part;
any successor, assignee, or transferee . learning d1sab1Ut1es. Thtl term "phy11
142.44 Academto adjustments.
(c) Any assistance to any individual
Of a recipient, bUt excluding the Ultf~ leal or mental ·impairment" lllCIUdtlH
142.46 HOua11J4r.
who is the ultimate beneficiary under
142.48 FID&ncla.l a.nd employment aaa1sta.nce
'ma.te beneficiary of the assistance and but is not limited to. such dllloaHul:l au.:
any such program; and
to students.
any sovereign foreign government.
conditions
as. orthopedic,
viHuul.
changes (Mutual Educational a.nd Cultura.l
Excha.nge Act or 1961-'16 Bta.t. 63'1-638).
·2. Center Cor Cultura.l.a.Dd Teohntoa.l Interchange Between Ea.at a.nd West---irJ"a.Dt to
8ta.te or Hawa.tl (Pub. L. 86-4'12, '14 Bta.t. 141).
3. Aulsta.nce to or In bebalC or refUgees ·
deslpa.ted by the Prea1dent (Migration a.nd
RefUgee Aaaista.noe Act or 1962-'18 Sta.t. 121- ·
124).
·
·
· 4. Donatlona or oerta.ln Corelgn language
,ta.pes a.nd other tra.Jnlng material to public
a.nd private lnatltutlons (Regulations of Administrator or General Services rela.t1114r to
surplus property-·U CFR 101~.2).
[30 FR 314, Ja.n. 9, 1966, aa amended at 38 FR
1'1948, July 6, 19'13]
·or
;
482
.. 483
i
�1--3
::t:"
OJ
()
�22 CFR Ch. I (4-1-97 Edition)
Pl. 138, App. B
__ ..,.,...
·-
DISCLOSURE Of LOBBYING ACllVIJlES
CONTINUAnON SHUT
...-.~ ----------------------------~
.
'•• --- ---
I
§ 14.1.
Deportment of State
SUBCHAPTER 0-CIVIL RIGHTS
after the effective date of thll! t"tli:"Ull•
tion, even If the appllcatlon Ill a1.
proved prior to such effectlvtJ ..tat•
This pa.rt does not apply to (a) au,
Federal financial assistance by way l•
Insurance or guaranty contn.ctl!; (1.
money paid, property transferrtJd, o
other assistance extended undtJr an:
such .program befcpre the efftJct.lve dat..
or this regulation; (c) any assistance t.
ai.ny individual who is the ult.lmaltJ btJJl
efici&ry under any such pro~Tam; or (d
any employment practlctJ, under an
such program, of any employer, en.
ployment agency, or labor organlzu
tion, except to the extent described I•
§141.3 (d), or (e) any assistance to a•
activity carried on outside the Unite ..
States by a person, institution, o.
other entity not located in· the UnlttJ•
States. The fact that a program or ac
tivity is not listed In appendix A o
this pa.rt shall not mean, if title VI 01.
the Act is otherwise applicable, thai
such program is not covered. TranHftm
or surplus property In the Unl tee i
States are subject to regulationl! lsHutJcl
by the Administrator of General Serv
ices (41 CFR 101-0.2).
PARlj 141-NONDISCRIMINATION
IN· FEDERAUY-ASSISTED PRO·
GRAMS OF THE DEPARTMENT OF
STATE-EFFECTUATION OF TITLE
VI OF THE CIVIL RIGHTS ACT OF
1964
Seo.
Purpose.
141.2 Application of thla pan.
141.3 Dlacrlmlnatlon prohlbltad.
141.4 ABBurancea required.
141.6 Compllance Information.
141.8 Conduct of lnveatlgatlon.
141.'1 Procedure for effecting complla.nce.
141.8 Hea.rlnga.
141.9 DeciBlons and notlcea.
Hl.10 Judlola.l review.
141.11 Effect on other regulations; ·rorJilB
and Instructions.
141.12 Definltlona.
141.1
APP&NDlX A TO PART 141-0RANTS. AND AC. TIYmKS TO WHICH THIS PART APPLIBB
AUTHORITY: Sec. 602, '18 Stat. 262, sec. 4, 63
Stat. 111, aa amended; 42 U.S.C. 2000d-1, 22
u.s.c. :11668.
.
Souaca: 30 FR 314, Jan. 9. 11166, unleBB otherwise noted.
1141.1 Purpoae.
The purpose of this pa.rt is to effectuate the provisions or title VI of the
Civil Rights Act or 1964 (hereafter referred to aa the "Act") to the end that
no penion in the United States shall,
on the ground or race, color, or national origin, be excluded ti'om participation in, be denied the benefits of, or
be otherwise subjected. to discrimination under any program or activity receiving Federal financial assistance
from the De~tment of State.
__
_.... .......
............ ....,..
472
1141.2 AppUcatlon of thl8 part.
This pa.rt applies to any program Cor
which Federal financial assistance, as
defined in this pa.rt, is authorized
under a law administered by the Department including, but not limited to,
the federally-assisted programs and activities listed In appendix A of this
part. It applies to Federal financial asatatanoe of any Corm, including_ property: which may be acquired as a result
of and in connection with such assistance, extended under any such program
[38 FR 1'1946. July 6, 1973)
1141.3 Discrimination prohibited.
(a) General. No person In tho UnlttJd
States shall, on the ground of ractJ,
color, or national origin be excludtJll
from participation In, be dtJnle..t th,,
benefits of, or be otherwise 11ubjtJctu.t
to discrimination under any Pt'o~:"riUJc
to which this pa.rt appllel!.
(b) Specific disCTiminatory uctio11s pru·
hibited. (1) A recipient undet· any program to which this pa.rt applltJI! may
not, directly or through contractual o•·
other arrangements on ground of race.
color or national origin:
(1) Deny an individual any stJrvlcu, 11·
nanclal aid, or other benefits provldtJd
under the program;
(11) Provide any service, financial al..t.
or other benefits to an Individual
which Is different, or Is provldt!..t In u
different manner, from that provldtJ..t
to others under the program;
473
�Department of state
22 CFR Ch. I (4-1-97 EdHion)
§ 141.3
(111) Subject an individual to segrega- provided under a program receiving
tion or separate treatment in any mat- Federal financial aselata.nce shall be
ter related to his receipt of any service, deemed to Include any service, finanfinancial aid, or other benefit under cial ald, or other benefit provided In or
the program;
through a facility· provided with the
(tv) Restrict an individual in any way a.ld or Federal financial asellitance.
In the enjoyment of any advantage or
('1) The enumeration or specific forms
privilege enjoyed by others receiving of prohibited dlacrtmlnation In thiS
any service, financial a.ld, or other ben- pa.re.graph does not limit the generallty
, efit tinder the program;
or the prohibition In paragraph (a) of
(v) Treat an Individual dlfTerently thla section.
(6)(1) In admlnletertng a program refrom others In determining whether he
B&.tlsfies any admission, enrollment, garding which the recipient has prequota., eligibllity, membership or other viously discriminated against persona
requirement or condition which Indi- on the ground or race, color, or naviduals must meet In order to be pro- tlorial origin, the recipient must take
vided any service, financial a.ld, or a.rrtrma.tlve action to overcome the efother benefit provided under the pro- fects or prior discrimination.
(it) Even in the absence or such prior
gram;
I
(vl) Deny an Individual an oppor- · dJacrtmtnatlon, a recipient in admintunity to participate in the progra.rn Istering a program may take affirmAthrough the provision of eervicea or tiVe action to overcome the effects of
otherwise a.fTord him an opportunity to conditions which resulted in limiting
do so which Ia different from that at- participation by persona of a. particular
forded others under. the program, In- race, color, or national origin.
cluding the opportunity to participate
(c) spectal programs. An Individual
In the program as an employee In ac- eh11.1l not be deemed subjected to diecordance with pa.ragra.ph (d) or thla aeo- . crimination by reason of hla exclusion
from the benefits of a. program limited
tton.
.
(vii) Deny a person the opportunity by Federal law to Individuals of a parto participate as a member of a. plan- ticular race, color, or national origin
ning or advisory body which ·Ia an Inte- different from hie.
(d) Employment practice~. (1) Where a.·
gral part of the program.
primary objective or the Federal rtnan(2) A recipient, In determining the
types of aervtcea, financial a.ld, or other ct.Ll aselatance to a. program to which
benefits, or fac111tlea whloh wlll be pro- this part applies Ia to provide employvided under any such program, or the ment, a recipient may not (directly or
location or site of any fa.o111tlea, or through contractual or other arrange-.
services, or the class of Individuals to menta) subject an Individual to' dlewhom, or the situations In which, such crtmlnatlon on the ground or race,
services, financial aid, other benefits, color, or national origin in Ita employor raciUtlea will be provided under any mont practices under such progra.m\(lnsuch program or the clase or individ- cludlng recruitment or recruitment' a:duals to be afforded an opportunity to vertletng, employment layoff or termiparticipate in any such program, may nation, upgrading, demotion, or transnot, directly or through contractual or fer, rates or pay or other forme or comother arrangements, utilize criteria or peneatlon, and use of factl1tlee), includmethods or a.dmlnlatratlon or select lo- Ing programs where a. primary objeccations or sites for any faolUttea or tive or the Federal financial a.aatata.nce
services, which have the efTect of sub- Ia: (I) To reduce the unemployment of
jecting Individuals to dlacrimlna.tlon such individuals or to help them
because or their race, color, or national through employment to meet aubeletorigin, or have the efTect of defeating ence needs; (II) to 8881at such lndlvlclor substantially lmpa.trlng a.ooompllah- uala through employment to meet exment of the objectives of the program penses Incident to the commencement
aa respect Individuals or a particular or continuation of their education or
training; (111) to provide work experirace, color, or national origin.
(3) Aa used In this section the serv- ence which contributes to the eduices, fin.a.nclal a.ld, or other benefits cation or tra.lnlng of such lndlvlduala;
474
§ 141.4
or (tv) to provide remunerative activIty to such Individuals who because or·
severe handicaps cannot be readily absorbed In the competitive labor market.
(2) Where a primary objective or the
Federal financial assistance Ia not to
provide employment, but discrimination on. the grounds of race, color, or
national origin ln. the employment
practices or the recipient or other persona subject to the regulation tends, on
the grounds or race, color, or national
origin, to exclude Individuals frorn participation In, to deny them the benefits
of, or to subject them to discrimination under any program to which thle
regulation applies, the provlelone or
paragraph (d)(l) of this section shall
apply to the employment practices or
the recipient or other persona subject
,.. to the regulation, to the extent necefiB&ry to 888ure equality or opportunity to, and nondiscriminatory
treatment of, benertctarlea.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR
l'IIH6, July 6, 1973)
1141.4 Assurances required.
(a) General. (1) Every application for
•
~·
..
•
•
Federal financial 888lata.nce to carry
out a program to which thle part applies, ae a condition to Ita approval and
the extension or any Federal financial
aaaleta.nce pUrsuant to the application,
shall contain or be accompanied by an
assurance that the program wlll be
conducted or the faclllty ·operated In
compliance· with all requirements Imposed by or pursuant to this part. The
aaaurance shall obligate the recipient
for the period during which Federal Qnanclal asetetance Ia extended pursuant
to the application.
·
(2) In any case where the Federal asststa.nce Ia to provide, or Ia In the form
of personal property, or real prope~ty
or structures or any Interest therein,
or such property Is acquired as a result
or and In connection with such aeeletance, the assurance shall obligate the
recipient, or, In C&Be or subsequent
transfers, the transferees, for the period during which the property Ia used
Cor a purpose for which the Federal assistance was, or Ia extended. or for another purpose Involving· the provision
or almllar services and benefits, or for
u long as the recipient retains owner-
ehlp or poeeeselon of the prope•·ty.,
whichever Is longer. Any aesura.nce relating to property provided under or
acquired as a result of or In connection
with such assistance shall as appropriate require any Instrument effecting
or recording transfer, title or .other evidence or ownership or right to possession, to Include a covenant or condition assuring nondiscrimination for the
period of obligation of the recipient. or
any transferee, which may contain a.
right to be reserved to 1the Department
to revert title or rigHt to possession.
Where no transfer of property Is Involved, but property Ia Improved or any
Interest of the recipient or transferee
therein Ia Increased as a result of a program of Federal financial assistance,
the recipient or transferee shall agree
to Include such covenant or condition
In any subsequent transfer or such
property. Failure to comply with any
such conditions or requirements contained in such assurances shall render
the recipient and . the transferees,
where appropriate, presumptively In
noncompliance.
(3) The responsible .Departmental ofnotal shall specify the form of the foregoing assurances for each program, and
the extent to which like aseurances
wlll be required of eubgrantees, contractors and subcontractors, transferees, successors In interest, and other
participants In the program. Any such
ai!sura.nce shall Include provisions
which give the United States a right to
seek Ita judicial enforcement.
·
(b) Assurance~ from institutions. (1) In
the case or any application· for Federal
rtnanolal assistance to an Institution of
higher education, Including aeslstanco
for construction, for research, for a
special training project, for a student
loan program, or for any other purpose,
the 888urance required by this section
shall extend to admlselon practices an1l
to all other practices relating to the
treatment or students.
(2) The assurance required with re- ·
apect to an Institution of higher education, or any other Institution, Insofar as the aseurance relates to the Inetltutlon'a practices with respect to admlaelon or other treatment or lndlvhluala as students, or clients of the lnl!tltutlon or to the opportunity to participate In the provision of services or
475·.
�22 CFR Ch. I
§ 141.5
(~1-97 EditiOn)
'
i
I.
A
reoipien~
(b) Compliance reports. Each
other benefits to such lildividua.la, shall
be applicable to the entire Institution shall keep such recorda and submit to
unleBB the applicant establishes, to the · the responsible Departmental omcl&l ·
satlafaotlon or the responsible Depart- or his designee timely, complete and
ment ofllDial, that the lnstltutlon'a accurate compliance re-ports at aucl
praotlcea In designated parts or pro- times, and In such form and containiDI
grams or the Institution will in DO way such Information, as a responsible ~
affect Ita practices ln the program or partmental ocrtclal or his designee mA1
the lnstltutlon Cor which Federal nnan- determine to be neceBBarY to enabll
clal aBBlatance Is sought, or the bene- him to ascertain whether the reclple~
ficiaries or or partlclpanta In such pro- has complied or Is complying with thll
gram.
·part. In general, recipients should b&"
(o) Elementa111 and secondartl schools.
available Cor the Department racial
The requirements or paragraph (a)(l) or and ethnic data showing the extent &o
this seotion, with reapeot to any ele- which members or minority grou~ art
mentary or secondary school or school beneficiaries of Federally assisted ~
system shall be deemed to be satisfied grams. In . the case or any progralll
IC suoh school or school system (1) Ia under which a primary recipient a·
subject to a nnal order or a oourt or the tends Federal nnanolal aaslstancs 10
United States Cor the desegregation or any other recipient, such other reef~
such school or school system, and pro- ent shall also submit such compl~
vides an aBBuranoe that It will comply reports to the primary rec
with auoh order, or (2) submits a plan may be neceSBary to enable
the desegregation or auoh school or mary recipient to carry out his
sohool system whloh the responsible or- tiona under this part.
notal oC the Department or Health,
(o) Access to sources of infonnatW
Education, and Welfare determines Ia
Each recipient shall permit
adequate to accomplish the purposes or
the Aot and this part within the earll- the responsible Department ome~~¥."
eat practicable time, and provides rea- his designee during
sonable aBBurance that It wlll carry out hours to such or Ita books,
auoh plan; in any case or continuing COUntS, and other sources Of
Federal financial aBBlstance the re- tlon, and Ita Cac111tles as may
sponsible official or the Department or nent to ascertain compliance
Health, Education and Welfare may re- part. Where any Information
serve the right to redetermine, after or a recipient Is In the exclust1
such period as may be apeoiO.ed by him &ton or any other agency, lnstttutl~
the adequacy or the plan to accomplish person and this agency, instttutl•
the purposes or the Act and this part. person shall fall or refuse to
this Information, the recipient
In any case In which a final order or a
court or the United States Cor the de- certify In Ita report and shall
segregation or such school or school what efforts It has made to
system Ia entered a!ter aubm1BB1on or information.
(d) Information to
such a plan, such plan shall be revised
to conform to such final order, Includ- participants. Each rectplen~
Ing any future modification of such avallable to participants. benenOJI
and other Interested
order.
formation regarding
[30 FR 314, Jail. 9. 1966, aa amended at 38 FR
this- part and Its appllca.DUl~;J
11948, July 6, 111131
program under which the rec111
eel ves Federal financial aasli~
1141.6 CompUance Information.
make such information
(a) Cooperation and asmtance. Eaoh them In such manner, as
responsible Department omotal shall Bible Department ornclal
to the fullest extent practicable seek eSBary to apprise such pe1
_
the cooperation or reotplenta In obtain- protections against disc~
Ing compllance with this regulation sured them by the Act and Ult.
and shall provide aBB!stance and guidance to recipients to help them comply [30 FR 314, Jan. 9, 1966, aa ameodtd
1194'1, July 6, 19'13)
voluntarily with this part.
476
. § 141.
1141.8 Conduct oC Investigation.
slated, or participated in any niuuJ~o
• (a) Periodic compliance reviews. The re- ln an Investigation, proceediug, ,,
IPODBible Department ofOclal or his bearing under this part. The ldtmtlty •·
· dea1gnee shall from time to time re- complainants shall be kept. confldu1'
flew the practices of recipients to de- tial except to the extent nece1111ary t.
&ermlne whether they are complying carry out the purposes of .thlll Pal'l.. 11,
.Jrltb this part.
eluding the conduct of any lnvcHtlt;u
.<(b) Complainu. Any person who betion, hearing, or Judicial -PJ'ocuu<llu.
lieves himself or any specific cl&ll8 or arising thereunder.
IDdlvtdual to be subjected to dlscriml(30 FR 314, Jan. 9,
latlon prohibited by this part may by 1'1947, July 6, 1973) 1966, aa amend11d at :lll i''i
1
~If or by a representative file with
llle responsible Departmental off1clal a 1141.7 Procedure for effecting com1jll
written complaint. A complaint must "
ance.
-~.tiled not later than 180 days from
(a) General. U there apl>tlal'll t.o bo "
. date or the alleged discrimination,
the time for flllng Ia exter.ded failure or threatened falluru to comply
responsible ·Departmental otn- with this part, and If the noncomvll
ance or threatened noncompllancu can
hls designee.
not be corrected by Informal lll~>allll.
Investigations. The responsible Decompliance with this part may uu uf
~ent official or his designee will
investigation whenever fected by the suspension or lennireview, report, com- nation or or refusal to grant or t.o conor any other inlormation lndi- .tlnue Federal financial assistance o1· IJy
posalble·ratlure to comply with any other means authorized by law.·
The Investigation should ln- Such other means may Include, but tu·c
~re appropriate, a review or
not limited to, (1) a reference to De~-pertlnent practices and policies or partment Of JU11tice With 11. J'eCl(nofptent, the olrcwnstances under ommendatiOD that appropriate propo881ble noncompliancu with ceedings be brought to enforce any·
occurred, and other Caotors rights or the United States under any
tO a determination as to
law of the United States (including
the recipient has failed to ·other titles or the Act), or any WIIIUI'this part.
ance or other contractual undertaking,
...Baolution of matters: (1) U an lnand (2) any applicable proceeding under
.to paragraph (c) State or local law.
Indicates a Callure to
(b) Noncompliance with § 141.4. If. an
this part, the responsible applicant falls or refused to furnl11h an
offtolal or his designee wUl &BBurance required under §141.4 or othrecipient and the matter erwise falls or refuses ,to comply wl th a
~resolved by lntormal me~~ons
requirement im'posed by or pursuant. to
IIOBBible. U It has been deter- that section Federal 'financial Wllllllt&hat the matter cannot be re- ance may be refused in accordance with
b lnCormal means, action will the procedures of paragraph (c) of thl11
aa provided for In §141.7.
section. The Department shall not IJO
lnveatlgatton does not war- required to provide 8.8slstance in 11uch a
pursuant to paragraph case during the pendency of the adminsection the responsible Istrative proceedings under such punl.oCfloial or his designee will graph except that the Depru·tmtmt
recipient and the corn- shall continue assistance during thu
y, in writing.
pendency Of SUCh proceedlngll Wht>l'u
~ or retallatOfJI acts prosuch aBBistance Is due and puyaLitl puJ·or other pen;on suant to an appllcation the1·eror apthreaten, coerce, or proved prior to the effectivt~ datu of
against any individual for
this part.
or interCeriDir with any
(o) Tenninution of or refusal tu gmut ur
•lftttlege aeoured by section 601 to continue Federal financial ussi£tunce.
or this part, or becawse he No order. suspending, terminating or
• . complaint, testified, as- refusing to grant or continua 1-'edural
"·
477
�22 CFR Ch. I (4-1-97 Edllloc\)
§ 141.8
financial aasistance shall become ef!ec. tive until (1) the responsible Department official haa advised the applicant
or recipient or his failure to comply
and baa determined that compliance
cannot be secured by voluntary means,
(2) there baa been an express finding on
the record, after opportunity Cor hearIng, or a failure by the applicant or recipient to comply with a requirement
Imposed by or pursuant to this part, (3)
the action baa been approved by the
Secretary pursuant to U41.9(e), and (4)
the expiration of 30 days after the Secretary has ftled with the committee or
the House and the committee of the
Senate having legislative Jurisdiction
over the program Involved, a Cull written report or the clrownstances and the
grounds Cor such action. Any action to ·
suspend or terminate or to reCUse to
grant or to continue Federal financial
assistance shall be limited to the particular political entity, or part thereof,
or other applicant or recipient aa to
whom such a nndlng has been made
and shall be 11m1ted in ita eUect to the
particular program, or part thereof, in
which such noncompliance baa been so
found.
(d) Other meam authorized bJI law. No
action to eUect compliance by any
other means authorized by law shall be
taken untU (1) the responsible Department ortlcial has determined that compliance cannot be secured by voluntary
means, (2) the action baa been approved
by the Deputy Under Secretary for Adinlnistration, (3) the recipient or other
person has been notified or its failure
to comply and or the action to be taken
to effect compliance, and (4) the expiration or at least 10 days from the
mailing or such notice to the recipient
or other person. During this period or
at least 10 days additional effort& shall
be made to persuade the ·recipient or
other person to comply with this part
and to take such corrective action aa
may be appropriate.
(30 FR 314, Jan. 9, 11166, aa amended a.t S8 FR
1'11H'1 July 6, 19'13)
·
1141.8 Bearinp.
(a) OpportunitJI tor hearing. Whenever
an opportunity Cor a hearing is required by U41.7(c), reasonable notice
shall be given by registered or certified
mall, return receipt requested, to the
affected appllcant or recipient. TbJ4
notice shall advise the applicant or recipient of the action proposed to be
takan, the specific provision under
which the proposed action against It Ia
to be taken and the matters of ra.ot or
law asserted aa the basis for this a,o.:
tlon, and either (1) fix a date not 1881
than 20 days after the date or such no,
tice within which the applicant or re~
clplent may request or the responslbla
Department official that the matter bll
scheduled Cor hearing or (2) advise the
applicant or recipient that the matter
in question has been set down Cor bearing at a stated place and time. The
time and place so nxed shall be reaaonable and shall be subject to change for
cauoe. The complainant, It' any, shall
be advised of the time and place of the
hearing. An applicant or recipient may
waive a bearing and submit written I~
formation and argument for the record.·
The !allure or an applicant or recipient.
to request a hearing under this pa.r,.;
graph or to appe&r at a hearing r~
which a date baa been eet shall · bll
deemed to be a waiver or the right to •
hearing under section 602 or the Aot.
and §141.7(c) of this part and consent to
the making or a decision on the basts ol .
such information aa is available.
(b) Time and place of hearing. Hearings shall normally be held at the oC,
flees of the Department In Washington,
DC, at a time fixed:' by the responsible
Department official. Hearings shall bo
held before an official designated by
the Secretary other than the responsible Department official, In a.ocordance with 6 U.S.C. '13106 and 3344 (formerly Section 11 of the Admlnistra.tlvo
Procedure Act).
(c) Right to counseL In all proceeding&
under this section, the applicant or recipient and the Department shall havo
the right to be represented by counsel,
(d) Procedures, evidence, and record. (1)
The hearing, decision, and any adminIstrative review thereof shall be conducted with aa much conformity aa ~
practicable with 6 U.S.C. 664-6S7 (formerly sections 6--i or the Admlnlstr&-.
tive Procedure Act) and In accordance
with such rules or procedure as are
proper (and not Inconsistent with thJa
section) relating to the conduct or the
hearing, giving of notices subsequent
to those provided for In paragraph (a)
478
§141.9
Depaltment of State
ol this section, taking or testimony,
llhlblta, argument& and briefs, re, cuata for findings, and other related
' matters. Both the Department and the
applicant or recipient shall be entitled
&o Introduce all relevant evidence on
Che IBBues as stated In the notice for
bearing or aa determined by the officer
oonducting the hearing at the outset. or
or during the hearing.
' (2) Technical rules of evidence shall
DOt apply to hearings conducted pursuaut to this part, but rules or principles
deaiped to aasure production or the
111011t credible evidence available and to
IUbJect testimony to test by cross-examination shall be applied where reaIOnably necessary by the officer conducting the hearing. The office presidIng at the hearing may ·exclude lrreleftllt, Immaterial, or unduly repetitious
evidence. All documents and other evidence offered or taken for the record
lh&ll be open to examination by the
swttes and opportunity shall be given
&o refute Caota and arguments advanced
on either side of the issues. A tranICript shall be made or the oral evidence except to the extent the sublt&Dce thereof is stipulated Cor · the
reoord. All decisions shall be baaed
apon the hearing record and written
llndtngs shall be made.
(e) Con.soliclated or joint hearings; hear~
tngs before . other agencies. In cases In
which the Ba.me or related facta are aseorted to constitute noncomplillnce
wttb this part with respect to two or
more programs to which this part a.pplJBB, or noncompliance with this part
and regulations or one or more other
Federal department& or agencies issued
onder title VI of the Act, the Secretary
may, by agreement with such other department& or agencies where applicable, provide Cor the conduct of consolidated or joint hearings, and for the appUcatlon to such hearings of rule11 or
procedures not Inconsistent with this
put, except that procedural requirementa or the bearing agency it other
t.ba.n this Department may be adopted
lnaoCa.r as it is determined by the Secretary that variations from the procedllfeB described in this section or elsewhere aa may be required under this
· put do not impair the right& or the
parties. The Secretary may also tra.n&fer the hearing of any complaint to any
other department or agency, with dw
consent or that Department or Agency
(1) where Federal financial &BSilltiUlce
to the applicant or recipient of the
other Department or Agency 111 substantially greater than that of the DtJpartment of State, or (2) upon determination by the Secretary that such
transfer would be In the best Interet! til.
ot the Government of effectuu.tln~ thl11
part. Final decisions In all such catlett,
Insofar aa this part Is concerned. 11hall
be made in accordancT with § 141.9.
(30 FR 314, Ja.n 9. 11166, aa amended a.t 38 fo'R
1'11H'1, July 6, 19'13)
A141.9 Decl•loDB and notlctltt.
(a) Decisions on record or review by the
responsible Department of/iciul. The ap-
plicant or recipient shall be given reasonable opportunity to tlle with the officer presiding at the hearing brlef11 or
other written statements of Its contentions, and a copy or the final decision
shall be given in writing to the appll- ·
cant or recipient and to the complainant, it any. The officer presiding at the
hearing shall render a decision on the
matter.
(b) Decisions on record where u heuri11g
is waived. Whenever a. hearing Is waived
pursuant to § 141.8(a) a decision shall be
made by the responsible Departmental
official on the record and a copy of
such decision shall be given in writing
to the applicant or recipient, and to
the complainant, If any.
(c) Rulings required. Each decision of
an officer presiding at the hearing shall
set forth his ruling on each finding,
conclusion, or exception• presented, and
shall Identify the requ!rement or rtJqulrements imposed by or pursuant to
this part with which It Is found that
the applicant or recipient has failed to
comply.
(d) Appeal. Either party may appeal
from a decision of the officer preHldlng
at the hearing to the responsible Department official within 30 days of the
mailing of the officer's decision. In thtJ
absence of such an appeal the decillion
or the officer presiding at the hearln~ll
shall constitute the final decision uf
the Department subject to paru.~raph
(e) or thiB section.
(e) Approval by Secretary. Any flnu.l
decision by an officer (other th11.n the
479
�Secretary) which provides for the sus. penalon or termination of, or the retuaal to grant or continue Federal nna.ncial asalstance, or the imposition of
any other sanction available under thla
part or the Act, shall promptly be
transmitted to the Secretary who may
approve such deolsion, may vacate It,
or remit or mitigate any aanotion imposed.
(f) Content of orders. The ftnal deolslon may provide for suspension or termination of, or retuaal to grant or continue Federal ftnanclal aaatstance, in
whole or in part, under the program involved, and may contain such terms,
conditions, and other provla1ons aa are
conatstent with and wtll eaectuate the
purposes of the Act and this part, lncludll\8' provisions designed to aaaure
that no Federal ftnanclal aaatstance
will therea.tter be extended under such
program to the applicant or· recipient
determined by such decision to be In
default In ita performance of an aaaurance given by It pursuant to this part,
or to have otherwise failed to comply
with th1a part, unleas and until It correcta Ita noncompliance and aatisftes
the responsible Department omcial
that It wlll tully comply with this part.
(g) Post-termlnaUon proceedings. (1) An
applicant or recipient adversely affected by an order luued under paragraph (f) or this section shall btt restored to fUll ellgiblllty to rebeive Federal nnancial assistance 1f It aatisftes
the terms and conditions of that order
for such ellgiblUty or if It brinp itself
into compllance with this regulation
and provides reaaonable aaaurance that
it wlll tully comply with this regulation.
(2) Any appllcant or recipient adversely affected by an order entered
pursuant to pa.ra.gra.ph (0 of this section may at any time request the responalble Departmental omclal to restore tully ita ellgib111ty to receive
Federal ftna.ncial a.aatatance. Any such
request shall be supported by Info~
tion establlah1D8' that the applicant or
recipient baa met the requirements of
pa.ra.gra.ph (g)(1) or th1a aeotion. U the
responsible Departmental oft1clal determines that those requirements have
been aatisfted, he shall restore such ellgib111ty, but such determination shall
be In writing and shall be supported by
Pt. 141, App. -
22 CFR Ch. I (4-1-97 EdlllcQ
1141.10
evidence and tindlnga of faot wb1~
shall be retained by the Department.. it
(3) U the responsible Departmen~
o[ficial denies any such request, the IP1 '
pllca.nt or recipient may submit a ~
quest for a hearing in writing, spec~
ing why it believes such official to ha't
been in error. It shall thereupon lit
given an ~xpedltious hearing, wltlll
decision on the record, in acco~
with rules or procedure luued by*
responsible Departmental oMcial.
burden or substantiating
with the requirements or
(g)(1) of this section shall be
pllca.nt or recipient. While proceedJJII(
under this pa.ra.gra.ph are pending,
aa.nctions imposed by the order
under paragraph (0 of this section
remain In effect.
· i" 1:,,
•
[SO FR 314, Jan. 9, 11166, aa r.mended at 8
1'194'1, July 6, 19'13}
.
1141.10 Judicial review.
Action taken pursuant to
of the Act is subject to judicial
as provided In section 603 of the
1141.11 Effect on other
foi'IIUI and lnatrucUoDio
Nothing in this part ahall be
to supersede: Executive
and 11114 and regulations tasued
under, or any other regulattona
structions, insofar as such reguli
or instructions prohibit dlacrimiDII
on the ground or race, color,
tlonal origin in any program or
tion to which this regulation II
pllcable. or prohibit dlacrlmtnattll!l
any other ground.
(a)
Forms and lnstructlom.
aponsible Department
issue, and promptly make av&Jl&a.J
interested persona, forms
instructions and procedures
tuatlng this part as
grams to which this part
for which he is responsible.
(b) Supervision and coor~
Secretary may, &om time to lilq
sign to ornctals of the De~
to omct&la of other
agencies of the Government.
consent of suoh department .
olea, responsibiUtles In .
with the effectuation ot the
title VI or the Act and this
tng the achievement or
. coordlnatlon and ma.xlmum uniformity
Wltllln the Department and within the
llacutive branch ot the Government in
lbe appllcatlon or title VI and this part
lo simUar programs a.nd In similar sltatlona. Any action taken, determlnaUoo made, or requirement imposed by
ID omcial of another depa.rtmeut or
118ncy acting pursuant to a.n a.sslgn.-nt or responslb111ty under this sub·
IIOtioo shall have the same effect as
Aourh such action had been taken by
respoDBlble official of this Depart-
DeftnlUona.
used to this part-
The term Department mea.na the
of State and Includes each
onerattnll' agencies and other OI'ItB except the Agency
Jotematlonal Development.
be term Secretary means the SeoofState.
· term respomlble Department
with respect to any program reFederal ftnanclal assistance
the official of the Department
responslbll1ty within the Detor the program extending
11818tance or such official of the
as the Secretary des~ent
provision or serirtces, financial aid, ' .
other benefits to individuals wheth<
provided through employees of the r.
clpient of Federal flminclal a.saistan<
or provided by others through co1
tracts or other arrangements with u,
recipient. Services, financial aid, c
other benefits shall Include those pn
vlded with the aid or or through any f~<
olUty provided for by the aid or an:
non-Federal fUnds, property, or othfresourcea required to be expended o
made available for the program t.
meet matching requirements or othe
conditions in order to receive Feder11
a.saistance.
(g) The term recipient means an_
State, polltical subdivision of aw
State, or instrumentality of any Stat.
or political subdivision, a.ny public o
private agency, institution, or organl
za.tion, or other entity, or any lndlvid
ual, in any State to whom Federal C1
nancial assistance is extended dlrectl:
or through another recipient,· for an:
program, including any successor, atJ
sign, or transferee thereof, but aucl
term does not include any ultimat•
beneficiary under any such program.
(h) The term primary recipient mean.
any recipient which is authorized or re .
qulred to extend Federal financial as
ststance to another recipient for th•
purpose of carrying out a program.
(1) The term applicant means one whc
submits an appUcation, request, oi
plan required to. be approved by a responsible Department official, or by r.
primary recipient, as a condition t<
el1gtb1Uty for Federal financial assist
a.nce; and the term application mean,
such an application, request, or plan.
(j) The term facility includes all 01
any portion of structures, equipment
or other real or personal property 01
interests therein, and the provision oJ
fac1Uties includes the construction, expansion, renovation, remodellng, alteration, or acquisition of fac111tles.
[SO FR 314, Jan. 9. 1966. aa amended at 38 Fll
1'1'948, July 6, 19'13]
141-GRANTS ANL
ACTIVITIES TO WHICH TUI8 PART AP·
PLIES
APPBNDIX A TO PART
1. Mutual understanding between people 01
the United States and the people or pthe1
countries by educational and cultural exchange-atudles. research, Instruction anc
��AGENCY:
United States Information Agency
BILLING CODE FOR FEDERAL REGISTER: 8230-01
AGENCY DOCKET NUMBER (Optional)
=--------------------------------
REGULATION IDENTIFIER NUMBER (RIN)
(Optional) : _________________
DID YOUR AGENCY EVER PUBLISH A NOTICE OF PROPOSED RULEMAKING FOR
TITLE IX IN THE FEDERAL REGISTER? NO
PLEASE IDENTIFY THE PROJECTED CITATION IN THE·CODE OF FEDERAL
REGULATIONS (CFR) FOR THE FUTURE TITLE IX REGULATION.
22 CFR PART 508
PLEASE SET FORTH THE WORDS OF ISSUANCE FOR THE-REGULATION.
This proposed regulation implements Title IX of the Education
Amendments of 1972. which prohibits discrimination based on sex
in education programs or activities which receive Federal
financial assistance.
CONTACT ·PERSON FOR FURTHER AGENCY-SPECIFIC INFORMATION:
Hattie P. Baldwin. Esq.
Director. Office of Civil Rights
U.S. Information Agency
301 4th Street. S.W.
Washington. D.C.
20547
(202) 619-5151
LIST OF SUBJECTS
Administrative Law Judge. Administrative Practice and Procedure.
Agency. Applicant. Attorney General. Buildings and Facilities.
Civil Rights. Colleges and Universities. Complaint. Designated
Official. Director. Educational Facilities. Educational Research.
Educational Study Programs. Elementa£Y and Secondary Education.
Federal Financial Assistance. Program. Recipient. Title IX.
United States
�-2IDENTIFY THE "DESIGNATED AGENCY OFFICIAL" (By titl.e) :
Director. Office of Civil. Rights
NAME OF PERSON SIGNING THE REGULATION:
..
Joseph Duffey·
Director. U.S. Information Agency
LIST OF PROG~S WITH CITATION OF AUTHORITY THAT ARE COVERED BY
THIS REGULATION AND TO BE INCLUDED AS APPENDIX:
Programs covered by Titl.e IX incl.ude, but are not
.fol.lowing:
l.~ited
to, the
1.
Grants to individual.s, publ.ic or private nonprofit
organizations, state and l.~cal. governmental. institutions in
the United States and in-other countries for interchanges of
books, periodicals and government publications, and
. preparation, distribution and interchange of other
educational materials (Section 202 of the United States
Information and Educational Exchange Act of 1948, as
amended, 22 U.S.C. 1447).
2.
Grants to individual.s, publ.ic or private nonprofit
organizations, state and l.ocal. governmental. institutions in
the United States and in other countries to assist l.ibraries
and community centers abroad, ·founded or sponsored by
citizens of the United States, and serving as demonstration
centers for methods and practices employed in the United
States (Section 203 of the United States Information and
Educational Exchange Act of 1948, as amended, 22 U.S.C.
1448) .
3.
Grants to private agencies, incl.uding existing American
press,_publishing, radio, motion picture, and other agencies
in disseminating abroad information.about the United States,
its peopl.e, and pol.icies (Section 1005 of the United States
Information and Educational Exchange Act, 22 U.S.C. 1437).
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•·
-3-
4.
Grants to public or private nonprofit foundations,
institutions, or organizatio~s for educational and cultural
exchanges, visits, and interchanges (Section 102 of the
Mutual Educational and Cultural Exchange Act of 1961, as
amended, 22 U.S.C. 2452).
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Neera Tanden - Subject Series
Creator
An entity primarily responsible for making the resource
First Lady's Office
Neera Tanden
Date
A point or period of time associated with an event in the lifecycle of the resource
1997-1999
Is Part Of
A related resource in which the described resource is physically or logically included.
<a href="http://clinton.presidentiallibraries.us/items/show/36378" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/1766805" target="_blank">National Archives Catalog Description</a>
Identifier
An unambiguous reference to the resource within a given context
2012-0057-S
Description
An account of the resource
Neera Tanden served as Associate Director for Domestic Policy in the Clinton White House, and Senior Policy Advisor to the First Lady’s staff from December 1997 to July 1999. She dealt with all facets of domestic policy as it related to the work of the First Lady including child care, education and literacy, health reform, Title IX, national service, and youth issues such as after school activities, teen pregnancy, and violence. The records include agendas, articles, books, galley proofs, informational packets, letters, legislation, memos, schedules, speech material, talking points, videos, and weekly reports.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Extent
The size or duration of the resource.
105 folders in 6 boxes
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Title IX [3]
Creator
An entity primarily responsible for making the resource
First Lady's Office
Neera Tanden
Subject Files
Identifier
An unambiguous reference to the resource within a given context
2012-0057-S
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 5
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2012-0057-S-Tanden-OFL.pdf" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/1766805" target="_blank">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Medium
The material or physical carrier of the resource.
Reproduction-Reference
Date Created
Date of creation of the resource.
2/1/2014
Source
A related resource from which the described resource is derived
Title IX [3]
1766805